(1)

Directive 2009/125/EC requires the Commission to set ecodesign requirements for energy-related products representing significant volumes of sales and trade, having a significant environmental impact and presenting significant potential for improvement through design in terms of their environmental impact, without entailing excessive costs.

(2)

Article 16(2)(a) of Directive 2009/125/EC provides that in accordance with the procedure referred to in Article 19(3) and the criteria set out in Article 15(2), and after consulting the Ecodesign Consultation Forum, the Commission has to, as appropriate, introduce implementing measures starting with those products that offer a high potential for cost-effective reduction of greenhouse gas emissions, such as lighting products in both the domestic and tertiary sectors, which include directional lamps, light-emitting diode lamps and related equipment.

(3)

The Commission has carried out a preparatory study to analyse the technical, environmental and economic aspects of directional lamps, light-emitting diode lamps and related equipment. The study has been developed together with stakeholders and interested parties from the Union and third countries, and the results have been made publicly available. A preparatory study on external power supplies provided a similar analysis for halogen lamp control gear.

(4)

Mandatory ecodesign requirements apply to products placed on the Union market wherever they are installed or used; therefore such requirements cannot be made dependent on the application in which the product is used.

(5)

Products subject to this Regulation are designed essentially for the full or partial illumination of an area, by replacing or complementing natural light with artificial light, in order to enhance visibility in that area. Special purpose lamps designed essentially for other types of application, such as traffic signals, terrarium lighting or household appliances and clearly indicated as such on accompanying product information should not be subject to the ecodesign requirements set out in this Regulation.

(6)

New technologies emerging on the market such as light-emitting diodes should be subject to this Regulation.

(7)

The environmental aspects of the products covered that have been identified as significant for the purposes of this Regulation are energy consumption in the use phase along with mercury content and mercury emissions.

(8)

Mercury emissions in the different phases of the life cycle of the lamps, including from electricity generation in the use phase and from the 80 % of directional compact fluorescent lamps containing mercury which are presumed not to be recycled at the end of their life, have been estimated to be 0,7 tonnes in 2007 from the installed stock of lamps. Without taking specific measures, the mercury emissions from the installed lamp stock are predicted to increase to 0,9 tonnes in 2020, although it has been demonstrated that they can be significantly reduced.

(9)

Although the mercury content of compact fluorescent lamps is considered to be a significant environmental aspect, it is appropriate to regulate it under Directive 2011/65/EU of the European Parliament and of the Council (2). It is appropriate to regulate the ultraviolet light emissions from lamps and other parameters with potential health effects under Directives 2006/95/EC (3) and 2001/95/EC (4) of the European Parliament and of the Council.

(10)

Setting energy efficiency requirements for lamps should lead to a decrease in the overall mercury emissions.

(11)

Article 14(2)(d) of Directive 2012/19/EU of the European Parliament and of the Council (5) requires Member States to ensure that users of electrical and electronic equipment in private households are given the necessary information about the potential effects on the environment and human health as a result of the presence of hazardous substances in electrical and electronic equipment. The product information requirements in this Regulation should complement this provision as regards mercury in compact fluorescent lamps.

(12)

The electricity consumption of products subject to this Regulation should be improved by applying existing non-proprietary cost-effective technologies, which lead to a reduction of the combined expenses for purchasing and operating the equipment.

(13)

Ecodesign requirements for products subject to this Regulation should be set with a view to improving the environmental performance of the products concerned and contributing to the functioning of the internal market and to the Union objective of reducing energy consumption by 20 % in 2020 compared with the assumed energy consumption in that year if no measures were taken.

(14)

The combined effect of the ecodesign requirements set out in this Regulation and of Commission Delegated Regulation (EU) No 874/2012 (6) is expected to result in annual electricity savings of 25 TWh by 2020 among directional lamps, compared with the situation if no measures were taken.

(15)

The ecodesign requirements should not affect functionality from the user’s perspective and should not negatively affect health, safety or the environment. In particular, the benefits of reducing the electricity consumption during the use phase should outweigh any potential additional environmental impact during the production phase of products subject to this Regulation. In order to ensure consumer satisfaction with energy-saving lamps, in particular LEDs, functionality requirements should be set not only for directional lamps, but also to non-directional LEDs, as they were not covered by the functionality requirements in Commission Regulation (EC) No 244/2009 (7). Product information requirements should allow consumers to make informed choices.

(16)

LED luminaires from which no LED lamp or module can be extracted for independent testing should not offer a way for LED manufacturers to escape the requirements of this Regulation.

(17)

It is appropriate to set specific requirements at a level that leaves alternative lamps available to service the entire installed stock of lighting equipment. In parallel, generic requirements should be set that are implemented by harmonised standards and that make new lighting equipment more compatible with energy-saving lamps, and energy-saving lamps compatible with a wider range of lighting equipment. Product information requirements on lighting equipment can assist users in finding matching lamps and equipment.

(18)

Phasing the ecodesign requirements should provide a sufficient timeframe for manufacturers to re-design products subject to this Regulation. The timing of the stages should be such that any negative impact on functionalities of equipment on the market are avoided and that the cost impact for end-users and manufacturers, in particular small and medium-sized enterprises, is taken into account, while ensuring timely achievement of the objectives of this Regulation.

(19)

Measurements of the relevant product parameters should be performed through reliable, accurate and reproducible measurement methods, which take into account the recognised state-of-the-art measurement methods including, where available, harmonised standards adopted by the European standardisation bodies, as listed in Annex I to Directive 98/34/EC of the European Parliament and of the Council (8).

(20)

In accordance with Article 8 of Directive 2009/125/EC, this Regulation should specify the conformity assessment procedures applicable.

(21)

In order to facilitate compliance checks, manufacturers should provide information in the technical documentation referred to in Annexes V and VI to Directive 2009/125/EC in so far as that information relates to the requirements laid down in this Regulation.

(22)

In addition to the legally binding requirements laid down in this Regulation, indicative benchmarks for best available technologies should be identified to make information on the life-cycle environmental performance of products subject to this Regulation widely available and easily accessible.

(23)

A review of this Regulation should take particular note of the trend in sales of special-purpose lamp types in order to make sure that they are not used outside special applications, and of the development of new technologies such as LED and organic LED. It should assess the feasibility of establishing energy-efficiency requirements at class A level as defined in Regulation (EU) No 874/2012, or at least at class B level for directional mains voltage halogen lamps (taking into account the criteria set out below in Table 2 in point 1.1 of Annex III). It should also assess whether the energy-efficiency requirements for other filament lamps can be significantly tightened. The review should also assess the functionality requirements regarding colour rendering index for LED lamps.

(24)

The measures provided for in this Regulation are in accordance with the opinion of the Committee established by Article 19(1) of Directive 2009/125/EC,

(a)

directional lamps;

(b)

light-emitting diode (LED) lamps;

(c)

equipment designed for installation between the mains and the lamps, including lamp control gear, control devices and luminaires (other than ballasts and luminaires for fluorescent and high-intensity discharge lamps);

1.

‘lighting’ means the application of light to a scene, objects or their surroundings so that they may be seen by humans;

2.

‘accent lighting’ means a form of lighting where light is directed so as to highlight an object or a part of an area;

3.

‘electrical lighting product’ means a product designed for use with electricity and intended for use in lighting;

4.

‘special purpose product’ means a product that uses the technologies covered by this Regulation but is intended for use in special applications because of its technical parameters as described in the technical documentation. Special applications are those that require technical parameters not necessary for the purposes of lighting average scenes or objects in average circumstances. They are of the following types:

5.

‘light source’ means a surface or object designed to emit mainly visible optical radiation produced by a transformation of energy. The term ‘visible’ refers to a wavelength of 380-780 nm;

6.

‘lamp’ means a unit whose performance can be assessed independently and which consists of one or more light sources. It may include additional components necessary for starting, power supply or stable operation of the unit or for distributing, filtering or transforming the optical radiation, in cases where those components cannot be removed without permanently damaging the unit;

7.

‘lamp cap’ means that part of a lamp which provides connection to the electrical supply by means of a lamp holder or lamp connector and may also serve to retain the lamp in the lamp holder;

8.

‘lamp holder’ or ‘socket’ means a device which holds the lamp in position, usually by having the cap inserted in it, in which case it also provides the means of connecting the lamp to the electric supply;

9.

‘directional lamp’ means a lamp having at least 80 % light output within a solid angle of π sr (corresponding to a cone with angle of 120°);

10.

‘non-directional lamp’ means a lamp that is not a directional lamp;

11.

‘filament lamp’ means a lamp in which light is produced by means of a threadlike conductor which is heated to incandescence by the passage of an electric current. The lamp may contain gases influencing the process of incandescence;

12.

‘incandescent lamp’ means a filament lamp in which the filament operates in an evacuated bulb or is surrounded by inert gas;

13.

‘(tungsten) halogen lamp’ means a filament lamp in which the filament is made of tungsten and is surrounded by gas containing halogens or halogen compounds; it may be supplied with an integrated power supply;

14.

‘discharge lamp’ means a lamp in which the light is produced, directly or indirectly, by an electric discharge through a gas, a metal vapour or a mixture of several gases and vapours;

15.

‘fluorescent lamp’ means a discharge lamp of the low-pressure mercury type in which most of the light is emitted by one or more layers of phosphors excited by the ultraviolet radiation from the discharge. Fluorescent lamps may be supplied with an integrated ballast;

16.

‘fluorescent lamp without integrated ballast’ means a single- or double-capped fluorescent lamp without integrated ballast;

17.

‘high intensity discharge lamp’ means an electric discharge lamp in which the light- producing arc is stabilised by wall temperature and the arc has a bulb wall loading in excess of 3 watts per square centimetre;

18.

‘light emitting diode (LED)’ means a light source which consists of a solid state device embodying a p-n junction of inorganic material. The junction emits optical radiation when excited by an electric current;

19.

‘LED package’ means an assembly having one or more LED(s). The assembly may include an optical element and thermal, mechanical and electrical interfaces;

20.

‘LED module’ means an assembly having no cap and incorporating one or more LED packages on a printed circuit board. The assembly may have electrical, optical, mechanical and thermal components, interfaces and control gear;

21.

‘LED lamp’ means a lamp incorporating one or more LED modules. The lamp may be equipped with a cap;

22.

‘lamp control gear’ means a device located between the electrical supply and one or more lamps, which provides a functionality related to the operation of the lamp(s), such as transforming the supply voltage, limiting the current of the lamp(s) to the required value, providing starting voltage and preheating current, preventing cold starting, correcting the power factor or reducing radio interference. The device may be designed to connect to other lamp control gear to perform these functions. The term does not include:

23.

‘control device’ means an electronic or mechanical device controlling or monitoring the luminous flux of the lamp by other means than power conversion, such as timer switches, occupancy sensors, light sensors and daylight regulation devices. In addition, phase cut dimmers shall also be considered as control devices;

24.

‘external lamp control gear’ means non-integrated lamp control gear designed to be installed outside the enclosure of a lamp or luminaire, or to be removed from the enclosure without permanently damaging the lamp or the luminaire;

25.

‘ballast’ means lamp control gear inserted between the supply and one or more discharge lamps which, by means of inductance, capacitance or a combination of inductance and capacitance, serves mainly to limit the current of the lamp(s) to the required value;

26.

‘halogen lamp control gear’ means lamp control gear that transforms mains voltage to extra low voltage for halogen lamps;

27.

‘compact fluorescent lamp’ means a fluorescent lamp that includes all the components necessary for starting and stable operation of the lamp;

28.

‘luminaire’ means an apparatus which distributes, filters or transforms the light transmitted from one or more lamps and which includes all the parts necessary for supporting, fixing and protecting the lamps and, where necessary, circuit auxiliaries together with the means for connecting them to the electric supply;

29.

‘end-user’ means a natural person buying or expected to buy a product for purposes which are outside his trade, business, craft or profession;

30.

‘final owner’ means the person or entity owning a product during the use phase of its life cycle, or any person or entity acting on behalf of such a person or entity.

(1)

Regulation (EC) No 1831/2003 provides for the authorisation of additives for use in animal nutrition and for the grounds and procedures for granting such authorisation.

(2)

The use of a preparation of endo-1,4-beta-xylanase (EC 3.2.1.8) produced by Trichoderma koningii (MUCL 39203) was authorised without time limit for chickens for fattening by Commission Regulation (EC) No 828/2007 (2).

(3)

In accordance with Article 7 of Regulation (EC) No 1831/2003, an application was submitted for a new use of the preparation of endo-1,4-beta-xylanase (EC 3.2.1.8) produced by Trichoderma koningii (MUCL 39203) for turkeys for fattening and turkeys reared for breeding requesting that the additive be classified in the additive category ‘zootechnical additives’. That application was accompanied by the particulars and documents required under Article 7(3) of Regulation (EC) No 1831/2003.

(4)

The European Food Safety Authority (‘the Authority’) concluded in its opinion of 4 July 2012 (3) that, under the proposed conditions of use, the preparation of endo-1,4-beta-xylanase (EC 3.2.1.8) produced by Trichoderma koningii (MUCL 39203) does not have an adverse effect on animal health, human health or the environment, and that it has the potential to improve feed to gain ratio in turkeys for fattening. It also concluded that this conclusion can be extended to turkeys reared for breeding. The Authority does not consider that there is a need for specific requirements of post-market monitoring. It also verified the report on the method of analysis of the feed additive in feed submitted by the Reference Laboratory set up by Regulation (EC) No 1831/2003.

(5)

The assessment of the preparation of endo-1,4-beta-xylanase (EC 3.2.1.8) produced by Trichoderma koningii (MUCL 39203) shows that the conditions for authorisation, as provided for in Article 5 of Regulation (EC) No 1831/2003, are satisfied. Accordingly, the use of that preparation should be authorised as specified in the Annex to this Regulation.

(6)

The measures provided for in this Regulation are in accordance with the opinion of the Standing Committee on the Food Chain and Animal Health,

(1)

The use of a preparation of endo-1,4-beta-xylanase (EC 3.2.1.8) produced by Trichoderma reesei (ATCC PTA 5588), belonging to the additive category of ‘zootechnical additives’, was authorised for 10 years as a feed additive for use on chickens for fattening, laying hens, ducks and turkeys for fattening by Commission Regulation (EU) No 9/2010 (2), for weaned piglets and pigs for fattening by Commission Implementing Regulation (EU) No 528/2011 (3) and for minor poultry species other than ducks by Commission Implementing Regulation (EU) No 1021/2012 (4).

(2)

In accordance with Article 13(3) of Regulation (EC) No 1831/2003, the holder of the authorisation has proposed changing the terms of the authorisation of the preparation concerned by reducing its minimum content from 2 500 U/kg to 625 U/kg as regards the use on laying hens. The application was accompanied by the relevant supporting data. The Commission forwarded that application to the European Food Safety Authority (hereinafter ‘the Authority’).

(3)

The Authority concluded in its opinion of 22 May 2012 (5) that, under the new proposed conditions of use, the preparation concerned is efficacious at the requested minimum dose of 625 U/kg. The Authority does not consider that there is a need for specific requirements of post-market monitoring. It also verified the report on the method of analysis of the feed additive in feed submitted by the Reference Laboratory set up by Regulation (EC) No 1831/2003.

(4)

The conditions provided for in Article 5 of Regulation (EC) No 1831/2003 are satisfied.

(5)

Regulation (EU) No 9/2010 should therefore be amended accordingly.

(6)

The measures provided for in this Regulation are in accordance with the opinion of the Standing Committee on the Food Chain and Animal Health,

(1)

Part A of the Annex to Commission Implementing Regulation (EU) No 540/2011 of 25 May 2011 implementing Regulation (EC) No 1107/2009 of the European Parliament and of the Council as regards the list of approved active substances (2) sets out the active substances deemed to have been approved under Regulation (EC) No 1107/2009.

(2)

The approvals of the active substances acetamiprid, alpha-cypermethrin, Ampelomyces quisqualis Strain: AQ 10, benalaxyl, bifenazate, bromoxynil, chlorpropham, desmedipham, etoxazole, Gliocladium catenulatum Strain: J1446, imazosulfuron, laminarin, mepanipyrim, methoxyfenozide, milbemectin, phenmedipham, Pseudomonas chlororaphis Strain: MA 342, quinoxyfen, S-metolachlor, tepraloxydim, thiacloprid, thiram and ziram will expire between 31 July 2014 and 30 November 2015. Applications have been submitted for the renewal of these active substances. As the requirements laid down in Commission Implementing Regulation (EU) No 844/2012 of 18 September 2012 setting out the provisions necessary for the implementation of the renewal procedure for active substances as provided for in Regulation (EC) No 1107/2009 of the European Parliament and of the Council concerning the placing of plant protection products on the market (3) will apply to those active substances, it is necessary to allow sufficient time to complete the renewal procedure in accordance with that Regulation. Consequently, the approval of those active substances would be likely to expire before a decision has been taken on their renewal. It is therefore necessary to postpone the expiry of their approval periods.

(3)

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

(4)

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

(5)

In view of the aim of the first paragraph of Article 17 of Regulation (EC) No 1107/2009, as regards cases where the Commission will adopt a Regulation providing that the approval of an active substance referred to in the Annex to this Regulation is not renewed because the approval criteria are not satisfied, the Commission will set the expiry date at the same date as before this Regulation or at the date of the adoption of the Regulation providing that the approval of the active substance is not renewed, whichever date is later.

(6)

The measures provided for in this Regulation are in accordance with the opinion of the Standing Committee on the Food Chain and Animal Health,

(1)

Implementing Regulation (EU) No 543/2011 lays down, pursuant to the outcome of the Uruguay Round multilateral trade negotiations, the criteria whereby the Commission fixes the standard values for imports from third countries, in respect of the products and periods stipulated in Annex XVI, Part A thereto.

(2)

The standard import value is calculated each working day, in accordance with Article 136(1) of Implementing Regulation (EU) No 543/2011, taking into account variable daily data. Therefore this Regulation should enter into force on the day of its publication in the Official Journal of the European Union,

(1)

Article 162(1) of Regulation (EC) No 1234/2007 provides that the difference between prices on the world market for the products referred to in Part XIX of Annex I to that Regulation and prices in the Union for those products may be covered by an export refund.

(2)

In view of the current situation on the market in eggs, export refunds should be fixed in accordance with the rules and certain criteria provided for in Articles 162, 163, 164, 167 and 169 of Regulation (EC) No 1234/2007.

(3)

Article 164(1) of Regulation (EC) No 1234/2007 provides that refunds may vary according to destination, especially where the world market situation, the specific requirements of certain markets, or obligations resulting from agreements concluded in accordance with Article 300 of the Treaty make this necessary.

(4)

Refunds should be granted only on products which are authorised to move freely within the Union and comply with requirements under Regulation (EC) No 852/2004 of the European Parliament and of the Council of 29 April 2004 on the hygiene of foodstuffs (2) and of Regulation (EC) No 853/2004 of the European Parliament and of the Council of 29 April 2004 laying down specific hygiene rules for food of animal origin (3), as well as marking requirements under point A of Annex XIV to Regulation (EC) No 1234/2007.

(5)

The currently applicable refunds have been fixed by Commission Implementing Regulation (EU) No 858/2012 (4). Since new refunds should be fixed, that Regulation should therefore be repealed.

(6)

In order to prevent divergence with the current market situation, to prevent market speculation and to ensure efficient management this Regulation should enter into force on the day of its publication in the Official Journal of the European Union.

(7)

The Management Committee for the Common Organisation of Agricultural Markets has not delivered an opinion within the time limit set by its Chair,

(1)

Commission Regulation (EC) No 1484/95 (3) lays down detailed rules for implementing the system of additional import duties and fixes representative prices in the poultrymeat and egg sectors and for egg albumin.

(2)

Regular monitoring of the data used to determine representative prices for poultrymeat and egg products and for egg albumin shows that the representative import prices for certain products should be amended to take account of variations in price according to origin.

(3)

Regulation (EC) No 1484/95 should be amended accordingly.

(4)

Given the need to ensure that this measure applies as soon as possible after the updated data have been made available, this Regulation should enter into force on the day of its publication.

(5)

The measures provided for in this Regulation are in accordance with the opinion of the Management Committee for the Common Organisation of Agricultural Markets,

(1)

The representative prices and additional duties applicable to imports of white sugar, raw sugar and certain syrups for the 2012/13 marketing year are fixed by Commission Implementing Regulation (EU) No 892/2012 (3). Those prices and duties were last amended by Commission Implementing Regulation (EU) No 1103/2012 (4).

(2)

The data currently available to the Commission indicate that those amounts should be amended in accordance with Article 36 of Regulation (EC) No 951/2006.

(3)

Given the need to ensure that this measure applies as soon as possible after the updated data have been made available, this Regulation should enter into force on the day of its publication,

(1)

Article 162(1)(b) of Regulation (EC) No 1234/2007 provides that the difference between prices in international trade for the products referred to in Article 1(1)(s) and listed in Part XIX of Annex I to that Regulation and prices within the Union may be covered by an export refund where these goods are exported in the form of goods listed in Part V of Annex XX to that Regulation.

(2)

Commission Regulation (EU) No 578/2010 of 29 June 2010 on the implementation of Council Regulation (EC) No 1216/2009 as regards the system of granting export refunds on certain agricultural products exported in the form of goods not covered by Annex I to the Treaty, and the criteria for fixing the amount of such refunds (2), specifies the products for which a rate of refund is to be fixed, to be applied where these products are exported in the form of goods listed in Part V of Annex XX to Regulation (EC) No 1234/2007.

(3)

In accordance with Article 14(1) of Regulation (EU) No 578/2010, the rate of the refund per 100 kilograms for each of the basic products in question is to be fixed for a period of the same duration as that for which refunds are fixed for the same products exported unprocessed.

(4)

Article 162(2) of Regulation (EC) No 1234/2007 lays down that the export refund for a product contained in a good may not exceed the refund applicable to that product when exported without further processing.

(5)

The currently applicable refunds have been fixed by Commission Implementing Regulation (EU) No 861/2012 (3). Since new refunds should be fixed, that Regulation should therefore be repealed.

(6)

In order to prevent divergence with the current market situation, to prevent market speculation and to ensure efficient management, this Regulation should enter into force on the day of its publication in the Official Journal of the European Union.

(7)

The Management Committee for the Common Organisation of Agricultural Markets has not delivered an opinion within the time limit set by its Chair,

(1)

On 7 July 2009, by Decision 2009/587/EC (1), following a recommendation from the Commission in accordance with Article 104(6) of the Treaty establishing the European Community (TEC), the Council decided that an excessive deficit existed in Malta. The Council noted that the general government deficit in Malta had reached 4,7 % of GDP in 2008, thus largely exceeding the 3 % of GDP reference value, while general government gross debt had been above the 60 % of GDP reference value since 2003 and stood at 64,1 % of GDP in 2008 (2).

(2)

Also on 7 July 2009, on the basis of a recommendation by the Commission, the Council addressed a recommendation to Malta in accordance with Article 104(7) TEC and Article 3(4) of Council Regulation (EC) No 1467/97 of 7 July 1997 on speeding up and clarifying the implementation of the excessive deficit procedure (3), with a view to bringing an end to this situation by 2010 at the latest. The recommendation was made public.

(3)

On 16 February 2010, on the basis of a Commission recommendation, the Council concluded that effective action had been taken in compliance with its recommendation under Article 104(7) TEC but that unexpected adverse economic events with major unfavourable consequences for government finances had occurred in Malta after the adoption of its recommendation. The Council therefore adopted a revised recommendation in accordance with Article 126(7) of the Treaty on the Functioning of the European Union (TFEU) to Malta, extending the deadline for the correction of the excessive deficit by one year, i.e. to 2011. The recommendation was made public.

(4)

Pursuant to 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.

(5)

Pursuant to Article 4 of the Protocol on the excessive deficit procedure annexed to the TFEU, the Commission provides the data for the implementation of the 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 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 (4).

(6)

When considering whether a decision on the existence of an excessive deficit should be abrogated, the Council should take a decision 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 threshold over the forecast horizon.

(7)

Based on data provided by the Commission (Eurostat) in accordance with Article 14 of Regulation (EC) No 479/2009 following the notification by Malta before 1 April 2012 and on the Commission services’ 2012 autumn forecast, the following conclusions are warranted:

(8)

The Council recalls that, starting in 2012, which is the year following the correction of the excessive deficit, and for a period of three years, Malta should make sufficient progress towards compliance with the requirement under the debt criterion, in accordance with Article 2(1a) of Regulation (EC) No 1467/97.

(9)

In the view of the Council, the excessive deficit in Malta has been corrected by the 2011 deadline and Decision 2009/587/EC should therefore be abrogated,

(1)

On 22 December 2009 and on 18 January 2010, the Council adopted Decisions 2009/1014/EU (1) and 2010/29/EU (2) appointing the members and alternate members of the Committee of the Regions for the period from 26 January 2010 to 25 January 2015.

(2)

A member’s seat on the Committee of the Regions has become vacant following the end of the term of office of Mr C.H.J. (Cor) LAMERS.

(3)

An alternate member’s seat has become vacant following the end of the term of office of Mr F. (Frank) de VRIES,

(a)

as member:

and

(b)

as alternate member:

(1)

Pursuant to Article 18(5) of Regulation (EU) No 996/2010 the European Commission has developed the European Safety Recommendation database, which became operational in February 2012.

(2)

Pursuant to Article 18(5) of Regulation (EU) No 996/2010, the database mentioned in paragraph 1 includes all safety recommendations issued by Safety Investigation Authorities in accordance with Article 17(1) and (2) as well as the responses. It also includes safety recommendations Safety Investigation Authorities received from third countries.

(3)

Pursuant to Article 7(3)(g) of Regulation (EU) No 996/2010, Safety Investigation Authorities have full access to the database mentioned in paragraph 1.

(4)

Pursuant to Article 7(3)(a) of Regulation (EU) No 996/2010, the Commission asked for the opinion of the European Network of Civil Aviation Safety Investigation Authorities.

(5)

Safety recommendations are implicitly public as they often conclude safety investigation reports, which have a public status according to Regulation (EU) No 996/2010. In addition, safety recommendations can also be released through letters, interim statements/reports or safety studies. In all these cases, having them publicly available represents strong incentives for their addressees to reply and to improve the safety of the aviation system.

(6)

The status of responses to safety recommendations is not defined in Regulation (EU) No 996/2010,