ISSN 1977-0677
doi:10.3000/19770677.L_2012.176.eng
Official Journal
of the European Union
L 176
English edition
Legislation
Volume 55
6 July 2012
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ISSN 1977-0677 doi:10.3000/19770677.L_2012.176.eng |
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Official Journal of the European Union |
L 176 |
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English edition |
Legislation |
Volume 55 |
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(1) Text with EEA relevance |
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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. |
II Non-legislative acts
REGULATIONS
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6.7.2012 |
EN |
Official Journal of the European Union |
L 176/1 |
COMMISSION REGULATION (EU) No 592/2012
of 4 July 2012
amending Annexes II and III to Regulation (EC) No 396/2005 of the European Parliament and of the Council as regards maximum residue levels for bifenazate, captan, cyprodinil, fluopicolide, hexythiazox, isoprothiolane, metaldehyde, oxadixyl and phosmet in or on certain products
(Text with EEA relevance)
THE EUROPEAN COMMISSION,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to Regulation (EC) No 396/2005 of the European Parliament and of the Council of 23 February 2005 on maximum residue levels of pesticides in or on food and feed of plant and animal origin and amending Council Directive 91/414/EEC (1), and in particular Article 14(1)(a) thereof,
Whereas:
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(1) |
For bifenazate and captan maximum residue levels (MRLs) were set in Annex II and Part B of Annex III to Regulation (EC) No 396/2005. For cyprodinil, fluopicolide, hexythiazox, metaldehyde, oxadixyl and phosmet MRLs were set in Part A of Annex III to Regulation (EC) No 396/2005. For isoprothiolane no MRLs were set before in any of the Annexes to Regulation (EC) No 396/2005. |
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(2) |
In the context of a procedure for the authorisation of the use of a plant protection product containing the active substance bifenazate on currants (red, black and white), raspberries and blackberries an application was made under Article 6(1) of Regulation (EC) No 396/2005 for modification of the existing MRLs. |
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(3) |
As regards captan, such an application was made on blackberries, raspberries, blueberries, currants (red, black and white) and gooseberries. As regards cyprodinil, such an application was made in fresh herbs, spinach and beet leaves, lettuce, lamb's lettuce, cress, scarole, rocket/rucola and leaves and sprouts of Brassica spp. As regards fluopicolide, such an application was made for in radishes, onions, potatoes and kale. As regards hexythiazox, such an application was made for tea. As regards metaldehyde such an application was made for strawberries, potatoes, kohlrabi, lettuce and other salad plants, the whole group of spinach and similar, the whole group of herbs and rape seed. As regards phosmet, such an application was made for potatoes, apricots, peaches, table olives, olives for oil production and rape seed. |
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(4) |
In accordance with Article 6(2) and (4) of Regulation (EC) No 396/2005 an application was made for isoprothiolane on rice. The authorised use of isoprothiolane on rice in Japan leads to a higher residue than the MRL in Regulation (EC) No 396/2005. To avoid trade barriers for the importation of this crop, a higher MRL are necessary. |
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(5) |
In accordance with Article 8 of Regulation (EC) No 396/2005, these applications were evaluated by the Member States concerned and the evaluation reports were forwarded to the Commission. |
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(6) |
The Commission received information from Belgium about residues of oxadixyl on parsley, celery and leeks which exceed the current MRLs. According to the Belgium authorities, the unexpected presence of oxadixyl in these crops is due to the persistence of the active substance in soil. Belgium submitted an application in accordance with Article 6(3) of Regulation (EC) No 396/2005 for modifications to those MRLs. |
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(7) |
The European Food Safety Authority, hereinafter "the Authority", assessed the applications and the evaluation reports, examining in particular the risks to the consumer and where relevant to animals and gave reasoned opinions on the proposed MRLs (2). It forwarded these opinions to the Commission and the Member States and made them available to the public. |
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(8) |
The Authority concluded in its reasoned opinions that, as regards use of fluopicolide in onion, the submitted data are not sufficient to derive a new MRL. As regards use of metaldehyde in strawberries and kohlrabi, the submitted data are not sufficient to derive a new MRL. As regards phosmet in apricots, the submitted data is not sufficient to derive a new MRL. |
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(9) |
As regards use of bifenazate on raspberries and blackberries, no modification of the MRLs is necessary, since the MRLs set out in Annex II to Regulation (EC) No 396/2005 are identical with those requested. |
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(10) |
As regards all other applications, the Authority concluded that all requirements with respect to data were met and that the modifications to the MRLs requested by the applicants were acceptable with regard to consumer safety on the basis of a consumer exposure assessment for 27 specific European consumer groups. It took into account the most recent information on the toxicological properties of the substances. Neither the lifetime exposure to these substances via consumption of all food products that may contain these substances, nor the short term exposure due to extreme consumption of the relevant crops and products showed that there is a risk that the acceptable daily intake (ADI) or the acute reference dose (ARfD) is exceeded. |
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(11) |
Based on the reasoned opinions of the Authority and taking into account the factors relevant to the matter under consideration, the appropriate modifications to the MRLs fulfil the requirements of Article 14(2) of Regulation (EC) No 396/2005. |
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(12) |
Regulation (EC) No 396/2005 should therefore be amended accordingly. |
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(13) |
The measures provided for in this Regulation are in accordance with the opinion of the Standing Committee on the Food Chain and Animal Health and neither the European Parliament nor the Council has opposed them, |
HAS ADOPTED THIS REGULATION:
Article 1
Annexes II and III to Regulation (EC) No 396/2005 are amended in accordance with 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, 4 July 2012.
For the Commission
The President
José Manuel BARROSO
(2) EFSA scientific reports available online: http://www.efsa.europa.eu:.
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European Food Safety Authority; Modification of the existing MRLs for bifenazate in currants (red, black and white), blackberries and raspberries. EFSA Journal 2012;10(2):2577. [24 pp.] doi:10.2903/j.efsa.2012.2577. |
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European Food Safety Authority; Modification of the existing MRLs for captan in certain berries. EFSA Journal 2011;9(11):2452. [31 pp.] doi:10.2903/j.efsa.2011.2452. |
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European Food Safety Authority; Modification of the existing MRLs for cyprodinil in various leafy crops. EFSA Journal 2012;10(1):2509. [25 pp.] doi:10.2903/j.efsa.2012.2509. |
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European Food Safety Authority; Modification of the existing MRLs for fluopicolide in radishes, onions, kale and potatoes. EFSA Journal 2012; 10(2):2581. [39 pp.] doi:10.2903/j.efsa.2012.2581. |
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European Food Safety Authority; Modification of the existing MRL for hexythiazox in tea. EFSA Journal 2012;10(1):2514. [24 pp.] doi:10.2903/j.efsa.2012.2514. |
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European Food Safety Authority; Reasoned opinion on the setting of a new MRL for isoprothiolane in rice. EFSA Journal 2012;10(3):2607. [29 pp.] doi:10.2903/j.efsa.2012.2607. |
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European Food Safety Authority; Modification of the existing MRLs for metaldehyde in various crops. EFSA Journal 2012;10(1):2515. [33 pp.] doi:10.2903/j.efsa.2012.2515. |
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European Food Safety Authority; Modification of the existing MRLs for oxadixyl in parsley, celery and leek. EFSA Journal 2012; 10(2):2565. [27 pp.] doi:10.2903/j.efsa.2012.2565. |
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European Food Safety Authority; Modification of the existing MRLs for phosmet in various crops. EFSA Journal 2012;10(2):2582. [27 pp.] doi:10.2903/j.efsa.2012.2582. |
ANNEX
Annexes II and III to Regulation (EC) No 396/2005 are amended as follows:
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(1) |
In Annex II, the columns for bifenazate and captan are replaced by the following: ‘Pesticide residues and maximum residue levels (mg/kg)
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(2) |
Part A of Annex III is ammended as follows:
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(1) For the complete list of products of plant and animal origin to which MRLs apply, reference should be made to Annex I.
(2) Indicates lower limit of analytical determination
(3) Pesticide-code combination for which the MRL as set in Annex III Part B applies.
Captan (R)
Captan: The enforcement residue definition for the following codes is "the sum of captan and folpet": 0130000; 0152000; 0153010; 0153030; 0154030; 0154040; 0231010; 0260010; 0260020;’
(4) For the complete list of products of plant and animal origin to which MRLs apply, reference should be made to Annex I.
(5) Indicates lower limit of analytical determination
(F)= Fat soluble
Cyprodinil (F) (R)
(R)= The residue definition differs for the following combinations pesticide-code number:
Cyprodinil code 1000000: Sum cyprodinil and metabolite CGA 304075
Oxadixyl
Oxadixyl: Confirmatory data on plant metabolism and soil degradation for all the MRLs higher than the LOD to be submitted to the Authority and the Commission by 31 December 2014 at the latest. Reassessment of data may lead to modification of MRLs.
Phosmet (phosmet and phosmet oxon expressed as phosmet) (R)
(R)= The residue definition differs for the following combinations pesticide-code number:
Phosmet - code 1000000: Phosmet’
(6) For the complete list of products of plant and animal origin to which MRLs apply, reference should be made to Annex I.
(7) Indicates lower limit of analytical determination
Isoprothiolane
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(+) |
Studies investigating the nature of isoprothiolane under baking / boiling conditions to be submitted to the evaluating Member State, the Authority and the European Commission by 31 December 2013 at the latest. Reassessment of data may lead to modification of the MRL.
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6.7.2012 |
EN |
Official Journal of the European Union |
L 176/38 |
COMMISSION REGULATION (EU) No 593/2012
of 5 July 2012
amending Regulation (EC) No 2042/2003 on the continuing airworthiness of aircraft and aeronautical products, parts and appliances, and on the approval of organisations and personnel involved in these tasks
(Text with EEA relevance)
THE EUROPEAN COMMISSION,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to Regulation (EC) No 216/2008 of the European Parliament and of the Council of 20 February 2008 on common rules in the field of civil aviation and establishing a European Aviation Safety Agency, and repealing Council Directive 91/670/EEC, Regulation (EC) No 1592/2002 and Directive 2004/36/EC (1), and in particular Article 5(5) thereof,
Whereas:
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(1) |
While maintaining a high uniform level of aviation safety in Europe, Commission Regulation (EC) No 1702/2003 of 24 September 2003 laying down implementing rules for the airworthiness and environmental certification of aircraft and related products, parts and appliances as well as for the certification of design and product organisations (2) was amended to subject non-complex motor-powered aircraft, recreational aircraft and related products, parts and appliances to measures that are proportionate to their simple design and type of operation. |
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(2) |
Commission Regulation (EC) No 2042/2003 of 20 November 2003 on the continuing airworthiness of aircraft and of aeronautical products, parts and appliances, and on the approval of organisations and personnel involved in these tasks (3) should be amended to remain consistent with the changes introduced to Regulation (EC) No 1702/2003, in particular with regard to the new definition of ELA1 aircraft and the possibility to accept certain not safety critical parts for installation without an EASA Form 1. |
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(3) |
The European Aviation Safety Agency (hereinafter ‘the Agency’) prepared draft implementing rules and submitted them as its opinion No 01/2011 on ‘ELA process and standard changes and repairs’ to the Commission in accordance with Article 19(1) of Regulation (EC) No 216/2008. |
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(4) |
The measures provided for in this Regulation are in accordance with the opinion of the Committee established by Article 65 of Regulation (EC) No 216/2008, |
HAS ADOPTED THIS REGULATION:
Article 1
Regulation (EC) No 2042/2003 is amended as follows:
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(1) |
in Article 2, point (k) is replaced by the following:
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(2) |
Annex I (Part-M) and Annex II (Part-145) are amended in accordance with the Annex to this Regulation. |
Article 2
This Regulation shall enter into force 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, 5 July 2012.
For the Commission
The President
José Manuel BARROSO
(2) OJ L 243, 27.9.2003, p. 6.
(3) OJ L 315, 28.11.2003, p. 1.
ANNEX
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1) |
Annex I (Part-M) to Regulation (EC) No 2042/2003 is amended as follows:
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2) |
Annex II (Part-145) to Regulation (EC) No 2402/2003 is amended as follows:
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6.7.2012 |
EN |
Official Journal of the European Union |
L 176/43 |
COMMISSION REGULATION (EU) No 594/2012
of 5 July 2012
amending Regulation (EC) 1881/2006 as regards the maximum levels of the contaminants ochratoxin A, non dioxin-like PCBs and melamine in foodstuffs
(Text with EEA relevance)
THE EUROPEAN COMMISSION,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to Council Regulation (EEC) No 315/93 of 8 February 1993 laying down Community procedures for contaminants in food (1), and in particular Article 2(3) thereof,
Whereas:
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(1) |
Commission Regulation (EC) No 1881/2006 (2) sets maximum levels for certain contaminants in foodstuffs. |
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(2) |
Commission Regulation (EU) No 1259/2011 (3), amending Regulation (EC) No 1881/2006, established new maximum levels for non dioxin-like PCBs applicable as from 1 January 2012. It is appropriate to provide that those maximum levels are not applicable to foodstuffs which were lawfully placed on the market before that date. |
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(3) |
Commission Regulation (EU) No 105/2010 (4), amending Regulation (EC) No 1881/2006, established a final lower maximum level for Ochratoxin A in spices, which is supposed to be achievable by applying good practices. To enable the spices producing countries to put prevention measures in place and in order to avoid disruptions of trade to an unacceptable extent, that Regulation furthermore provided for a higher maximum level to be applied for a limited period of time. The Regulation furthermore provided that an assessment should be performed of the achievability of the lower levels for ochratoxin A by applying good practices in the different producing regions in the world. This assessment had to be done before the lower maximum level of Ochratoxin A would become applicable. Although a significant improvement in the application of good practices in the different producing regions in the world has been noticed, the projected lower maximum level for Ochratoxin A is not yet achieavable in Capsicum species on a consistent basis. It is therefore appropriate to postpone the application of the lower maximum level for Capsicum spp. |
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(4) |
Wheat gluten is produced as a co-product of the starch production. Evidence has been provided that the current maximum level of Ochratoxin A in wheat gluten is no longer achievable, in particular at the end of the storage season, even with the strict application of good practices as regards storage, possibly due to the changing climate conditions. It is therefore appropriate to modify the current maximum level to a level which is achievable by applying good practices and which still provides a high level of human health protection. |
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(5) |
The Scientific Panel on Contaminants in the Food Chain of the European Food Safety Authority (EFSA) has, on a request from the Commission, adopted on 4 April 2006 an updated scientific opinion relating to ochratoxin A in food (5), taking into account new scientific information and derived a tolerable weekly intake (TWI) of 120 ng/kg b.w. In accordance with the conclusions of the opinion adopted by EFSA, the envisaged changes as regards Ochratoxin A in this Regulation continue to provide a high level of human health protection. |
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(6) |
The EFSA has, on a request from the Commission, on 18 March 2010, adopted a scientific opinion related to the melamine in feed and food (6). Its findings show that exposure to melamine can result in the formation of crystals in the urinary tract. Those crystals cause proximal tubular damage and have been observed in animals and children as a result of incidents involving adulteration of feed and infant formula with melamine, leading to fatalities in some instances. The Codex Alimentarius Commission has established maximum levels for melamine in feed and food (7). It is appropriate to include those maximum levels in Regulation (EC) No 1881/2006 to protect public health as those levels are in accordance with the conclusions of the EFSA's opinion. |
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(7) |
Therefore, Regulation (EC) No 1881/2006 should be amended accordingly. |
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(8) |
The measures provided for in this Regulation are in accordance with the opinion of the Standing Committee on the Food Chain and Animal Health and neither the European Parliament nor the Council have opposed them, |
HAS ADOPTED THIS REGULATION:
Article 1
Amending provisions
Regulation (EC) No 1881/2006 is amended as follows:
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(1) |
In Article 11, the first paragraph is amended as follows:
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(2) |
The Annex is amended in accordance with the Annex to this Regulation. |
Article 2
Entry into force
This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.
It shall apply from the date of entry into force with the exception of the provisions laid down in point 2.2.11 of the Annex which shall apply from 1 July 2012.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 5 July 2012.
For the Commission
The President
José Manuel BARROSO
(2) OJ L 364, 20.12.2006, p. 5.
(3) OJ L 320, 3.12.2011, p. 18.
(5) EFSA Panel on Contaminants in the Food Chain (CONTAM); Scientific Opinion on Ochratoxin A in Food EFSA Journal 2006; 365:1-56. Available online: http://www.efsa.europa.eu/en/efsajournal/doc/365.pdf
(6) EFSA Panel on Contaminants in the Food Chain (CONTAM) and EFSA Panel on Food Contact Materials, Enzymes, Flavourings and Processing Aids (CEF); Scientific Opinion on Melamine in Food and Feed. EFSA Journal 2010; 8(4):1573. [145 pp.]. doi:10.2903/j.efsa.2010.1573. Available online: www.efsa.europa.eu
(7) Report on the Thirty-Third Session of the Joint FAO/WHO Food Standards Programme, Codex Alimentarius Commission, Geneva, Switzerland, 5-9 July 2010 (ALINORM 10/33/REP).
ANNEX
The Annex to Regulation (EC) No 1881/2006 is amended as follows:
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(1) |
Section 2.2 Ochratoxin A is amended as follows:
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(2) |
The following section 7: Melamine and its structural analogues is added: "Section 7: Melamine and its structural analogues
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(1) The maximum level does not apply to food for which it can be proven that the level of melamine higher than 2,5 mg/kg is the consequence of authorized use of cyromazine as insecticide. The melamine level shall not exceed the level of cyromazine."
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6.7.2012 |
EN |
Official Journal of the European Union |
L 176/46 |
COMMISSION IMPLEMENTING REGULATION (EU) No 595/2012
of 5 July 2012
approving the active substance fenpyrazamine, in accordance with Regulation (EC) No 1107/2009 of the European Parliament and of the Council concerning the placing of plant protection products on the market, and amending the Annex to Commission Implementing Regulation (EU) No 540/2011
(Text with EEA relevance)
THE EUROPEAN COMMISSION,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to Regulation (EC) No 1107/2009 of the European Parliament and of the Council of 21 October 2009 concerning the placing of plant protection products on the market and repealing Council Directives 79/117/EEC and 91/414/EEC (1), and in particular Article 13(2) and Article 78(2) thereof,
Whereas:
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(1) |
In accordance with Article 80(1)(a) of Regulation (EC) No 1107/2009, Council Directive 91/414/EEC (2) is to apply, with respect to the procedure and the conditions for approval, to active substances for which a decision has been adopted in accordance with Article 6(3) of that Directive before 14 June 2011. For fenpyrazamine the conditions of Article 80(1)(a) of Regulation (EC) No 1107/2009 are fulfilled by Commission Decision 2010/150/EU (3). |
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(2) |
In accordance with Article 6(2) of Directive 91/414/EEC Austria received on 3 September 2009 an application from Sumitomo Chemical Agro Europe SAS for the inclusion of the active substance fenpyrazamine in Annex I to Directive 91/414/EEC. Decision 2010/150/EU confirmed that the dossier was ‘complete’ in the sense that it could be considered as satisfying, in principle, the data and information requirements of Annexes II and III to Directive 91/414/EEC. |
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(3) |
For that active substance, the effects on human and animal health and the environment have been assessed, in accordance with the provisions of Article 6(2) and (4) of Directive 91/414/EEC, for the uses proposed by the applicant. The designated rapporteur Member State submitted a draft assessment report on 17 January 2011. |
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(4) |
The draft assessment report was peer reviewed by the Member States and the European Food Safety Authority (hereinafter ‘the Authority’). The Authority presented to the Commission its conclusion on the peer review of the pesticide risk assessment of the active substance fenpyrazamine (4) on 6 December 2011. This draft assessment report was reviewed by the Member States and the Commission within the Standing Committee on the Food Chain and Animal Health and was finalised on 1 June 2012 in the format of the Commission review report for fenpyrazamine. |
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(5) |
It has appeared from the various examinations made that plant protection products containing fenpyrazamine may be expected to satisfy, in general, the requirements laid down in Article 5(1)(a) and (b) and Article 5(3) of Directive 91/414/EEC, in particular with regard to the uses which were examined and detailed in the Commission review report. It is therefore appropriate to approve fenpyrazamine. |
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(6) |
Without prejudice to the obligations provided for in Regulation (EC) No 1107/2009 as a consequence of approval, taking into account the specific situation created by the transition from Directive 91/414/EEC to Regulation (EC) No 1107/2009, the following should, however, apply. Member States should be allowed a period of six months after approval to review authorisations of plant protection products containing fenpyrazamine. Member States should, as appropriate, vary, replace or withdraw authorisations. By way of derogation from that deadline, a longer period should be provided for the submission and assessment of the update of the complete Annex III dossier, as set out in Directive 91/414/EEC, of each plant protection product for each intended use in accordance with the uniform principles. |
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(7) |
The experience gained from inclusions in Annex I to Directive 91/414/EEC of active substances assessed in the framework of Commission Regulation (EEC) No 3600/92 of 11 December 1992 laying down the detailed rules for the implementation of the first stage of the programme of work referred to in Article 8(2) of Council Directive 91/414/EEC concerning the placing of plant protection products on the market (5) has shown that difficulties can arise in interpreting the duties of holders of existing authorisations in relation to access to data. In order to avoid further difficulties it therefore appears necessary to clarify the duties of the Member States, especially the duty to verify that the holder of an authorisation demonstrates access to a dossier satisfying the requirements of Annex II to that Directive. However, this clarification does not impose any new obligations on Member States or holders of authorisations compared to the directives which have been adopted until now amending Annex I to that Directive or the Regulations approving active substances. |
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(8) |
In accordance with Article 13(4) of Regulation (EC) No 1107/2009, 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 (6) should be amended accordingly. |
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(9) |
The measures provided for in this Regulation are in accordance with the opinion of the Standing Committee on the Food Chain and Animal Health, |
HAS ADOPTED THIS REGULATION:
Article 1
Approval of active substance
The active substance fenpyrazamine, as specified in Annex I, is approved subject to the conditions laid down in that Annex.
Article 2
Re-evaluation of plant protection products
1. Member States shall in accordance with Regulation (EC) No 1107/2009, where necessary, amend or withdraw existing authorisations for plant protection products containing fenpyrazamine as an active substance by 30 June 2013.
By that date they shall in particular verify that the conditions in Annex I to this Regulation are met, with the exception of those identified in the column on specific provisions of that Annex, and that the holder of the authorisation has, or has access to, a dossier satisfying the requirements of Annex II to Directive 91/414/EEC in accordance with the conditions of Article 13(1) to (4) of that Directive and Article 62 of Regulation (EC) No 1107/2009.
2. By way of derogation from paragraph 1, for each authorised plant protection product containing fenpyrazamine as either the only active substance or as one of several active substances, all of which were listed in the Annex to Implementing Regulation (EU) No 540/2011 by 31 December 2012 at the latest, Member States shall re-evaluate the product in accordance with the uniform principles, as referred to in Article 29(6) of Regulation (EC) No 1107/2009, on the basis of a dossier satisfying the requirements of Annex III to Directive 91/414/EEC and taking into account the column on specific provisions of Annex I to this Regulation. On the basis of that evaluation, they shall determine whether the product satisfies the conditions set out in Article 29(1) of Regulation (EC) No 1107/2009.
Following that determination Member States shall:
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(a) |
in the case of a product containing fenpyrazamine as the only active substance, where necessary, amend or withdraw the authorisation by 30 June 2014 at the latest; or |
|
(b) |
in the case of a product containing fenpyrazamine as one of several active substances, where necessary, amend or withdraw the authorisation by 30 June 2014 or by the date fixed for such an amendment or withdrawal in the respective act or acts which added the relevant substance or substances to Annex I to Directive 91/414/EEC or approved that substance or substances, whichever is the latest. |
Article 3
Amendments to Implementing Regulation (EU) No 540/2011
The Annex to Implementing Regulation (EU) No 540/2011 is amended in accordance with Annex II to this Regulation.
Article 4
Entry into force and date of application
This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.
It shall apply from 1 January 2013.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 5 July 2012.
For the Commission
The President
José Manuel BARROSO
(1) OJ L 309, 24.11.2009, p. 1.
(2) OJ L 230, 19.8.1991, p. 1.
(3) OJ L 61, 11.3.2010, p. 35.
(4) EFSA Journal (2012) 10(1):2496. Available online: www.efsa.europa.eu
(5) OJ L 366, 15.12.1992, p. 10.
(6) OJ L 153, 11.6.2011, p. 1.
ANNEX I
|
Common name, identification numbers |
IUPAC name |
Purity (1) |
Date of approval |
Expiration of approval |
Specific provisions |
|
Fenpyrazamine CAS No 473798-59-3 CIPAC No 832 |
S-allyl 5-amino-2,3-dihydro-2-isopropyl-3-oxo-4-(o-tolyl)pyrazole-1-carbothioate |
≥ 940 g/kg |
1 January 2013 |
31 December 2022 |
For the implementation of the uniform principles as referred to in Article 29(6) of Regulation (EC) No 1107/2009, the conclusions of the review report on fenpyrazamine, and in particular Appendices I and II thereof, as finalised in the Standing Committee on the Food Chain and Animal Health on 1 June 2012 shall be taken into account. The purity given in this entry is based on a pilot plant production. The examining Member State shall inform the Commission in accordance with Article 38 of Regulation (EC) No 1107/2009 on the specification of the technical material as commercially manufactured. |
(1) Further details on identity and specification of active substance are provided in the review report.
ANNEX II
In Part B of the Annex to Implementing Regulation (EU) 540/2011, the following entry is added:
|
Number |
Common name, identification numbers |
IUPAC name |
Purity (1) |
Date of approval |
Expiration of approval |
Specific provisions |
|
‘25 |
Fenpyrazamine CAS No 473798-59-3 CIPAC No 832 |
S-allyl 5-amino-2,3-dihydro-2-isopropyl-3-oxo-4-(o-tolyl)pyrazole-1-carbothioate |
≥ 940 g/kg |
1 January 2013 |
31 December 2022 |
For the implementation of the uniform principles as referred to in Article 29(6) of Regulation (EC) No 1107/2009, the conclusions of the review report on fenpyrazamine, and in particular Appendices I and II thereof, as finalised in the Standing Committee on the Food Chain and Animal Health on 1 June 2012 shall be taken into account. The purity given in this entry is based on a pilot plant production. The examining Member State shall inform the Commission in accordance with Article 38 of Regulation (EC) No 1107/2009 on the specification of the technical material as commercially manufactured.’ |
(1) Further details on identity and specification of active substance are provided in the review report.
|
6.7.2012 |
EN |
Official Journal of the European Union |
L 176/50 |
COMMISSION REGULATION (EU) No 596/2012
of 5 July 2012
initiating an investigation concerning the possible circumvention of anti-dumping measures imposed by Council Implementing Regulation (EU) No 467/2010 on imports of silicon originating in the People's Republic of China by imports of silicon consigned from Taiwan whether declared as originating in Taiwan or not, and making such imports subject to registration
THE EUROPEAN COMMISSION,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to Council Regulation (EC) No 1225/2009 of 30 November 2009 on protection against dumped imports from countries not members of the European Community (1) (‘the basic Regulation’) and in particular Articles 13(3) and 14(5) thereof,
After having consulted the Advisory Committee in accordance with Articles 13(3) and 14(5) of the basic Regulation,
Whereas:
A. REQUEST
|
(1) |
The European Commission (‧the Commission‧) has received a request pursuant to Articles 13(3) and 14(5) of the basic Regulation to investigate the possible circumvention of the anti-dumping measures imposed on imports of silicon originating in the People's Republic of China and to make imports of silicon consigned from Taiwan, whether declared as originating in Taiwan or not, subject to registration. |
|
(2) |
The request was lodged on 15 May 2012 by Euroalliages (Liaison Committee of the Ferro-Alloy Industry) (‧the applicant‧) on behalf of producers representing a major proportion, namely 100 %, of the Union production of silicon. |
B. PRODUCT
|
(3) |
The product concerned by the possible circumvention is silicon metal originating in the PRC, currently falling within CN code 2804 69 00 (silicon content less than 99,99 % by weight) (‘the product concerned’). Purely by reason of the current classification set out in the Combined Nomenclature, it should read ‘silicon’. Silicon with a higher purity, that is containing by weight not less than 99,99 % of silicon, used mostly in the electronic semi-conductor industry, falls under a different CN code and is not covered by this proceeding. |
|
(4) |
The product under investigation is the same as that defined in the previous recital, but consigned from Taiwan, whether declared as originating in Taiwan or not, currently falling within the same CN code as the product concerned (‘the product under investigation’). |
C. EXISTING MEASURES
|
(5) |
The measures currently in force and possibly being circumvented are anti-dumping measures imposed by Council Implementing Regulation (EU) No 467/2010 (2) imposing a definitive anti-dumping duty on imports of silicon originating in the People’s Republic of China, as extended to imports of silicon consigned from the Republic of Korea, whether declared as originating in the Republic of Korea or not, following an expiry review pursuant to Article 11(2) and a partial interim review pursuant to Article 11(3) of Regulation (EC) No 1225/2009. |
|
(6) |
An anti-circumvention investigation concerning imports of silicon was also carried out in 2006-2007 which led to Council Regulation (EC) No 42/2007 (3) extending the definitive anti-dumping duty imposed by Regulation (EC) No 398/2004 on imports of silicon originating in the People’s Republic of China to imports of silicon consigned from the Republic of Korea whether declared as originating in the Republic of Korea or not. |
D. GROUNDS
|
(7) |
The request contains sufficient prima facie evidence that the anti-dumping measures on imports of silicon originating in the People's Republic of China are being circumvented by means of transhipment via Taiwan. |
|
(8) |
The prima facie evidence at the Commission's disposal is as follows: |
|
(9) |
There is a significant change in the pattern of trade involving exports from the People's Republic of China and Taiwan to the Union which has taken place following the imposition of measures on the product concerned, without sufficient due cause or justification for such a change other than the imposition of the duty. |
|
(10) |
This change appears to stem from the transhipment of silicon originating in the People's Republic of China via Taiwan to the Union. |
|
(11) |
Furthermore, the evidence points to the fact that the remedial effects of the existing anti-dumping measures on the product concerned are being undermined both in terms of quantity and price. Significant volumes of imports of the product under investigation appear to have replaced imports of the product concerned. In addition, there is sufficient evidence that imports of the product under investigation are made at prices well below the non-injurious price established in the investigation that led to the existing measures, adjusted for the increase in the costs of the raw material. |
|
(12) |
Finally, the Commission has sufficient prima facie evidence that the prices of the product under investigation are dumped in relation to the normal value previously established for the product concerned, adjusted for the increase in the costs of the raw material. |
|
(13) |
Should circumvention practices via Taiwan covered by Article 13 of the basic Regulation, other than transhipment, be identified in the course of the investigation, the investigation may also cover these practices. |
E. PROCEDURE
|
(14) |
In light of the above, the Commission has concluded that sufficient evidence exists to justify the initiation of an investigation pursuant to Article 13 of the basic Regulation and to make imports of the product under investigation, whether declared as originating in Taiwan or not, subject to registration, in accordance with Article 14(5) of the basic Regulation. |
(a) Questionnaires
|
(15) |
In order to obtain the information it deems necessary for its investigation, the Commission will send questionnaires to the known exporters/producers and to the known associations of exporters/producers in Taiwan, to the known exporters/producers and to the known associations of exporters/producers in the People's Republic of China, to the known importers and to the known associations of importers in the Union and to the authorities of the People's Republic of China and Taiwan. Information, as appropriate, may also be sought from the Union industry. |
|
(16) |
In any event, all interested parties should contact the Commission forthwith, but not later than the time-limit set in Article 3 of this Regulation, and request a questionnaire within the time-limit set in Article 3(1) of this Regulation, given that the time-limit set in Article 3(2) of this Regulation applies to all interested parties. |
|
(17) |
The authorities of the People's Republic of China and Taiwan will be notified of the initiation of the investigation. |
(b) Collection of information and holding of hearings
|
(18) |
All interested parties are hereby invited to make their views known in writing and to provide supporting evidence. Furthermore, the Commission may hear interested parties, provided that they make a request in writing and show that there are particular reasons why they should be heard. |
(c) Exemption of registration of imports or measures
|
(19) |
In accordance with Article 13(4) of the basic Regulation, imports of the product under investigation may be exempted from registration or measures if the importation does not constitute circumvention. |
|
(20) |
Since the possible circumvention takes place outside the Union, exemptions may be granted, in accordance with Article 13(4) of the basic Regulation, to producers of silicon in Taiwan that can show that they are not related (4) to any producer subject to the measures (5) and that are found not to be engaged in circumvention practices as defined in Articles 13(1) and 13(2) of the basic Regulation. Producers wishing to obtain an exemption should submit a request duly supported by evidence within the time-limit indicated in Article 3(3) of this Regulation. |
F. REGISTRATION
|
(21) |
Pursuant to Article 14(5) of the basic Regulation, imports of the product under investigation should be made subject to registration in order to ensure that, should the investigation result in findings of circumvention, anti-dumping duties of an appropriate amount can be levied from the date on which registration of such imports consigned from Taiwan was imposed. |
G. TIME-LIMITS
|
(22) |
In the interest of sound administration, time-limits should be stated within which:
|
|
(23) |
Attention is drawn to the fact that the exercise of most procedural rights set out in the basic Regulation depends on the party's making itself known within the time-limits indicated in Article 3 of this Regulation. |
H. NON-COOPERATION
|
(24) |
In cases in which any interested party refuses access to or does not provide the necessary information within the time-limits, or significantly impedes the investigation, findings, affirmative or negative, may be made in accordance with Article 18 of the basic Regulation, on the basis of the facts available. |
|
(25) |
Where it is found that any interested party has supplied false or misleading information, the information shall be disregarded and use may be made of facts available. |
|
(26) |
If an interested party does not cooperate or cooperates only partially and findings are therefore based on the facts available in accordance with Article 18 of the basic Regulation, the result may be less favourable to that party than if it had cooperated. |
I. SCHEDULE OF THE INVESTIGATION
|
(27) |
The investigation will be concluded, pursuant to Article 13(3) of the basic Regulation, within nine months of the date of the publication of this Regulation in the Official Journal of the European Union. |
J. PROCESSING OF PERSONAL DATA
|
(28) |
It is noted that any personal data collected in this investigation will be treated in accordance with Regulation (EC) No 45/2001 of the European Parliament and of the Council of 18 December 2000 on the protection of individuals with regard to the processing of personal data by the Community institutions and bodies and on the free movement of such data (6). |
K. HEARING OFFICER
|
(29) |
Interested parties may request the intervention of the Hearing Officer of the Directorate-General for Trade. The Hearing Officer acts as an interface between the interested parties and the Commission investigation services. The Hearing Officer reviews requests for access to the file, disputes regarding the confidentiality of documents, requests for extension of time limits and requests by third parties to be heard. The Hearing Officer may organise a hearing with an individual interested party and mediate to ensure that the interested parties' rights of defence are being fully exercised. |
|
(30) |
A request for a hearing with the Hearing Officer should be made in writing and should specify the reasons for the request. The Hearing Officer will also provide opportunities for a hearing involving parties to take place which would allow different views to be presented and rebuttal arguments offered. |
|
(31) |
For further information and contact details interested parties may consult the Hearing Officer's web pages on the Directorate-General for Trade's website: http://ec.europa.eu/trade/tackling-unfair-trade/hearing-officer/index_en.htm. |
HAS ADOPTED THIS REGULATION:
Article 1
An investigation is hereby initiated pursuant to Article 13(3) of Regulation (EC) No 1225/2009, in order to determine if imports into the Union of silicon (silicon content less than 99,99 % by weight) consigned from Taiwan whether declared as originating in Taiwan or not, currently falling within CN code ex 2804 69 00 (TARIC code 2804690020), are circumventing the measures imposed by Regulation (EU) No 467/2010.
Article 2
The Customs authorities are hereby directed, pursuant to Article 13(3) and Article 14(5) of Regulation (EC) No 1225/2009, to take the appropriate steps to register the imports into the Union identified in Article 1 of this Regulation.
Registration shall expire nine months following the date of entry into force of this Regulation.
The Commission, by regulation, may direct Customs authorities to cease registration in respect of imports into the Union of products manufactured by producers having applied for an exemption of registration and having been found to fulfil the conditions for an exemption to be granted.
Article 3
1. Questionnaires must be requested from the Commission within 15 days from publication of this Regulation in the Official Journal of the European Union.
2. Interested parties, if their representations are to be taken into account during the investigation, must make themselves known by contacting the Commission, present their views in writing and submit questionnaire replies or any other information within 37 days from the date of the publication of this Regulation in the Official Journal of the European Union, unless otherwise specified.
3. Producers in Taiwan requesting exemption from registration of imports or measures must submit a request duly supported by evidence within the same 37-day time-limit.
4. Interested parties may also apply to be heard by the Commission within the same 37-day time-limit.
5. Interested parties are required to make all submissions and requests in electronic format (non-confidential submissions via e-mail, confidential ones on CD-R/DVD), and must indicate the name, address, e-mail address, telephone and fax numbers. However, any Powers of Attorney, signed certifications, and any updates thereof, accompanying questionnaire replies must be submitted on paper, i.e. by post or by hand, at the address below. If an interested party cannot provide its submissions and requests in electronic format, it must immediately inform the Commission in compliance with Article 18(2) of the basic Regulation. For further information concerning correspondence with the Commission, interested parties may consult the relevant web page on the website of the Directorate-General for Trade: http://ec.europa.eu/trade/tackling-unfair-trade/trade-defence.
All written submissions, including the information requested in this Regulation, questionnaire replies and correspondence provided by interested parties on a confidential basis must be labelled as ‧Limited‧ (7) and, in accordance with Article 19(2) of the basic Regulation, must be accompanied by a non-confidential version, which must be labelled ‧For inspection by interested parties‧.
Commission address for correspondence:
|
European Commission |
|
Directorate-General for Trade |
|
Directorate H |
|
Office: N105 4/92 |
|
1049 Bruxelles/Brussel |
|
BELGIQUE/BELGIË |
|
Fax +32 229 52372 |
|
E-mail: trade-silicon-circumvention@ec.europa.eu |
Article 4
This Regulation shall enter into force on the 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, 5 July 2012.
For the Commission
The President
José Manuel BARROSO
(1) OJ L 343, 22.12.2009, p. 51.
(2) OJ L 131, 29.5.2010, p. 1.
(4) In accordance with Article 143 of Commission Regulation (EEC) No 2454/93 concerning the implementation of the Community Customs Code, persons shall be deemed to be related only if: (a) they are officers or directors of one another's businesses; (b) they are legally recognized partners in business; (c) they are employer and employee; (d) any person directly or indirectly owns, controls or holds 5 % or more of the outstanding voting stock or shares of both of them; (e) one of them directly or indirectly controls the other; (f) both of them are directly or indirectly controlled by a third person; (g) together they directly or indirectly control a third person; or (h) they are members of the same family. Persons shall be deemed to be members of the same family only if they stand in any of the following relationships to one another: (i) husband and wife, (ii) parent and child, (iii) brother and sister (whether by whole or half blood), (iv) grandparent and grandchild, (v) uncle or aunt and nephew or niece, (vi) parent-in-law and son-in-law or daughter-in-law, (vii) brother-in-law and sister-in-law. (OJ L 253, 11.10.1993, p. 1). In this context ‧person‧ means any natural or legal person.
(5) However, even if producers are related in the aforementioned sense to companies subject to the measures in place on imports originating in the People’s Republic of China (the original anti-dumping measures), an exemption may still be granted if there is no evidence that the relationship with the companies subject to the original measures was established or used to circumvent the original measures.
(7) A ‧Limited‧ document is a document which is considered confidential pursuant to Article 19 of Council Regulation (EC) No 1225/2009 (OJ L 343 22.12.2009 p. 51) and Article 6 of the WTO Agreement on Implementation of Article VI of the GATT 1994 (Anti-Dumping Agreement). It is also a document protected pursuant to Article 4 of Regulation (EC) No 1049/2001 of the European Parliament and of the Council (OJ L 145, 31.5.2001, p. 43).
|
6.7.2012 |
EN |
Official Journal of the European Union |
L 176/54 |
COMMISSION IMPLEMENTING REGULATION (EU) No 597/2012
of 5 July 2012
amending Implementing Regulation (EU) No 540/2011 as regards the conditions of approval of the active substances aluminium ammonium sulphate, fat distillation residues, repellents by smell of animal or plant origin/fish oil and urea
(Text with EEA relevance)
THE EUROPEAN COMMISSION,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to Regulation (EC) No 1107/2009 of the European Parliament and of the Council of 21 October 2009 concerning the placing of plant protection products on the market and repealing Council Directives 79/117/EEC and 91/414/EEC (1), and in particular Article 13(2)(c) thereof,
Whereas:
|
(1) |
The active substances aluminium ammonium sulphate, fat distillation residues, repellents by smell of animal or plant origin/fish oil and urea were included in Annex I to Council Directive 91/414/EEC (2) by Commission Directive 2008/127/EC (3) in accordance with the procedure provided for in Article 24b of Commission Regulation (EC) No 2229/2004 of 3 December 2004 laying down further detailed rules for the implementation of the fourth stage of the programme of work referred to in Article 8(2) of Council Directive 91/414/EEC (4). Since the replacement of Directive 91/414/EEC by Regulation (EC) No 1107/2009, these substances are deemed to have been approved under that Regulation and are listed in 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 (5). |
|
(2) |
In accordance with Article 25a of Regulation (EC) No 2229/2004, the European Food Safety Authority (hereinafter ‘the Authority’) presented to the Commission its views on the draft review reports for aluminium ammonium sulphate (6) on 6 December 2011, for fat distillation residues (7), repellents by smell of animal or plant origin/fish oil (8) and urea (9) on 16 December 2011. The draft review reports and the views of the Authority were reviewed by the Member States and the Commission within the Standing Committee on the Food Chain and Animal Health and finalised on 1 June 2012 in the format of the Commission review reports for aluminium ammonium sulphate, fat distillation residues, repellents by smell of animal or plant origin/fish oil and urea. |
|
(3) |
The Authority communicated its views on aluminium ammonium sulphate, fat distillation residues, repellents by smell of animal or plant origin/fish oil and urea to the notifiers, and the Commission invited them to submit comments on the review reports. |
|
(4) |
It is confirmed that the active substances aluminium ammonium sulphate, fat distillation residues, repellents by smell of animal or plant origin/fish oil and urea are to be deemed to have been approved under Regulation (EC) No 1107/2009. |
|
(5) |
In accordance with Article 13(2) of Regulation (EC) No 1107/2009 in conjunction with Article 6 thereof and in the light of current scientific and technical knowledge, it is necessary to amend the conditions of approval of aluminium ammonium sulphate, fat distillation residues, repellents by smell of animal or plant origin/fish oil and urea. It is, in particular, appropriate to require further confirmatory information as regards those active substances. At the same time certain technical adaptations should be made, in particular the name of the active substances ‘Repellents by smell of animal or plant origin/fish oil’ and ‘fat distillation residues’ should be replaced respectively by ‘fish oil’ and fat distillation residues. The Annex to Implementing Regulation (EU) No 540/2011 should therefore be amended accordingly. |
|
(6) |
A reasonable period of time should be allowed before the application of this Regulation in order to allow Member States, notifiers and holders of authorisations for plant protection products to meet the requirements resulting from amendment to the conditions of the approval. |
|
(7) |
The measures provided for in this Regulation are in accordance with the opinion of the Standing Committee on the Food Chain and Animal Health, |
HAS ADOPTED THIS REGULATION:
Article 1
Part A of the Annex to Implementing Regulation (EU) No 540/2011 is amended in accordance with 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.
It shall apply from 1 November 2012.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 5 July 2012.
For the Commission
The President
José Manuel BARROSO
(1) OJ L 309, 24.11.2009, p. 1.
(2) OJ L 230, 19.8.1991, p. 1.
(3) OJ L 344, 20.12.2008, p. 89.
(4) OJ L 379, 24.12.2004, p. 13.
(5) OJ L 153, 11.6.2011, p. 1.
(6) Conclusion on the peer review of the pesticide risk assessment of the active substance aluminium ammonium sulphate, EFSA Journal 2012;10(3):2491. Available online: www.efsa.europa.eu/efsajournal.htm
(7) Conclusion on the peer review of the pesticide risk assessment of the active substance fat distillation residues, EFSA Journal 2012;10(2):2519. Available online: www.efsa.europa.eu/efsajournal.htm
(8) Conclusion on the peer review of the pesticide risk assessment of the active substance fish oil, EFSA Journal 2012;10(2):2546. Available online: www.efsa.europa.eu/efsajournal.htm
(9) Conclusion on the peer review of the pesticide risk assessment of the active substance urea, EFSA Journal 2012;10(1):2523. Available online: www.efsa.europa.eu/efsajournal.htm
ANNEX
Part A of the Annex to Implementing Regulation (EU) No 540/2011 is amended as follows:
|
(1) |
Row 219 on the active substance aluminium ammonium sulphate is replaced by the following:
|
|
(2) |
Row 229 on the active substance fat distillation residues is replaced by the following:
|
|
(3) |
Row 248 on the active substance repellents by smell of animal or plant origin/fish oil is replaced by the following:
|
|
(4) |
Row 257 on the active substance urea is replaced by the following:
|
(1) Further details on identity and specification of active substance are provided in their review report.
(2) Further details on identity and specification of active substance are provided in their review report.
(3) Further details on identity and specification of active substance are provided in their review report.
(4) Further details on identity and specification of active substance are provided in their review report.
|
6.7.2012 |
EN |
Official Journal of the European Union |
L 176/59 |
COMMISSION IMPLEMENTING REGULATION (EU) No 598/2012
of 5 July 2012
amending for the 172nd time Council Regulation (EC) No 881/2002 imposing certain specific restrictive measures directed against certain persons and entities associated with the Al Qaida network
THE EUROPEAN COMMISSION,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to Council Regulation (EC) No 881/2002 of 27 May 2002 imposing certain specific restrictive measures directed against certain persons and entities associated with the Al-Qaida network, (1) and in particular Article 7(1)(a) and 7a(5) thereof,
Whereas:
|
(1) |
Annex I to Regulation (EC) No 881/2002 lists the persons, groups and entities covered by the freezing of funds and economic resources under that Regulation. |
|
(2) |
On 21 June 2012 the Sanctions Committee of the United Nations Security Council decided to remove two natural persons from its list of persons, groups and entities to whom the freezing of funds and economic resources should apply after considering the de-listing requests submitted by these persons and the Comprehensive Reports of the Ombudsperson established pursuant to United Nations Security Council Resolution 1904(2009). On 27 June 2012, it decided to remove another natural person from the list. Furthermore, on 10 May 2012, 25 May 2012 and 21 June 2012, it decided to amend five entries on the list. |
|
(3) |
Annex I to Regulation (EC) No 881/2002 should therefore be updated accordingly. |
HAS ADOPTED THIS REGULATION:
Article 1
Annex I to Regulation (EC) No 881/2002 is amended in accordance with 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.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 5 July 2012.
For the Commission, On behalf of the President,
Head of the Service for Foreign Policy Instruments
(1) OJ L 139, 29.5.2002, p. 9.
ANNEX
Annex I to Regulation (EC) No 881/2002 is amended as follows:
|
(1) |
The following entries under the heading ‘Natural persons’ are deleted:
|
|
(2) |
The entry ‘Abid Hammadou (alias (a) Abdelhamid Abou Zeid; (b) Youcef Adel; (c) Abou Abdellah). Date of birth: 12.12.1965. Place of birth: Touggourt, Wilaya (province) of Ouargla, Algeria. Nationality: Algerian. Other information: (a) Associated with the Organisation of Al-Qaida in the Islamic Maghreb; (b) Located in Northern Mali as of June 2008; (c) Mother’s name: Fatma Hammadou. Father’s name: Benabes.’ under the heading ‘Natural persons’ shall be replaced by the following: ‘Amor Mohamed Ghedeir (alias (a) Abdelhamid Abou Zeid; (b) Youcef Adel; (c) Abou Abdellah, (d) Abid Hammadou). Date of birth: Approximately 1958. Place of birth: Deb-Deb, Amenas, Wilaya (province) of Illizu, Algeria. Nationality: Algerian. Other information: (a) Mother’s name is Benarouba Bachira; (b) Father’s name is Mabrouk. Date of designation referred to in Article 2a (4) (b): 3.7.2008.’ |
|
(3) |
The entry ‘Mohammad Ilyas Kashmiri (alias (a) Muhammad Ilyas Kashmiri, (b) Elias al-Kashmiri, (c) Ilyas Naib Amir). Title: (a) Mufti, (b) Maulana. Address: Thathi Village, Samahni, Bhimber District, Pakistan-administered Kashmir. Date of birth: (a) 2.1.1964, (b) 10.2.1964. Place of birth: Bhimber, Samahani Valley, Pakistan-administered Kashmir. Other information: Commander of Harakat-ul Jihad Islami. Date of designation referred to in Article 2a(4)(b): 6.8.2010.’ under the heading ‘Natural persons’ shall be replaced by the following: ‘Mohammad Ilyas Kashmiri (alias (a) Muhammad Ilyas Kashmiri, (b) Elias al-Kashmiri, (c) Ilyas Naib Amir). Title: Mufti. Address: Thathi Village, Samahni, Bhimber District, Pakistan-administered Kashmir. Date of birth: (a) 2.1.1964, (b) 10.2.1964. Place of birth: Bhimber, Samahani Valley, Pakistan-administered Kashmir. Other information: (a) Former title: Maulana. (b) Reportedly deceased in Pakistan on 11 June 2011. Date of designation referred to in Article 2a(4)(b): 6.8.2010.’ |
|
(4) |
The entry ‘Mati ur-Rehman (alias (a) Mati-ur Rehman, (b) Mati ur Rehman, (c) Matiur Rahman, (d) Matiur Rehman, (e) Matti al-Rehman, (f) Abdul Samad, (g) Samad Sial, (h) Abdul Samad Sial). Date of birth: Approximately 1977. Nationality: Pakistani. Other information: Mati ur-Rehman is the chief operational commander of Lashkar i Jhangvi. Date of designation referred to in Article 2a(4)(b): 22.8.2011.’ under the heading ‘Natural persons’ shall be replaced by the following: ‘Mati ur-Rehman Ali Muhammad (alias (a) Mati-ur Rehman, (b) Mati ur Rehman, (c) Matiur Rahman, (d) Matiur Rehman, (e) Matti al-Rehman, (f) Abdul Samad, (g) Samad Sial, (h) Abdul Samad Sial, (i) Ustad Talha, (j) Qari Mushtaq, (k) Tariq, (l) Hussain). Date of birth: Approximately 1977. Place of birth: Chak number 36/DNB, Rajkan, Madina Colony, Bahawalpur District, Punjab Province, Pakistan. Nationality: Pakistani. Date of designation referred to in Article 2a(4)(b): 22.8.2011.’ |
|
(5) |
The entry ‘Youcef Abbes (alias Giuseppe). Date of birth: 5.1.1965. Place of birth: Bab el Oued, Algiers, Algeria. Nationality: Algerian. Other information: (a) Considered a fugitive from justice by the Italian authorities as of 5 July 2008; (b) Reportedly deceased in 2000; (c) Father’s name is Mokhtar; (d) Mother’s name is Abbou Aicha; (e) Brother of Moustafa Abbes. Date of designation referred to in Article 2a (4) (b): 17.3.2004.’ under the heading ‘Natural persons’ shall be replaced by the following: ‘Youcef Abbes (alias Giuseppe). Date of birth: 5.1.1965. Place of birth: Bab el Oued, Algiers, Algeria. Nationality: Algerian. Other information: (a) Father’s name is Mokhtar; (b) Mother’s name is Abbou Aicha. Date of designation referred to in Article 2a (4) (b): 17.3.2004.’ |
|
(6) |
The entry ‘Fahd Mohammed Ahmed Al-Quso (alias (a) Fahd al-Quso, (b) Fahd Mohammed Ahmen Al-Quso, (c) Abu Huthaifah, (d) Abu Huthaifah al-Yemeni, (e) Abu Huthaifah al-Adani, (f) Abu al-Bara, (g) Abu Huthayfah al- Adani, (h) Fahd Mohammed Ahmed al-Awlaqi, (i) Huthaifah al-Yemeni (j) Abu Huthaifah al-Abu al-Bara, (k) Fahd Mohammed Ahmad al-Kuss). Address: Yemen. Date of birth: 12.11.1974. Place of birth: Aden, Yemen. Nationality: Yemeni. Other information: (a) Yemeni national identification number 2043, (b) Operative of Al- Qaida in the Arabian Peninsula and cell leader in Shabwa Province, Yemen. Date of designation referred to in Article 2a(4)(b): 7.12.2010.’ under the heading ‘Natural persons’ shall be replaced by the following: ‘Fahd Mohammed Ahmed Al-Quso (alias (a) Fahd al-Quso, (b) Fahd Mohammed Ahmen Al-Quso, (c) Abu Huthaifah, (d) Abu Huthaifah al-Yemeni, (e) Abu Huthaifah al-Adani, (f) Abu al-Bara, (g) Abu Huthayfah al- Adani, (h) Fahd Mohammed Ahmed al-Awlaqi, (i) Huthaifah al-Yemeni (j) Abu Huthaifah al-Abu al-Bara, (k) Fahd Mohammed Ahmad al-Kuss). Address: Yemen. Date of birth: 12.11.1974. Place of birth: Aden, Yemen. Nationality: Yemeni. Other information: Reportedly deceased on 6 May 2012 in Yemen. Date of designation referred to in Article 2a(4)(b): 7.12.2010.’ |
|
6.7.2012 |
EN |
Official Journal of the European Union |
L 176/62 |
COMMISSION IMPLEMENTING REGULATION (EU) No 599/2012
of 5 July 2012
establishing the standard import values for determining the entry price of certain fruit and vegetables
THE EUROPEAN COMMISSION,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to Council Regulation (EC) No 1234/2007 of 22 October 2007 establishing a common organisation of agricultural markets and on specific provisions for certain agricultural products (Single CMO Regulation) (1),
Having regard to Commission Implementing Regulation (EU) No 543/2011 of 7 June 2011 laying down detailed rules for the application of Council Regulation (EC) No 1234/2007 in respect of the fruit and vegetables and processed fruit and vegetables sectors (2), and in particular Article 136(1) thereof,
Whereas:
|
(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, |
HAS ADOPTED THIS REGULATION:
Article 1
The standard import values referred to in Article 136 of Implementing Regulation (EU) No 543/2011 are fixed in the Annex to this Regulation.
Article 2
This Regulation shall enter into force on the day 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, 5 July 2012.
For the Commission, On behalf of the President,
José Manuel SILVA RODRÍGUEZ
Director-General for Agriculture and Rural Development
(1) OJ L 299, 16.11.2007, p. 1.
(2) OJ L 157, 15.6.2011, p. 1.
ANNEX
Standard import values for determining the entry price of certain fruit and vegetables
|
(EUR/100 kg) |
||
|
CN code |
Third country code (1) |
Standard import value |
|
0702 00 00 |
TR |
50,2 |
|
ZZ |
50,2 |
|
|
0707 00 05 |
TR |
103,2 |
|
ZZ |
103,2 |
|
|
0709 93 10 |
TR |
115,5 |
|
ZZ |
115,5 |
|
|
0805 50 10 |
AR |
89,2 |
|
TR |
54,0 |
|
|
UY |
85,8 |
|
|
ZA |
94,1 |
|
|
ZZ |
80,8 |
|
|
0808 10 80 |
AR |
200,7 |
|
BR |
79,0 |
|
|
CL |
111,2 |
|
|
CN |
100,6 |
|
|
NZ |
133,5 |
|
|
US |
144,1 |
|
|
UY |
58,9 |
|
|
ZA |
107,5 |
|
|
ZZ |
116,9 |
|
|
0808 30 90 |
AR |
206,9 |
|
CL |
113,3 |
|
|
CN |
83,4 |
|
|
NZ |
207,2 |
|
|
ZA |
127,2 |
|
|
ZZ |
147,6 |
|
|
0809 10 00 |
TR |
182,6 |
|
ZZ |
182,6 |
|
|
0809 29 00 |
TR |
327,1 |
|
ZZ |
327,1 |
|
|
0809 30 |
TR |
207,2 |
|
ZZ |
207,2 |
|
(1) Nomenclature of countries laid down by Commission Regulation (EC) No 1833/2006 (OJ L 354, 14.12.2006, p. 19). Code ‘ZZ’ stands for ‘of other origin’.
DECISIONS
|
6.7.2012 |
EN |
Official Journal of the European Union |
L 176/64 |
POLITICAL AND SECURITY COMMITTEE DECISION ATALANTA/2/2012
of 3 July 2012
on the appointment of an EU Force Commander for the European Union military operation to contribute to the deterrence, prevention and repression of acts of piracy and armed robbery off the Somali coast (Atalanta)
(2012/361/CFSP)
THE POLITICAL AND SECURITY COMMITTEE,
Having regard to the Treaty on European Union, and in particular Article 38 thereof,
Having regard to Council Joint Action 2008/851/CFSP of 10 November 2008 on a European Union military operation to contribute to the deterrence, prevention and repression of acts of piracy and armed robbery off the Somali coast (1) (Atalanta), and in particular Article 6 thereof,
Whereas:
|
(1) |
Pursuant to Article 6(1) of Joint Action 2008/851/CFSP, the Council authorised the Political and Security Committee (PSC) to take decisions on the appointment of the EU Force Commander for the European Union military operation to contribute to the deterrence, prevention and repression of acts of piracy and armed robbery off the Somali coast (hereinafter ‘EU Force Commander’). |
|
(2) |
On 25 May 2012, the PSC adopted Decision Atalanta/1/2012 (2) appointing Rear-Admiral Jean-Baptiste DUPUIS as EU Force Commander. |
|
(3) |
The EU Operation Commander has recommended the appointment of Rear-Admiral Enrico CREDENDINO as the new EU Force Commander. |
|
(4) |
The EU Military Committee supports that recommendation. |
|
(5) |
In accordance with Article 5 of the Protocol (No 22) on the position of Denmark, annexed to the Treaty on European Union and to the Treaty on the Functioning of the European Union, Denmark does not participate in the elaboration and the implementation of decisions and actions of the Union which have defence implications, |
HAS ADOPTED THIS DECISION:
Article 1
Rear-Admiral Enrico CREDENDINO is hereby appointed EU Force Commander for the European Union military operation to contribute to the deterrence, prevention and repression of acts of piracy and armed robbery off the Somali coast.
Article 2
This Decision shall enter into force on 6 August 2012.
Done at Brussels, 3 July 2012.
For the Political and Security Committee
The Chairperson
O. SKOOG
(1) OJ L 301, 12.11.2008, p. 33.
(2) OJ L 142, 1.6.2012, p. 35.
|
6.7.2012 |
EN |
Official Journal of the European Union |
L 176/65 |
COMMISSION IMPLEMENTING DECISION
of 4 July 2012
concerning a financial contribution by the Union to certain Member States to support voluntary surveillance studies on honeybee colony losses
(notified under document C(2012) 4396)
(Only the Danish, Dutch, English, Estonian, Finnish, French, German, Greek, Hungarian, Italian, Latvian, Lithuanian, Polish, Portuguese, Slovak, Spanish and Swedish texts are authentic)
(2012/362/EU)
THE EUROPEAN COMMISSION,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to Council Decision 2009/470/EC of 25 May 2009 on expenditure in the veterinary field (1), and in particular Article 23 thereof,
Whereas:
|
(1) |
The Communication from the Commission to the European Parliament and the Council on honeybee health (2) gives an overview of the Commission’s actions already undertaken and ongoing as regards honeybee health in the EU. The main subject issue of the Communication is the increased mortality of bees observed worldwide. |
|
(2) |
In 2009 the EFSA project ‘Bee mortality and bee surveillance in Europe’ concluded that the surveillance systems in the EU are, in general, weak and that there is a lack of data at Member States level and a lack of comparable data at EU level. |
|
(3) |
In order to improve the availability of data on bee mortality it is appropriate to assist and support certain surveillance studies in Member States on honeybee losses. |
|
(4) |
Commission Implementing Decision 2011/881/EU of 21 December 2011 concerning the adoption of a financing decision to support voluntary surveillance studies on honeybee colony losses (3) set aside EUR 3 750 000 as contribution of the European Union for the implementation of the surveillance studies on honeybee colony losses. |
|
(5) |
The EU reference laboratory (EURL) for bee health presented the document ‘Basis for a pilot surveillance project on honey bee colony losses’ (available at http://ec.europa.eu/food/animal/liveanimals/bees/bee_health_en.htm) providing guidance to Member States to elaborate their surveillance studies. |
|
(6) |
Member States were invited to send to the Commission their programmes for surveillance studies based on the technical document of the EURL for bee health. Twenty Member States have sent their proposals for the surveillance studies. These proposals have been technically and financially evaluated to assess their conformity with the technical document ‘Basis for a pilot surveillance project on honey bee colony losses’. |
|
(7) |
Belgium, Denmark, Germany, Estonia, Greece, Spain, France, Italy, Latvia, Lithuania, Hungary, Poland, Portugal, Slovakia, Finland, Sweden and the United Kingdom have drawn up surveillance study programmes on honeybee colony losses in line with the technical document ‘Basis for a pilot surveillance project on honey bee colony losses’ and have requested EU financial support. |
|
(8) |
A financial contribution should be granted as from 1 April 2012 to the voluntary surveillance study programmes on honeybee colony losses implemented by Belgium, Denmark, Germany, Estonia, Greece, Spain, France, Italy, Latvia, Lithuania, Hungary, Poland, Portugal, Slovakia, Finland, Sweden and the United Kingdom. |
|
(9) |
Under Council Regulation (EC) No 1290/2005 of 21 June 2005 on the financing of the common agricultural policy (4), veterinary measures are to be financed under the European Agricultural Guarantee Fund. For financial control purposes, Articles 9, 36 and 37 of that Regulation are to apply. |
|
(10) |
The payment of the financial contribution should be subject to the condition that the surveillance study programmes planned have actually been carried out and that the authorities supply all the necessary information to the Commission and to the EU reference laboratory for bee health. |
|
(11) |
The measures provided for in this Decision are in accordance with the opinion of the Standing Committee on the Food Chain and Animal Health, |
HAS ADOPTED THIS DECISION:
Article 1
1. The Union shall grant Belgium, Denmark, Germany, Estonia, Greece, Spain, France, Italy, Latvia, Lithuania, Hungary, Poland, Portugal, Slovakia, Finland, Sweden and the United Kingdom financial assistance for their surveillance study programmes on honeybee colony losses.
2. The financial contribution by the Union:
|
(a) |
shall be at the rate of 70 % of the eligible costs to be incurred by each Member State referred to in paragraph 1 for the surveillance study programmes on honeybee colony losses and specified in Annex I for the period from 1 April 2012 to 30 June 2013; |
|
(b) |
shall not exceed the following:
|
|
(c) |
shall not exceed EUR 595 per visit of an apiary. |
Article 2
1. The maximum overall contribution authorised by this Decision for the costs incurred for the programmes referred to in Article 1 is set at EUR 3 307 803 to be financed from the general budget of the European Union.
2. Expenditure relating to staff costs for performing laboratory tests, sampling, monitoring, consumables and overheads dedicated to the surveillance studies shall be eligible in accordance with the rules set out in Annex III.
3. The Union’s financial assistance shall be paid following presentation and approval of the reports and supporting documents referred to Article 3(2) and (3).
Article 3
1. The programmes shall be carried out in accordance with the technical document ‘Basis for a pilot surveillance project on honey bee colony losses’ (available at http://ec.europa.eu/food/animal/liveanimals/bees/bee_health_en.htm) and in accordance with the surveillance study programmes on honeybee colony losses presented by the Member States.
2. Belgium, Denmark, Germany, Estonia, Greece, Spain, France, Italy, Latvia, Lithuania, Hungary, Poland, Portugal, Slovakia, Finland, Sweden and the United Kingdom shall submit to the Commission:
|
— |
no later than 1 March 2013 an intermediate technical report on the first visit provided for in the surveillance study programme, and |
|
— |
no later than 31 October 2013 a final technical report on the second and third visits provided for in the surveillance study programme, |
|
— |
the technical report should be in conformity to a model to be established by the Commission in cooperation with the EU reference laboratory for bee health. |
3. Belgium, Denmark, Germany, Estonia, Greece, Spain, France, Italy, Latvia, Lithuania, Hungary, Poland, Portugal, Slovakia, Finland, Sweden and the United Kingdom shall submit to the Commission:
|
— |
no later than 31 December 2013 a paper version and an electronic version of their financial report drawn up in accordance with Annex II. The supporting documents, evidencing all the expenditure referred to in the application for reimbursement, shall be sent to the Commission on request. |
4. The outcome of the studies shall be made available to the Commission and the EU reference laboratory for bee health.
Article 4
This Decision is addressed to the Kingdom of Belgium, the Kingdom of Denmark, the Federal Republic of Germany, the Republic of Estonia, the Hellenic Republic, the Kingdom of Spain, the French Republic, the Italian Republic, the Republic of Latvia, the Republic of Lithuania, Hungary, the Republic of Poland, the Portuguese Republic, the Slovak Republic, the Republic of Finland, the Kingdom of Sweden and the United Kingdom of Great Britain and Northern Ireland.
Done at Brussels, 4 July 2012.
For the Commission
John DALLI
Member of the Commission
(1) OJ L 155, 18.6.2009, p. 30.
(2) COM(2010) 714 final.
(3) OJ L 343, 23.12.2011, p. 119.
(4) OJ L 209, 11.8.2005, p. 1.
ANNEX I
|
Member State |
Number of apiaries |
Number of visits per apiary foreseen in the surveillance study |
Total direct costs (Laboratory tests + visits for sampling and monitoring) |
Overheads (7 %) |
Total cost |
EU contribution (70 %) |
|
BE |
150 |
3 |
83 946 |
5 876 |
89 822 |
62 876 |
|
DK |
194 |
3 |
257 260 |
18 008 |
275 268 |
192 688 |
|
DE |
220 |
3 |
392 831 |
27 498 |
420 329 |
294 230 |
|
EE |
196 |
3 |
88 968 |
6 228 |
95 196 |
66 637 |
|
EL |
200 |
3 |
146 770 |
10 274 |
157 044 |
109 931 |
|
ES |
200 |
3 |
273 765 |
19 164 |
292 929 |
205 050 |
|
FR |
396 |
3 |
707 096 |
49 497 |
756 593 |
529 615 |
|
IT |
390 |
3 |
696 382 |
48 747 |
745 129 |
521 590 |
|
LV |
193 |
3 |
196 762 |
13 773 |
210 535 |
147 375 |
|
LT |
193 |
3 |
122 994 |
8 610 |
131 604 |
92 123 |
|
HU |
196 |
3 |
132 034 |
9 242 |
141 276 |
98 893 |
|
PL |
190 |
3 |
339 263 |
23 749 |
363 012 |
254 108 |
|
PT |
145 |
3 |
37 410 |
2 619 |
40 029 |
28 020 |
|
SK |
198 |
3 |
244 776 |
17 134 |
261 910 |
183 337 |
|
FI |
160 |
3 |
285 695 |
19 999 |
305 694 |
213 986 |
|
SE |
150 |
3 |
53 220 |
3 725 |
56 945 |
39 862 |
|
UK |
200 |
3 |
357 119 |
24 998 |
382 117 |
267 482 |
|
Total |
|
|
4 416 293 |
309 141 |
4 725 433 |
3 307 803 |
ANNEX II
MODEL FOR A FINANCIAL REPORT ON VOLUNTARY SURVEILLANCE STUDIES ON HONEYBEE COLONY LOSSES
|
Total expenditure for the project (real costs, VAT excl.) |
||
|
Member State: |
|
Number of apiaries visited: |
|
Laboratory costs |
|||
|
Staff category |
Number of working days |
Daily rate |
Total |
|
… |
|
|
|
|
… |
|
|
|
|
|
|
|
|
|
Consumables (description) |
Quantity |
Unit cost |
Total |
|
… |
|
|
|
|
… |
|
|
|
|
Sampling and monitoring costs (apiary visits) |
|||
|
Staff category |
Number of working days |
Daily rate |
Total |
|
… |
|
|
|
|
… |
|
|
|
|
|
|
|
|
|
Consumables (description) |
Quantity |
Unit cost |
Total |
|
… |
|
|
|
|
… |
|
|
|
Certification by the beneficiary
We certify that:
|
— |
the expenditure listed above was incurred in the performance of tasks described in the technical document ‘Basis for a pilot surveillance project on honey bee colony losses’ (1) and directly related to the implementation of the surveillance study programme for which financial support was granted according to Commission Implementing Decision 2012/362/EU, |
|
— |
the expenditure was actually incurred, accurately accounted for and eligible under the provisions of Implementing Decision 2012/362/EU, |
|
— |
all supporting documents relating to the expenditure are available for auditing, |
|
— |
no other Union contribution was requested for the projects listed in this Decision. |
Date:
Name and signature of the financial officer responsible:
(1) Available at http://ec.europa.eu/food/animal/liveanimals/bees/bee_health_en.htm
ANNEX III
ELIGIBILITY RULES
1. Laboratory costs
|
— |
Staff costs shall be limited to actual attributable labour costs (remuneration, wages, social charges and retirement costs) accrued in implementation of the study and performing laboratory tests. To this end monthly timesheets have to be maintained. |
|
— |
Daily rate will be calculated on a 220 working days/year. |
|
— |
Reimbursement of consumables shall be based on actual costs incurred by Member States to perform the tests at the laboratory. |
|
— |
Test kits, reagents and all consumables shall only be reimbursed if used specifically in the performance of the following tests:
|
2. Sampling and monitoring costs
|
— |
Costs for sampling and monitoring can only be claimed it they are directly linked to visits of apiaries. |
|
— |
Staff costs shall be limited to actual attributable labour costs (remuneration, wages, social charges and retirement costs) accrued in implementation of the study. To this end monthly timesheets have to be maintained. |
|
— |
Daily rate will be calculated on a 220 working days/year. |
|
— |
Reimbursement of consumables shall be based on actual costs incurred by Member States and shall only be reimbursed if used specifically during visits to the apiaries. |
3. Overheads
A flat rate contribution of 7 % calculated on the basis of all direct eligible costs may be claimed.
4. The expenditure submitted by the Member States for a financial contribution by the Union shall be expressed in euro and shall exclude value added tax (VAT) and all other taxes.
|
6.7.2012 |
EN |
Official Journal of the European Union |
L 176/70 |
COMMISSION IMPLEMENTING DECISION
of 4 July 2012
allowing Member States to extend provisional authorisations granted for the new active substances bixafen, Candida oleophila strain O, fluopyram, halosulfuron, potassium iodide, potassium thiocyanate and spirotetramat
(notified under document C(2012) 4436)
(Text with EEA relevance)
(2012/363/EU)
THE EUROPEAN COMMISSION,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to Council Directive 91/414/EEC of 15 July 1991 concerning the placing of plant protection products on the market (1), and in particular the fourth subparagraph of Article 8(1) thereof,
Having regard to Regulation (EC) No 1107/2009 of the European Parliament and of the Council of 21 October 2009 concerning the placing of plant protection products on the market and repealing Council Directives 79/117/EEC and 91/414/EEC (2), and in particular Article 80(1)(a) thereof,
Whereas:
|
(1) |
In accordance with Article 80(1)(a) of Regulation (EC) No 1107/2009, Directive 91/414/EEC shall continue to apply to active substances for which a decision has been adopted in accordance with Article 6(3) of Directive 91/414/EEC before 14 June 2011. |
|
(2) |
In accordance with Article 6(2) of Directive 91/414/EEC, in October 2008 the United Kingdom received an application from Bayer CropScience AG for the inclusion of the active substance bixafen in Annex I to Directive 91/414/EEC. Commission Decision 2009/700/EC (3) confirmed that the dossier was complete and could be considered as satisfying, in principle, the data and information requirements of Annex II and Annex III to that Directive. |
|
(3) |
In accordance with Article 6(2) of Directive 91/414/EEC, in July 2006 the United Kingdom received an application from Bionext SPRL for the inclusion of the active substance Candida oleophila strain O in Annex I to Directive 91/414/EEC. Commission Decision 2007/380/EC (4) confirmed that the dossier was complete and could be considered as satisfying, in principle, the data and information requirements of Annex II and Annex III to that Directive. |
|
(4) |
In accordance with Article 6(2) of Directive 91/414/EEC, in June 2008 Germany received an application from Bayer CropScience AG for the inclusion of the active substance fluopyram in Annex I to Directive 91/414/EEC. Commission Decision 2009/464/EC (5) confirmed that the dossier was complete and could be considered as satisfying, in principle, the data and information requirements of Annex II and Annex III to that Directive. |
|
(5) |
In accordance with Article 6(2) of Directive 91/414/EEC, in May 2005 Italy received an application from Nissan Chemical Europe SARL for the inclusion of the active substance halosulfuron in Annex I to Directive 91/414/EEC. Commission Decision 2006/586/EC (6) confirmed that the dossier was complete and could be considered as satisfying, in principle, the data and information requirements of Annex II and Annex III to that Directive. |
|
(6) |
In accordance with Article 6(2) of Directive 91/414/EEC, in September 2004 the Netherlands received an application from Koppert Beheer BV for the inclusion of the active substance potassium iodide in Annex I to Directive 91/414/EEC. Commission Decision 2005/751/EC (7) confirmed that the dossier was complete and could be considered as satisfying, in principle, the data and information requirements of Annex II and Annex III to that Directive. |
|
(7) |
In accordance with Article 6(2) of Directive 91/414/EEC, in September 2004 the Netherlands received an application from Koppert Beheer BV for the inclusion of the active substance potassium thiocyanate in Annex I to Directive 91/414/EEC. Decision 2005/751/EC confirmed that the dossier was complete and could be considered as satisfying, in principle, the data and information requirements of Annex II and Annex III to that Directive. |
|
(8) |
In accordance with Article 6(2) of Directive 91/414/EEC, in October 2006 Austria received an application from Bayer CropScience AG for the inclusion of the active substance spirotetramat in Annex I to Directive 91/414/EEC. Commission Decision 2007/560/EC (8) confirmed that the dossier was complete and could be considered as satisfying, in principle, the data and information requirements of Annex II and Annex III to that Directive. |
|
(9) |
Confirmation of the completeness of the dossiers was necessary in order to allow them to be examined in detail and to allow Member States the possibility of granting provisional authorisations, for periods of up to three years, for plant protection products containing the active substances concerned, while complying with the conditions laid down in Article 8(1) of Directive 91/414/EEC and, in particular, the conditions relating to the detailed assessment of the active substances and the plant protection products in the light of the requirements laid down by that Directive. |
|
(10) |
For these active substances, the effects on human health and the environment have been assessed, in accordance with the provisions of Article 6(2) and (4) of Directive 91/414/EEC, for the uses proposed by the applicants. The rapporteur Member States submitted the respective draft assessment reports to the Commission on 16 December 2009 (bixafen), on 5 February 2008 (Candida oleophila strain O), on 30 August 2011 (fluopyram), on 30 March 2008 (halosulfuron), on 27 July 2007 (potassium iodide and potassium thiocyanate) and on 29 April 2008 (spirotetramat). |
|
(11) |
Following submission of the draft assessment reports by the rapporteur Member States, it has been found to be necessary to request further information from the applicants and to have the rapporteur Member States examine that information and submit their assessment. Therefore, the examination of the dossiers is still ongoing and it will not be possible to complete the evaluation within the time-frame provided for in Directive 91/414/EEC, read in conjunction with Commission Decisions 2010/457/EU (9) (Candida oleophila strain O, potassium iodide and potassium thiocyanate) and 2010/671/EU (10) (spirotetramat). |
|
(12) |
As the evaluation so far has not identified any reason for immediate concern, Member States should be given the possibility of prolonging provisional authorisations granted for plant protection products containing the active substances concerned for a period of 24 months in accordance with the provisions of Article 8 of Directive 91/414/EEC so as to enable the examination of the dossiers to continue. It is expected that the evaluation and decision-making process with respect to a decision on a possible approval in accordance with Article 13(2) of Regulation (EC) No 1107/2009 for bixafen, Candida oleophila strain O, fluopyram, halosulfuron, potassium iodide, potassium thiocyanate and spirotetramat will have been completed within 24 months. |
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(13) |
The measures provided for in this Decision are in accordance with the opinion of the Standing Committee on the Food Chain and Animal Health, |
HAS ADOPTED THIS DECISION:
Article 1
Member States may extend provisional authorisations for plant protection products containing bixafen, Candida oleophila strain O, fluopyram, halosulfuron, potassium iodide, potassium thiocyanate or spirotetramat for a period ending on 31 July 2014 at the latest.
Article 2
This Decision shall expire on 31 July 2014.
Article3
This Decision is addressed to the Member States.
Done at Brussels, 4 July 2012.
For the Commission
John DALLI
Member of the Commission
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(2) OJ L 309, 24.11.2009, p. 1.
(3) OJ L 240, 11.9.2009, p. 32.
(4) OJ L 141, 2.6.2007, p. 78.
(5) OJ L 151, 16.6.2009, p. 37.
(6) OJ L 236, 31.8.2006, p. 31.
(7) OJ L 282, 26.10.2005, p. 18.
(8) OJ L 213, 15.8.2007, p. 29.
(9) OJ L 218, 19.8.2010, p. 24.
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