16.6.2017   

EN

Official Journal of the European Union

L 153/1

(1)

Directive 2014/65/EU establishes a system by which suspensions from trading, the lifting of those suspensions and removals from trading are to be published and communicated in a timely and efficient manner.

(2)

Publication of the above information by trading venue operators and competent authorities on websites ensures ease of access without imposing significant additional costs. Therefore, publication on the website should be the primary means of publication and simultaneous dissemination of the information in the Union. In order to ensure that the information is simultaneously made available to everyone, publication by other means should only be possible simultaneously with or after publication on the website.

(3)

Due to the need for speedy and accurate communication enabling the functioning of the exchange of information and of the cooperation set out in Directive 2014/65/EU, uniform formats and timing of the communications and publication allowing all relevant information to be easily and efficiently communicated and published should be provided for. The use of those formats and timing should be without prejudice to using other formats or timing in exceptional and unforeseeable circumstances where the formats and timing laid down in this Regulation would not be appropriate having regard to the large scale and urgency of communications resulting from, for instance, the closure of the entire market.

(4)

For reasons of consistency and in order to ensure the smooth functioning of the financial markets, it is necessary that the provisions laid down in this Regulation and the provisions laid down in Directive 2014/65/EU apply from the same date.

(5)

This Regulation is based on the draft implementing technical standards submitted by the European Securities and Markets Authority (ESMA) to the Commission.

(6)

ESMA has conducted open public consultations on the draft implementing technical standards on which this Regulation is based and requested the opinion of the Securities and Markets Stakeholder Group established by Article 37 of Regulation (EU) No 1095/2010 of the European Parliament and of the Council (2),

(a)

publication by a market operator operating a regulated market or by an investment firm or a market operator operating an MTF or an OTF of its decision to suspend or remove a financial instrument and, where relevant, related derivatives from trading or to lift a suspension;

(b)

communication of the decisions referred to in point (a) to the relevant competent authority;

(c)

publication by a competent authority of its decision to suspend trading or remove from trading a financial instrument and, where relevant, related derivatives or to lift a suspension;

(d)

communication by a competent authority to ESMA and other competent authorities of the decision to suspend trading or to remove from trading a financial instrument and, where relevant, related derivatives or to lift a suspension;

(e)

communication by a notified competent authority to ESMA and other competent authorities of its decision on whether to follow a decision as referred to in point (d).

(a)

a market operator operating a regulated market, an MTF or an OTF;

(b)

an investment firm operating an MTF or an OTF.

16.6.2017   

EN

Official Journal of the European Union

L 153/9

(1)

The use of the preparation of endo-1,4-beta-xylanase produced by Aspergillus oryzae (DSM 10287), belonging to the additive category of ‘zootechnical additives’, was authorised for 10 years as a feed additive for poultry for fattening, weaned piglets and pigs for fattening by Commission Implementing Regulation (EU) No 1206/2012 (2).

(2)

In accordance with Article 13(3) of Regulation (EC) No 1831/2003, the holder of the authorisation has proposed changing the terms of the authorisation of the preparation concerned by requesting for a change in the production strain, from Aspergillus oryzae (DSM 10287) to Aspergillus oryzae (DSM 26372). The application was accompanied by the relevant supporting data. The Commission forwarded that application to the European Food Safety Authority (hereinafter ‘the Authority’).

(3)

The Authority concluded in its opinion of 14 July 2016 (3) that the preparation of endo-1,4-beta-xylanase produced by Aspergillus oryzae (DSM 26372) does not have any adverse effects on animal health, human health and the environment. The Authority further concluded that the additive has the potential to be efficacious as a zootechnical additive in poultry species for fattening, weaned piglets and pigs for fattening. The Authority does not consider that there is a need for specific requirements of post-market monitoring. It also verified the report on the method of analysis of the feed additive in feed submitted by the Reference Laboratory set up by Regulation (EC) No 1831/2003.

(4)

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

(5)

Implementing Regulation (EU) No 1206/2012 should therefore be amended accordingly.

(6)

Since safety reasons do not require the immediate application of the modifications to the conditions of authorisation, it is appropriate to allow a transitional period for interested parties to prepare themselves to meet the new requirements resulting from the authorisation.

(7)

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

16.6.2017   

EN

Official Journal of the European Union

L 153/13

(1)

Regulation (EC) No 1831/2003 provides for the authorisation of additives for use in animal nutrition and for the grounds and procedures for granting such authorisation. Article 10 of that Regulation provides for the re-evaluation of additives authorised pursuant to Council Directive 70/524/EEC (2).

(2)

Lecithins were authorised without a time limit in accordance with Directive 70/524/EEC as feed additive for all animal species. That additive was subsequently entered in the Register of feed additives as an existing product, in accordance with Article 10(1)(b) of Regulation (EC) No 1831/2003.

(3)

In accordance with Article 10(2) of Regulation (EC) No 1831/2003 an application was submitted for the re-evaluation of a preparation of lecithins as feed additive for all animal species. The applicant requested that additive to be classified in the additive category ‘technological additives’ and in the functional group ‘emulsifiers’. That application was accompanied by the particulars and documents required under Article 7(3) of Regulation (EC) No 1831/2003.

(4)

The European Food Safety Authority (‘the Authority’) concluded in its opinion of 13 July 2016 (3) that, under the proposed conditions of use, the preparation of lecithins does not have an adverse effect on animal health, human health or the environment. The Authority also concluded that preparation is considered efficacious for use in feed as emulsifiers. The Authority does not consider that there is a need for specific requirements of post-market monitoring. It also verified the report on the methods of analysis of the feed additives in feed submitted by the Reference Laboratory set up by Regulation (EC) No 1831/2003.

(5)

The assessment of lecithins shows that the conditions for authorisation, as provided for in Article 5 of Regulation (EC) No 1831/2003, are satisfied. Accordingly, the use of that preparation should be authorised as specified in the Annex to this Regulation.

(6)

Since safety reasons do not require the immediate application of the modifications to the conditions of authorisation, it is appropriate to allow a transitional period for interested parties to prepare themselves to meet the new requirements resulting from the authorisation.

(7)

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

16.6.2017   

EN

Official Journal of the European Union

L 153/16

(1)

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

(2)

In accordance with Article 7 of Regulation (EC) No 1831/2003 an application was submitted for the authorisation of the preparation of Lactococcus lactis PCM B/00039, Carnobacterium divergens PCM KKP 2012p, Lactobacillus casei PCM B/00080, Lactobacillus plantarum PCM B/00081 and Saccharomyces cerevisiae PCM KKP 2059p. That application was accompanied by the particulars and documents required under Article 7(3) of Regulation (EC) No 1831/2003.

(3)

That application concerns the authorisation of the preparation of of Lactococcus lactis PCM B/00039, Carnobacterium divergens PCM KKP 2012p, Lactobacillus casei PCM B/00080, Lactobacillus plantarum PCM B/00081 and Saccharomyces cerevisiae PCM KKP 2059p as a feed additive for chickens for fattening, to be classified in the additive category ‘zootechnical additives’.

(4)

The European Food Safety Authority (‘the Authority’) concluded in its opinion of 12 July 2016 (2) that, under the proposed conditions of use, the preparation of Lactococcus lactis PCM B/00039, Carnobacterium divergens PCM KKP 2012p, Lactobacillus casei PCM B/00080, Lactobacillus plantarum PCM B/00081 and Saccharomyces cerevisiae PCM KKP 2059p does not have an adverse effect on animal health, human health or the environment, and that it has a potential to improve zootechnical performance in chickens for fattening. The Authority does not consider that there is a need for specific requirements of post-market monitoring. It also verified the report on the method of analysis of the feed additive in feed submitted by the Reference Laboratory set up by Regulation (EC) No 1831/2003.

(5)

The assessment of the preparation of of Lactococcus lactis PCM B/00039, Carnobacterium divergens PCM KKP 2012p, Lactobacillus casei PCM B/00080, Lactobacillus plantarum PCM B/00081 and Saccharomyces cerevisiae PCM KKP 2059p shows that the conditions for authorisation, as provided for in Article 5 of Regulation (EC) No 1831/2003, are satisfied. Accordingly, the use of that preparation should be authorised as specified in the Annex to this Regulation.

(6)

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

16.6.2017   

EN

Official Journal of the European Union

L 153/21

(1)

Directive 2011/65/EU prohibits the use of lead and cadmium in electrical and electronic equipment placed on the market.

(2)

Optical filter glasses containing cadmium or lead are used in a wide variety of optical applications for many types of electrical and electronic equipment. Both cadmium and lead are used because of the unique optical properties that their use enables, such as ‘sharp cut-off’ in the visible spectrum that is unaffected by viewing angle.

(3)

Though various substitution routes exist, substitutes do not provide sufficient cut-off performance for all applications. In the few cases where alternatives are said to supply sufficient performance in this respect, the materials used are too sensitive to environmental conditions of operation and thus not sufficiently reliable.

(4)

In this sense, alternatives are still not suitable for many applications, for which finding alternatives is complicated and time-demanding, thus five years is a justified duration for the categories 1 to 7 and 10.

(5)

Certain optical filter glasses containing cadmium and/or lead should therefore be exempted until 21 July 2021 for categories 1 to 7 and 10. In view of the innovation cycles for the electrical and electronic equipment affected, the duration of this exemption is unlikely to have adverse impacts on innovation.

(6)

Directive 2011/65/EU should therefore be amended accordingly,

16.6.2017   

EN

Official Journal of the European Union

L 153/23

(1)

Directive 2011/65/EU prohibits the use of lead in electrical and electronic equipment placed on the market.

(2)

Lead is used in bearings of refrigerant compressors hermetically sealed to prevent leakage of the refrigerant. Lead provides low friction in the bearing by acting as a solid lubricant in case of inadequate lubrication.

(3)

Though lead-free bearings are viable, they still cannot reliably substitute lead bearings for the refrigerant-containing compressors with a stated electrical power input of 9 kW or lower.

(4)

Lead in bearing shells and bushes for refrigerant-containing hermetic scroll compressors with a stated electrical power input equal or below 9 kW for heating, ventilation, air conditioning and refrigeration (HVACR) applications should therefore be exempted until 21 July 2019. In view of the innovation cycles for HVACR applications, the duration of this exemption is unlikely to have adverse impacts on innovation.

(5)

Directive 2011/65/EU should therefore be amended accordingly,

16.6.2017   

EN

Official Journal of the European Union

L 153/25

(1)

Directive 2011/65/EU prohibits the use of lead in electrical and electronic equipment placed on the market.

(2)

Lead-based glasses are used because they have unique combinations of properties and characteristics, such as light transmission performance, optical dispersion, thermal conductivity, birefringence and others.

(3)

Lead-free optical glasses of alternative designs exist in the form of lead-free glass, plastic lenses and alternative equipment design. Nonetheless, those alternatives that cannot provide for several properties and their combinations comparable to lead-based glasses.

(4)

Where finding substitutes was relatively straightforward, this has already occurred and substitutes are being used. Alternatives for the remaining applications are still not available. Thus substitution for the full application range is not possible in general. Lead in white glasses used for optical applications should therefore be exempted until 21 July 2021 for categories 1 to 7 and 10. In view of the innovation cycles for this type of optical applications, the duration of this exemption is unlikely to have adverse impacts on innovation.

(5)

Directive 2011/65/EU should therefore be amended accordingly,

16.6.2017   

EN

Official Journal of the European Union

L 153/27

(1)

Pursuant to Article 12(2) of Joint Action 2008/124/CFSP, the Political and Security Committee (PSC) is authorised, in accordance with the third paragraph of Article 38 of the Treaty, to take the relevant decisions for the purpose of exercising political control and strategic direction of the European Union Rule of Law Mission in Kosovo (EULEX KOSOVO), including the decision to appoint a Head of Mission.

(2)

On 14 June 2016, the Council adopted Decision (CFSP) 2016/947 (2) amending Joint Action 2008/124/CFSP and extending the duration of EULEX KOSOVO until 14 June 2018.

(3)

On 20 July 2016, the PSC adopted Decision (CFSP) 2016/1207 (3), appointing Ms Alexandra PAPADOPOULOU as Head of Mission of EULEX KOSOVO from 1 September 2016 to 14 June 2017.

(4)

On 30 May 2017, the High Representative of the Union for Foreign Affairs and Security Policy proposed to extend the mandate of Ms Alexandra PAPADOPOULOU as Head of Mission of EULEX KOSOVO for the period from 15 June 2017 to 14 June 2018,

16.6.2017   

EN

Official Journal of the European Union

L 153/28

(1)

The standard form referred to in Article 17(1) of Regulation (EC) No 561/2006 should be used as the medium through which the Member States communicate to the Commission, every 2 years, the necessary information for the preparation of a report on the implementation of that Regulation, Regulation (EU) No 165/2014 and on developments in the fields covered by those acts.

(2)

The standard form established by Commission Decision 2009/810/EC (3) should be repealed and a new Decision should be adopted in order to take into account, inter alia, the developments in the Union, such as the accession of Croatia, and the new rules on driving times and rest periods intervened since the adoption of that Decision.

(3)

The reporting requirements established by Regulation (EC) No 561/2006 and Directive 2006/22/EC of the European Parliament and of the Council (4) which lays down minimum conditions for its implementation cover in particular information on national exceptions granted by Member States under Article 13(1) of Regulation (EC) No 561/2006 and more precise details on checks undertaken on vehicles.

(4)

Directive 2002/15/EC of the European Parliament and of the Council (5) complements the provisions on driving time, breaks and rest periods laid down in Regulation (EC) No 561/2006.

(5)

In accordance with Article 13(1) of Directive 2002/15/EC, a report on the implementation of that Directive should be made by the Member States every 2 years. This 2-year period coincides with that laid down in Article 17(1) of Regulation (EC) No 561/2006. It is therefore appropriate for reasons of administrative convenience and effective monitoring of the impact of the Union rules in this field to make provision for the inclusion of this information on the standard form,

16.6.2017   

EN

Official Journal of the European Union

L 153/36

(1)

Article 3(1) of Directive 2001/95/EC requires producers to place only safe products on the market.

(2)

Under the second subparagraph of Article 3(2) of Directive 2001/95/EC, a product is to be presumed safe, as far as the risks and risk categories covered by the relevant national standards are concerned, when it conforms to voluntary national standards transposing European standards, the references of which have been published by the Commission in the Official Journal of the European Union in accordance with Article 4 of that Directive.

(3)

Pursuant to Article 4(1) of Directive 2001/95/EC, European standards are drawn up by European standardisation organisations under mandates conferred by the Commission.

(4)

Pursuant to Article 4(2) of Directive 2001/95/EC, the Commission is to publish the references of such standards.

(5)

On 23 April 2008, the Commission adopted Decision 2008/357/EC (2) and on 7 June 2008 the Commission issued mandate M/427 to the European Committee for Standardisation (CEN) relative to child-resistance requirements for cigarette lighters.

(6)

In response to mandate M/427, CEN adopted standard EN 13869:2016 ‘Lighters — Child safety requirements for lighters — safety requirements and test methods’. Standard EN 13869:2016 fulfils mandate M/427 and complies with the general safety requirement set out in Directive 2001/95/EC. Its reference should therefore be published in the Official Journal of the European Union.

(7)

On 16 December 1997, the Commission issued mandate M/264 to CEN and to the European Committee for Electrotechnical Standardisation (Cenelec) related to the safety of child-care articles.

(8)

In response to mandate M/264, CEN adopted standard EN 13209-2:2015 ‘Child use and care articles — Baby carriers — Safety requirements and test methods — Part 2: Soft carrier’. Standard EN 13209-2:2015 fulfils mandate M/264 and complies with the general safety requirement set out in Directive 2001/95/EC. Its reference should therefore be published in the Official Journal of the European Union.

(9)

The measures provided for in this Decision are in accordance with the opinion of the committee established by Directive 2001/95/EC,

(a)

EN 13869:2016 ‘Lighters — Child safety requirements for lighters — safety requirements and test methods’;

(b)

EN 13209-2:2015 ‘Child use and care articles — Baby carriers — Safety requirements and test methods — Part 2: Soft carrier’.

16.6.2017   

EN

Official Journal of the European Union

L 153/38

(1)

Decision No 406/2009/EC of the European Parliament and of the Council (2) lays down greenhouse gas emissions limits (annual emission allocations) for each Member State for each year of the period 2013 to 2020 and a mechanism to annually assess compliance with those limits. Member States' annual emissions allocations expressed in tonnes of CO2 equivalent are contained in Commission Decision 2013/162/EU (3). Those allocations were adjusted by Commission Implementing Decision 2013/634/EU (4).

(2)

Article 19 of Regulation (EU) No 525/2013 provides for a procedure for the review of Member States' greenhouse gas (GHG) emissions inventories for the purposes of assessing compliance with Decision No 406/2009/EC. The comprehensive review referred to in Article 19(1) of Regulation (EU) No 525/2013 was carried out on the basis of the 2014 emissions data reported to the Commission in April 2016 in accordance with the procedures laid down in Chapter III and Annex XVI to Commission Implementing Regulation (EU) No 749/2014 (5).

(3)

The total amount of GHG emissions covered by Decision No 406/2009/EC for the year 2014 for each Member State should take into consideration the technical corrections and revised estimates calculated during the comprehensive review as contained in the final review reports drawn up pursuant to Article 35(2) of Implementing Regulation (EU) No 749/2014.

(4)

This Decision should enter into force on the day of its publication in order to be aligned with the provisions of Article 19(7) of Regulation (EU) No 525/2013 which sets the date of publication of this Decision as the starting point for the four months period when Member States are allowed to use the flexibility mechanisms under Decision No 406/2009/EC,