15.6.2013   

EN

Official Journal of the European Union

L 163/1

(1)

Regulation (EC) No 714/2009, and in particular Article 15 thereof and point 5 of the Guidelines on the management and allocation of available transfer capacity of interconnections between national systems, set out in Annex I to that Regulation, lays down requirements for Transmission System Operators (TSOs) to publish data on the availability of networks, capacities of cross-border interconnectors and generation, load and network outages.

(2)

Article 4(4) of Regulation (EU) No 1227/2011 of the European Parliament and of the Council of 25 October 2011 on wholesale energy market integrity and transparency (2) recognises that publication of inside information in accordance with Regulation (EC) No 714/2009 or guidelines adopted pursuant to it constitute simultaneous, complete and effective public disclosure.

(3)

The availability of such data is indispensable for market participants’ ability to take efficient production, consumption and trading decisions. Deeper market integration and the rapid development of intermittent renewable energy generation sources such as wind and solar require the disclosure of complete, timely available, high quality and easily digestible information relating to supply and demand fundamentals.

(4)

The timely availability of complete sets of data on fundamentals should also increase the security of energy supplies. It should allow market parties to precisely match supply and demand reducing the risk for black-outs. As a result TSOs should be able to better control their networks and operate them under more predictable and secure conditions.

(5)

Current transparency measures do not fully satisfy these criteria. In addition, relevant market information is unevenly distributed among market participants with large incumbent players having exclusive access to information in relation to their own assets putting new market participants or participants without own assets at a disadvantage.

(6)

Market participants should be provided with timely information on the expected consumption. This information should be regularly updated and be provided for different timeframes. The actual outturn of the expected consumption should also be made available shortly after real time.

(7)

The planned and unplanned unavailability of power generation and consumption units is one of the most important supply-demand relevant information for market participants. Market participants and TSOs need to be provided with detailed information on where, when and why units are not or will not be available to generate or consume and when they are expected to return in operation. This should also help TSOs to better reallocate reserves reducing the probability for black-outs.

(8)

Market participants and TSOs should also receive detailed information about the overall installed generation capacity, estimations about total scheduled generation, including separately for intermittent generation, and unit level data about actual generation of larger production facilities.

(9)

In order to be able to move power from where it is available to where it is most needed and adjust portfolios accordingly, the market should be provided with information about planned and unplanned unavailability of existing cross-border transmission infrastructure and plans about infrastructure developments. TSOs should also provide and regularly update data on planned and offered cross-border transfer capacities for different time horizons as well as information related to the allocation and use of capacities.

(10)

Through the rapid deployment of intermittent generation sources away from consumption centres, transmission infrastructure has increasingly got congested in large parts of Europe. To relieve congestions TSOs have increasingly intervened in market operations instructing market participants to change their generation or trading commitments. In order to enable the market to understand where and why congestion management measures have become necessary, TSOs need to provide timely, detailed and reasoned information about their actions.

(11)

Even after careful planning producers, suppliers and traders may find themselves out of balance and be exposed to TSOs balancing and settlement regime. In order to optimally mitigate imbalance risk market participants need accurate, clear and timely information about balancing markets. TSOs should provide such information in a comparable format across borders including details about the reserves they have contracted, prices paid and volumes activated for balancing purposes.

(12)

TSOs are often the primary source of relevant fundamental information. They are also used to collect and assess large amounts of information for system operation purposes. In order to provide an overall view of relevant information across the Union, TSOs should facilitate the collection, verification and processing of data and the European Network of Transmission System Operators for Electricity (the ENTSO for Electricity) should make the data available to the public through a central information transparency platform. In order to make best use of existing sources of transparency, the ENTSO for Electricity should be able to receive information for publication through third parties such as power exchanges and transparency platforms.

(13)

Annex I to Regulation (EC) No 714/2009 should therefore be amended accordingly.

(14)

This Regulation has been adopted on the basis of Regulation (EC) No 714/2009 which it supplements and of which it forms an integral part. References to Regulation (EC) No 714/2009 in other legal acts shall be understood as also referring to this Regulation.

(15)

The measures provided for in this Regulation are in accordance with the opinion of the Committee referred to in Article 23(1) of Regulation (EC) No 714/2009,

(1)

‘balancing reserves’ mean all resources, if procured ex ante or in real time, or according to legal obligations, which are available to the TSO for balancing purposes;

(2)

‘balancing time unit’ means the time period for which the price for balancing reserves is established;

(3)

‘bidding zone’ means the largest geographical area within which market participants are able to exchange energy without capacity allocation;

(4)

‘capacity allocation’ means the attribution of cross zonal capacity;

(5)

‘consumption unit’ means a resource which receives electrical energy for its own use, excluding TSOs and Distribution Systems Operators (DSOs);

(6)

‘control area’ means a coherent part of the interconnected system, operated by a single system operator and shall include connected physical loads and/or generation units if any;

(7)

‘coordinated net transmission capacity’ means a capacity calculation method based on the principle of assessing and defining ex ante a maximum energy exchange between adjacent bidding zones;

(8)

‘critical network element’ means a network element either within a bidding zone or between bidding zones taken into account in the capacity calculation process, limiting the amount of power that can be exchanged;

(9)

‘cross-control area balancing’ means a balancing scheme where a TSO can receive bids for activation coming from other TSOs’ areas. It does not include re-dispatching or the delivery of emergency energy;

(10)

‘cross zonal capacity’ means the capability of the interconnected system to accommodate energy transfer between bidding zones;

(11)

‘currency’ is euro if at least one part of the bidding zone(s) concerned is part of a country in which euro is a legal tender. In any other case it is the local currency;

(12)

‘cut-off time’ means the point in time where TSOs have to confirm all matched nominations to the market. The cut-off time refers not only to daily or intra daily markets but also to the different markets that cover imbalance adjustments and reserve allocation;

(13)

‘countertrading’ means a cross zonal exchange initiated by system operators between two bidding zones to relieve physical congestion;

(14)

‘data provider’ means the entity that is sending the data to the central information transparency platform;

(15)

‘explicit allocation’ means the allocation of cross zonal capacity only, without the energy transfer;

(16)

‘flow based parameters’ mean the available margins on critical network elements with associated power transfer distribution factors;

(17)

‘generation unit’ means a single electricity generator belonging to a production unit;

(18)

‘implicit allocation’ means a congestion management method in which energy is obtained at the same time as cross zonal capacity;

(19)

‘market time unit’ means the period for which the market price is established or the shortest possible common time period for the two bidding zones, if their market time units are different;

(20)

‘offered capacity’ means the cross zonal capacity offered by the transmission capacity allocator to the market;

(21)

‘planned’ means an event known ex ante by the primary owner of the data;

(22)

‘power transfer distribution factor’ means a representation of the physical flow on a critical network element induced by the variation of the net position of a bidding zone;

(23)

‘primary owner of the data’ means the entity which creates the data;

(24)

‘production unit’ means a facility for generation of electricity made up of a single generation unit or of an aggregation of generation units;

(25)

‘profile’ means a geographical boundary between one bidding zone and several neighbouring bidding zones;

(26)

‘redispatching’ means a measure activated by one or several system operators by altering the generation and/or load pattern in order to change physical flows in the transmission system and relieve a physical congestion;

(27)

‘total load’, including losses without power used for energy storage, means a load equal to generation and any imports deducting any exports and power used for energy storage;

(28)

‘transmission capacity allocator’ means the entity empowered by TSOs to manage the allocation of cross zonal capacities;

(29)

‘vertical load’ means the total amount of power flowing out of the transmission network to the distribution networks, to directly connected final customers or to the consuming part of generation;

(30)

‘year-ahead forecast margin’ means the difference between the yearly forecast of available generation capacity and the yearly forecast of maximum total load taking into account the forecast of total generation capacity, the forecast of availability of generation and the forecast of reserves contracted for system services;

(31)

‘time’ means the local time in Brussels.

(a)

details and format of the submission of data laid down in Article 4(1);

(b)

standardised ways and formats of data communication and exchange between primary owners of data, TSOs, data providers and the ENTSO for Electricity;

(c)

technical and operational criteria which data providers would need to fulfil when providing data to the central information transparency platform;

(d)

appropriate classification of production types referred to in Articles 14(1), 15(1) and 16(1).

(a)

the total load per market time unit;

(b)

a day-ahead forecast of the total load per market time unit;

(c)

a week-ahead forecast of the total load for every day of the following week, which shall for each day include a maximum and a minimum load value;

(d)

a month-ahead forecast of the total load for every week of the following month, which shall include, for a given week, a maximum and a minimum load value;

(e)

a year-ahead forecast of the total load for every week of the following year, which shall for a given week include a maximum and a minimum load value.

(a)

in point (a) of paragraph 1 shall be published no later than one hour after the operating period;

(b)

in point (b) of paragraph 1 shall be published no later than two hours before the gate closure of the day-ahead market in the bidding zone and be updated when significant changes occur;

(c)

in point (c) of paragraph 1 shall be published each Friday no later than two hours before the gate closure of the day-ahead market in the bidding zone and be updated when significant changes occur;

(d)

in point (d) of paragraph 1 shall be published no later than one week before the delivery month and be updated when significant changes occur;

(e)

in point (e) of paragraph 1 shall be published no later than the 15th calendar day of the month before the year to which the data relates.

(a)

the planned unavailability of 100 MW or more of a consumption unit, including changes of 100 MW or more in the planned unavailability of consumption units, lasting at least one market time unit, specifying:

(b)

changes in actual availability of a consumption unit with a power rating of 100 MW or more, specifying:

(a)

the identification of the assets concerned;

(b)

the location;

(c)

type of asset;

(d)

the impact on interconnection capacity per direction between the bidding zones;

(e)

the estimated date of completion.

(a)

the planned unavailability, including changes in the planned unavailability of interconnections and in the transmission grid that reduce cross zonal capacities between bidding zones by 100 MW or more during at least one market time unit, specifying:

(b)

changes in the actual availability of interconnections and in the transmission grid that reduce cross zonal capacities between bidding zones by 100 MW or more during at least one market time unit, specifying:

(c)

changes in the actual availability of off-shore grid infrastructure that reduce wind power feed-in by 100 MW or more during at least one market time unit, specifying:

(a)

the forecasted and offered capacity (MW) per direction between bidding zones in case of coordinated net transmission capacity based capacity allocation; or

(b)

the relevant flow based parameters in case of flow based capacity allocation.

(a)

the main critical network elements limiting the offered capacity;

(b)

the control area(s) which the critical network elements belong to;

(c)

the extent to which relieving the critical network elements would increase the offered capacity;

(d)

all possible measures that could be implemented to increase the offered capacity, together with their estimated costs.

(a)

in case of explicit allocations, for every market time unit and per direction between bidding zones:

(b)

for every market time unit and per direction between bidding zones the total capacity nominated;

(c)

prior to each capacity allocation the total capacity already allocated through previous allocation procedures per market time unit and per direction;

(d)

for every market time unit the day-ahead prices in each bidding zone (Currency/MWh);

(e)

in case of implicit allocations, for every market time unit the net positions of each bidding zone (MW) and the congestion income (in Currency) per border between bidding zones;

(f)

scheduled day-ahead commercial exchanges in aggregated form between bidding zones per direction and market time unit;

(g)

physical flows between bidding zones per market time unit;

(h)

cross zonal capacities allocated between bidding zones in Member States and third countries per direction, per allocated product and period.

(a)

in points (a) and (e) of paragraph 1 shall be published no later than one hour after each capacity allocation;

(b)

in point (b) of paragraph 1 shall be published no later than one hour after each round of nomination;

(c)

in point (c) of paragraph 1 shall be published at the latest when publication of offered capacity figures become due as set out in the Annex;

(d)

in point (d) of paragraph 1 shall be published no later than one hour after gate closure;

(e)

in point (f) of paragraph 1 shall be published every day no later than one hour after the last cut-off time and, if applicable, shall be updated no later than two hours after each intra-day nomination process;

(f)

in point (g) of paragraph 1 shall be published for each market time unit as closely as possible to real time but no later than one hour after the operational period;

(g)

in point (h) of paragraph 1 shall be published no later than one hour after the allocation.

(a)

information relating to redispatching per market time unit, specifying:

(b)

information relating to countertrading per market time unit, specifying:

(c)

the costs incurred in a given month from actions referred to in points (a) and (b) and from any other remedial action.

(a)

in points (a) and (b) of paragraph 1 shall be published as soon as possible but no later than one hour after the operating period, except for the reasons which shall be published as soon as possible but not later than one day after the operating period;

(b)

in point (c) of paragraph 1 shall be published no later than one month after the end of the referred month.

(a)

the sum of generation capacity (MW) installed for all existing production units equalling to or exceeding 1 MW installed generation capacity, per production type;

(b)

information about production units (existing and planned) with an installed generation capacity equalling to or exceeding 100 MW. The information shall contain:

(c)

an estimate of the total scheduled generation (MW) per bidding zone, per each market time unit of the following day;

(d)

a forecast of wind and solar power generation (MW) per bidding zone, per each market time unit of the following day.

(a)

in point (a) of paragraph 1 shall be published annually no later than one week before the end of the year;

(b)

in point (b) of paragraph 1 shall be published annually for the three following years no later than one week before the beginning of the first year to which the data relates;

(c)

in point (c) of paragraph 1 shall be published no later than 18.00 Brussels time, one day before actual delivery takes place;

(d)

in point (d) of paragraph 1 shall be published no later than 18.00 Brussels time, one day before actual delivery takes place. The information shall be regularly updated and published during intra-day trading with at least one update to be published at 8.00 Brussels time on the day of actual delivery. The information shall be provided for all bidding zones only in Member States with more than 1 % feed-in of wind or solar power generation per year or for bidding zones with more than 5 % feed-in of wind or solar power generation per year.

(a)

the planned unavailability of 100 MW or more of a generation unit including changes of 100 MW or more in the planned unavailability of that generation unit, expected to last for at least one market time unit up to three years ahead, specifying:

(b)

changes of 100 MW or more in actual availability of a generation unit, expected to last for at least one market time unit, specifying:

(c)

the planned unavailability of a production unit of 200 MW or more including changes of 100 MW or more in the planned unavailability of that production unit, but not published in accordance with subparagraph (a), expected to last for at least one market time unit up to three years ahead, specifying:

(d)

changes of 100 MW or more in actual availability of a production unit with an installed generation capacity of 200 MW or more, but not published in accordance with subparagraph (b), expected to last for at least one market time unit, specifying:

(a)

actual generation output (MW) per market time unit and per generation unit of 100 MW or more installed generation capacity;

(b)

aggregated generation output per market time unit and per production type;

(c)

actual or estimated wind and solar power generation (MW) in each bidding zone per market time unit;

(d)

aggregated weekly average filling rate of all water reservoir and hydro storage plants (MWh) per bidding zone including the figure for the same week of the previous year.

(a)

in point (a) of paragraph 1 shall be published five days after the operational period;

(b)

in point (b) of paragraph 1 shall be published no later than one hour after the operational period;

(c)

in point (c) of paragraph 1 shall be published no later than one hour after the operational period and be updated on the basis of measured values as soon as they become available. The information shall be provided for all bidding zones only in Member States with more than 1 % feed-in of wind or solar power generation per year or for bidding zones with more than 5 % feed-in of wind or solar power generation per year;

(d)

in point (d) of paragraph 1 shall be published on the third working day following the week to which the information relates. The information shall be provided for all bidding zones only in Member States with more than 10 % feed-in of this type of generation per year or for bidding zones with more than 30 % feed-in of this type of generation per year.

(a)

rules on balancing including:

(b)

the amount of balancing reserves under contract (MW) by the TSO, specifying:

(c)

prices paid by the TSO per type of procured balancing reserve and per procurement period (Currency/MW/period);

(d)

accepted aggregated offers per balancing time unit, separately for each type of balancing reserve;

(e)

the amount of activated balancing energy (MW) per balancing time unit and per type of reserve;

(f)

prices paid by the TSO for activated balancing energy per balancing time unit and per type of reserve; price information shall be provided separately for up and down regulation;

(g)

imbalance prices per balancing time unit;

(h)

total imbalance volume per balancing time unit;

(i)

monthly financial balance of the control area, specifying:

(j)

if applicable, information regarding Cross Control Area Balancing per balancing time unit, specifying:

(a)

in point (b) of paragraph 1 shall be published as soon as possible but no later than two hours before the next procurement process takes place;

(b)

in point (c) of paragraph 1 shall be published as soon as possible but no later than one hour after the procurement process ends;

(c)

in point (d) of paragraph 1 shall be published as soon as possible but no later than one hour after the operating period;

(d)

in point (e) of paragraph 1 shall be published as soon as possible but no later than 30 minutes after the operating period. In case the data are preliminary, the figures shall be updated when the data become available;

(e)

in point (f) of paragraph 1 shall be published as soon as possible but no later than one hour after the operating period;

(f)

in point (g) of paragraph 1 shall be published as soon as possible;

(g)

in point (h) of paragraph 1 shall be published as soon as possible but no later than 30 minutes after the operating period. In case the data are preliminary, the figures shall be updated when the data become available;

(h)

in point (i) of paragraph 1 shall be published no later than three months after the operational month. In case the settlement is preliminary, the figures shall be updated after the final settlement;

(i)

in point (j) of paragraph 1 shall be published no later than one hour after the operating period.

15.6.2013   

EN

Official Journal of the European Union

L 163/13

(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)

In accordance with Article 7 of Regulation (EC) No 1831/2003, an application was submitted for the authorisation of a preparation of Bifidobacterium animalis ssp. animalis DSM 16284, Lactobacillus salivarius ssp. salivarius DSM 16351 and Enterococcus faecium DSM 21913. That application was accompanied by the particulars and documents required under Article 7(3) of Regulation (EC) No 1831/2003.

(3)

The application concerns the authorisation of a preparation of Bifidobacterium animalis ssp. animalis DSM 16284, Lactobacillus salivarius ssp. salivarius DSM 16351 and Enterococcus faecium DSM 21913 as a feed additive for chickens for fattening, to be classified in the additive category ‘zootechnical additives’.

(4)

The European Food Safety Authority (‘the Authority’) concluded in its opinion of 14 November 2012 (2) that, under the proposed conditions of use, the preparation of Bifidobacterium animalis ssp. animalis DSM 16284, Lactobacillus salivarius ssp. salivarius DSM 16351 and Enterococcus faecium DSM 21913 does not have an adverse effect on animal health, human health or the environment, and that it has the potential to improve the performance of chickens for fattening. 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 Bifidobacterium animalis ssp. animalis DSM 16284, Lactobacillus salivarius ssp. salivarius DSM 16351 and Enterococcus faecium DSM 21913 shows that the conditions for authorisation, as provided for in Article 5 of Regulation (EC) No 1831/2003, are satisfied. Accordingly, the use of this 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,

15.6.2013   

EN

Official Journal of the European Union

L 163/15

(1)

Commission Implementing Regulation (EU) No 872/2012 (3) has adopted a list of flavouring substances and has introduced that list in Part A of Annex I to Regulation (EC) No 1334/2008.

(2)

That list may be updated in accordance with the common procedure referred to in Regulation (EC) No 1331/2008, either on the initiative of the Commission or following an application by a Member State or by an interested party.

(3)

The flavouring substance 3-acetyl-2,5-dimethylthiophene (FL-no 15.024) is included in the list as a flavouring substance under evaluation for which additional scientific data must be submitted. Such data has been submitted by the applicant.

(4)

The European Food Safety Authority has evaluated the submitted data and concluded on 15 May 2013 that 3-acetyl-2,5-dimethylthiophene is mutagenic both in vitro and in vivo and that therefore its use as flavouring substance raises a safety concern (4).

(5)

Accordingly the use of 3-acetyl-2,5-dimethylthiophene does not comply with the general conditions of use for flavourings set out in Article 4(a) of Regulation (EC) No 1334/2008. Consequently, that substance should be removed from the list without delay in order to protect human health.

(6)

The Commission should use the urgency procedure for the removal of a substance which raises a safety concern from the Union list.

(7)

Pursuant to Article 30 of Regulation (EC) No 1334/2008 flavouring substances not included in the Union list may be placed on the market as such and used in or on food until 22 October 2014. That transitional period should not apply to 3-acetyl-2,5-dimethylthiophene.

(8)

Due to very low use levels and the low total amount that 3-acetyl-2,5-dimethylthiophene has been added yearly to foods in the European Union, the presence of that substance in food does not raise immediate safety concerns. Therefore, taking into account also technical and economic reasons, transitional periods should be laid down to cover food containing the flavouring substance 3-acetyl-2,5-dimethylthiophene, which has been placed on the market or dispatched from third countries for the Union, before the date of entry into force of this Regulation.

(9)

Regulation (EC) No 1334/2008 should therefore be amended accordingly.

(10)

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

15.6.2013   

EN

Official Journal of the European Union

L 163/17

(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 eugenol the conditions of Article 80(1)(a) of Regulation (EC) No 1107/2009 are fulfilled by Commission Implementing Decision 2011/266/EU (3).

(2)

In accordance with Article 6(2) of Directive 91/414/EEC the United Kingdom received on 7 March 2008 an application from Eden Research PLC for the inclusion of the active substance eugenol in Annex I to Directive 91/414/EEC. Implementing Decision 2011/266/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.

(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 30 June 2011.

(4)

The draft assessment report was reviewed by the Member States and the European Food Safety Authority (hereinafter ‘the Authority’). The Authority presented to the Commission its conclusion on the review of the pesticide risk assessment of the active substance eugenol (4) on 15 October 2012. The draft assessment report and the conclusion of the Authority were reviewed by the Member States and the Commission within the Standing Committee on the Food Chain and Animal Health and the draft assessment report was finalised on 17 May 2013 in the format of the Commission review report for eugenol.

(5)

It has appeared from the various examinations made that plant protection products containing eugenol 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 use which was examined and detailed in the Commission review report. It is therefore appropriate to approve eugenol.

(6)

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, however, necessary to include certain conditions and restrictions. It is, in particular, appropriate to require further confirmatory information.

(7)

A reasonable period should be allowed to elapse before approval in order to permit Member States and the interested parties to prepare themselves to meet the new requirements resulting from the approval.

(8)

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 eugenol. 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.

(9)

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.

(10)

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.

(11)

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

(a)

in the case of a product containing eugenol as the only active substance, where necessary, amend or withdraw the authorisation by 31 May 2015 at the latest; or

(b)

in the case of a product containing eugenol as one of several active substances, where necessary, amend or withdraw the authorisation by 31 May 2015 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 those substances, whichever is the latest.

15.6.2013   

EN

Official Journal of the European Union

L 163/21

(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,

15.6.2013   

EN

Official Journal of the European Union

L 163/23

(1)

Article 136(1) of Regulation (EC) No 1234/2007 states that the import duty on products covered by CN codes 1001 19 00, 1001 11 00, ex 1001 91 20 (common wheat seed), ex 1001 99 00 (high quality common wheat other than for sowing), 1002 10 00, 1002 90 00, 1005 10 90, 1005 90 00, 1007 10 90 and 1007 90 00 is to be equal to the intervention price valid for such products on importation and increased by 55 %, minus the cif import price applicable to the consignment in question. However, that duty may not exceed the rate of duty in the Common Customs Tariff.

(2)

Article 136(2) of Regulation (EC) No 1234/2007 lays down that, in order to calculate the import duty referred to in paragraph 1 of that Article, representative cif import prices are to be established on a regular basis for the products in question.

(3)

Under Article 2(2) of Regulation (EU) No 642/2010, the price to be used for the calculation of the import duty on products covered by CN codes 1001 19 00, 1001 11 00, ex 1001 91 20 (common wheat seed), ex 1001 99 00 (high quality common wheat other than for sowing), 1002 10 00, 1002 90 00, 1005 10 90, 1005 90 00, 1007 10 90 and 1007 90 00 is the daily cif representative import price determined as specified in Article 5 of that Regulation.

(4)

Import duties should be fixed for the period from 16 June 2013 and should apply until new import duties are fixed and enter into force.

(5)

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,

15.6.2013   

EN

Official Journal of the European Union

L 163/26

(1)

Commission Decision 2011/30/EU (2) allowed the auditors and audit entities from the third countries and territories listed in the Annex to that Decision to continue their activities in the Union in relation to audit reports concerning the annual or consolidated accounts for financial years starting during the period from 2 July 2010 to 31 July 2012.

(2)

The Commission has carried out assessments of the public oversight, quality assurance, investigation and penalty systems for auditors and audit entities of the third countries and territories listed in the Annex to Decision 2011/30/EU. The assessments were carried out with the assistance of the European Group of Auditors’ Oversight Bodies. The public oversight, quality assurance, investigation and penalty systems for auditors and audit entities of those third countries and territories were assessed in the light of the criteria set out in Articles 29, 30 and 32 of Directive 2006/43/EC which govern the public oversight, quality assurance, investigation and penalty systems for auditors and audit firms of the Member States. The ultimate objective of cooperation between Member States and third country systems of public oversight, quality assurance, investigation and penalty for auditors and audit entities should be to reach mutual reliance on each other’s oversight systems based on their equivalence.

(3)

Following such assessments, it appears that Abu Dhabi, Brazil, Dubai International Financial Centre, Guernsey, Indonesia, Isle of Man, Jersey, Malaysia, Taiwan and Thailand have public oversight, quality assurance, investigation and penalty systems for auditors and audit entities that operate under similar rules to those set out in Articles 29, 30 and 32 of Directive 2006/43/EC. Therefore, it is appropriate to consider the public oversight, quality assurance, investigation and penalty systems for auditors and audit entities of those third countries as equivalent to the public oversight, quality assurance, investigation and penalty systems for auditors and audit firms of the Member States.

(4)

Bermuda, Cayman Islands, Egypt, Mauritius, New Zealand, Russia and Turkey have established or are in the process of establishing public oversight, quality assurance, investigation and penalty systems for auditors and audit entities. However, information about the functioning and the rules governing such systems is not sufficient to carry out an equivalence assessment. In order to carry out a further assessment for the purpose of taking a final equivalence decision in respect of such systems, there is a need to obtain additional information from those third countries and territories in order to better understand their system. Therefore, it is appropriate to extend the transitional period granted by Decision 2011/30/EU in respect of the auditors and audit entities that provide audit reports concerning the annual or consolidated accounts of companies incorporated in those third countries and territories.

(5)

The auditors and audit entities that provide audit reports concerning the annual or consolidated accounts of companies incorporated in Hong Kong, India and Israel benefited from the transitional period granted by Decision 2011/30/EU. Since then, those third countries or territories have not established an independent system of public oversight, quality assurance, investigations and penalties. They have not provided information regarding their audit regulatory and oversight systems. Under these circumstances, it appears that those third countries or territories have not taken the necessary measures to have their audit regulation recognised by the Commission as equivalent to the public oversight, quality assurance, investigation and penalty systems for auditors and audit entities of the Member States. Therefore, the transitional period granted to them by Decision 2011/30/EU should not be extended in respect of the auditors and audit entities that provide audit reports concerning the annual or consolidated accounts of companies incorporated in those third countries.

(6)

In order to protect investors, auditors and audit entities that provide audit reports concerning the annual or consolidated accounts of companies incorporated in the third countries listed in Annex II to this Decision should be able to continue their audit activities during the transitional period in the Union without being registered under Article 45 of Directive 2006/43/EC only if they provide the required information. Provided they give the information, those auditors and audit entities should be able to continue their activities in relation to audit reports concerning annual or consolidated accounts for financial years starting during the period from 1 August 2012 to 31 July 2015. This Decision should not affect the right of the Member States to apply their investigation and penalty systems in respect of such auditors and audit entities.

(7)

Decision 2011/30/EU should therefore be amended accordingly.

(8)

The measures provided for in this Decision are in accordance with the opinion of the Committee established by Article 48(1) of Directive 2006/43/EC,

(1)

in Article 1, the following second paragraph is added:

‘For the purpose of Article 46(1) of Directive 2006/43/EC, the public oversight, quality assurance, investigation and penalty systems for auditors and audit entities of the following third countries and territories shall be considered equivalent to the public oversight, quality assurance, investigation and penalty systems for auditors and audit firms of the Member States in relation to audit activities concerning annual or consolidated accounts for financial years starting from 1 August 2012:

(2)

Article 2 is amended as follows:

(3)

Article 4 is replaced by the following:

‘Article 4

Point 10 of the first paragraph of Article 1 shall cease to apply on 31 July 2013.’;

(4)

the Annex is replaced by Annex I to this Decision;

(5)

Annex II is added as set out in Annex II to this Decision.

15.6.2013   

EN

Official Journal of the European Union

L 163/30

(1)

The term of office of the members of the Executive Board of the Technical Centre for Agricultural and Rural Cooperation, as amended by Decision No 2/2011 of the ACP-EU Committee of Ambassadors (5), will expire on 21 May 2013.

(2)

It is therefore necessary to take a new decision,

—

Dr Daoussa BICHARA CHERIF (Chad),

—

Mr Kahijoro KAHUURE (Namibia),

—

Dr Faletoi Suavi TUILAEPA (Samoa),

—

Prof. Raul BRUNO DE SOUSA (Portugal),

—

Prof. Eric TOLLENS (Belgium),

—

Mr Edwin Anthony VOS (Netherlands).

15.6.2013   

EN

Official Journal of the European Union

L 163/31

15.6.2013   

EN

Official Journal of the European Union

L 163/s3