10.2.2017   

EN

Official Journal of the European Union

L 35/1

(1)

The Commission has negotiated on behalf of the Union an agreement with Tuvalu on the short-stay visa waiver (the ‘Agreement’).

(2)

In accordance with Council Decision (EU) 2016/1342 (2), the Agreement has been signed and is applied on a provisional basis as from 1 July 2016.

(3)

The Agreement sets up a Joint Committee of experts for the management of the Agreement. The Union is to be represented within that Joint Committee by the Commission, which should be assisted by the representatives of the Member States.

(4)

This Decision constitutes a development of the provisions of the Schengen acquis in which the United Kingdom does not take part, in accordance with Council Decision 2000/365/EC (3); the United Kingdom is therefore not taking part in the adoption of this Decision and is not bound by it or subject to its application.

(5)

This Decision constitutes a development of the provisions of the Schengen acquis in which Ireland does not take part, in accordance with Council Decision 2002/192/EC (4); Ireland is therefore not taking part in the adoption of this Decision and is not bound by it or subject to its application.

(6)

The Agreement should be approved,

10.2.2017   

EN

Official Journal of the European Union

L 35/3

(1)

In order to ensure uniform application of the Combined Nomenclature annexed to Council Regulation (EEC) No 2658/87 (2), it is necessary to adopt measures concerning the classification of the goods referred to in the Annex to this Regulation.

(2)

Regulation (EEC) No 2658/87 has laid down the general rules for the interpretation of the Combined Nomenclature. Those rules apply also to any other nomenclature which is wholly or partly based on it or which adds any additional subdivision to it and which is established by specific provisions of the Union, with a view to the application of tariff and other measures relating to trade in goods.

(3)

Pursuant to those general rules, the goods described in column (1) of the table set out in the Annex should be classified under the CN code indicated in column (2), by virtue of the reasons set out in column (3) of that table.

(4)

It is appropriate to provide that binding tariff information issued in respect of the goods concerned by this Regulation which does not conform to this Regulation may, for a certain period, continue to be invoked by the holder in accordance with Article 34(9) of Regulation (EU) No 952/2013. That period should be set at three months.

(5)

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

10.2.2017   

EN

Official Journal of the European Union

L 35/6

(1)

Bis(pentabromophenyl)ether (‘decaBDE’) is widely used as an additive flame retardant with applications in many different sectors, in particular in plastic and textile articles but also in adhesives, sealants, coatings and inks.

(2)

On 29 November 2012, the Member State Committee, referred to in Article 76(1)(e) of Regulation (EC) No 1907/2006, identified decaBDE as a persistent, bioaccumulative and toxic substance (‘PBT’) and a very persistent and very bioaccumulative (‘vPvB’) substance in accordance with points (d) and (e) respectively of Article 57 of Regulation (EC) No 1907/2006. On 19 December 2012 the substance was included in the Candidate List of Substances of Very High Concern (‘SVHC’) for possible inclusion in Annex XIV to REACH.

(3)

On 2 May 2013, Norway proposed that decaBDE should be listed in Annex A (Elimination) to the Stockholm Convention on Persistent Organic Pollutants (POPs).

(4)

Following Norway's proposal, the Commission considered that making decaBDE subject to the authorisation requirement under Regulation (EC) No 1907/2006 was no longer the most appropriate regulatory measure. On 21 June 2013, the Commission requested the European Chemicals Agency (‘the Agency’) to prepare a dossier conforming to the requirements of Annex XV to Regulation (EC) No 1907/2006 (an ‘Annex XV dossier’), with a view to initiating a restriction process under Articles 69 to 73 of that Regulation.

(5)

On 4 August 2014, the Agency, in collaboration with Norway, submitted an Annex XV dossier (2) to its Committee for Risk Assessment (‘RAC’) and its Committee for Socio-Economic Analysis (‘SEAC’). The dossier demonstrated that action on a Union-wide basis is necessary to address the risks to human health and the environment posed by the manufacture, placing on the market or use of decaBDE, on its own, as a constituent of other substances, in mixtures or in articles.

(6)

On 2 June 2015, RAC adopted its opinion, which confirmed that the persistent and bioaccumulative properties of decaBDE give rise to specific concerns about its widespread distribution and potential to cause irreversible long-term harm to the environment, even after emissions have ceased. In addition, exposure to decaBDE may result in neurotoxicity in mammals, including humans.

(7)

RAC agreed with the conclusion of the Annex XV dossier that a general restriction on all uses of decaBDE, with some specific exceptions, would reduce emissions of decaBDE as much as possible in the medium- to long-term.

(8)

On 10 September 2015, SEAC adopted its opinion, indicating that the proposed restriction, as modified by SEAC, is the most appropriate Union-wide measure to reduce emission of decaBDE in terms of its socioeconomic benefits and its socioeconomic costs. SEAC based its opinion on the cost-effectiveness of the proposed restriction, as modified, and on a number of additional qualitative arguments.

(9)

SEAC agreed with the eighteen-month deferral of application of the restriction proposed in the Annex XV dossier to allow stakeholders to take the necessary compliance measures.

(10)

RAC and SEAC agreed with the exemption from the restriction proposed in the Annex XV dossier for the civil aviation sector. Following comments received during the public consultation, SEAC also suggested that it should cover military aircraft.

(11)

The proposed restriction should not apply to electrical and electronic equipment within the scope of Directive 2011/65/EU of the European Parliament and of the Council (3), as the placing on the market of such equipment containing polybrominated diphenyl ethers (‘PBDE’) in a concentration above 0,1 % by weight is already regulated by that Directive.

(12)

RAC and SEAC also agreed to exempt from the proposed restriction articles already placed on the market before the date of application of that restriction.

(13)

Based on information from the public consultation, SEAC suggested exemptions for spare parts for motor vehicles covered by Directive 2007/46/EC of the European Parliament and of the Council (4), for agricultural and forestry vehicles covered by Regulation (EU) No 167/2013 of the European Parliament and of the Council (5) and for machinery covered by Directive 2006/42/EC of the European Parliament and of the Council (6), provided such vehicles and machines are produced before 1 July 2018. SEAC justified those exemptions on the basis of the disproportionate burden that the proposed restriction would impose in relation to such spare parts, given the low volumes involved, the progressive reduction in the quantity of decaBDE required (as vehicles and machinery reached the end-of-life stage) and the cost of testing alternative materials for the production of such spare parts. SEAC saw no basis for treating the spare parts of those vehicles and machines differently, although their life cycles vary.

(14)

The Agency's Forum for Exchange of Information on Enforcement, referred to in Article 76(1)(f) of Regulation (EC) No 1907/2006, was consulted during the restriction process and its recommendations have been taken into account.

(15)

On 28 September 2015, the Agency submitted to the Commission the opinions of RAC and SEAC (7).

(16)

Based on those opinions, the Commission is of the opinion that an unacceptable risk to human health and the environment arises from the manufacture, use or placing on the market of decaBDE, on its own, as a constituent of other substances, in mixtures and in articles. The Commission considers that those risks need to be addressed on a Union wide basis.

(17)

In the light of the remaining uncertainties with regard to the capacity of the recycling sector to ensure the management of waste containing decaBDE, the Commission considers that a longer deferral period than eighteen months is necessary.

(18)

The possibility to ensure the continued availability of decaBDE for the production of aircraft, whether civil or military, should be limited to 10 years from the entry into force of this Regulation, since this should give the industry sufficient time to adapt. Exemptions should also be granted in relation to the production and the placing on the market of spare parts for all aircraft, civil or military, produced before the expiry of that period.

(19)

There should be an exemption for the production and placing on the market of spare parts for vehicles and machinery, referred to in recital 13, that are produced before 2 March 2019.

(20)

Regulation (EC) No 1907/2006 should therefore be amended accordingly.

(21)

The measures provided for in this Regulation are in accordance with the opinion of the Committee established under Article 133 of Regulation (EC) No 1907/2006,

10.2.2017   

EN

Official Journal of the European Union

L 35/10

(1)

Article 28 of Regulation (EC) No 178/2002 sets up ten scientific panels responsible for providing the scientific opinions of the European Food Safety Authority (‘the Authority’), each within their own spheres of competence. Those panels include, among others: the Panel on food additives and nutrient sources added to food (‘ANS Panel’), the Panel on dietetic products, nutrition and allergies (‘NDA Panel’), and the Panel on food contact materials, enzymes, flavourings and processing aids (‘CEF Panel’).

(2)

On 3 February 2016, the Authority submitted a request to the Commission to rename the ANS, NDA and CEF Panels in order to take account of expected changes in technical and scientific development.

(3)

The technical and scientific changes mainly impact the workload of the panels. In particular, the workload of the CEF Panel is likely to increase in the coming years due to the need for evaluation of pending applications for inclusion in the Union list of food enzymes, in accordance with Regulation (EC) No 1332/2008 of the European Parliament and of the Council (2). Therefore, the evaluation of flavourings currently undertaken by the CEF Panel should be assigned to the ANS Panel.

(4)

However, to avoid overloading the current ANS Panel, the evaluation of nutrient sources and other substances with physiological effect added to foods should be assigned to the NDA Panel, as its workload is likely to decrease due to the finalisation of dietary reference values and the decreasing number of applications for inclusion in the list of permitted health claims, in accordance with Regulation (EC) No 1924/2006 of the European Parliament and of the Council (3). Such re-allocation is also in accordance with the expertise of the NDA Panel, as some substances used as nutrient sources fall in the category of novel foods, which are currently assessed by the NDA Panel.

(5)

The name of the three panels concerned is therefore changed by this Regulation as follows: the ANS Panel is renamed into the ‘Panel on food additives and flavourings’, the NDA Panel is renamed into the ‘Panel on nutrition, novel foods and food allergens’, and the CEF Panel is renamed into the ‘Panel on food contact materials, enzymes and processing aids’.

(6)

The current term of office of members of the ANS and CEF Panels will come to an end on 30 June 2017 and the current term of office of members of the eight remaining scientific panels of the Authority, including the NDA Panel, will come to an end on 30 June 2018. In order to give enough time for an efficient organization of the panels by the Authority pursuant to Article 28(5) and (9) of Regulation (EC) No 178/2002, this Regulation applies from 1 July 2018.

(7)

Regulation (EC) No 178/2002 should therefore be amended accordingly.

(8)

The measures provided for in this Regulation are in accordance with the opinion of the Committee on Plants, Animals, Food and Feed,

(1)

point (a) is replaced by the following:

(2)

point (e) is replaced by the following:

(3)

point (j) is replaced by the following:

10.2.2017   

EN

Official Journal of the European Union

L 35/12

(1)

Pursuant to Article 50(2)(b) of Regulation (EU) No 1151/2012, the United Kingdom's application to register the name ‘Traditionally Reared Pedigree Welsh Pork’ was published in the Official Journal of the European Union  (2).

(2)

As no statement of opposition under Article 51 of Regulation (EU) No 1151/2012 has been received by the Commission, the name ‘Traditionally Reared Pedigree Welsh Pork’ should therefore be entered in the register,

10.2.2017   

EN

Official Journal of the European Union

L 35/13

(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,

10.2.2017   

EN

Official Journal of the European Union

L 35/15

(1)

Commission Implementing Regulation (EU) 2016/2080 (3) has opened the sale of skimmed milk powder by a tendering procedure.

(2)

In the light of the tenders received for the fourth partial invitation to tender, a minimum selling price should not be fixed.

(3)

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