(1)

Commission Regulation (EEC) No 3846/87 (2) establishes an agricultural product nomenclature for export refunds on the basis of the Combined Nomenclature.

(2)

The refund nomenclature provides for cheeses to be eligible for an export refund if they meet minimum requirements as regards milk dry matter and milk fat. A particular type of cheese produced in some new Member States meets those necessary requirements but does not benefit from a refund since it is not covered by the present classification system of the export refund nomenclature. Given the importance of the particular cheese for the dairy industry, it is appropriate to add the product codes enabling that cheese to be classified under the export refund nomenclature.

(3)

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Council Regulation (EC) No 1234/2007 as regards export licences and export refunds for milk and milk products (3) has repealed Regulation (EC) No 1282/2006 of 17 august 2006 laying down special detailed rules for the application of Council Regulation (EC) No 1255/1999 as regards export licences and export refunds for milk and milk products (4). The references made in footnotes 4 and 14 of Sector 9 of Annex I to Regulation (EEC) No 3846/87 should therefore be updated.

(4)

Regulation (EEC) No 3846/87 should therefore be amended accordingly.

(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,

(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 set out in the Annex to this Regulation. The application was accompanied by the particulars and documents required under Article 7(3) of Regulation (EC) No 1831/2003

(3)

The application concerns the authorisation of a new use of 3-phytase, an enzyme preparation produced by Aspergillus niger (CBS 101.672), as a feed additive for minor avian species and for ornamental birds, to be classified in the additive category ‘zootechnical additives’.

(4)

The use of that preparation was authorised for weaned piglets, pigs for fattening and chickens for fattening by Commission Regulation (EC) No 243/2007 (2), for laying hens and turkeys for fattening by Commission Regulation (EC) No 1142/2007 (3), for ducks by Commission Regulation (EC) No 165/2008 (4) and for sows by Commission Regulation (EC) No 505/2008 (5).

(5)

New data were submitted in support of the application for authorisation for minor avian species and for ornamental birds. The European Food Safety Authority (the Authority) concluded in its opinion of 9 December 2009 (6) that 3-phytase does not have an adverse effect on animal health, human health or the environment, and that it is efficacious in improving digestibility of feed. 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 Community Reference Laboratory set up by Regulation (EC) No 1831/2003.

(6)

The assessment of 3-phytase 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.

(7)

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

(1)

Article 4 of Commission Regulation (EC) No 341/2007 (2) draws a distinction between traditional and new importers in respect of traders that may apply for import licences for garlic under the tariff quotas that are opened and administered under that Regulation.

(2)

In order to ensure fair opportunities to all traders concerned, it is appropriate to enlarge the category of importers to include certain exporters of garlic to third countries within the categories of traders who may apply for import licences under the tariff quota system.

(3)

The amount of the security referred to in the second subparagraph of Article 1(3) of Commission Regulation (EC) No 376/2008 of 23 April 2008 laying down common detailed rules for the application of the system of import and export licences and advance fixing certificates for agricultural products (3) should be fixed at an appropriate level of 5 % of the additional duty applicable to importers of garlic, namely EUR 60 per tonne.

(4)

Article 8 of Regulation (EC) No 341/2007 provides that the reference quantities of traditional importers are calculated on the basis of maximum quantities of garlic imported during previous calendar years or import tariff quota periods. In order to avoid that these reference quantities are calculated on the basis of historic data which no longer reflect a genuine economic activity, it is appropriate to provide that the reference quantity should be the average of the quantities of garlic actually imported by a traditional importer during the three years which preceded the related import tariff quota period.

(5)

In order to ensure efficient market management, it is appropriate to provide for a time period during which applications for ‘A’ licences may be lodged which would be chronologically close to the subperiod for which the applications are lodged.

(6)

For the purpose of improving control and in order to allow a rapid reaction from the competent authorities in case of errors or malfunctioning of the system, the Member States should notify the Commission of the quantities for which licence applications have been lodged for the relevant subperiod.

(7)

The reference to working days when calculating the time periods could lead to different situations among the Member States. It is therefore appropriate to use calendar days instead.

(8)

Regulation (EC) No 341/2007 should therefore be amended accordingly.

(9)

This Regulation should apply from 1 May 2010. However, in order to ensure that importers have sufficient time to adapt themselves to the new legal framework, the new provisions concerning the calculation of the reference period and the submission of proof of the actually imported garlic should only apply from 1 February 2011.

(10)

The Management Committee for the Common Organisation of Agricultural Markets has not delivered an opinion within the time limit set by its chairman,

1.

In Article 4(2), point (b) of the first subparagraph is replaced by the following:

(*1)   OJ L 299, 16.11.2007, p. 1.’ "

2.

In Article 4(3), the first subparagraph is replaced by the following:

‘New importers shall mean operators other than those referred to in paragraph 2, who have imported into the Union at least 50 tonnes of fruit and vegetables as referred to in Article 1(1)(i) of Regulation (EC) No 1234/2007 or have exported to third countries at least 50 tonnes of garlic in each of the previous two completed import tariff quota periods, or in each of the previous two calendar years preceding the submission of their application.’

3.

Article 4(4) is amended as follows:

4.

Article 6 is amended as follows:

5.

Article 8 is replaced by the following:

6.

In Article 10, paragraph 1 is replaced by the following:

7.

In Article 10(1), the following second subparagraph is added:

‘At the time of their first application for import licences for a given import tariff quota period under this Regulation, importers shall submit the proof of the actually imported quantities of garlic for the years referred to in Article 8.’

8.

Article 11 is replaced by the following:

9.

In Article 12(1), the first and second subparagraphs are replaced by the following:

‘By the 14th day of each month referred to in Article 10(1), the Member States shall notify the Commission of the total quantities in kilograms, including nil returns, for which “A” licence applications have been lodged in respect of the relevant subperiod.

By way of derogation from the second subparagraph of Article 11(1) of Regulation (EC) No 1301/2006, the Member States shall notify the Commission of the quantities referred to in point b) of the first subparagraph of Article 11(1) of that Regulation not later than 10 May for the first subperiod, 10 August for the second subperiod, 10 November for the third subperiod and 10 February for the fourth subperiod.’

10.

In Article 14, the first subparagraph is replaced by the following:

‘The Member States shall notify the Commission of the total quantities, including nil returns, covered by “B” licence applications by Wednesday of each week in respect of applications received the previous week.’

11.

In Article 15, point (a) is replaced by the following:

(1)

In 1994, Germany notified to the Commission a large number of applications for registration concerning mineral waters pursuant to Article 17(2) of Council Regulation (EEC) No 2081/92 (2), 108 of which are still pending.

(2)

In the case of the 31 names listed in Annex I to this Decision, the name proposed for registration is not included in the list of natural mineral waters recognized by Member States (3) in accordance with Article 1 of Directive 2009/54/EC of the European Parliament and of the Council of 18 June 2009 on the exploitation and marketing of natural mineral waters (4). As a consequence, these names cannot be considered to be recognized in the internal market as marketable mineral waters and should accordingly not be registered.

(3)

In the case of the 7 names listed in Annex II to this Decision, only the name and no further information has been submitted, thus preventing the Commission to perform the scrutiny required pursuant to Article 6 of Regulation (EC) No 510/2006 in order to assess whether these names meet the conditions for registration. Therefore, these names should not be registered.

(4)

In the case of the 70 names included in the Annex III to this Decision, the Commission asked the German authorities, by a letter on 20 July 2004, to provide additional information, in particular on details of control bodies, willingness of producers to cover inspection costs and structures guaranteeing the marketing of the water under a single name. On 15 May 2006 and again on 22 May 2007 the European Commission asked the German authorities to either reply to the letter of 20 July 2004 or to withdraw the pending applications, and informed them that otherwise the European Commission would consider a rejection of these applications. As no additional information has been provided, these names should not be registered.

(5)

In the light of the above, the applications for registration of the designations listed in the Annexes to this Decision should be rejected.

(6)

The measures provided for in this Decision are in accordance with the opinion of the Standing Committee on Protected Geographical Indications and Protected Designations of Origin,

(1)

By letter of 4 June 2009 the Netherlands has proposed that the restriction concerning short-chain chlorinated paraffins (SCCPs) listed as entry 42 of Annex XVII to Regulation (EC) No 1907/2006 be re-examined and has brought the evidence to that effect according to Article 69(5) of that Regulation. The Netherlands states that those substances pose a risk to the environment, in particular from their incorporation in articles, including rubber goods, building and construction materials (sealants), textiles, and articles treated with paints and coatings, due to volatilisation, leaching, and erosion during the life-cycle of those articles.

(2)

The last addendum of the European Union Risk Assessment Report (2) established under Council Regulation (EEC) No 793/93 of 23 March 1993 on the evaluation and control of the risks of existing substances (3) concluded that SCCPs meet the criteria for a persistent, bioaccumulative and toxic (PBT) substance and also identified further environmental risks for back coating of textiles and for rubber compounding/conversion. Due to their PBT properties, SCCPs were identified as Substances of Very High Concern (SVHC) and included in the candidate list in accordance with Article 59 of Regulation (EC) No 1907/2006.

(3)

By Decision 2007/395/EC of 7 June 2007 concerning national provisions on the use of short-chain chlorinated paraffins notified by the Kingdom of the Netherlands under Article 95(4) of the EC Treaty (4) the Commission authorised the Netherlands to maintain their national provisions on SCCPs which were stricter than the provisions on SCCPs contained in Annex I to Council Directive 76/769/EEC of 27 July 1976 on the approximation of the laws, regulations and administrative provisions of the Member States relating to restrictions on the marketing and use of certain dangerous substances and preparations (5). Those existing and more stringent restrictions on SCCPs are listed in the Communication from the Commission pursuant to Article 67(3) of Regulation (EC) No 1907/2006 (6) and the Netherlands may maintain them until 1 June 2013.

(4)

SCCPs have been proposed for inclusion in the Protocol on Persistent Organic Pollutants in the framework of the UNECE Convention on Long-Range Transboundary Air Pollution, as well as in the Stockholm Convention on Persistent Organic Pollutants. As such inclusion is not yet achieved, it is appropriate to initiate the re-examination of the restriction concerning SCCPs under Regulation (EC) No 1907/2006, in order not to delay the possible adoption of adequate risk reduction measures.

(5)

Pursuant to Article 69(4) of Regulation (EC) No 1907/2006 the Netherlands should prepare a dossier which conforms to the requirements of Annex XV to that Regulation,