ISSN 1977-0677

doi:10.3000/19770677.L_2013.272.eng

Official Journal

of the European Union

L 272

European flag  

English edition

Legislation

Volume 56
12 October 2013


Contents

 

II   Non-legislative acts

page

 

 

REGULATIONS

 

*

Council Regulation (EU) No 971/2013 of 10 October 2013 amending Regulation (EU) No 267/2012 concerning restrictive measures against Iran

1

 

*

Commission Implementing Regulation (EU) No 972/2013 of 9 October 2013 entering a name in the register of protected designations of origin and protected geographical indications (Μεσσαρά (Messara) (PDO))

3

 

*

Commission Implementing Regulation (EU) No 973/2013 of 10 October 2013 approving a minor amendment to the specification for a name entered in the register of protected designations of origin and protected geographical indications (Nürnberger Bratwürste/Nürnberger Rostbratwürste (PGI))

5

 

*

Commission Implementing Regulation (EU) No 974/2013 of 11 October 2013 on the derogations from the rules of origin laid down in Annex II to the Agreement establishing an Association between the European Union and its Member States, on the one hand, and Central America on the other, that apply within quotas for certain products from Nicaragua

10

 

*

Commission Implementing Regulation (EU) No 975/2013 of 11 October 2013 on the derogations from the rules of origin laid down in Annex II to the Agreement establishing an Association between the European Union and its Member States, on the one hand, and Central America on the other, that apply within quotas for certain products from Honduras

20

 

*

Commission Implementing Regulation (EU) No 976/2013 of 11 October 2013 on the derogations from the rules of origin laid down in Annex II to the Agreement establishing an Association between the European Union and its Member States, on the one hand, and Central America on the other, that apply within quotas for certain products from Panama

25

 

*

Commission Implementing Regulation (EU) No 977/2013 of 11 October 2013 on the derogations from the rules of origin laid down in Annex II to the Agreement establishing an Association between the European Union and its Member States, on the one hand, and Central America on the other, that apply within quotas for certain products from Central America

31

 

*

Commission Implementing Regulation (EU) No 978/2013 of 11 October 2013 entering a name in the register of traditional specialities guaranteed [Sklandrausis (TSG)]

33

 

*

Commission Implementing Regulation (EU) No 979/2013 of 11 October 2013 amending Implementing Regulation (EU) No 543/2011 as regards the trigger levels for additional duties on mandarins and satsumas, clementines, artichokes, oranges, pears, lemons, apples and courgettes

35

 

 

Commission Implementing Regulation (EU) No 980/2013 of 11 October 2013 establishing the standard import values for determining the entry price of certain fruit and vegetables

37

 

 

Commission Implementing Regulation (EU) No 981/2013 of 11 October 2013 establishing the allocation coefficient to be applied to applications for export licences for cheese to be exported to the United States of America in 2014 under certain GATT quotas

39

 

 

DIRECTIVES

 

*

Commission Directive 2013/49/EU of 11 October 2013 amending Annex II to Directive 2006/87/EC of the European Parliament and of the Council laying down technical requirements for inland waterway vessels ( 1 )

41

 

 

DECISIONS

 

 

2013/496/EU

 

*

Council Implementing Decision of 7 October 2013 on subjecting 5-(2-aminopropyl)indole to control measures

44

 

*

Council Decision 2013/497/CFSP of 10 October 2013 amending Decision 2010/413/CFSP concerning restrictive measures against Iran

46

 

 

2013/498/EU

 

*

Commission Implementing Decision of 10 October 2013 concerning a Union financial contribution towards surveillance and other emergency measures implemented in Estonia, Latvia, Lithuania and Poland against African swine fever in neighbouring third countries (notified under document C(2013) 6540)

47

 

 

2013/499/EU

 

*

Commission Decision of 10 October 2013 on a measure taken by Germany according to Article 11 of Directive 2006/42/EC of the European Parliament and of the Council prohibiting an electric mini-ATV of the type HB-ATV49Q-Electric manufactured by Huabao Electric Appliance Co. Ltd (notified under document C(2013) 6552)  ( 1 )

55

 


 

(1)   Text with EEA relevance

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

12.10.2013   

EN

Official Journal of the European Union

L 272/1


COUNCIL REGULATION (EU) No 971/2013

of 10 October 2013

amending Regulation (EU) No 267/2012 concerning restrictive measures against Iran

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union, and in particular Article 215 thereof,

Having regard to Council Decision 2010/413/CFSP of 26 July 2010 concerning restrictive measures against Iran and repealing Common Position 2007/140/CFSP (1),

Having regard to the joint proposal of the High Representative of the Union for Foreign Affairs and Security Policy and of the European Commission,

Whereas:

(1)

Council Regulation (EU) No 267/2012 (2) gives effect to the measures provided for in Decision 2010/413/CFSP and provides for, inter alia, the freezing of all funds and economic resources belonging to, owned, held or controlled by the persons, entities and bodies listed in Annexes VIII and IX to that Regulation.

(2)

On 10 October 2013, the Council adopted Decision 2013/497/CFSP (3) which amends Decision 2010/413/CFSP and provides for adjusted listing criteria to include persons and entities that have evaded or violated restrictive measures.

(3)

That measure falls within the scope of the Treaty and regulatory action at the level of the Union is therefore necessary in order to implement it, in particular with a view to ensuring its uniform application by economic operators in all Member States.

(4)

Regulation (EU) No 267/2012 should therefore be amended accordingly,

HAS ADOPTED THIS REGULATION:

Article 1

Article 23(2) of Regulation (EU) No 267/2012 is amended as follows:

(a)

Point (b) is replaced by the following:

"(b)

being a natural or legal person, entity or body that has evaded or violated, or assisted a listed person, entity or body to evade or violate, the provisions of this Regulation, Council Decision 2010/413/CFSP or UNSCR 1737 (2006), UNSCR 1747 (2007), UNSCR 1803 (2008) and UNSCR 1929 (2010);".

(b)

Point (c) is replaced by the following:

"(c)

being a member of the Islamic Revolutionary Guard Corps (IRGC) or a legal person, entity or body owned or controlled by the IRGC or by one or more of its members, or a natural or legal person, entity or body acting on their behalf, or a natural or legal person, entity or body providing insurance or other essential services to IRGC, or to entities owned or controlled by them or acting on their behalf;".

(c)

Point (e) is replaced by the following:

"(e)

being a legal person, entity or body owned or controlled by the Islamic Republic of Iran Shipping Lines (IRISL), or a natural or legal person, entity or body acting on its behalf, or a natural or legal person, entity or body providing insurance or other essential services to IRISL, or to entities owned or controlled by it or acting on its behalf.".

Article 2

This Regulation shall enter into force on the date 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 Luxembourg, 10 October 2013.

For the Council

The President

R. SINKEVIČIUS


(1)  OJ L 195, 27.7.2010. p. 39.

(2)  Council Regulation (EU) No 267/2012 of 23 March 2012 concerning restrictive measures against Iran and repealing Regulation (EU) No 961/2010 (OJ L 88, 24.3.2012, p. 1).

(3)  See page 46 of this Official Journal.


12.10.2013   

EN

Official Journal of the European Union

L 272/3


COMMISSION IMPLEMENTING REGULATION (EU) No 972/2013

of 9 October 2013

entering a name in the register of protected designations of origin and protected geographical indications (Μεσσαρά (Messara) (PDO))

THE EUROPEAN COMMISSION,

Having regard to the Treaty on the Functioning of the European Union,

Having regard to Regulation (EU) No 1151/2012 of the European Parliament and of the Council of 21 November 2012 on quality schemes for agricultural products and foodstuffs (1), and in particular Article 52(2) thereof,

Whereas:

(1)

Regulation (EU) No 1151/2012 repealed and replaced Council Regulation (EC) No 510/2006 of 20 March 2006 on the protection of geographical indications and designations of origin for agricultural products and foodstuffs (2).

(2)

Pursuant to Article 6(2) of Regulation (EC) No 510/2006, Greece’s application to register the name ‘Μεσσαρά’ (Messara) was published in the Official Journal of the European Union  (3).

(3)

As no statement of objection under Article 7 of Regulation (EC) No 510/2006 has been received by the Commission, the name ‘Μεσσαρά’ (Messara) should therefore be entered in the register,

HAS ADOPTED THIS REGULATION:

Article 1

The name contained in the Annex to this Regulation is hereby entered in the register.

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, 9 October 2013.

For the Commission

Joaquín ALMUNIA

Vice-President


(1)  OJ L 343, 14.12.2012, p. 1.

(2)  OJ L 93, 31.3.2006, p. 12.

(3)  OJ C 396, 21.12.2012, p. 24.


ANNEX

Agricultural products intended for human consumption listed in Annex I to the Treaty:

Class 1.5.   Oils and fats (butter, margarine, oils, etc.)

GREECE

Μεσσαρά (Messara) (PDO)


12.10.2013   

EN

Official Journal of the European Union

L 272/5


COMMISSION IMPLEMENTING REGULATION (EU) No 973/2013

of 10 October 2013

approving a minor amendment to the specification for a name entered in the register of protected designations of origin and protected geographical indications (Nürnberger Bratwürste/Nürnberger Rostbratwürste (PGI))

THE EUROPEAN COMMISSION,

Having regard to the Treaty on the Functioning of the European Union,

Having regard to Regulation (EU) No 1151/2012 of the European Parliament and of the Council of 21 November 2012 on quality schemes for agricultural products and foodstuffs (1), and in particular the second sentence of Article 53(2) thereof,

Whereas:

(1)

In accordance with the first subparagraph of Article 53(1) of Regulation (EU) No 1151/2012, the Commission has examined the application from Germany for the approval of an amendment to the specification for the protected geographical indication ‘Nürnberger Bratwürste’/‘Nürnberger Rostbratwürste’, registered under Commission Regulation (EC) No 1257/2003 (2).

(2)

The application concerns the amendment to the description of the product.

(3)

The Commission has examined the amendment in question and decided that it is justified. Since the amendment is minor, the Commission may approve it without recourse to the procedure laid down in Articles 50 to 52 of Regulation (EU) No 1151/2012,

HAS ADOPTED THIS REGULATION:

Article 1

The specification for the protected geographical indication ‘Nürnberger Bratwürste’/‘Nürnberger Rostbratwürste’ is hereby amended in accordance with Annex I to this Regulation.

Article 2

Annex II to this Regulation contains the consolidated Single Document setting out the main points of the specification.

Article 3

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, 10 October 2013.

For the Commission, On behalf of the President,

Dacian CIOLOȘ

Member of the Commission


(1)  OJ L 343, 14.12.2012, p. 1.

(2)  OJ L 177, 16.7.2003, p. 3.


ANNEX I

The following amendment to the specification for the protected geographical indication ‘Nürnberger Bratwürste’/‘Nürnberger Rostbratwürste’ has been approved:

The following text is to be added to the description of the composition after ‘roughly defatted pigmeat’: Fatty meat, particularly pork belly, belly fat, jowl, jowl fat, back and back fat.

1.

The need for the amendment has arisen as a result of the new rules relating to the labelling of the ingredients of foodstuffs (Quantitative Ingredient Declaration – QUID) introduced by Commission Directive 2001/101/EC of 26 November 2001 amending the Labelling Directive, Directive 2000/13/EC of the European Parliament and of the Council. Annex I to the Labelling Directive now stipulates that an ingredient may be described as ‘…-meat’ only if it does not exceed a specified fat and connective tissue content. For pigmeat, fat content may not exceed 30 % and connective tissue content 25 %. An ingredient which exceeds this limit value must be described as ‘fatty meat’ for example.

The recipe for ‘Nürnberger Bratwürste/‘Nürnberger Rostbratwürste’ allows a fat content of more than 30 %. The specification provided only for ‘roughly defatted pigmeat’. In accordance with the QUID requirement, the higher fat content must now be indicated on packaging in accordance with Section 3(1), No 3 of the Foodstuffs Labelling Order (Lebensmittel-Kennzeichnungsverordnung (LMKV)). This amendment to the LMKV in line with the Directive has not been included in the ‘Nürnberger Bratwürste’/‘Nürnberger Rostbratwürste’ recipe or specification to date. The recipe and the specification must therefore be amended to bring the product into line with the new labelling requirements.

The Association for the protection of ‘Nürnberger Bratwürste’ (Schutzverband Nürnberger Bratwürste) agreed to review the recipe and launch the specification amendment procedure in accordance with Regulation (EC) No 1257/2003 (ref. DPMA 398 99 002.6) on 28 September 2006.

2.

‘Nürnberger Bratwürste’/‘Nürnberger Rostbratwürste’ are traditionally produced with belly, belly fat, jowl, jowl fat, back or back fat according to the recipe that has been handed down. These ingredients are largely responsible for the consistency and smoothness of the sausages. Without these ingredients, the minced meat product would dry out considerably during frying and fall apart. The fatty meat is also largely responsible for the flavour, which is enhanced by the spicy nuances provided by the specific spices characteristic of ‘Nürnberger Bratwürste’/‘Nürnberger Rostbratwürste’.

The purpose of the more detailed list is to clarify the ingredients. There is no common understanding of the term ‘roughly defatted pigmeat’ among experts in the field in Germany. Some consider that ‘roughly defatted pigmeat’ does not include fatty meat. This would mean that the specification of ‘Nürnberger Bratwürste’/‘Nürnberger Rostbratwürste’ had been incomplete from the outset. This is substantiated with reference to a definition in the guidelines on the German Foodstuffs Register in which the terms ‘grob entfettetes Schweinefleisch’ (roughly defatted pigmeat) and ‘Speck’ (fatty meat) are defined separately.

This point in the guidelines is incomprehensible even to the supervisory authorities. The inspection office for north Bavaria (Landesuntersuchungsanstalt Nordbayern) was also involved in the preparation of the initial specification and, with its knowledge of the ingredients, did not consider it necessary to further specify the components despite the situation outlined above. All parties involved naturally assumed that roughly defatted pigmeat could also include some fatty meat. Otherwise, the recipe would not have been able to comprise fat content of up to 35 %. This proportion can be reached only if ‘roughly defatted pigmeat’ includes some belly, belly fat, jowl, jowl fat, back or back fat.

The proportion of fatty meat in the recipe is restricted, firstly, by the 35 % limit applying to fat content. It is limited secondly as a result of the provision stipulating that meat protein free of connective tissue protein (MPFCP) must not be less than 12 %. Since the MPFCP content of fatty meat is only 8 % on average, the higher MPFCP content of at least 12 % in the end product can be achieved only in combination with particularly lean, high-quality meat with a MPFCP content well in excess of 12 %. Specifying the minimum MPFCP content in the recipe therefore limits fatty meat content. The definition of the term ‘roughly defatted pigmeat’ as used in the recipe does not therefore need to be interpreted according to the guidelines. Rather, it is evident from the recipe itself that the term is used in a different sense here than in the guidelines.

Moreover, the guidelines are not binding. It is recognised that the guidelines do not reflect the views of consumers or of specialists in the field, as their views were not sought when the guidelines were prepared. Rather, the guidelines reflect the views of certain interested parties. The guidelines in fact diverge from traditional production practices to a considerable extent. This was already evident in the preparation of the ‘Nürnberger Bratwürste PGI’/‘Nürnberger Rostbratwürste PGI’ specification, as the composition of ‘Nürnberger Bratwürste’/‘Nürnberger Rostbratwürste’ described here was considerably different to the actual recipe used locally. Consequently, the guidelines were amended after the registration process. The traditional practices applied in the production of ‘Nürnberger Bratwürste’/‘Nürnberger Rostbratwürste’ should also constitute the reference point for the definition of the ingredient ‘roughly defatted pigmeat’ as used in the recipe. Here the ingredients ‘belly, belly fat, jowl, jowl fat, back or back fat’ are traditionally used. In the interests of clarity for all parties, the ingredients ‘fatty meat, particularly pork belly, belly fat, jowl, jowl fat, back and back fat’ will now be listed explicitly in the recipe.


ANNEX II

Consolidated single document

Council Regulation (EC) No 510/2006 of 20 March 2006 on the protection of geographical indications and designations of origin for agricultural products and foodstuffs (1)

‘NÜRNBERGER BRATWÜRSTE’/‘NÜRNBERGER ROSTBRATWÜRSTE’

EC No: DE-PGI-0105-0184-28.09.2010

PGI ( X ) PDO ( )

1.   Name

‘Nürnberger Bratwürste’/‘Nürnberger Rostbratwürste’

2.   Member State or Third Country

Germany

3.   Description of the agricultural product or foodstuff

3.1.   Type of product

Class 1.2.

Meat products (cooked, salted, smoked, etc.)

3.2.   Description of product to which the name in (1) applies

7-9 cm long grilling sausage in a tight sheep casing, medium-chopped; unit weight raw approximately 20-25 g;

Composition:

Roughly defatted pigmeat, fatty meat, particularly pork belly, belly fat, jowl, jowl fat, back and back fat, no filler, not cured (with the exception of smoked Bratwürste), the spice mixture varies according to the traditional recipe, marjoram especially is typical; there must be not less than 12 % of meat protein free of connective tissue protein, and an absolute fat content of not more than 35 %; the percentage of meat protein free of connective tissue protein in the meat protein is not less than 75 % vol. (histometrically) and not less than 80 % (chemically).

3.3.   Raw materials (for processed products only)

Fatty meat, particularly pork belly, belly fat, jowl, jowl fat, back and back fat; the fat content of the end product is limited to 35 %, there must not be less than 12 % of meat protein free of connective tissue protein (MPFCP); spice mixture, especially marjoram; sheep casings.

3.4.   Feed (for products of animal origin only)

3.5.   Specific steps in production that must take place in the identified geographical area

All steps in the production of ‘Nürnberger Bratwürste’/‘Nürnberger Rostbratwürste’ take place in the identified geographical area. They are as follows:

reduction of the meat by grinding or mincing,

mixing of the reduced meat and mixing with spices to create the sausage mixture,

filling of the sheep casings.

3.6.   Specific rules concerning slicing, grating, packaging, etc.

3.7.   Specific rules concerning labelling

4.   Concise definition of the geographical area

Area of the city of Nuremberg.

5.   Link with the geographical area

5.1.   Specificity of the geographical area

The production of Bratwürste in Nuremberg is a centuries-old tradition which can be proved to go back to 1313. The typical reduction of the length and weight of ‘Nürnberger Bratwürste’/‘Nürnberger Rostbratwürste’ can be traced back to at least 1573. Nuremberg’s location at the intersection of two important trade routes meant that oriental spices were available in Nuremberg for making sausages from an early time.

The current tradition of Bratwurst production in Nuremberg has an illustrious past. ‘Nürnberger Bratwürste’/‘Nürnberger Rostbratwürste’ were greatly appreciated by Goethe and Jean Paul, for example. The Bratwurst-Glöcklein in the St. Sebald area was one of the most famous public houses in 19th century Germany; not only was it open to aristocrats and plutocrats, but it was also an essential stop for every visitor to the city.

5.2.   Specificity of the product

‘Nürnberger Bratwürste’/‘Nürnberger Rostbratwürste’ are characterised by their unusual small shape and marjoram notes. They conform to a high-quality standard which has long been controlled, are known well beyond the Nuremberg region and are highly regarded by consumers.

This is reflected in the fact that the standard programme of a city visit today includes eating ‘Nürnberger Bratwürste’/‘Nürnberger Rostbratwürste’ in one of the many ‘Bratwurstküchen’ or ‘Wurstbratereien’ in Nuremberg’s city centre.

5.3.   Causal link between the geographical area and the quality or characteristics of the product (for PDO) or a specific quality, the reputation or other characteristic of the product (for PGI)

The centuries-old tradition of Bratwurst production in Nuremberg, the high quality standard which has long been controlled and the unusual small shape have made ‘Nürnberger Bratwürste’/‘Nürnberger Rostbratwürste’ known and highly appreciated throughout Germany and the world.

The speciality emerged in the former Imperial City of Nuremburg as a result of its geographical location as a key intersection on the trade and spice routes from East Asia, introducing spices such as marjoram, nutmeg and pepper. It was the availability of these spices from Asia that made production possible in the first place. As Nuremburg was a city involved in much long-distance trade and with a number of refined modern traditions, ever smaller, more refined, better spiced sausages were produced here, which in time became the famous ‘Nürnberger Bratwürste’.

Unlike the country areas, the city placed greater emphasis on quality from the outset. While quantity took precedence elsewhere, the principle on which production in Nuremburg was based was quality over quantity, and it was this which resulted in the small size of the sausages.

Compliance with the recipe and quality date back to the supervisory rules of the Nuremburg city council. Nuremburg may well lay claim to the oldest foodstuffs supervision scheme, which is mentioned in the penal code dating from the year 1300.

By publishing the recipe, exercising strict supervision and restricting production to the city area, the city of Nuremberg has helped to ensure that the character of the sausage is an indication of its origin.

The link with the geographical area was therefore based initially on the geographical location as a key intersection on spice and trade routes and on the early introduction of supervision of foodstuffs. The geographical location and foodstuffs supervision and the associated protection of the recipe therefore resulted in the particular quality of the sausages. The imperial city with its extensive trade network across the world resulted a speciality which was very well known from the Middle Ages onwards. Today the link is based on the renown enjoyed by this speciality which is traditionally appreciated worldwide.

Reference to publication of the specification

(Article 5(7) of Regulation (EC) No 510/2006)

Markenblatt Vol. 44 of 2.11.2007, Part 7a-bb, p. 20269

https://register.dpma.de/DPMAregister/geo/detail.pdfdownload/142


(1)  OJ L 93, 31.3.2006, p. 12. Replaced by Regulation (EU) No 1151/2012 of the European Parliament and of the Council of 21 November 2012 on quality schemes for agricultural products and foodstuffs (OJ L 343, 14.12.2012, p. 1).


12.10.2013   

EN

Official Journal of the European Union

L 272/10


COMMISSION IMPLEMENTING REGULATION (EU) No 974/2013

of 11 October 2013

on the derogations from the rules of origin laid down in Annex II to the Agreement establishing an Association between the European Union and its Member States, on the one hand, and Central America on the other, that apply within quotas for certain products from Nicaragua

THE EUROPEAN COMMISSION,

Having regard to the Treaty on the Functioning of the European Union,

Having regard to Council Decision 2012/734/EU of 25 June 2012 on the signing, on behalf of the European Union, of the Agreement establishing an Association between the European Union and its Member States, on the one hand, and Central America on the other, and the provisional application of Part IV thereof concerning trade matters (1), and in particular Article 6 thereof,

Whereas:

(1)

By Decision 2012/734/EU, the Council authorised the signing, on behalf of the Union, of the Agreement establishing an Association between the European Union and its Member States, on the one hand, and Central America on the other (hereinafter referred to as ‘the Agreement’). Pursuant to Decision 2012/734/EU, the Agreement is to be applied on a provisional basis, pending the completion of the procedures for its conclusion.

(2)

Annex II to the Agreement concerns the definition of the concept of ‘originating products’ and methods of administrative cooperation. For a number of products, Appendix 2A to that Annex provides for the possibility of derogations from the rules of origin set out in Appendix 2 to Annex II in the framework of annual quotas. As the Union has decided to use that possibility, it is necessary to provide the conditions for the application of those derogations for imports from Nicaragua.

(3)

The quotas set out in Appendix 2A to Annex II should be managed on a first-come, first-served basis in accordance with Commission Regulation (EEC) No 2454/93 of 2 July 1993 laying down provisions for the implementation of Council Regulation (EEC) No 2913/92 establishing the Community Customs Code (2).

(4)

Entitlement to benefit from the tariff concessions should be subject to the presentation of the relevant proof of origin to the customs authorities, as provided for in the Agreement.

(5)

Since the Agreement applies on a provisional basis as of 1 August 2013, this Regulation should apply from the same date.

(6)

The measures provided for in this Regulation are in accordance with the opinion of the Customs Code Committee,

HAS ADOPTED THIS REGULATION:

Article 1

1.   The rules of origin set out in Appendix 2A to Annex II to the Agreement establishing an Association between the European Union and its Member States, on the one hand, and Central America on the other (hereinafter referred to as ‘the Agreement’), shall apply to the products listed in the Annex to this Regulation.

2.   The rules of origin referred to in paragraph 1 shall apply by derogation from the rules of origin set out in Appendix 2 to Annex II to the Agreement, within the quotas set out in the Annex to this Regulation.

Article 2

To benefit from the derogation set out in Article 1, the products listed in the Annex shall be accompanied by a proof of origin as set out in Annex II to the Agreement.

Article 3

The quotas set out in the Annex shall be managed in accordance with Articles 308a, 308b and 308c of Regulation (EEC) No 2454/93.

Article 4

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

It shall apply from 1 August 2013.

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

Done at Brussels, 11 October 2013.

For the Commission

The President

José Manuel BARROSO


(1)  OJ L 346, 15.12.2012, p. 1.

(2)  OJ L 253, 11.10.1993, p. 1.


ANNEX

NICARAGUA

Notwithstanding the rules for the interpretation of the Combined Nomenclature, the wording of the description of the products is to be considered as having no more than an indicative value, the scope of the preferential scheme being determined, within the context of this Annex, by CN codes as they exist at the time of adoption of this Regulation.

For the tariff quotas with quota order numbers from 09.7105 to 09.7138, the global yearly quota volume may not exceed the following number of items (pairs) for the respective calendar year:

HS

2013

2014

2015

2016

2017

From 2018

Total Units per year (global quota per year, caps per subheading)

3 645 833

9 537 500

10 325 000

11 112 500

11 900 000

12 687 500


Order No

CN code

Description of goods

Quota period

Annual quota volume (in items (pairs) if not otherwise specified)

09.7105

6104 23 00

Women’s or girls’ ensembles, of synthetic fibres

From 1.8.2013 to 31.12.2013

20 833

From 1.1.2014 to 31.12.2014

54 000

From 1.1.2015 to 31.12.2015

58 000

From 1.1.2016 to 31.12.2016

62 000

From 1.1.2017 to 31.12.2017

66 000

From 1.1.2018 to 31.12.2018 and for each period thereafter from 1.1 to 31.12

70 000

09.7106

6104 42 00

Women’s or girls’ dresses, of cotton

From 1.8.2013 to 31.12.2013

81 250

From 1.1.2014 to 31.12.2014

210 600

From 1.1.2015 to 31.12.2015

226 200

From 1.1.2016 to 31.12.2016

241 800

From 1.1.2017 to 31.12.2017

257 400

From 1.1.2018 to 31.12.2018 and for each period thereafter from 1.1 to 31.12

273 000

09.7107

6104 43 00

Women’s or girls’ dresses, of synthetic fibres

From 1.8.2013 to 31.12.2013

31 250

From 1.1.2014 to 31.12.2014

81 000

From 1.1.2015 to 31.12.2015

87 000

From 1.1.2016 to 31.12.2016

93 000

From 1.1.2017 to 31.12.2017

99 000

From 1.1.2018 to 31.12.2018 and for each period thereafter from 1.1 to 31.12

105 000

09.7108

6104 53 00

Women’s or girls’ skirts and divided skirts, of synthetic fibres

From 1.8.2013 to 31.12.2013

12 500

From 1.1.2014 to 31.12.2014

32 400

From 1.1.2015 to 31.12.2015

34 800

From 1.1.2016 to 31.12.2016

37 200

From 1.1.2017 to 31.12.2017

39 600

From 1.1.2018 to 31.12.2018 and for each period thereafter from 1.1 to 31.12

42 000

09.7109

6104 63 00

Women’s or girls’ trousers, bib and brace overalls, breeches and shorts, of synthetic fibres

From 1.8.2013 to 31.12.2013

125 000

From 1.1.2014 to 31.12.2014

324 000

From 1.1.2015 to 31.12.2015

348 000

From 1.1.2016 to 31.12.2016

372 000

From 1.1.2017 to 31.12.2017

396 000

From 1.1.2018 to 31.12.2018 and for each period thereafter from 1.1 to 31.12

420 000

09.7110

6105 10 00

Men’s or boys’ shirts, knitted or crocheted, of cotton

From 1.8.2013 to 31.12.2013

320 833

From 1.1.2014 to 31.12.2014

831 600

From 1.1.2015 to 31.12.2015

893 200

From 1.1.2016 to 31.12.2016

954 800

From 1.1.2017 to 31.12.2017

1 016 400

From 1.1.2018 to 31.12.2018 and for each period thereafter from 1.1 to 31.12

1 078 000

09.7111

6106 10 00

Women’s or girls’ blouses, shirts and shirt-blouses, knitted or crocheted, of cotton

From 1.8.2013 to 31.12.2013

245 833

From 1.1.2014 to 31.12.2014

637 200

From 1.1.2015 to 31.12.2015

684 400

From 1.1.2016 to 31.12.2016

731 600

From 1.1.2017 to 31.12.2017

778 800

From 1.1.2018 to 31.12.2018 and for each period thereafter from 1.1 to 31.12

826 000

09.7112

6106 20 00

Women’s or girls’ blouses, shirts and shirt-blouses, knitted or crocheted, of man-made fibres

From 1.8.2013 to 31.12.2013

166 667

From 1.1.2014 to 31.12.2014

432 000

From 1.1.2015 to 31.12.2015

464 000

From 1.1.2016 to 31.12.2016

496 000

From 1.1.2017 to 31.12.2017

528 000

From 1.1.2018 to 31.12.2018 and for each period thereafter from 1.1 to 31.12

560 000

09.7113

6107 11 00

Men’s or boys’ underpants and briefs, knitted or crocheted, of cotton

From 1.8.2013 to 31.12.2013

1 495 833

From 1.1.2014 to 31.12.2014

3 877 200

From 1.1.2015 to 31.12.2015

4 164 400

From 1.1.2016 to 31.12.2016

4 451 600

From 1.1.2017 to 31.12.2017

4 738 800

From 1.1.2018 to 31.12.2018 and for each period thereafter from 1.1 to 31.12

5 026 000

09.7114

6107 12 00

Men’s or boys’ underpants and briefs, of man-made fibres

From 1.8.2013 to 31.12.2013

220 833

From 1.1.2014 to 31.12.2014

572 400

From 1.1.2015 to 31.12.2015

614 800

From 1.1.2016 to 31.12.2016

657 200

From 1.1.2017 to 31.12.2017

699 600

From 1.1.2018 to 31.12.2018 and for each period thereafter from 1.1 to 31.12

742 000

09.7115

6108 22 00

Women’s or girls’ briefs and panties, knitted or crocheted, of man-made fibres

From 1.8.2013 to 31.12.2013

1 158 333

From 1.1.2014 to 31.12.2014

3 002 400

From 1.1.2015 to 31.12.2015

3 224 800

From 1.1.2016 to 31.12.2016

3 447 200

From 1.1.2017 to 31.12.2017

3 669 600

From 1.1.2018 to 31.12.2018 and for each period thereafter from 1.1 to 31.12

3 892 000

09.7116

6109 10 00

T-shirts, singlets and other vests, knitted or crocheted, of cotton

From 1.8.2013 to 31.12.2013

1 620 833

From 1.1.2014 to 31.12.2014

4 201 200

From 1.1.2015 to 31.12.2015

4 512 400

From 1.1.2016 to 31.12.2016

4 823 600

From 1.1.2017 to 31.12.2017

5 134 800

From 1.1.2018 to 31.12.2018 and for each period thereafter from 1.1 to 31.12

5 446 000

09.7117

6109 90

T-shirts, singlets and other vests, knitted or crocheted, of other textile materials than cotton

From 1.8.2013 to 31.12.2013

416 667

From 1.1.2014 to 31.12.2014

1 080 000

From 1.1.2015 to 31.12.2015

1 160 000

From 1.1.2016 to 31.12.2016

1 240 000

From 1.1.2017 to 31.12.2017

1 320 000

From 1.1.2018 to 31.12.2018 and for each period thereafter from 1.1 to 31.12

1 400 000

09.7118

6203 23

Men’s or boys’ ensembles, of synthetic fibres

From 1.8.2013 to 31.12.2013

20 833

From 1.1.2014 to 31.12.2014

54 000

From 1.1.2015 to 31.12.2015

58 000

From 1.1.2016 to 31.12.2016

62 000

From 1.1.2017 to 31.12.2017

66 000

From 1.1.2018 to 31.12.2018 and for each period thereafter from 1.1 to 31.12

70 000

09.7119

6203 42

Men’s or boys’ trousers, bib and brace overalls, breeches and shorts, of cotton

From 1.8.2013 to 31.12.2013

416 667

From 1.1.2014 to 31.12.2014

1 080 000

From 1.1.2015 to 31.12.2015

1 160 000

From 1.1.2016 to 31.12.2016

1 240 000

From 1.1.2017 to 31.12.2017

1 320 000

From 1.1.2018 to 31.12.2018 and for each period thereafter from 1.1 to 31.12

1 400 000

09.7120

6203 43

Men’s or boys’ trousers, bib and brace overalls, breeches and shorts, of synthetic fibres

From 1.8.2013 to 31.12.2013

195 833

From 1.1.2014 to 31.12.2014

507 600

From 1.1.2015 to 31.12.2015

545 200

From 1.1.2016 to 31.12.2016

582 800

From 1.1.2017 to 31.12.2017

620 400

From 1.1.2018 to 31.12.2018 and for each period thereafter from 1.1 to 31.12

658 000

09.7121

6204 43 00

Women’s or girls’ dresses, of synthetic fibres

From 1.8.2013 to 31.12.2013

102 083

From 1.1.2014 to 31.12.2014

264 600

From 1.1.2015 to 31.12.2015

284 200

From 1.1.2016 to 31.12.2016

303 800

From 1.1.2017 to 31.12.2017

323 400

From 1.1.2018 to 31.12.2018 and for each period thereafter from 1.1 to 31.12

343 000

09.7122

6204 44 00

Women’s or girls’ dresses, of artificial fibres

From 1.8.2013 to 31.12.2013

58 333

From 1.1.2014 to 31.12.2014

151 200

From 1.1.2015 to 31.12.2015

162 400

From 1.1.2016 to 31.12.2016

173 600

From 1.1.2017 to 31.12.2017

184 800

From 1.1.2018 to 31.12.2018 and for each period thereafter from 1.1 to 31.12

196 000

09.7123

6204 62

Women’s or girls’ trousers, bib and brace overalls, breeches and shorts, of cotton

From 1.8.2013 to 31.12.2013

570 833

From 1.1.2014 to 31.12.2014

1 479 600

From 1.1.2015 to 31.12.2015

1 589 200

From 1.1.2016 to 31.12.2016

1 698 800

From 1.1.2017 to 31.12.2017

1 808 400

From 1.1.2018 to 31.12.2018 and for each period thereafter from 1.1 to 31.12

1 918 000

09.7124

6204 63

Women’s or girls’ trousers, bib and brace overalls, breeches and shorts, of synthetic fibres

From 1.8.2013 to 31.12.2013

145 833

From 1.1.2014 to 31.12.2014

378 000

From 1.1.2015 to 31.12.2015

406 000

From 1.1.2016 to 31.12.2016

434 000

From 1.1.2017 to 31.12.2017

462 000

From 1.1.2018 to 31.12.2018 and for each period thereafter from 1.1 to 31.12

490 000

09.7125

6205 20 00

Men’s or boys’ shirts, of cotton

From 1.8.2013 to 31.12.2013

137 500

From 1.1.2014 to 31.12.2014

356 400

From 1.1.2015 to 31.12.2015

382 800

From 1.1.2016 to 31.12.2016

409 200

From 1.1.2017 to 31.12.2017

435 600

From 1.1.2018 to 31.12.2018 and for each period thereafter from 1.1 to 31.12

462 000

09.7126

6207 11 00

Men’s or boys’ underpants and briefs, of cotton

From 1.8.2013 to 31.12.2013

152 083

From 1.1.2014 to 31.12.2014

394 200

From 1.1.2015 to 31.12.2015

423 400

From 1.1.2016 to 31.12.2016

452 600

From 1.1.2017 to 31.12.2017

481 800

From 1.1.2018 to 31.12.2018 and for each period thereafter from 1.1 to 31.12

511 000

09.7127

6207 19 00

Men’s or boys’ underpants and briefs, of other textile materials

From 1.8.2013 to 31.12.2013

22 917

From 1.1.2014 to 31.12.2014

59 400

From 1.1.2015 to 31.12.2015

63 800

From 1.1.2016 to 31.12.2016

68 200

From 1.1.2017 to 31.12.2017

72 600

From 1.1.2018 to 31.12.2018 and for each period thereafter from 1.1 to 31.12

77 000

09.7128

6207 21 00

Men’s or boys’ nightshirts and pyjamas, of cotton

From 1.8.2013 to 31.12.2013

39 583

From 1.1.2014 to 31.12.2014

102 600

From 1.1.2015 to 31.12.2015

110 200

From 1.1.2016 to 31.12.2016

117 800

From 1.1.2017 to 31.12.2017

125 400

From 1.1.2018 to 31.12.2018 and for each period thereafter from 1.1 to 31.12

133 000

09.7129

6207 22 00

Men’s or boys’ nightshirts and pyjamas, of man-made fibres

From 1.8.2013 to 31.12.2013

8 333

From 1.1.2014 to 31.12.2014

21 600

From 1.1.2015 to 31.12.2015

23 200

From 1.1.2016 to 31.12.2016

24 800

From 1.1.2017 to 31.12.2017

26 400

From 1.1.2018 to 31.12.2018 and for each period thereafter from 1.1 to 31.12

28 000

09.7130

6207 91 00

Men’s or boys’ singlets and other vests, bathrobes, dressing gowns and similar articles, of cotton

From 1.8.2013 to 31.12.2013

66 667

From 1.1.2014 to 31.12.2014

172 800

From 1.1.2015 to 31.12.2015

185 600

From 1.1.2016 to 31.12.2016

198 400

From 1.1.2017 to 31.12.2017

211 200

From 1.1.2018 to 31.12.2018 and for each period thereafter from 1.1 to 31.12

224 000

09.7131

6208 21 00

Women’s or girls’ nightdresses and pyjamas, of cotton

From 1.8.2013 to 31.12.2013

41 667

From 1.1.2014 to 31.12.2014

108 000

From 1.1.2015 to 31.12.2015

116 000

From 1.1.2016 to 31.12.2016

124 000

From 1.1.2017 to 31.12.2017

132 000

From 1.1.2018 to 31.12.2018 and for each period thereafter from 1.1 to 31.12

140 000

09.7132

6208 22 00

Women’s or girls’ nightdresses and pyjamas, of man-made fibres

From 1.8.2013 to 31.12.2013

37 500

From 1.1.2014 to 31.12.2014

97 200

From 1.1.2015 to 31.12.2015

104 400

From 1.1.2016 to 31.12.2016

111 600

From 1.1.2017 to 31.12.2017

118 800

From 1.1.2018 to 31.12.2018 and for each period thereafter from 1.1 to 31.12

126 000

09.7133

6208 91 00

Women’s or girls’ singlets and other vests, briefs, panties, négligés, bathrobes, dressing gowns and similar articles, of cotton

From 1.8.2013 to 31.12.2013

4 167

From 1.1.2014 to 31.12.2014

10 800

From 1.1.2015 to 31.12.2015

11 600

From 1.1.2016 to 31.12.2016

12 400

From 1.1.2017 to 31.12.2017

13 200

From 1.1.2018 to 31.12.2018 and for each period thereafter from 1.1 to 31.12

14 000

09.7134

6208 92 00

Women’s or girls’ singlets and other vests, briefs, panties, négligés, bathrobes, dressing gowns and similar articles, of man-made fibres

From 1.8.2013 to 31.12.2013

4 167

From 1.1.2014 to 31.12.2014

10 800

From 1.1.2015 to 31.12.2015

11 600

From 1.1.2016 to 31.12.2016

12 400

From 1.1.2017 to 31.12.2017

13 200

From 1.1.2018 to 31.12.2018 and for each period thereafter from 1.1 to 31.12

14 000

09.7135

6212 10

Brassières, whether or not knitted or crocheted

From 1.8.2013 to 31.12.2013

12 500

From 1.1.2014 to 31.12.2014

32 400

From 1.1.2015 to 31.12.2015

34 800

From 1.1.2016 to 31.12.2016

37 200

From 1.1.2017 to 31.12.2017

39 600

From 1.1.2018 to 31.12.2018 and for each period thereafter from 1.1 to 31.12

42 000

09.7136

6212 20 00

Girdles and panty girdles, whether or not knitted or crocheted

From 1.8.2013 to 31.12.2013

208 333

From 1.1.2014 to 31.12.2014

540 000

From 1.1.2015 to 31.12.2015

580 000

From 1.1.2016 to 31.12.2016

620 000

From 1.1.2017 to 31.12.2017

660 000

From 1.1.2018 to 31.12.2018 and for each period thereafter from 1.1 to 31.12

700 000

09.7137

6212 30 00

Corselettes, whether or not knitted or crocheted

From 1.8.2013 to 31.12.2013

8 333

From 1.1.2014 to 31.12.2014

21 600

From 1.1.2015 to 31.12.2015

23 200

From 1.1.2016 to 31.12.2016

24 800

From 1.1.2017 to 31.12.2017

26 400

From 1.1.2018 to 31.12.2018 and for each period thereafter from 1.1 to 31.12

28 000

09.7138

6212 90 00

Corsets, braces, suspenders, garters and similar articles and parts thereof, whether or not knitted or crocheted

From 1.8.2013 to 31.12.2013

416 667

From 1.1.2014 to 31.12.2014

1 080 000

From 1.1.2015 to 31.12.2015

1 160 000

From 1.1.2016 to 31.12.2016

1 240 000

From 1.1.2017 to 31.12.2017

1 320 000

From 1.1.2018 to 31.12.2018 and for each period thereafter from 1.1 to 31.12

1 400 000


12.10.2013   

EN

Official Journal of the European Union

L 272/20


COMMISSION IMPLEMENTING REGULATION (EU) No 975/2013

of 11 October 2013

on the derogations from the rules of origin laid down in Annex II to the Agreement establishing an Association between the European Union and its Member States, on the one hand, and Central America on the other, that apply within quotas for certain products from Honduras

THE EUROPEAN COMMISSION,

Having regard to the Treaty on the Functioning of the European Union,

Having regard to Council Decision 2012/734/EU of 25 June 2012 on the signing, on behalf of the European Union, of the Agreement establishing an Association between the European Union and its Member States, on the one hand, and Central America on the other, and the provisional application of Part IV thereof concerning trade matters (1), and in particular Article 6 thereof,

Whereas:

(1)

By Decision 2012/734/EU, the Council authorised the signing, on behalf of the Union, of the Agreement establishing an Association between the European Union and its Member States, on the one hand, and Central America on the other (hereinafter referred to as ‘the Agreement’). Pursuant to Decision 2012/734/EU, the Agreement is to be applied on a provisional basis, pending the completion of the procedures for its conclusion.

(2)

Annex II to the Agreement concerns the definition of the concept of ‘originating products’ and methods of administrative cooperation. For a number of products, Appendix 2A to that Annex provides for the possibility of derogations from the rules of origin set out in Appendix 2 to Annex II in the framework of annual quotas. As the Union has decided to use that possibility, it is necessary to provide the conditions for the application of those derogations for imports from Honduras.

(3)

The quotas set out in Appendix 2A to Annex II should be managed on a first-come, first-served basis in accordance with Commission Regulation (EEC) No 2454/93 of 2 July 1993 laying down provisions for the implementation of Council Regulation (EEC) No 2913/92 establishing the Community Customs Code (2).

(4)

Entitlement to benefit from the tariff concessions should be subject to the presentation of the relevant proof of origin to the customs authorities, as provided for in the Agreement.

(5)

Since the Agreement applies on a provisional basis as of 1 August 2013, this Regulation should apply from the same date.

(6)

The measures provided for in this Regulation are in accordance with the opinion of the Customs Code Committee,

HAS ADOPTED THIS REGULATION:

Article 1

1.   The rules of origin set out in Appendix 2A to Annex II to the Agreement establishing an Association between the European Union and its Member States, on the one hand, and Central America on the other (hereinafter referred to as ‘the Agreement’), shall apply to the products listed in the Annex to this Regulation.

2.   The rules of origin referred to in paragraph 1 shall apply by derogation from the rules of origin set out in Appendix 2 to Annex II to the Agreement, within the quotas set out in the Annex to this Regulation.

Article 2

To benefit from the derogation set out in Article 1, the products listed in the Annex shall be accompanied by a proof of origin as set out in Annex II to the Agreement.

Article 3

The quotas set out in the Annex shall be managed in accordance with Articles 308a, 308b and 308c of Regulation (EEC) No 2454/93.

Article 4

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

It shall apply from 1 August 2013.

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

Done at Brussels, 11 October 2013.

For the Commission

The President

José Manuel BARROSO


(1)  OJ L 346, 15.12.2012, p. 1.

(2)  OJ L 253, 11.10.1993, p. 1.


ANNEX

HONDURAS

Notwithstanding the rules for the interpretation of the Combined Nomenclature, the wording of the description of the products is to be considered as having no more than an indicative value, the scope of the preferential scheme being determined, within the context of this Annex, by CN codes as they exist at the time of adoption of this Regulation.

Order No

CN code

Description of goods

Quota period

Annual quota volume (in items (pairs) if not otherwise specified)

09.7052

6115

Pantyhose, tights, stockings, socks and other hosiery, including graduated compression hosiery (for example, stockings for varicose veins) and footwear without applied soles, knitted or crocheted

From 1.8.2013 to 31.12.2013

2 916 667

From 1.1.2014 to 31.12.2014 and for each period thereafter from 1.1 to 31.12

7 000 000

09.7053

6205 20 00

Men’s or boys’ shirts, of cotton

From 1.8.2013 to 31.12.2013

4 583 333

From 1.1.2014 to 31.12.2014

11 880 000

From 1.1.2015 to 31.12.2015

12 760 000

From 1.1.2016 to 31.12.2016

13 640 000

From 1.1.2017 to 31.12.2017

14 520 000

From 1.1.2018 to 31.12.2018 and for each period thereafter from 1.1 to 31.12

15 400 000

09.7054

6205 30 00

Men’s or boys’ shirts, of man-made fibres

From 1.8.2013 to 31.12.2013

5 729 167

From 1.1.2014 to 31.12.2014

14 850 000

From 1.1.2015 to 31.12.2015

15 950 000

From 1.1.2016 to 31.12.2016

17 050 000

From 1.1.2017 to 31.12.2017

18 150 000

From 1.1.2018 to 31.12.2018 and for each period thereafter from 1.1 to 31.12

19 250 000

09.7055

6205 90

Men’s or boys’ shirts, of other textile materials

From 1.8.2013 to 31.12.2013

416 667

From 1.1.2014 to 31.12.2014

1 080 000

From 1.1.2015 to 31.12.2015

1 160 000

From 1.1.2016 to 31.12.2016

1 240 000

From 1.1.2017 to 31.12.2017

1 320 000

From 1.1.2018 to 31.12.2018 and for each period thereafter from 1.1 to 31.12

1 400 000

09.7056

6206 30 00

Women’s or girls’ blouses, shirts and shirt-blouses, of cotton

From 1.8.2013 to 31.12.2013

4 166 667

From 1.1.2014 to 31.12.2014

10 800 000

From 1.1.2015 to 31.12.2015

11 600 000

From 1.1.2016 to 31.12.2016

12 400 000

From 1.1.2017 to 31.12.2017

13 200 000

From 1.1.2018 to 31.12.2018 and for each period thereafter from 1.1 to 31.12

14 000 000

09.7057

6206 40 00

Women’s or girls’ blouses, shirts and shirt-blouses, of man-made fibres

From 1.8.2013 to 31.12.2013

5 416 667

From 1.1.2014 to 31.12.2014

14 040 000

From 1.1.2015 to 31.12.2015

15 080 000

From 1.1.2016 to 31.12.2016

16 120 000

From 1.1.2017 to 31.12.2017

17 160 000

From 1.1.2018 to 31.12.2018 and for each period thereafter from 1.1 to 31.12

18 200 000

09.7058

6206 90

Women’s or girls’ blouses, shirts and shirt-blouses, of other textile materials

From 1.8.2013 to 31.12.2013

416 667

From 1.1.2014 to 31.12.2014

1 080 000

From 1.1.2015 to 31.12.2015

1 160 000

From 1.1.2016 to 31.12.2016

1 240 000

From 1.1.2017 to 31.12.2017

1 320 000

From 1.1.2018 to 31.12.2018 and for each period thereafter from 1.1 to 31.12

1 400 000

09.7059

6212 10

Brassières, whether or not knitted or crocheted

From 1.8.2013 to 31.12.2013

2 083 333

From 1.1.2014 to 31.12.2014

5 400 000

From 1.1.2015 to 31.12.2015

5 800 000

From 1.1.2016 to 31.12.2016

6 200 000

From 1.1.2017 to 31.12.2017

6 600 000

From 1.1.2018 to 31.12.2018 and for each period thereafter from 1.1 to 31.12

7 000 000

09.7060

8544 30 00

Ignition wiring sets and other wiring sets of a kind used in vehicles, aircraft or ships

From 1.8.2013 to 31.12.2013

3 333 tonnes net weight

8544 42

Other electric conductors, for a voltage not exceeding 1 000 V, fitted with connectors

8544 49

Other electric conductors, for a voltage not exceeding 1 000 V, not fitted with connectors

From 1.1.2014 to 31.12.2014 and for each period thereafter from 1.1 to 31.12

8 000 tonnes net weight

8544 60

Other electric conductors, for a voltage exceeding 1 000 V


12.10.2013   

EN

Official Journal of the European Union

L 272/25


COMMISSION IMPLEMENTING REGULATION (EU) No 976/2013

of 11 October 2013

on the derogations from the rules of origin laid down in Annex II to the Agreement establishing an Association between the European Union and its Member States, on the one hand, and Central America on the other, that apply within quotas for certain products from Panama

THE EUROPEAN COMMISSION,

Having regard to the Treaty on the Functioning of the European Union,

Having regard to Council Decision 2012/734/EU of 25 June 2012 on the signing, on behalf of the European Union, of the Agreement establishing an Association between the European Union and its Member States, on the one hand, and Central America on the other, and the provisional application of Part IV thereof concerning trade matters (1), and in particular Article 6 thereof,

Whereas:

(1)

By Decision 2012/734/EU, the Council authorised the signing, on behalf of the Union, of the Agreement establishing an Association between the European Union and its Member States, on the one hand, and Central America on the other (hereinafter referred to as ‘the Agreement’). Pursuant to Decision 2012/734/EU, the Agreement is to be applied on a provisional basis, pending the completion of the procedures for its conclusion.

(2)

Annex II to the Agreement concerns the definition of the concept of ‘originating products’ and methods of administrative cooperation. For a number of products, Appendix 2A to that Annex provides for the possibility of derogations from the rules of origin set out in Appendix 2 to Annex II in the framework of annual quotas. As the Union has decided to use that possibility, it is necessary to provide the conditions for the application of those derogations for imports from Panama.

(3)

The quotas set out in Appendix 2A to Annex II should be managed on a first-come, first-served basis in accordance with Commission Regulation (EEC) No 2454/93 of 2 July 1993 laying down provisions for the implementation of Council Regulation (EEC) No 2913/92 establishing the Community Customs Code (2).

(4)

Entitlement to benefit from the tariff concessions should be subject to the presentation of the relevant proof of origin to the customs authorities, as provided for in the Agreement.

(5)

Since the Agreement applies on a provisional basis as of 1 August 2013, this Regulation should apply from the same date.

(6)

The measures provided for in this Regulation are in accordance with the opinion of the Customs Code Committee,

HAS ADOPTED THIS REGULATION:

Article 1

1.   The rules of origin set out in Appendix 2A to Annex II to the Agreement establishing an Association between the European Union and its Member States, on the one hand, and Central America on the other (hereinafter referred to as ‘the Agreement’), shall apply to the products listed in the Annex to this Regulation.

2.   The rules of origin referred to in paragraph 1 shall apply by derogation from the rules of origin set out in Appendix 2 to Annex II to the Agreement, within the quotas set out in the Annex to this Regulation.

Article 2

To benefit from the derogation set out in Article 1, the products shall be accompanied by a proof of origin as set out in Annex II to the Agreement.

Article 3

The quotas set out in the Annex shall be managed in accordance with Articles 308a, 308b and 308c of Regulation (EEC) No 2454/93.

Article 4

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

It shall apply from 1 August 2013.

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

Done at Brussels, 11 October 2013.

For the Commission

The President

José Manuel BARROSO


(1)  OJ L 346, 15.12.2012, p. 1.

(2)  OJ L 253, 11.10.1993, p. 1.


ANNEX

PANAMA

Notwithstanding the rules for the interpretation of the Combined Nomenclature, the wording of the description of the products is to be considered as having no more than an indicative value, the scope of the preferential scheme being determined, within the context of this Annex, by CN codes as they exist at the time of adoption of this Regulation.

Order No

CN code

Description of goods

Quota period

Annual quota volume

(in items (pairs) if not otherwise specified)

09.7061

6103 22 00

Men’s or boys’ ensembles, of cotton

From 1.8.2013 to 31.12.2013

16 667

From 1.1.2014 to 31.12.2014

43 600

From 1.1.2015 to 31.12.2015

47 200

From 1.1.2016 to 31.12.2016

50 800

From 1.1.2017 to 31.12.2017

54 400

From 1.1.2018 to 31.12.2018 and for each period thereafter from 1.1 to 31.12

58 000

09.7062

6104 22 00

Women’s or girls’ ensembles, of cotton

From 1.8.2013 to 31.12.2013

16 667

From 1.1.2014 to 31.12.2014

43 600

From 1.1.2015 to 31.12.2015

47 200

From 1.1.2016 to 31.12.2016

50 800

From 1.1.2017 to 31.12.2017

54 400

From 1.1.2018 to 31.12.2018 and for each period thereafter from 1.1 to 31.12

58 000

09.7063

6106 10 00

Women’s or girls’ blouses, shirts and shirt-blouses, knitted or crocheted, of cotton

From 1.8.2013 to 31.12.2013

58 333

From 1.1.2014 to 31.12.2014

152 600

From 1.1.2015 to 31.12.2015

165 200

From 1.1.2016 to 31.12.2016

177 800

From 1.1.2017 to 31.12.2017

190 400

From 1.1.2018 to 31.12.2018 and for each period thereafter from 1.1 to 31.12

203 000

09.7064

6108 21 00

Women’s or girls’ briefs and panties, knitted or crocheted, of cotton

From 1.8.2013 to 31.12.2013

320 833

From 1.1.2014 to 31.12.2014

839 300

From 1.1.2015 to 31.12.2015

908 600

From 1.1.2016 to 31.12.2016

977 900

From 1.1.2017 to 31.12.2017

1 047 200

From 1.1.2018 to 31.12.2018 and for each period thereafter from 1.1 to 31.12

1 116 500

09.7065

6109 10 00

T-shirts, singlets and other vests, knitted or crocheted, of cotton

From 1.8.2013 to 31.12.2013

458 333

From 1.1.2014 to 31.12.2014

1 199 000

From 1.1.2015 to 31.12.2015

1 298 000

From 1.1.2016 to 31.12.2016

1 397 000

From 1.1.2017 to 31.12.2017

1 496 000

From 1.1.2018 to 31.12.2018 and for each period thereafter from 1.1 to 31.12

1 595 000

09.7066

6110 20

Jerseys, pullovers, cardigans, waistcoats and similar articles, knitted or crocheted, of cotton

From 1.8.2013 to 31.12.2013

333 333

From 1.1.2014 to 31.12.2014

872 000

From 1.1.2015 to 31.12.2015

944 000

From 1.1.2016 to 31.12.2016

1 016 000

From 1.1.2017 to 31.12.2017

1 088 000

From 1.1.2018 to 31.12.2018 and for each period thereafter from 1.1 to 31.12

1 160 000

09.7067

6111 20

Babies’ garments and clothing accessories, knitted or crocheted, of cotton

From 1.8.2013 to 31.12.2013

20 833

From 1.1.2014 to 31.12.2014

54 500

From 1.1.2015 to 31.12.2015

59 000

From 1.1.2016 to 31.12.2016

63 500

From 1.1.2017 to 31.12.2017

68 000

From 1.1.2018 to 31.12.2018 and for each period thereafter from 1.1 to 31.12

72 500

09.7068

6115

Pantyhose, tights, stockings, socks and other hosiery, including graduated compression hosiery (for example, stockings for varicose veins) and footwear without applied soles, knitted or crocheted

From 1.8.2013 to 31.12.2013

625 000

From 1.1.2014 to 31.12.2014 and for each period thereafter from 1.1 to 31.12

1 500 000

09.7069

6203 22

Men’s or boys’ ensembles, of cotton

From 1.8.2013 to 31.12.2013

4 167

From 1.1.2014 to 31.12.2014

10 900

From 1.1.2015 to 31.12.2015

11 800

From 1.1.2016 to 31.12.2016

12 700

From 1.1.2017 to 31.12.2017

13 600

From 1.1.2018 to 31.12.2018 and for each period thereafter from 1.1 to 31.12

14 500

09.7070

6203 42

Men’s or boys’ trousers, bib and brace overalls, breeches and shorts, of cotton

From 1.8.2013 to 31.12.2013

83 333

From 1.1.2014 to 31.12.2014

218 000

From 1.1.2015 to 31.12.2015

236 000

From 1.1.2016 to 31.12.2016

254 000

From 1.1.2017 to 31.12.2017

272 000

From 1.1.2018 to 31.12.2018 and for each period thereafter from 1.1 to 31.12

290 000

09.7071

6203 43

Men’s or boys’ trousers, bib and brace overalls, breeches and shorts, of synthetic fibres

From 1.8.2013 to 31.12.2013

41 667

From 1.1.2014 to 31.12.2014

109 000

From 1.1.2015 to 31.12.2015

118 000

From 1.1.2016 to 31.12.2016

127 000

From 1.1.2017 to 31.12.2017

136 000

From 1.1.2018 to 31.12.2018 and for each period thereafter from 1.1 to 31.12

145 000

09.7072

6205 20 00

Men’s or boys’ shirts, of cotton

From 1.8.2013 to 31.12.2013

41 667

From 1.1.2014 to 31.12.2014

109 000

From 1.1.2015 to 31.12.2015

118 000

From 1.1.2016 to 31.12.2016

127 000

From 1.1.2017 to 31.12.2017

136 000

From 1.1.2018 to 31.12.2018 and for each period thereafter from 1.1 to 31.12

145 000

09.7073

6206 30 00

Women’s or girls’ blouses, shirts and shirt-blouses, of cotton

From 1.8.2013 to 31.12.2013

41 667

From 1.1.2014 to 31.12.2014

109 000

From 1.1.2015 to 31.12.2015

118 000

From 1.1.2016 to 31.12.2016

127 000

From 1.1.2017 to 31.12.2017

136 000

From 1.1.2018 to 31.12.2018 and for each period thereafter from 1.1 to 31.12

145 000

09.7074

6209 20 00

Babies’ garments and clothing accessories, of cotton

From 1.8.2013 to 31.12.2013

20 833

From 1.1.2014 to 31.12.2014

54 500

From 1.1.2015 to 31.12.2015

59 000

From 1.1.2016 to 31.12.2016

63 500

From 1.1.2017 to 31.12.2017

68 000

From 1.1.2018 to 31.12.2018 and for each period thereafter from 1.1 to 31.12

72 500


12.10.2013   

EN

Official Journal of the European Union

L 272/31


COMMISSION IMPLEMENTING REGULATION (EU) No 977/2013

of 11 October 2013

on the derogations from the rules of origin laid down in Annex II to the Agreement establishing an Association between the European Union and its Member States, on the one hand, and Central America on the other, that apply within quotas for certain products from Central America

THE EUROPEAN COMMISSION,

Having regard to the Treaty on the Functioning of the European Union,

Having regard to Council Decision 2012/734/EU of 25 June 2012 on the signing, on behalf of the European Union, of the Agreement establishing an Association between the European Union and its Member States, on the one hand, and Central America on the other, and the provisional application of Part IV thereof concerning trade matters (1), and in particular Article 6 thereof,

Whereas:

(1)

By Decision 2012/734/EU, the Council authorised the signing, on behalf of the Union, of the Agreement establishing an Association between the European Union and its Member States, on the one hand, and Central America on the other (hereinafter referred to as ‘the Agreement’). Pursuant to Decision 2012/734/EU, the Agreement is to be applied on a provisional basis, pending the completion of the procedures for its conclusion.

(2)

Annex II to the Agreement concerns the definition of the concept of ‘originating products’ and methods of administrative cooperation. For a number of products, Appendix 2A to that Annex provides for the possibility of derogations from the rules of origin set out in Appendix 2 to Annex II in the framework of annual quotas. As the Union has decided to use that possibility, it is necessary to provide the conditions for the application of those derogations for imports from Central America.

(3)

The quotas set out in Appendix 2A to Annex II should be managed on a first-come, first-served basis in accordance with Commission Regulation (EEC) No 2454/93 of 2 July 1993 laying down provisions for the implementation of Council Regulation (EEC) No 2913/92 establishing the Community Customs Code (2).

(4)

Entitlement to benefit from the tariff concessions should be subject to the presentation of the relevant proof of origin to the customs authorities, as provided for in the Agreement.

(5)

Since the Agreement applies on a provisional basis as of 1 August 2013, this Regulation should apply from the same date.

(6)

The measures provided for in this Regulation are in accordance with the opinion of the Customs Code Committee,

HAS ADOPTED THIS REGULATION:

Article 1

1.   The rules of origin set out in Appendix 2A to Annex II to the Agreement establishing an Association between the European Union and its Member States, on the one hand, and Central America on the other (hereinafter referred to as ‘the Agreement’), shall apply to the products listed in the Annex to this Regulation.

2.   The rules of origin referred to in paragraph 1 shall apply by derogation from the rules of origin set out in Appendix 2 to Annex II to the Agreement, within the quotas set out in the Annex to this Regulation.

Article 2

To benefit from the derogation set out in Article 1, the products shall be accompanied by a proof of origin as set out in Annex II to the Agreement.

Article 3

The quotas set out in the Annex shall be managed in accordance with Articles 308a, 308b and 308c of Regulation (EEC) No 2454/93.

Article 4

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

It shall apply from 1 August 2013.

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

Done at Brussels, 11 October 2013.

For the Commission

The President

José Manuel BARROSO


(1)  OJ L 346, 15.12.2012, p. 1.

(2)  OJ L 253, 11.10.1993, p. 1.


ANNEX

CENTRAL AMERICA

Notwithstanding the rules for the interpretation of the Combined Nomenclature, the wording of the description of the products is to be considered as having no more than an indicative value, the scope of the preferential scheme being determined, within the context of this Annex, by CN codes as they exist at the time of adoption of this Regulation.

Order No

CN code

Description of goods

Quota period

Quota volume

(in tonnes net weight if not otherwise specified)

09.7014

1604 14 16

Tuna loins

From 1 August to 31 July

4 000

09.7015

3920

Other plates, sheets, film, foil and strip, of plastics, non-cellular and not reinforced, laminated, supported or similarly combined with other materials

From 1 August to 31 July

5 000

09.7016

8544 30 00

Ignition wiring sets and other wiring sets of a kind used in vehicles, aircraft or ships

From 1.8.2013 to 31.12.2013

5 000

8544 42

Other electric conductors, for a voltage not exceeding 1 000 V, fitted with connectors

8544 49

Other electric conductors, for a voltage not exceeding 1 000 V, not fitted with connectors

From 1.1.2014 to 31.12.2014 and for each period thereafter from 1.1 to 31.12

12 000

8544 60

Other electric conductors, for a voltage exceeding 1 000 V


12.10.2013   

EN

Official Journal of the European Union

L 272/33


COMMISSION IMPLEMENTING REGULATION (EU) No 978/2013

of 11 October 2013

entering a name in the register of traditional specialities guaranteed [Sklandrausis (TSG)]

THE EUROPEAN COMMISSION,

Having regard to the Treaty on the Functioning of the European Union,

Having regard to Regulation (EU) No 1151/2012 of the European Parliament and of the Council of 21 November 2012 on quality schemes for agricultural products and foodstuffs (1), and in particular Article 52(2) thereof,

Whereas:

(1)

Regulation (EU) No 1151/2012 repealed and replaced Council Regulation (EC) No 509/2006 of 20 March 2006 on agricultural products and foodstuffs as traditional specialities guaranteed (2).

(2)

Pursuant to Article 8(2) of Regulation (EC) No 509/2006, Latvia’s application to register the name ‘Sklandrausis’ was published in the Official Journal of the European Union  (3).

(3)

As no statement of objection under Article 9 of Regulation (EC) No 509/2006 has been received by the Commission, the name ‘Sklandrausis’ should therefore be entered in the register,

HAS ADOPTED THIS REGULATION:

Article 1

The name contained in the Annex to this Regulation is hereby entered in the register.

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, 11 October 2013.

For the Commission

The President

José Manuel BARROSO


(1)  OJ L 343, 14.12.2012, p. 1.

(2)  OJ L 93, 31.3.2006, p. 1.

(3)  OJ C 349, 15.11.2012, p. 23.


ANNEX

Agricultural products and foodstuffs listed in Annex I, point II, to Regulation (EU) No 1151/2012:

Class 2.3.   Confectionery, bread, pastry, cakes, biscuits and other baker’s wares

LATVIA

Sklandrausis (TSG)


12.10.2013   

EN

Official Journal of the European Union

L 272/35


COMMISSION IMPLEMENTING REGULATION (EU) No 979/2013

of 11 October 2013

amending Implementing Regulation (EU) No 543/2011 as regards the trigger levels for additional duties on mandarins and satsumas, clementines, artichokes, oranges, pears, lemons, apples and courgettes

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), and in particular Article 143(b) in conjunction with Article 4 thereof,

Whereas:

(1)

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) provides for the surveillance of the imports of the products listed in Annex XVIII thereto. That surveillance is to be carried out in accordance with the rules laid down in Article 308d of Commission Regulation (EEC) No 2454/93 of 2 July 1993 laying down provisions for the implementation of Council Regulation (EEC) No 2913/92 establishing the Community Customs Code (3).

(2)

For the purposes of Article 5(4) of the Agreement on Agriculture (4) concluded during the Uruguay Round of multilateral trade negotiations and in the light of the latest data available for 2010, 2011 and 2012, the trigger levels for additional duties should be adjusted from 1 November 2013 for mandarins and satsumas, clementines and artichokes, from 1 December 2013 for oranges and from 1 January 2014 for pears, lemons, apples and courgettes.

(3)

Implementing Regulation (EU) No 543/2011 should therefore be amended accordingly.

(4)

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

(5)

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

HAS ADOPTED THIS REGULATION:

Article 1

Annex XVIII to Implementing Regulation (EU) No 543/2011 is replaced by the text set out 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, 11 October 2013.

For the Commission

The President

José Manuel BARROSO


(1)  OJ L 299, 16.11.2007, p. 1.

(2)  OJ L 157, 15.6.2011, p. 1.

(3)  OJ L 253, 11.10.1993, p. 1.

(4)  OJ L 336, 23.12.1994, p. 22.


ANNEX

‘ANNEX XVIII

ADDITIONAL IMPORT DUTIES: TITLE IV, CHAPTER I, SECTION 2

Without prejudice to the rules governing the interpretation of the Combined Nomenclature, the description of the products is deemed to be indicative only. The scope of the additional duties for the purposes of this Annex is determined by the scope of the CN codes as they stand at the time of the adoption of this Regulation.

Order number

CN code

Description of products

Period of application

Trigger level (tonnes)

78.0015

0702 00 00

Tomatoes

From 1 October to 31 May

462 389

78.0020

From 1 June to 30 September

30 766

78.0065

0707 00 05

Cucumbers

From 1 May to 31 October

13 080

78.0075

From 1 November to 30 April

15 100

78.0085

0709 91 00

Artichokes

From 1 November to 30 June

12 663

78.0100

0709 93 10

Courgettes

From 1 January to 31 December

112 241

78.0110

0805 10 20

Oranges

From 1 December to 31 May

252 542

78.0120

0805 20 10

Clementines

From 1 November to end of February

82 192

78.0130

0805 20 30

0805 20 50

0805 20 70

0805 20 90

Mandarins (including tangerines and satsumas); wilkings and similar citrus hybrids

From 1 November to end of February

81 570

78.0155

0805 50 10

Lemons

From 1 June to 31 December

310 090

78.0160

From 1 January to 31 May

51 670

78.0170

0806 10 10

Table grapes

From 21 July to 20 November

124 303

78.0175

0808 10 80

Apples

From 1 January to 31 August

553 379

78.0180

From 1 September to 31 December

72 914

78.0220

0808 30 90

Pears

From 1 January to 30 April

183 233

78.0235

From 1 July to 31 December

25 489

78.0250

0809 10 00

Apricots

From 1 June to 31 July

4 930

78.0265

0809 29 00

Cherries, other than sour cherries

From 21 May to 10 August

33 967

78.0270

0809 30

Peaches, including nectarines

From 11 June to 30 September

2 712

78.0280

0809 40 05

Plums

From 11 June to 30 September

10 441’


12.10.2013   

EN

Official Journal of the European Union

L 272/37


COMMISSION IMPLEMENTING REGULATION (EU) No 980/2013

of 11 October 2013

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, 11 October 2013.

For the Commission, On behalf of the President,

Jerzy PLEWA

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

MK

49,2

ZZ

49,2

0707 00 05

MK

50,7

TR

121,6

ZZ

86,2

0709 93 10

TR

141,8

ZZ

141,8

0805 50 10

AR

106,6

CL

119,3

IL

100,2

TR

92,4

ZA

112,1

ZZ

106,1

0806 10 10

BR

258,5

MK

32,3

TR

138,6

ZZ

143,1

0808 10 80

AR

101,1

BA

56,1

BR

89,2

CL

153,6

NZ

138,6

ZA

137,6

ZZ

112,7

0808 30 90

AR

199,8

TR

124,7

US

162,0

ZZ

162,2


(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’.


12.10.2013   

EN

Official Journal of the European Union

L 272/39


COMMISSION IMPLEMENTING REGULATION (EU) No 981/2013

of 11 October 2013

establishing the allocation coefficient to be applied to applications for export licences for cheese to be exported to the United States of America in 2014 under certain GATT quotas

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 Regulation (EC) No 1187/2009 of 27 November 2009 laying down special detailed rules for the application of Council Regulation (EC) No 1234/2007 as regards export licences and export refunds for milk and milk products (2), and in particular the first subparagraphs of Article 23(1) and (4) thereof,

Whereas:

(1)

Chapter III, Section 2 of Regulation (EC) No 1187/2009 establishes the procedure for the allocation of export licences for cheese to be exported to the United States of America under the GATT quotas referred to in Article 21 of that Regulation.

(2)

The export licence applications for certain product groups and quotas exceed the quantities available for the 2014 quota year. Allocation coefficients should therefore be established.

(3)

In the case of product groups and quotas for which the applications lodged are for quantities smaller than those available, it is appropriate to provide for the allocation of the remaining quantities to the applicants in proportion to the quantities applied for. The allocation of such further quantities should be conditional upon the competent authority being notified of the quantities accepted by the operator concerned and upon the interested operators lodging a security.

(4)

Given the time limit for carrying out the procedure for establishing those coefficients, as provided for in Article 23 of Regulation (EC) No 1187/2009, this Regulation should apply as soon as possible,

HAS ADOPTED THIS REGULATION:

Article 1

Applications for export licences lodged pursuant to Regulation (EC) No 1187/2009 in respect of the product groups and quotas identified by ‘16-Tokyo and 16-, 17-, 18-, 20-, 21-Uruguay’ in column 3 of the Annex to this Regulation shall be accepted, subject to the application of the allocation coefficients set out in column 5 of that Annex.

Article 2

Applications for export licences lodged pursuant to Regulation (EC) No 1187/2009 in respect of the product groups and quotas identified by ‘22-, 25-Tokyo and 22-, 25-Uruguay’ in column 3 of the Annex to this Regulation shall be accepted for the quantities applied for.

Export licences may be issued for further quantities distributed in accordance with the allocation coefficients set out in column 6 of the Annex, after acceptance by the operator within one week of publication of this Regulation and subject to the lodging of the requisite security.

Article 3

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, 11 October 2013.

For the Commission, On behalf of the President,

Jerzy PLEWA

Director-General for Agriculture and Rural Development


(1)  OJ L 299, 16.11.2007, p. 1.

(2)  OJ L 318, 4.12.2009, p. 1.


ANNEX

Identification of group in accordance with the additional notes in Chapter 4 of the Harmonised Tariff Schedule of the United States

Identification of group and quota

Quantity available for 2014

(in kg)

Allocation coefficient provided for in Article 1

Allocation coefficient provided for in Article 2

Note No

Group

(1)

(2)

(3)

(4)

(5)

(6)

16

Not specifically provided for (NSPF)

16-Tokyo

908 877

0,3080103

 

16-Uruguay

3 446 000

0,1854822

 

17

Blue Mould

17-Uruguay

350 000

0,1001430

 

18

Cheddar

18-Uruguay

1 050 000

0,3431372

 

20

Edam/Gouda

20-Uruguay

1 100 000

0,1700154

 

21

Italian type

21-Uruguay

2 025 000

0,1303088

 

22

Swiss or Emmenthaler cheese other than with eye formation

22-Tokyo

393 006

 

19,6503000

22-Uruguay

380 000

 

9,5000000

25

Swiss or Emmenthaler cheese with eye formation

25-Tokyo

4 003 172

 

3,0793630

25-Uruguay

2 420 000

 

2,7344632


DIRECTIVES

12.10.2013   

EN

Official Journal of the European Union

L 272/41


COMMISSION DIRECTIVE 2013/49/EU

of 11 October 2013

amending Annex II to Directive 2006/87/EC of the European Parliament and of the Council laying down technical requirements for inland waterway vessels

(Text with EEA relevance)

THE EUROPEAN COMMISSION,

Having regard to the Treaty on the Functioning of the European Union,

Having regard to Directive 2006/87/EC of the European Parliament and of the Council of 12 December 2006 laying down technical requirements for inland waterway vessels and repealing Council Directive 82/714/EEC (1), and in particular the first sentence of Article 20, paragraph 1,

After consulting the European Data Protection Supervisor,

Whereas:

(1)

Directive 2006/87/EC, the Rhine Vessel Inspection Regulation and the Commission Regulation (EU) No 164/2010 of 25 January 2010 on the technical specifications for electronic ship reporting in inland navigation referred to in Article 5 of Directive 2005/44/EC of the European Parliament and of the Council on harmonised river information services (RIS) on inland waterways in the Community (2) define the main requirements for the exchange of the minimum set of hull data among vessel certification authorities and RIS authorities.

(2)

Since the entry into force of Directive 2006/87/EC, more than 14 000 crafts have been assigned a Unique European Vessel Identification Number (ENI). The considerable amount of ENIs makes an efficient data exchange hard to manage without a suitable tool. This could lead to higher safety risks during the operation of the vessel (traffic management) but also to administrative problems (e.g. double-counting in statistics). The ENIs are stored in Inland AIS transponders in accordance with Commission Regulation (EC) No 415/2007 of 13 March 2007 concerning the technical specifications for vessel tracking and tracing systems referred to in Article 5 of Directive 2005/44/EC of the European Parliament and of the Council on harmonised river information services (RIS) on inland waterways in the Community (3) in order to be able to automatically identify the vessels in case they are provided with an ENI.

(3)

Competent authorities need these data in particular to avoid assigning two ENIs for one vessel, whereas RIS authorities need the data for several RIS applications, such as keeping lock diaries and preparing lock statistics. The number of Inland AIS transponders is still quickly growing making an efficient data exchange essential for proper functioning of the traffic management. A central electronic register (hull data base) to which all authorities are connected is therefore necessary to create an efficient data exchange and to adapt the Annex to this Directive to technical progress.

(4)

At the same time, the number of the competent authorities that can issue Community inland navigation certificates has significantly increased. At present, 49 authorities from 9 Member States are using the database for identification of a vessel and assigning of ENI. These competent authorities need to obtain reliable information on the vessel and its certificate for preparation of technical inspections and for issuing, renewing or withdrawing these certificates. After the certificate has been issued, renewed or withdrawn all other competent authorities have to be informed. A lack or incorrect information might result in incomplete assessments by the competent authority, which might determine a safety risk and an incorrect application of the requirements set out in Directive 2006/87/EC.

(5)

The increased number of the competent EU authorities and the fact that not all Member States exchange their information about the issuance of ENI’s with other Member States has a negative impact on the effective exchange of information between them, which in turn affects the issuance of certificates pursuant to the requirements of Directive 2006/87/EC since it is possible that two certificates are issued based on the same ENI. This contrasts with the situation on the Rhine where there are only a few authorities issuing certificates and all Rhine authorities are engaged in active communication among themselves making the flow of information between them effective. An efficient data exchange based on the hull data base is therefore a necessary condition for guaranteeing an equivalent level of safety between the Community inland navigation certificate and the certificate issued pursuant to Article 22 of the Revised Convention for Rhine Navigation.

(6)

It is necessary to ensure that the level of protection of individuals with regard to the processing of their personal data in the process of vessel identification complies with the requirements laid down in Directive 95/46/EC of the European Parliament and of the Council of 24 October 1995 on the protection of individuals with regard to the processing of personal data and on the free movement of such data (4) and 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 (5).

(7)

Directive 2006/87/EC should therefore be amended accordingly.

(8)

The measures provided for in this Directive are in accordance with the opinion of the Committee referred to in Article 7 of Council Directive 91/672/EEC of 16 December 1991 on the reciprocal recognition of national boatmasters’ certificates for the carriage of goods and passengers by inland waterway (6),

HAS ADOPTED THIS DIRECTIVE:

Article 1

Annex II to Directive 2006/87/EC is amended as set out in the Annex to this Directive.

Article 2

Member States which have inland waterways as referred to in Article 1(1) of Directive 2006/87/EC shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive within one year from its entry into force. They shall forthwith communicate to the Commission the text of those provisions.

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

Article 3

All processing of personal data for the purposes of this Directive shall be in accordance with Directive 95/46/EC and Regulation (EC) No 45/2001.

Article 4

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

Article 5

This Directive is addressed to the Member States which have inland waterways as referred to in Article 1(1) of Directive 2006/87/EC.

Done at Brussels, 11 October 2013.

For the Commission

The President

José Manuel BARROSO


(1)  OJ L 389, 30.12.2006, p. 1.

(2)  OJ L 57, 6.3.2010, p. 1.

(3)  OJ L 105, 23.4.2007, p. 35.

(4)  OJ L 281, 23.11.1995, p. 31.

(5)  OJ L 8, 12.1.2001, p. 1.

(6)  OJ L 373, 31.12.1991, p. 29.


ANNEX

In Annex II to Directive 2006/87/EC, Article 2.18(6) is replaced by the following:

‘6.

The competent authorities referred to in paragraph 5 shall enter each assigned European Vessel Identification Number, the data for the identification of the vessel set out in Appendix IV as well as any changes without delay into the electronic register kept by the Commission (“the hull data base”). These data may be used by competent authorities of other Member States and the Contracting States of the Mannheim Convention, for the sole purpose of performing administrative measures for maintaining safety and ease of navigation and for implementation of Articles 2.02 to 2.15 and Article 2.18(3) of this Annex as well as Articles 8, 10, 11, 12, 15, 16 and 17 of this Directive.

Member States shall, in accordance with Union and national legislation, take the necessary measures to ensure the confidentiality and reliability of information sent to them pursuant to this Directive and shall only use such information in compliance with this Directive.

The competent authority of a Member State may transfer personal data to a third country or international organisation provided the requirements of Directive 95/46/EC of the European Parliament and of the Council (1), particularly of Articles 25 or 26, are fulfilled and only on a case-by-case basis. The competent authority of the Member State shall ensure that the transfer is necessary for the purposes referred to in subparagraph 1. The competent authority shall ensure that the third country or international organisation does not transfer the data to another third country or international organisation unless it is given express written authorisation and complies with the conditions specified by the competent authority of the Member State.

The transfer of personal data to a third country or international organisation by the Commission shall be carried out provided the requirements of Article 9 of Regulation (EC) No 45/2001 of the European Parliament and of the Council (2) are fulfilled and only on a case-by-case basis. The Commission shall ensure that the transfer is necessary for the purposes referred to in subparagraph 1. The Commission shall ensure that the third country or international organisation does not transfer the data to another third country or international organisation unless it is given express written authorisation and complies with the conditions specified by the Commission.


(1)  OJ L 281, 23.11.1995, p. 31.

(2)  OJ L 8, 12.1.2001, p. 1.’


DECISIONS

12.10.2013   

EN

Official Journal of the European Union

L 272/44


COUNCIL IMPLEMENTING DECISION

of 7 October 2013

on subjecting 5-(2-aminopropyl)indole to control measures

(2013/496/EU)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union,

Having regard to Council Decision 2005/387/JHA of 10 May 2005 on the information exchange, risk-assessment and control of new psychoactive substances (1), and in particular Article 8(3) thereof,

Having regard to the proposal of the European Commission,

Whereas:

(1)

A Risk Assessment Report on the new psychoactive substance 5-(2-aminopropyl)indole was drawn up in accordance with Article 6 of Decision 2005/387/JHA by the extended Scientific Committee of the European Monitoring Centre for Drugs and Drug Addiction (EMCDDA) during a special session, and was subsequently submitted to the Commission and to the Council on 16 April 2013.

(2)

The substance 5-(2-aminopropyl)indole is a synthetic derivative of indole substituted at the phenyl side of the indole ring system. It appears to be a stimulant substance that may also have hallucinogenic effects. 5-(2-aminopropyl)indole has been found mostly in powder form but also in tablet and capsule form. It is commercially available on the internet and from ‘head shops’, marketed as a ‘research chemical’. It has also been detected in samples of a product sold as a ‘legal high’ called ‘Benzo Fury’, and in tablets resembling ecstasy.

(3)

The existing information and data suggest that the acute toxicity of 5-(2-aminopropyl)indole can provoke adverse effects in humans, such as tachycardia and hyperthermia, and may also cause mydriasis, agitation and tremor. 5-(2-aminopropyl)indole may interact with other substances, including medical products and stimulants that act on the monoaminergic system. The specific physical effects of 5-(2-aminopropyl)indole in humans are difficult to determine because there are no published studies assessing its acute and chronic toxicity, its psychological and behavioural effects, or dependence potential, and because of the limited information and data available.

(4)

There have been a total of 24 fatalities registered in four Member States from April to August 2012, in relation to which 5-(2-aminopropyl)indole alone, or in combination with other substances, was detected in post-mortem samples. While it is not possible to determine with certainty the role of 5-(2-aminopropyl)indole in all of the fatalities, in some cases it has been specifically noted in the cause of death. If this new psychoactive substance were to become more widely available and used, the implications for individual and public health could be significant. There is no information available on the social risks posed by 5-(2-aminopropyl)indole.

(5)

Nine European countries have reported to the EMCDDA and to the European Police Office (Europol) that they reported detection of 5-(2-aminopropyl)indole. No prevalence data is available on the use of 5-(2-aminopropyl)indole, but the limited information that exists suggests that it may be consumed in similar environments as other stimulants, such as in the home, in bars and nightclubs or at music festivals.

(6)

There is no information that suggests that 5-(2-aminopropyl)indole is manufactured in the Union, and there is no evidence suggesting the involvement of organised crime in the manufacture, distribution or supply of this new psychoactive substance.

(7)

The substance 5-(2-aminopropyl)indole has no known, established or acknowledged medical value or use, and there is no marketing authorisation covering this new psychoactive substance in the Union. Apart from its use as an analytical reference standard and in scientific research, there is no indication that it is being used for other purposes.

(8)

The substance 5-(2-aminopropyl)indole has not been, nor is it currently, under assessment by the United Nations system, as defined in Decision 2005/387/JHA. Two Member States control this new psychoactive substance under their national legislation by virtue of their obligations under the 1971 United Nations Convention on Psychotropic Substances. Five European countries apply national legislation on new psychoactive substances, dangerous goods or medicines to control 5-(2-aminopropyl)indole.

(9)

The Risk Assessment Report reveals that there is limited scientific evidence available on 5-(2-aminopropyl)indole and points out that further research would be needed to determine the health and social risks that it poses. However, the available evidence and information provides sufficient ground for subjecting 5-(2-aminopropyl)indole to control measures across the Union. As a result of the health risks that it poses, as documented by its detection in several reported fatalities, of the fact that users may unknowingly consume it, and of the lack of medical value or use, 5-(2-aminopropyl)indole should be subjected to control measures across the Union.

(10)

Since six Member States already control 5-(2-aminopropyl)indole by means of different types of legislative provisions, subjecting this substance to control measures across the Union would help avoid the emergence of obstacles to cross-border law enforcement and judicial cooperation, and protect users from the risks that its consumption can pose.

(11)

Decision 2005/387/JHA reserves to the Council implementing powers to enable the provision of a quick, expertise-based response at Union level to the emergence of new psychoactive substances detected and reported by the Member States, by means of submitting those substances to control measures across the Union. As the conditions and procedure for triggering the exercise of such implementing powers have been met, an implementing decision should be adopted in order to put 5-(2-aminopropyl)indole under control across the Union,

HAS ADOPTED THIS DECISION:

Article 1

The new psychoactive substance 5-(2-aminopropyl)indole is hereby subjected to control measures across the Union.

Article 2

By 13 October 2014, Member States shall take the necessary measures, in accordance with their national law, to subject 5-(2-aminopropyl)indole to control measures and criminal penalties, as provided for under their legislation complying with their obligations under the 1971 United Nations Convention on Psychotropic Substances.

Article 3

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

Done at Luxembourg, 7 October 2013.

For the Council

The President

J. BERNATONIS


(1)  OJ L 127, 20.5.2005, p. 32.


12.10.2013   

EN

Official Journal of the European Union

L 272/46


COUNCIL DECISION 2013/497/CFSP

of 10 October 2013

amending Decision 2010/413/CFSP concerning restrictive measures against Iran

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on European Union, and in particular Article 29 thereof,

Whereas:

(1)

On 26 July 2010, the Council adopted Decision 2010/413/CFSP (1).

(2)

The criteria for designation with regard to restrictions on admission into the Union and to the freezing of funds, which cover persons and entities that have assisted designated persons or entities in evading or violating the provisions of the relevant United Nations Security Council Resolutions or of Decision 2010/413/CFSP, should be adjusted in order to include persons and entities that have themselves evaded or violated those provisions.

(3)

Decision 2010/413/CFSP should therefore be amended accordingly,

HAS ADOPTED THIS DECISION:

Article 1

Decision 2010/413/CFSP is hereby amended as follows:

(1)

In Article 19(1), point (b) is replaced by the following:

"(b)

other persons not covered by Annex I that are engaged in, directly associated with, or providing support for Iran's proliferation-sensitive nuclear activities or for the development of nuclear weapon delivery systems, including through the involvement in procurement of the prohibited items, goods, equipment, materials and technology, or persons acting on their behalf or at their direction, or persons that have evaded or violated, or assisted designated persons or entities in evading or violating, the provisions of UNSCR 1737 (2006), UNSCR 1747 (2007), UNSCR 1803 (2008) and UNSCR 1929 (2010) or of this Decision, as well as other members of the IRGC and persons acting on behalf of IRGC or IRISL, and persons providing insurance or other essential services to IRGC and IRISL, or to entities owned or controlled by them or acting on their behalf, as listed in Annex II;".

(2)

In Article 20(1), point (b) is replaced by the following:

"(b)

persons and entities not covered by Annex I that are engaged in, directly associated with, or providing support for, Iran's proliferation-sensitive nuclear activities or for the development of nuclear weapon delivery systems, including through the involvement in procurement of the prohibited items, goods, equipment, materials and technology, or persons or entities acting on their behalf or at their direction, or entities owned or controlled by them, including through illicit means, or persons and entities that have evaded or violated, or assisted designated persons or entities in evading or violating, the provisions of UNSCR 1737 (2006), UNSCR 1747 (2007), UNSCR 1803 (2008) and UNSCR 1929 (2010) or of this Decision, as well as other members and entities of IRGC and IRISL and entities owned or controlled by them or persons and entities acting on their behalf or persons and entities providing insurance or other essential services to IRGC and IRISL, or to entities owned or controlled by them or acting on their behalf, as listed in Annex II;".

Article 2

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

Done at Luxembourg, 10 October 2013.

For the Council

The President

R. SINKEVIČIUS


(1)  Council Decision 2010/413/CFSP of 26 July 2010 concerning restrictive measures against Iran and repealing Common Position 2007/140/CFSP (OJ L 195, 27.7.2010, p. 39).


12.10.2013   

EN

Official Journal of the European Union

L 272/47


COMMISSION IMPLEMENTING DECISION

of 10 October 2013

concerning a Union financial contribution towards surveillance and other emergency measures implemented in Estonia, Latvia, Lithuania and Poland against African swine fever in neighbouring third countries

(notified under document C(2013) 6540)

(Only the Estonian, Latvian, Lithuanian and Polish texts are authentic)

(2013/498/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 8 thereof,

Having regard to Regulation (EU, Euratom) No 966/2012 of the European Parliament and of the Council of 25 October 2012 on the financial rules applicable to the general budget of the Union and repealing Council Regulation (EC, Euratom) No 1605/2002 (2), and in particular Article 84 thereof,

Whereas:

(1)

African swine fever (ASF) is an infectious, usually fatal, viral disease of domestic and wild boars which causes serious disturbances to intra-Union trade in and export to third countries of live pigs and products derived from animals of the porcine species.

(2)

Following the confirmation of ASF in Georgia in 2007, the disease spread to the Russian Federation where numerous outbreaks of that disease have been reported in pigs and wild boar throughout the European part of Russia. Furthermore, in June 2013, Belarus reported the confirmation of an outbreak of ASF in backyard pigs in the region of Grodno, some forty kilometres from the Lithuanian border and close to the border with Poland.

(3)

The ASF situation in countries bordering the European Union constitutes a direct threat to pig holdings within the Union, because the virus may be introduced into Member States bordering the infected third countries through wild boar entering Union territory from infected areas, but also through vehicles which have transported live animals and feed or through the unauthorised introduction into the Union of products derived from animals of the porcine species.

(4)

The risk of ASF introduction into the Union is higher for Estonia, Latvia, Lithuania and Poland due to the occurrence and the evolution of this diseases in the bordering territory of Belarus and the Russian Federation and they have informed the Commission and the other Member States of the measures that they intended to adopt for the protection of their territories and of other Member States.

(5)

Estonia, Latvia, Lithuania and Poland implemented surveillance for the early detection of ASF both in wild boars and domestic pigs and have raised disease awareness and preparedness in the framework of their contingency plans drawn up in accordance with Council Directive 2002/60/EC (3) to ensure a rapid response should ASF be introduced. Lithuania is directly threatened by the presence of ASF across the border in Belarus, in order to minimise the risk of disease spread on its territory should ASF be introduced, Lithuania intends to establish a buffer zone of 10 kilometres along the border with Belarus, in which they will decrease the density of susceptible hosts by promoting slaughter of pigs and preventing restocking of pig holdings.

(6)

Wild boars moving through borders between the affected third countries and the EU pose a risk of ASF introduction, especially in some areas with intensive agriculture where the wild boar is attracted by crops. As a short time risk mitigation measure, in an attempt to reduce this risk and based on available preliminary research data on the efficacy of the use of repellents consisting of synthetic odorous substances suggesting quite high efficiency and a relative long lasting period, Lithuania intends to apply these repellents in some areas of its territory close to its eastern border in order to deter wild boars from entering the maize and other crops fields.

(7)

Cleansing and disinfection of vehicles that were possibly in contact with the ASF virus is one of the precautionary measures against the entry of ASF into the Union. Therefore, Commission Implementing Decision 2013/426/EU (4) lays down certain measures to prevent the introduction into the Union of ASF from Belarus and the Russian Federation and establishes that vehicles which have transported live animals and feed and which enter the Union from infected areas are appropriately cleansed and disinfected, and that such cleansing and disinfection is properly documented.

(8)

Notwithstanding the provisions of Commission Regulation (EC) No 206/2009 (5), the risk of ASF introduction into the Union by personal consignments containing pig products sent by post or carried in the baggage of travellers arriving in particular from Belarus and the Russian Federation, is higher than negligible and requires additional controls at the points of entry.

(9)

In addition, a wide range of stakeholders including veterinarians, professional and non-professional farmers, truck drivers, custom agents, passengers and the general public should be made aware of the risks of ASF introduction and its consequences by means of well-targeted awareness campaigns.

(10)

In the first week of August 2013, Estonia, Latvia, Lithuania and Poland submitted their respective plans and initial estimates of cost for the implementation of emergency measures in the areas considered at risk of introduction of ASF from Belarus and the Russian Federation. Financial support for personnel is required to ensure the implementation of the surveillance activities foreseen in the submitted plans. The plans have been examined by the Commission for Union financial contribution and were found to comply with Directive 2002/60/EC.

(11)

The actions undertaken by Estonia, Latvia, Lithuania and Poland in order to directly reduce the risk of disease introduction into the Union, namely cleansing and disinfection of vehicles, should be co-financed at a rate of 100 %.

(12)

The additional surveillance undertaken by Estonia, Latvia, Lithuania and Poland in the areas at higher risk of disease introduction and the actions undertaken in the framework of the awareness campaign by those Member States should be co-financed at a rate of 50 %.

(13)

The actions undertaken by Lithuania using repellents in defined high risk areas close to its eastern borders in order to reduce the risk of disease introduction into the Union via wild boar, should be co-financed at a rate of 50 %. The special actions undertaken by Lithuania to decrease the density of pigs at the border with Belarus should be co-financed at a rate of 30 %.

(14)

Due to the urgency of the measures, the cost incurred by Estonia, Latvia, Lithuania and Poland since 2 July 2013, the date of notification of the emergency measures, should be eligible for Union financial contributions.

(15)

Article 8(3) of Decision 2009/470/EC provides that the eligible costs and the level, of the financial contribution from the Union must be set out. However, given the need to prevent excessive expenditure for the Union budget, maximum amounts are to be established which reflect the reasonable payment for certain surveillance activities.

(16)

A reasonable payment is a payment for a material or a service at a proportionate price compared to the market price. Pending on-the-spot checks carried out by the Commission, it is now necessary to approve specific financial contribution from the Union to Estonia, Latvia, Lithuania and Poland.

(17)

The payment of the financial contribution shall be subject to the condition that the actions planned have actually been carried out and that the authorities supply all the necessary information to the Commission.

(18)

As the plans submitted by Estonia, Latvia, Lithuania and Poland for emergency measures against the introduction of ASF from Belarus and the Russian Federation carried out in 2013 are a sufficiently detailed framework in the meaning of Article 94 of the Commission Delegated Regulation (EU) No 1268/2012 (6), the present decision constitutes a financing decision for the expenditure provided for in the work programme for grants.

(19)

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.   In the framework of the emergency measures for the protection against ASF taken by Estonia, Latvia, Lithuania and Poland in 2013, those Member States shall be entitled to a specific contribution from the Union to the expenditure incurred for the implementation of the surveillance activities and the serological and virological laboratory testing carried out on samples obtained after 1 July 2013 during surveillance in domestic pigs and wild boars in those Member States.

2.   The financial contribution by the Union shall be at the rate of 50 % of the costs to be incurred by Estonia, Latvia, Lithuania and Poland for the activities referred to in paragraph 1, and shall not exceed:

(i)

EUR 15 000 for Estonia;

(ii)

EUR 80 000 for Latvia;

(iii)

EUR 46 000 for Lithuania;

(iv)

EUR 20 000 for Poland.

3.   The maximum of the cost to be reimbursed to Estonia, Latvia, Lithuania and Poland for the activities referred to in paragraph 1 shall in average not exceed:

(i)

EUR 0,5 per domestic pig sampled;

(ii)

EUR 5 per wild boar sampled;

(iii)

EUR 2 per ELISA test;

(iv)

EUR 10 per PCR test;

(v)

EUR 10 per virological test.

4.   The expenditure eligible for a financial contribution by the Union for the measures referred to in paragraph 1 shall be limited to the costs incurred by the Member States for:

(a)

laboratory testing:

(i)

the purchase of test kits, reagents and all consumables identifiable and especially used for carrying out the laboratory tests;

(ii)

personnel, whatever the status, specifically allocated entirely or in part for carrying out the tests in the premises of the laboratory;

(b)

personnel, whatever the status, specifically allocated to entirelly or in part for the implementation of the surveillance activities of the programmes other than laboratory testing.

(c)

overheads equal to 7 % of the sum of the costs referred to in (a) and (b).

The costs for the personell referred to in points (a)(ii) and (b) are limited to actual salaries plus social security charges and other statuary costs included in the remuneration.

Article 2

1.   In the framework of the emergency measures taken for the protection against ASF in 2013, Estonia, Latvia, Lithuania and Poland shall be entitled to a specific contribution from the Union to the expenditure incurred for the purchase of equipment and consumables for cleansing and disinfection activities carried out in those Member States after the date of 1 July 2013.

2.   The financial contribution by the Union shall be at the rate of 100 % of the costs to be incurred by Estonia, Latvia, Lithuania and Poland for the activities referred to in paragraph 1, and shall not exceed:

(a)

EUR 20 000 for Estonia;

(b)

EUR 735 000 for Latvia;

(c)

EUR 738 000 for Lithuania;

(d)

EUR 98 000 for Poland.

Article 3

1.   In the framework of the emergency measures taken for the protection against ASF in 2013, Estonia, Latvia, Lithuania and Poland shall be entitled to a specific contribution from the Union to the expenditure incurred for the costs of the awareness campaigns implemented in those Member States after the date of 1 July 2013.

2.   The financial contribution by the Union shall be at the rate of 50 % of the costs to be incurred by Estonia, Latvia, Lithuania and Poland for the activities referred to in paragraph 1, and shall not exceed:

(a)

EUR 10 000 for Estonia;

(b)

EUR 14 000 for Latvia;

(c)

EUR 40 000 for Lithuania;

(d)

EUR 25 000 for Poland.

Article 4

1.   In the framework of the emergency measures taken for the protection against ASF in 2013, Lithuania shall be entitled to a specific contribution from the Union to the expenditure incurred for the purchase of repellent substances for wild boars to be used in selected high risk areas of Lithuania after the date of 1 July 2013.

2.   The financial contribution by the Union shall be at the rate of 50 % of the costs to be incurred by Lithuania for the activities referred to in paragraph1, and shall not exceed EUR 30 000.

Article 5

1.   In the framework of the emergency measures taken for the protection against ASF in 2013, Lithuania shall be entitled to specific contribution from the Union to the expenditure incurred for the costs of compensating pig owners for losses caused by early slaughter in the buffer zone of 10 kilometres deep along the border with Belarus.

2.   The financial contribution by the Union shall be at the rate of 30 % of the costs to be incurred by Lithuania and shall not exceed EUR 600 000.

Article 6

1.   The financial contribution from the Union as referred to in Articles 1 to 4 shall be paid on the basis of:

(a)

a final technical report in accordance with Annex I on the technical execution of the surveillance measures referred to in Article 1, including the results attained during the period from 2 July 2013 to 31 December 2013;

(b)

a final financial report, in computerised format, in accordance with Annex II, on the costs incurred during the period from 2 July 2013 to 31 December 2013;

(c)

the results of any on-the-spot checks carried out in accordance with Article 11(1) of Decision 2009/470/EC.

The documents supporting the reports referred to in points (a) and (b) shall be made available for on-the-spot checks referred to in point (c) carried out by the Commission.

2.   The final technical report and the final financial report referred to in paragraph 1(a) and (b) shall be submitted by 30 April 2014 at the latest. If that time limit is not observed, except if duly justified circumstances exist for this delay, the specific financial contribution from the Union shall be reduced by 25 % for every calendar month of delay.

Article 7

This Decision is addressed to the Republic of Estonia, the Republic of Latvia, the Republic of Lithuania and the Republic of Poland.

Done at Brussels, 10 October 2013.

For the Commission

Tonio BORG

Member of the Commission


(1)  OJ L 155, 18.6.2009, p. 30.

(2)  OJ L 298, 26.10.2012, p. 1.

(3)  Council Directive 2002/60/EC of 27 June 2002 laying down specific provisions for the control of African swine fever and amending Directive 92/119/EEC as regards Teschen disease and African swine fever (OJ L 192, 20.7.2002, p. 27).

(4)  Commission Implementing Decision 2013/426/EU of 5 August 2013 on measures to prevent the introduction into the Union of the African swine fever virus from certain third countries or parts of the territory of third countries in which the presence of that disease is confirmed and repealing Decision 2011/78/EU (OJ L 211, 7.8.2013, p. 5).

(5)  Commission Regulation (EC) No 206/2009 of 5 March 2009 on the introduction into the Community of personal consignments of products of animal origin and amending Regulation (EC) No 136/2004 (OJ L 77, 24.3.2009, p. 1).

(6)  Commission Delegated Regulation (EU) No 1268/2012 of 29 October 2012 on the rules of application of Regulation (EU, Euratom) No 966/2012 of the European Parliament and of the Council on the financial rules applicable to the general budget of the Union (OJ L 362, 31.12.2012, p. 1).


ANNEX I

Final technical report on surveillance measures in relation to African swine fever in wild boars and domestic pigs

Member State:

Date:

1.

Technical evaluation of the situation:

1.1.

Epidemiological maps:

1.2.

Information on surveillance:

Member State

Number of domestic pigs sampled

Number of wild boars sampled

Type of test (1)

Number of tests

Number of positive domestic pigs

Number of positive wild boars

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Totals 2013

 

 

 

 

 

 

2.

Achievement of targets and technical difficulties:

3.

Additional epidemiological information: epidemiological inquiries, dead animals found, age distribution of positive reactors, lesions found, etc.:


(1)  Indicate: ELISA, PCR, Ag-ELISA, virus isolation, other (specify).


ANNEX II

Final financial report on emergency measures in relation to African swine fever

Member State:

Date:

1.

Surveillance measures in relation to African swine fever in wild boars and domestic pigs:

Sampling

Category

Cost of sampling

Number of animals sampled

Unit cost per animal sampled

Total cost

Domestic pigs

 

 

 

Wild boars

 

 

 

Personnel

Type

Unit cost

Number of staff

Total costs

 

 

 

 

Laboratory tests

 

Number of tests carried out

Cost of tests (1)

Laboratory test

(1)

Personnel

(2)

Overhead

FOR-L_2013272EN.01005201.notes.0001.xml.jpg

Total Costs

FOR-L_2013272EN.01005201.notes.0002.xml.jpg

Serological tests (ELISA)

 

 

 

 

 

PCR tests

 

 

 

 

 

Virological tests

 

 

 

 

 

2.

Cleansing and disinfection:

2(a)   EQUIPMENT

Description

Cost/value (excl. VAT)

Date of purchase

 

 

 

Total

 

 


2(b)   CONSUMABLES

Description

Cost/value (excl. VAT)

Date of purchase

 

 

 

Total

 

 

3.

Awareness campaigns:

Description of activities

Cost/value (excl. VAT)

Date of delivery

 

 

 

Total

 

 

4.

Use of repellents:

CONSUMABLES

Description

Cost/value (excl. VAT)

Date of purchase

 

 

 

Total

 

 

5.

Pigs slaughtered in the buffer zone at the border with Belarus — for Lithuania:

Holding identification number

Farmer: Surname & Name

Municipality

Date of slaughtering

Number of animal slaughtered per category

Compensation amount paid per category (excl. VAT)

Total compensation paid (excl. VAT)

Date of payment

 

 

 

 

sows

boars

piglets

pigs

sows

boars

piglets

pigs

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

I certify that:

this expenditure was actually incurred, accurately accounted for and eligible under the provisions of this Decision,

all supporting documents relating to the expenditure are available for inspection,

no other Union contribution was requested for these measures and all revenue accruing from operations under them is declared to the Commission,

the programme was executed in accordance with the relevant Union legislation,

control procedures apply, in particular to verify the accuracy of the amounts declared, to prevent, detect and correct irregularities.

Date:

Name and signature of Operational Director:


(1)  All costs are VAT excluded


12.10.2013   

EN

Official Journal of the European Union

L 272/55


COMMISSION DECISION

of 10 October 2013

on a measure taken by Germany according to Article 11 of Directive 2006/42/EC of the European Parliament and of the Council prohibiting an electric mini-ATV of the type HB-ATV49Q-Electric manufactured by Huabao Electric Appliance Co. Ltd

(notified under document C(2013) 6552)

(Text with EEA relevance)

(2013/499/EU)

THE EUROPEAN COMMISSION,

Having regard to the Treaty on the Functioning of the European Union,

Having regard to Directive 2006/42/EC of the European Parliament and of the Council of 17 May 2006 on machinery, and amending Directive 95/16/EC (1), and in particular Article 11 thereof,

Whereas:

(1)

In accordance with Article 11(2) of Directive 2006/42/EC, the German authorities notified to the Commission and to the other Member States a measure prohibiting the placing on the market of an electric mini-ATV (all-terrain vehicle) of the type HB-ATV49Q-Electric manufactured by Huabao Electric Appliance Co. Ltd, Zhiying Street, Guashan Industry Area, Yongkang, Zhejiang, China, imported into the EU by QBB Funsporthandel, Hofstraβe 21, 56841 Traben-Trarbach, Germany.

(2)

The reason for the measure given by the German authorities was the non-conformity of the mini-ATV with the following essential health and safety requirements set out in Annex I to Directive 2006/42/EC:

1.3.2 — Risk of break-up during operation

The frame of the ATV was liable to break up during use due to the low quality of the welding;

1.3.7 — Risks related to moving parts

The belt drive was accessible and was not guarded;

1.7.3 — Marking of machinery

The marking did not include the full name and address of the manufacturer;

1.7.4 — Instructions

The mini-ATV was not accompanied by instructions in German.

(3)

The German authorities also noted that, while the product bore the CE marking, it was not accompanied by an EC Declaration of conformity drawn up and signed by the manufacturer or his authorised representative, as required by Article 5(1)(e) of Directive 2006/42/EC.

(4)

The notification was accompanied by an inspection report established by the Landesamt für Umwelt, Wasserwirtschaft und Gewerbeaufsicht Rheinland-Pfalz.

(5)

In accordance with the procedure set out in Article 11(3) of Directive 2006/42/EC, the Commission wrote to the manufacturer and the importer inviting them to comment on the measure taken by the German authorities. No reply was received.

(6)

Examination of the evidence provided by the German authorities confirms that the electric mini-ATV of the type HB-ATV49Q-Electric manufactured by Huabao Electric Appliance Co. Ltd fails to comply with the essential health and safety requirements of Directive 2006/42/EC and that this non-conformity gives rise to risks of injury to users,

HAS ADOPTED THIS DECISION:

Article 1

The measure taken by the German authorities prohibiting the placing on the market of an electric mini-ATV of the type HB-ATV49Q-Electric manufactured by Huabao Electric Appliance Co. Ltd is justified.

Article 2

This Decision is addressed to the Member States.

Done at Brussels, 10 October 2013.

For the Commission

Antonio TAJANI

Vice-President


(1)  OJ L 157, 9.6.2006, p. 24.