ISSN 1725-2555
doi:10.3000/17252555.L_2011.053.eng
Official Journal
of the European Union
L 53
English edition
Legislation
Volume 54
26 February 2011
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ISSN 1725-2555 doi:10.3000/17252555.L_2011.053.eng |
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Official Journal of the European Union |
L 53 |
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English edition |
Legislation |
Volume 54 |
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Corrigenda |
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(1) Text with EEA relevance |
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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
INTERNATIONAL AGREEMENTS
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26.2.2011 |
EN |
Official Journal of the European Union |
L 53/1 |
COUNCIL DECISION
of 13 September 2010
on the position to be taken by the European Union in the EU-Switzerland Joint Committee established in the Agreement between the European Community and the Swiss Confederation in the audiovisual field, establishing the terms and conditions for the participation of the Swiss Confederation in the Community programme MEDIA 2007, as regards a Joint Committee decision updating Article 1 of Annex I to the Agreement
(2011/129/EU)
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty on the Functioning of the European Union, and in particular Articles 166(4) and 173(3), in conjunction with Article 218(9) thereof,
Having regard to the proposal from the European Commission,
Whereas:
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(1) |
Article 8 of the Agreement between the European Community and the Swiss Confederation in the audiovisual field, establishing the terms and conditions for the participation of the Swiss Confederation in the Community programme MEDIA 2007 (1) signed on 11 October 2007, hereinafter referred to as ‘the Agreement’, establishes a Joint Committee responsible for the management and proper implementation of the Agreement. |
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(2) |
Following the entry into force on 19 December 2007 of Directive 89/552/EEC as last amended by Directive 2007/65/EC of the European Parliament and of the Council, which was subsequently codified (Audiovisual Media Services Directive) (2), it appears appropriate to the European Union and to Switzerland, hereinafter referred to as the ‘Contracting Parties’, to update the references to that Directive accordingly, as provided in the Final Act (3) to the Agreement in the Joint Declaration by the Contracting Parties on the adaptation of the Agreement to the new Community Directive, and to update Article 1 of Annex I to the Agreement, pursuant to Article 8(7) of the Agreement. |
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(3) |
The Union should therefore take the position in the EU – Switzerland Joint Committee set out in the attached draft decision, |
HAS ADOPTED THIS DECISION:
Article 1
The Council approves the draft decision in the Annex as the position to be taken by the European Union regarding a decision to be adopted by the EU–Switzerland Joint Committee established in the Agreement between the European Community and the Swiss Confederation in the audiovisual field, establishing the terms and conditions for the participation of the Swiss Confederation in the Community programme MEDIA 2007, on the updating of Article 1 of Annex I to the Agreement.
Article 2
The decision of the Joint Committee shall be published in the Official Journal of the European Union.
Done at Brussels, 13 September 2010.
For the Council
The President
S. VANACKERE
(1) OJ L 303, 21.11.2007, p. 11.
(2) OJ L 298, 17.10.1989, p. 23.
(3) OJ L 303, 21.11.2007, p. 20.
ANNEX
Draft
DECISION No … OF THE EU-SWITZERLAND JOINT COMMITTEE ESTABLISHED IN THE AGREEMENT BETWEEN THE EUROPEAN COMMUNITY AND THE SWISS CONFEDERATION IN THE AUDIOVISUAL FIELD, ESTABLISHING THE TERMS AND CONDITIONS FOR THE PARTICIPATION OF THE SWISS CONFEDERATION IN THE COMMUNITY PROGRAMME MEDIA 2007,
of …
on the updating of Article 1 of Annex I to the Agreement
THE JOINT COMMITTEE,
Having regard to the Agreement between the European Community and the Swiss Confederation in the audiovisual field, establishing the terms and conditions for the participation of the Swiss Confederation in the Community programme MEDIA 2007 (1), hereinafter referred to as ‘the Agreement’, and the Final Act to the Agreement (2), both signed in Brussels on 11 October 2007,
Whereas:
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(1) |
The Agreement entered into force on 1 August 2010. |
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(2) |
Following the entry into force on 19 December 2007 of Directive 89/552/EEC as last amended by Directive 2007/65/EC of the European Parliament and of the Council, as codified (Audiovisual Media Services Directive) (3), it appears appropriate to the Contracting Parties to update the references to that Directive accordingly, as provided in the Final Act to the Agreement in the Joint Declaration by the Contracting Parties on the adaptation of the Agreement to the new Community Directive, and to update Article 1 of Annex I to the Agreement, pursuant to Article 8(7) of the Agreement, |
HAS DECIDED AS FOLLOWS:
Article 1
Article 1 of Annex I to the Agreement shall be replaced by the following:
‘Article 1
Freedom of broadcast reception and retransmission
1. Switzerland shall ensure freedom of reception and retransmission on its territory with regard to television broadcasts under the jurisdiction of a Member State of the Union, as determined pursuant to Directive 2010/13/EU of the European Parliament and of the Council of 10 March 2010 on the coordination of certain provisions laid down by law, regulation or administrative action in Member States concerning the provision of audiovisual media services (4) (hereinafter referred to as the “Audiovisual Media Services Directive”), in accordance with the following procedures:
Switzerland shall maintain the right to:
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(a) |
suspend retransmission of broadcasts from a television broadcasting organisation under the jurisdiction of a Member State of the Union which has manifestly, seriously and gravely infringed the rules on the protection of minors and human dignity set out in Article 27(1) or (2) and/or Article 6 of the Audiovisual Media Services Directive; |
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(b) |
require broadcasters under its jurisdiction to comply with more detailed or stricter rules in the fields coordinated by the Audiovisual Media Services Directive provided that such rules are proportionate and non-discriminatory. |
2. In cases where Switzerland:
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(a) |
has exercised its freedom under paragraph 1(b) to adopt more detailed or stricter rules of general public interest; and |
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(b) |
assesses that a broadcaster under the jurisdiction of a Member State of the Union provides a television broadcast which is wholly or mostly directed towards its territory, |
it may contact the Member State having jurisdiction with a view to achieving a mutually satisfactory solution to any problems posed. On receipt of a substantiated request by Switzerland, the Member State having jurisdiction shall request the broadcaster to comply with the rules of general public interest in question. The Member State having jurisdiction shall inform Switzerland of the results obtained following this request within 2 months. Either Switzerland or the Member State may ask the Commission to invite the parties concerned to an ad-hoc meeting with the Commission on the fringe of the Contact Committee to examine the case.
3. Where Switzerland assesses:
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(a) |
that the results achieved through the application of paragraph 2 are not satisfactory; and |
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(b) |
that the broadcaster in question has established itself in the Member State having jurisdiction in order to circumvent the stricter rules, in the fields coordinated by the Audiovisual Media Services Directive, which would be applicable to it if it were established within Switzerland, |
it may adopt appropriate measures against the broadcaster concerned.
Such measures shall be objectively necessary, applied in a non-discriminatory manner and be proportionate to the objectives which they pursue.
4. Switzerland may take measures pursuant to paragraph 1(a) or paragraph 3 of this Article only if the following conditions are met:
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(a) |
it has notified the Joint Committee and the Member State in which the broadcaster is established of its intention to take such measures while substantiating the grounds on which it bases its assessment; and |
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(b) |
the Joint Committee has decided that the measures are proportionate and non-discriminatory, and in particular that assessments made by Switzerland under paragraphs 2 and 3 are correctly founded. |
Article 2
This Decision shall enter into force on the first day following its adoption.
Done at Brussels, … .
For the Joint Committee
The Head of the EU Delegation
The Head of the Swiss Delegation
(1) OJ L 303, 21.11.2007, p. 11.
(2) OJ L 303, 21.11.2007, p. 20.
REGULATIONS
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26.2.2011 |
EN |
Official Journal of the European Union |
L 53/4 |
COMMISSION REGULATION (EU) No 183/2011
of 22 February 2011
amending Annexes IV and VI to Directive 2007/46/EC of the European Parliament and of the Council establishing a framework for the approval of motor vehicles and their trailers and of systems, components and separate technical units intended for such vehicles (Framework Directive)
(Text with EEA relevance)
THE EUROPEAN COMMISSION,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to Directive 2007/46/EC of the European Parliament and of the Council of 5 September 2007 establishing a framework for the approval of motor vehicles and their trailers, and of systems, components and separate technical units intended for such vehicles (Framework Directive) (1), and in particular Article 39(3) thereof,
Whereas:
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(1) |
Directive 2007/46/EC establishes a harmonised framework containing the administrative provisions and general technical requirements for all new vehicles, systems, components and separate technical units. In particular it includes a list of all regulatory acts which lay down the technical requirements with which vehicles have to comply in order to be granted EC vehicle type-approval. It also includes the various models of the type-approval certificates. |
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(2) |
As a result of the effects of the globalisation on the automotive sector, the demand for vehicles built outside the Union is growing significantly. The Member States have put in place administrative procedures and technical requirements under national law for the approval of vehicles imported from third countries. As the procedures and requirements differ from one Member State to the other, this situation creates distortion in the functioning of the internal market. It is therefore necessary to lay down appropriate harmonised measures. |
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(3) |
Harmonised administrative and technical provisions regarding individual approvals should be laid down in a first step with respect to vehicles produced in large series in or for third countries. |
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(4) |
Article 24 of Directive 2007/46/EC allows Member States to waive certain provisions of that Directive as well as of the regulatory acts listed in Annex IV to that Directive for the purposes of approval of individual vehicles. The proper functioning of the internal market requires however that similar technical and administrative requirements apply throughout the Union. It is therefore necessary to lay down which provisions of Union law may be waived. |
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(5) |
Article 24 allows Member States to impose alternative requirements to European law which aim to ensure a level of road safety and environmental protection which is equivalent to the greatest extent practicable to the level set out in Annexes IV and VI to Directive 2007/46/EC. Assuming that vehicles produced in series for third countries with a view to being put into service into domestic markets are built in accordance with the technical legislation in force in the respective countries of origin or destination, it is appropriate to take into account such requirements as well as the work in progress in the ‘World Forum for Harmonization of Vehicle Regulations (WP.29)’ under the auspices of the Economic Commission for Europe of the United Nations in Geneva. The appropriate information and the necessary expertise is available in order to demonstrate that those requirements could ensure a level of road safety and environmental protection which is at least equivalent to the level of road safety and environmental protection required in the Union. It is therefore appropriate to consider as equivalent a number of requirements in force in third countries for the purpose of individual approval. |
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(6) |
The templates of the certificates issued by the approval authorities are described in Annex VI to Directive 2007/46/EC. However they concern approvals granted for a type of vehicle and not approvals granted for individual vehicles. In order to facilitate the mutual recognition of those individual approvals granted under Article 24 of that Directive, it is appropriate to provide the model to be used for the individual approval certificate. |
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(7) |
Member States have national individual approval schemes in place at the time of the adoption of this Regulation for vehicles produced in large series and originally intended for registration in third countries. Those approval schemes may continue to apply. According to Article 24(6) of Directive 2007/46/EC, their validity is restricted to the territory of the Member State that granted the approval and other Member States may refuse such approvals. |
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(8) |
It is appropriate with a view to ensuring the proper operation of the approval system to update the annexes to Directive 2007/46/EC in order to lay down technical requirements for vehicles to be approved under the individual approval procedure. |
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(9) |
Annexes IV and VI to Directive 2007/46/EC should therefore be amended accordingly. |
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(10) |
The measures provided for in this Regulation are in accordance with the opinion of the Technical Committee — Motor Vehicles, |
HAS ADOPTED THIS REGULATION:
Article 1
Annexes IV and VI to Directive 2007/46/EC are amended in accordance with the Annex to this Regulation.
Article 2
The requirements of this Regulation are without prejudice to the requirements laid down in Article 24 of Directive 2007/46/EC on individual approvals, in particular the possibility for Member States to grant individual approvals provided that they impose alternative requirements.
Article 3
This Regulation shall enter into force on 26 February 2012.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 22 February 2011.
For the Commission
The President
José Manuel BARROSO
(1) OJ L 263, 9.10.2007, p. 1.
ANNEX
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1. |
Annex IV, Part I is amended as follows:
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2. |
Annex VI is amended as follows:
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(1) In the absence of a registration document, the competent authority may refer to available documented evidence of date of manufacture or documented evidence of first purchase.’
(2) As defined in Annex II.A
(3) Delete where not applicable.
(4) Or visual representation of an “advanced electronic signature” according to Directive 1999/93/EC, including data for verification.
(5) One ¾ front, one ¾ rear
(6) This entry shall be completed only where the vehicle has two axles.
(7) This mass is the actual mass of the vehicle in the conditions referred to in point 2.6 of Annex I.
(8) Delete where not applicable
(9) For hybrid electric vehicles, indicate both power outputs.
(10) The codes described in Section C of Annex II shall be used.
(11) Indicate only the basic colour(s): white, yellow, orange, red, violet, blue, green, grey, brown or black.
(12) Excluding seats designated for use only when the vehicle is stationary and the number of wheelchair positions.
(13) Add the number of the Euro level and, if appropriate, the character corresponding to the provisions used for type-approval.
(14) Repeat for the various fuels which can be used.’
(15) Not compulsory
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26.2.2011 |
EN |
Official Journal of the European Union |
L 53/33 |
COMMISSION REGULATION (EU) No 184/2011
of 25 February 2011
concerning the authorisation of Bacillus subtilis C-3102 (DSM 15544) as a feed additive for chickens reared for laying, turkeys, minor avian species and other ornamental and game birds (holder of authorisation Calpis Co. Ltd Japan, represented by Calpis Co. Ltd Europe Representative Office)
(Text with EEA relevance)
THE EUROPEAN COMMISSION,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to Regulation (EC) No 1831/2003 of the European Parliament and of the Council of 22 September 2003 on additives for use in animal nutrition (1), and in particular Article 9(2) thereof,
Whereas:
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(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. |
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(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. That application was accompanied by the particulars and documents required under Article 7(3) of Regulation (EC) No 1831/2003. |
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(3) |
The application concerns the authorisation of a new use of Bacillus subtilis C-3102 (DSM 15544) as a feed additive for chickens reared for laying, turkeys and minor avian species, to be classified in the additive category ‘zootechnical additives’. |
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(4) |
The use of Bacillus subtilis C-3102 (DSM 15544) has been authorised for 10 years for chickens for fattening by Commission Regulation (EC) No 1444/2006 (2) and for weaned piglets by Commission Regulation (EU) No 333/2010 (3). |
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(5) |
New data were submitted in support of the application for the authorisation of the preparation for chickens reared for laying, turkeys and minor avian species. The European Food Safety Authority (the Authority) concluded in its opinion of 5 October 2010 (4) that Bacillus subtilis C-3102 (DSM 15544), under the proposed conditions of use, does not have an adverse effect on animal health, human health or the environment, and that its use can improve the weight gain of the target species. 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. |
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(6) |
The assessment of Bacillus subtilis C-3102 (DSM 15544) shows that the conditions for authorisation, as provided for in Article 5 of Regulation (EC) No 1831/2003, are satisfied. Accordingly, the use of this preparation should be authorised as specified in the Annex to this Regulation. |
|
(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, |
HAS ADOPTED THIS REGULATION:
Article 1
The preparation specified in the Annex, belonging to the additive category ‘zootechnical additives’ and to the functional group ‘gut flora stabilisers’, is authorised as an additive in animal nutrition subject to the conditions laid down in that Annex.
Article 2
This Regulation shall enter into force on the 20th day following 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, 25 February 2011.
For the Commission
The President
José Manuel BARROSO
(1) OJ L 268, 18.10.2003, p. 29.
(2) OJ L 271, 30.9.2006, p. 19.
(3) OJ L 102, 23.4.2010, p. 19.
(4) EFSA Journal 2010; 8(10):1867.
ANNEX
|
Identification number of the additive |
Name of the holder of authorisation |
Additive |
Composition, chemical formula, description, analytical method |
Species or category of animal |
Maximum age |
Minimum content |
Maximum content |
Other provisions |
End of period of authorisation |
||||||||||||||||
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CFU/kg of complete feedingstuff with a moisture content of 12 % |
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Category of zootechnical additives. Functional group: gut flora stabilisers |
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4b1820 |
Calpis Co. Ltd Japan, represented by Calpis Co. Ltd Europe Representative Office, France |
Bacillus subtilis C-3102 (DSM 15544) |
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Chickens reared for laying |
— |
5 × 108 |
— |
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18 March 2021 |
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Turkeys, minor avian species and other ornamental and game birds |
3 × 108 |
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(1) Details of the analytical methods are available at the following address of the Community Reference Laboratory: www.irmm.jrc.be/crl-feed-additives
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26.2.2011 |
EN |
Official Journal of the European Union |
L 53/36 |
COMMISSION REGULATION (EU) No 185/2011
of 25 February 2011
amending Council Regulation (EC) No 499/96 as regards tariff quotas of the Union for certain fish and fishery products and live horses originating in Iceland
THE EUROPEAN COMMISSION,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to Council Regulation (EC) No 499/96 of 19 March 1996 opening and providing for the administration of Community tariff quotas for certain fishery products and live horses originating in Iceland (1), and in particular Article 5(1)(a) and (b) thereof,
Whereas:
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(1) |
In 2009, negotiations were concluded for an Additional Protocol to the Agreement between the European Economic Community and the Republic of Iceland concerning special provisions applicable for the period 2009-2014 to imports into the European Union of certain fish and fishery products, hereinafter ‘the Additional Protocol’. |
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(2) |
The signing, on behalf of the European Union, and the provisional application of the Additional Protocol has been authorised by Council Decision 2010/674/EU of 26 July 2010 on the signing and provisional application of an Agreement between the European Union, Iceland, Liechtenstein and Norway on an EEA Financial Mechanism 2009-2014, an Agreement between the European Union and Norway on a Norwegian Financial Mechanism 2009-2014, an Additional Protocol to the Agreement between the European Economic Community and Iceland concerning special provisions applicable to imports into the European Union of certain fish and fishery products 2009-2014 and an Additional Protocol to the Agreement between the European Economic Community and Norway concerning special provisions applicable to imports into the European Union of certain fish and fishery products 2009-2014 (2). |
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(3) |
The Additional Protocol provides for new annual duty-free tariff quotas at import into the European Union of certain fish and fishery products originating in Iceland. |
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(4) |
In accordance with the Additional Protocol, the volumes of the duty-free tariff quotas for the first 12-month period from 1 May 2009 to 30 April 2010 will be allocated to the second tariff quota period. Furthermore, unused volumes of the tariff quotas for some products for the tariff quota period 1 March 2011 to 30 April 2011 should be carried over to the corresponding tariff quotas for the period 1 May 2011 to 30 April 2012. |
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(5) |
In order to implement the tariff quotas provided for in the Additional Protocol, it is necessary to amend Regulation (EC) No 499/96. |
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(6) |
It is necessary to replace the current reference in Regulation (EC) No 499/96 to free-at-frontier prices by a reference to the declared customs value in accordance with Council Regulation (EC) No 104/2000 of 17 December 1999 on the common organisation of the markets in fishery and aquaculture products (3), and to provide that in order to qualify for the preferences laid down in the Additional Protocol, that value must at least be equal to any reference price fixed or to be fixed in accordance with the same Regulation. |
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(7) |
Protocol 3 of the Agreement between the European Economic Community and the Republic of Iceland defining the concept of originating products and setting out the arrangements for administrative cooperation has been amended by Decision No 2/2005 of the EC-Iceland Joint Committee of 22 December 2005 (4). It is therefore necessary to provide explicitly that Protocol 3 as amended in 2005 is to apply. |
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(8) |
Within the agreement in the form of an Exchange of Letters between the European Community and the Republic of Iceland concerning additional trade preferences in agricultural products undertaken on the basis of Article 19 of the Agreement on the European Economic Area, attached to Council Decision 2007/138/EC (5), the bilateral trade in live horses was liberalised between the European Union and Iceland for unlimited quantities. Therefore the tariff quota laid down in the Annex to Regulation (EC) No 499/96 for live horses is redundant. |
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(9) |
For reasons of clarity and to take account of the amendments of the Combined Nomenclature Codes, laid down in Council Regulation (EEC) No 2658/87 of 23 July 1987 on the tariff and statistical nomenclature and on the Common Customs Tariff (6), and of the TARIC subdivisions, it is appropriate to replace the complete Annex to Regulation (EC) No 499/96. |
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(10) |
Regulation (EC) No 499/96 should therefore be amended accordingly. |
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(11) |
In accordance with Decision 2010/674/EU the new tariff quotas for certain fish and fishery products have to apply from 1 March 2011. This Regulation should therefore apply from the same date. |
|
(12) |
The measures provided for in this Regulation are in accordance with the opinion of the Customs Code Committee, |
HAS ADOPTED THIS REGULATION:
Article 1
Regulation (EC) No 499/96 is amended as follows:
|
1. |
the title is replaced by the following: ‘opening and providing for the administration of tariff quotas of the Union for certain fish and fishery products originating in Iceland’; |
|
2. |
Article 1 is replaced by the following: ‘Article 1 1. When products originating in Iceland listed in the Annex are put into free circulation in the European Union, they shall be eligible for exemption of customs duties within the limits of the tariff quotas, during the periods and in accordance with the provisions set out in this Regulation. 2. Imports of the fish and fishery products listed in the Annex shall qualify for the tariff quotas referred to in paragraph 1 only if the declared customs value is at least equal to the reference price fixed, or to be fixed, in accordance with Article 29 of Regulation (EC) No 104/2000 of 17 December 1999 on the common organisation of the markets in fishery and aquaculture products (7). 3. Protocol 3 of the Agreement between the European Economic Community and the Republic of Iceland defining the concept of originating products and setting out the arrangements for administrative cooperation, as last amended by Decision No 2/2005 of the EC-Iceland Joint Committee of 22 December 2005 (8) shall apply. 4. The benefit of the tariff quotas with order numbers 09.0792 and 09.0812 shall not be granted for goods declared for release for free circulation during the period 15 February to 15 June. |
|
3. |
in Article 2, the second paragraph, is replaced by the following: ‘However, Article 308c(2) and (3) of Regulation (EEC) No 2454/93 shall not apply to the tariff quotas with order numbers 09.0810, 09.0811 and 09.0812.’; |
|
4. |
Article 3 is replaced by the following: ‘Article 3 Where the tariff quotas with order numbers 09.0810, 09.0811 and 09.0812 will not be fully exhausted for the tariff quota period from 1 March 2011 to 30 April 2011, the remaining volume shall be carried over to the corresponding tariff quotas for the period 1 May 2011 to 30 April 2012. For this purpose drawings on the tariff quotas applicable from 1 March 2011 to 30 April 2011 shall be stopped on the second working day in the Commission following 1 September 2011. On the following working day, the unused balances of these tariff quotas shall be made available under the corresponding tariff quota applicable from 1 May 2011 to 30 April 2012. From the second working day in the Commission following 1 September 2011 no retroactive drawings and no returns shall be possible on the particular tariff quotas applicable from 1 March 2011 to 30 April 2011.’; |
|
5. |
the Annex is replaced by the text set out in the Annex to this Regulation. |
Article 2
This Regulation shall enter into force on the third day following its publication in the Official Journal of the European Union.
It shall apply from 1 March 2011.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 25 February 2011.
For the Commission
The President
José Manuel BARROSO
(2) OJ L 291, 9.11.2010, p. 1.
(3) OJ L 17, 21.1.2000, p. 22.
(4) OJ L 131, 18.5.2006, p. 1.
(5) OJ L 61, 28.2.2007, p. 28.
(7) OJ L 17, 21.1.2000, p. 22.
(8) OJ L 131, 18.5.2006, p. 1.’;
ANNEX
‘ANNEX
Notwithstanding the rules for the interpretation of the Combined Nomenclature, the wording for the description of the products is to be considered as having no more than an indicative value, the preferential scheme being determined, within the context of this Annex, by the coverage of the CN codes as they exist at the time of adoption of this Regulation. Where ex CN codes are indicated, the preferential scheme is to be determined by application of the CN code and corresponding description taken together.
|
Order No |
CN code |
TARIC subdivision |
Description of products |
Quota period |
Quota volume (in tonnes net weight unless otherwise specified) |
Quota duty (%) |
|
09.0792 |
ex 0303 51 00 |
10 20 |
Herrings of the species Clupea harengus or Clupea pallasii, frozen, excluding livers and roes, for industrial manufacture (1) (2) |
From 1.1 to 31.12 |
950 |
0 |
|
09.0812 |
0303 51 00 |
|
Herrings of the species Clupea harengus or Clupea pallasii, frozen, excluding livers and roes (2) |
From 1.3.2011 to 30.4.2011 |
1 900 |
0 |
|
From 1.5.2011 to 30.4.2012 |
950 |
|||||
|
From 1.5.2012 to 30.4.2013 |
950 |
|||||
|
From 1.5.2013 to 30.4.2014 |
950 |
|||||
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09.0793 |
0302 12 00 0304 19 13 0304 29 13 |
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Pacific salmon (Oncorhynchus nerka, Oncorhynchus gorbuscha, Oncorhynchus keta, Oncorhynchus tschawytscha, Oncorhynchus kisutch, Oncorhynchus masou and Oncorhynchus rhodurus), Atlantic salmon (Salmo salar) and Danube salmon (Hucho hucho) |
From 1.1 to 31.12 |
50 |
0 |
|
09.0794 |
0302 23 00 |
|
Sole (Solea spp.), fresh or chilled, excluding fish fillets and other fish meat of heading 0304 |
From 1.1 to 31.12 |
250 |
0 |
|
0302 29 |
|
Megrim (Lepidorhombus spp.) and other flat fish, fresh or chilled, excluding fish fillets and other fish meat of heading 0304 |
||||
|
ex 0302 69 82 |
10 |
Blue whiting (Micromesistius poutassou or Gadus poutassou), fresh or chilled, excluding fish fillets and other fish meat of heading 0304 |
||||
|
0303 32 00 |
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Plaice (Pleuronectes platessa), frozen, excluding fish fillets and other fish meat of heading 0304 |
||||
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0303 62 00 0303 79 98 |
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Toothfish (Dissostichus spp.) and other saltwater fish, frozen, excluding fish fillets and other fish meat of heading 0304 |
||||
|
0304 19 01 0304 19 03 0304 19 18 |
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Fillets of Nile perch (Lates niloticus), of pangasius (Pangasius spp.) and of other freshwater fish, fresh or chilled |
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|
0304 19 33 |
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Fillets of coalfish (Pollachius virens), fresh or chilled |
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0304 19 35 |
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Fillets of redfish (Sebastes spp.), fresh or chilled |
||||
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0304 11 10 0304 12 10 |
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Fillets of swordfish (Xiphias gladius) and of toothfish (Dissostichus spp.), fresh or chilled |
||||
|
ex 0304 19 39 |
10 20 60 70 75 80 85 90 |
Other fish fillets, other than herring and mackerel, fresh or chilled |
||||
|
0304 11 90 0304 12 90 0304 19 99 |
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Other fish meat (whether or not minced), fresh or chilled |
||||
|
0304 29 01 0304 29 03 0304 29 05 0304 29 18 |
|
Frozen fillets of Nile perch (Lates niloticus), of pangasius (Pangasius spp.), of tilapia (Oreochromis spp.) and of other freshwater fish |
||||
|
0304 99 31 |
|
Frozen meat of cod of the species Gadus macrocephalus |
||||
|
0304 99 33 |
|
Frozen meat of cod of the species Gadus morhua |
||||
|
0304 99 39 |
|
Frozen meat of cod of the species Gadus ogac and frozen fish meat of the species Boreogadus saida |
||||
|
0304 99 41 |
|
Frozen meat of coalfish (Pollachius virens) |
||||
|
ex 0304 99 51 |
11 15 |
Frozen meat of hake (Merluccius spp.) |
||||
|
0304 99 71 |
|
Frozen meat of blue whiting (Micromesistius poutassou or Gadus poutassou) |
||||
|
ex 0304 99 99 |
20 25 30 40 50 60 65 69 70 81 89 90 |
Other frozen fish meat, except mackerel |
||||
|
09.0811 |
0304 19 35 |
|
Fillets of redfish (Sebastes spp.), fresh or chilled |
From 1.3.2011 to 30.4.2011 |
1 500 |
0 |
|
From 1.5.2011 to 30.4.2012 |
750 |
|||||
|
From 1.5.2012 to 30.4.2013 |
750 |
|||||
|
From 1.5.2013 to 30.4.2014 |
750 |
|||||
|
09.0795 |
0305 61 00 |
|
Herrings (Clupea harengus, Clupea pallasii), salted but not dried or smoked, and herring in brine |
From 1.1 to 31.12 |
1 750 |
0 |
|
09.0796 |
0306 19 30 |
|
Frozen Norway lobsters (Nephrops norvegicus) |
From 1.1 to 31.12 |
50 |
0 |
|
09.0810 |
0306 19 30 |
|
Frozen Norway lobsters (Nephrops norvegicus) |
From 1.3.2011 to 30.4.2011 |
1 040 |
0 |
|
From 1.5.2011 to 30.4.2012 |
520 |
|||||
|
From 1.5.2012 to 30.4.2013 |
520 |
|||||
|
From 1.5.2013 to 30.4.2014 |
520 |
|||||
|
09.0797 |
1604 12 91 1604 12 99 |
|
Other prepared or preserved herrings, whole or in pieces but not minced |
From 1.1 to 31.12 |
2 400 |
0 |
|
09.0798 |
1604 19 98 |
|
Other prepared or preserved fish, whole or in pieces but not minced |
From 1.1 to 31.12 |
50 |
0 |
|
ex 1604 20 90 |
20 30 35 50 60 90 |
Other prepared or preserved fish, except herring and mackerel |
(1) Entry under this subheading is subject to the conditions laid down in the relevant Community provisions (see Articles 291 to 300 of Regulation (EEC) No 2454/93 (OJ L 253, 11.10.1993, p. 1)).
(2) As the MFN duty is free from 15 February to 15 June, the benefit of the tariff quota shall not be granted to goods declared for free circulation during this period.’
|
26.2.2011 |
EN |
Official Journal of the European Union |
L 53/41 |
COMMISSION REGULATION (EU) No 186/2011
of 25 February 2011
amending Annex I to Regulation (EC) No 689/2008 of the European Parliament and of the Council concerning the export and import of dangerous chemicals
THE EUROPEAN COMMISSION,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to Regulation (EC) No 689/2008 of the European Parliament and of the Council of 17 June 2008 concerning the export and import of dangerous chemicals (1), and in particular Article 22(4) thereof,
Whereas:
|
(1) |
Regulation (EC) No 689/2008 implements the Rotterdam Convention on the Prior Informed Consent Procedure for Certain Hazardous Chemicals and pesticides in International Trade, signed on 11 September 1998 and approved, on behalf of the Community, by Council Decision 2003/106/EC (2). |
|
(2) |
Annex I to Regulation (EC) No 689/2008 should be amended to take into account regulatory action in respect of certain chemicals taken pursuant to Council Directive 91/414/EEC of 15 July 1991 concerning the placing of plant protection products on the market (3), Directive 98/8/EC of the European Parliament and of the Council of 16 February 1998 concerning the placing of biocidal products on the market (4) and Regulation (EC) No 1907/2006 of the European Parliament and of the Council of 18 December 2006 concerning the registration, evaluation, authorisation and restriction of chemicals (REACH), establishing a European Chemicals Agency, amending Directive 1999/45/EC and repealing Council Regulation (EEC) No 793/93 and Commission Regulation (EC) No 1488/94 as well as Council Directive 76/769/EEC and Commission Directives 91/155/EEC, 93/67/EEC, 93/105/EC and 2000/21/EC (5). |
|
(3) |
The substance chlorate has not been included as an active substance in Annex I to Directive 91/414/EEC and the substance chlorate has not been included as an active substance in Annex I, IA or IB to Directive 98/8/EC, with the effect that chlorate is banned for pesticide use and thus should be added to the lists of chemicals contained in Parts 1 and 2 of Annex I to Regulation (EC) No 689/2008. |
|
(4) |
The substances benfuracarb, cadusafos, carbofuran and tricyclazole have not been included as active substances in Annex I to Directive 91/414/EEC, with the effect that those active substances are banned for pesticide use and thus should be added to the lists of chemicals contained in Parts 1 and 2 of Annex I to Regulation (EC) No 689/2008. The addition of those substances to Part 2 of Annex I was suspended due to the new application for approval under Directive 91/414/EEC submitted pursuant to Article 13 of Commission Regulation (EC) No 33/2008 of 17 January 2008 laying down detailed rules for the application of Council Directive 91/414/EEC as regards a regular and an accelerated procedure for the assessment of active substances which were part of the programme of work referred to in Article 8(2) of that Directive but have not been included into its Annex I (6). This new application has been withdrawn by the applicants with the effect that the reason for suspending the addition to Part 2 of Annex I has disappeared. Therefore, the substances benfuracarb, cadusafos, carbofuran and tricyclazole should be added to the list of chemicals contained in Part 2 of Annex I to Regulation (EC) No 689/2008. |
|
(5) |
The substance methomyl has been included as an active substance in Annex I to Directive 91/414/EEC with the effect that methomyl is no longer banned for use in the subcategory ‘pesticide in the group of plant protection products’. Consequently the entry in Part 1 of Annex I to Regulation (EC) No 689/2008 should be amended to reflect that change. |
|
(6) |
The substance malathion has been included as an active substance in Annex I to Directive 91/414/EEC with the effect that malathion is no longer banned for use in the subcategory ‘pesticide in the group of plant protection products’; the substance malathion has not been included as an active substance in Annex I, IA or IB to Directive 98/8/EC with the effect that malathion is banned for use in the subcategory ‘other pesticide including biocides’. Consequently the entry in Part 1 of Annex I to Regulation (EC) No 689/2008 should be amended to reflect those changes. |
|
(7) |
A new application pursuant to Article 13 of Regulation (EC) No 33/2008 was submitted for the active substance flurprimidol that will require a new decision on inclusion in Annex I to Directive 91/414/EEC and thus flurprimidol should be deleted from the list of chemicals contained in Part 2 of Annex I to Regulation (EC) No 689/2008. The decision on the addition to the list of chemicals in Part 2 of Annex I should not be taken before the new decision on the status of the substance under Directive 91/414/EEC is available. |
|
(8) |
The entries in Parts 1 and 2 of Annex I to Regulation (EC) No 689/2008 relating to the substance paraquat are not coherent and sufficiently clear as regards code numbers and should thus be amended by inserting the most relevant code numbers. |
|
(9) |
Annex I to Regulation (EC) No 689/2008 should therefore be amended accordingly. |
|
(10) |
In order to allow enough time for Member States and industry to take the necessary measures, the application of this Regulation should be deferred. |
|
(11) |
The measures provided for in this Regulation are in accordance with the opinion of the Committee established by Article 133 of Regulation (EC) No 1907/2006, |
HAS ADOPTED THIS REGULATION:
Article 1
Annex I to Regulation (EC) No 689/2008 is amended in accordance with the Annex to this Regulation.
Article 2
This Regulation shall enter into force on the 20th day following its publication in the Official Journal of the European Union.
It shall apply from 1 May 2011.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 25 February 2011.
For the Commission
The President
José Manuel BARROSO
(1) OJ L 204, 31.7.2008, p. 1.
(3) OJ L 230, 19.8.1991, p. 1.
(4) OJ L 123, 24.4.1998, p. 1.
(5) OJ L 396, 30.12.2006, p. 1.
ANNEX
Annex I to Regulation (EC) No 689/2008 is amended as follows:
|
(1) |
Part 1 is amended as follows:
|
|
(2) |
Part 2 is amended as follows:
|
|
26.2.2011 |
EN |
Official Journal of the European Union |
L 53/45 |
COMMISSION REGULATION (EU) No 187/2011
of 25 February 2011
amending Annex I to Regulation (EC) No 669/2009 implementing Regulation (EC) No 882/2004 of the European Parliament and of the Council as regards the increased level of official controls on imports of certain feed and food of non-animal origin
(Text with EEA relevance)
THE EUROPEAN COMMISSION,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to Regulation (EC) No 882/2004 of the European Parliament and of the Council of 29 April 2004 on official controls performed to ensure the verification of compliance with feed and food law, animal health and animal welfare rules (1), and in particular Article 15(5) thereof,
Whereas:
|
(1) |
Commission Regulation (EC) No 669/2009 (2) lays down rules concerning the increased level of official controls to be carried out on imports of feed and food of non-animal origin listed in Annex I thereto (‘the list’), at the points of entry into the territories referred to in Annex I to Regulation (EC) No 882/2004. |
|
(2) |
Article 2 of Regulation (EC) No 669/2009 provides that the list is to be reviewed on a regular basis, and at least quarterly, taking into account at least the sources of information referred to in that Article. |
|
(3) |
The occurrence and relevance of food incidents notified through the Rapid Alert System for Food and Feed (RASFF), the findings of missions to third countries carried out by the Food and Veterinary Office, as well as the quarterly reports on consignments of feed and food of non-animal origin submitted by Member States to the Commission in accordance with Article 15 of Regulation (EC) No 669/2009 indicate that the list should be amended. |
|
(4) |
In particular, the list should be amended by deleting the entries for commodities for which those information sources indicate an overall satisfactory degree of compliance with the relevant safety requirements provided for in Union legislation and for which an increased level of official control is therefore no longer justified. |
|
(5) |
In addition, certain other commodities for which the information sources indicate a degree of non-compliance with the relevant safety requirements, thereby warranting the introduction of increased level of official controls, should be included in the list. |
|
(6) |
Similarly, the list should be amended by decreasing the frequency of official controls of the commodities for which the information sources indicate an overall improvement of compliance with the relevant requirements provided for in Union legislation and for which the current level of official control is therefore no longer justified. |
|
(7) |
The entries in the list for certain imports from China, the Dominican Republic, India and South Africa should therefore be amended accordingly. |
|
(8) |
In the interests of clarity of Union legislation, it is also necessary to make a small precision in the list regarding the entries for imports of peppers from the Dominican Republic and sweet peppers from Turkey. |
|
(9) |
The amendment to the list concerning the deletion of the references to commodities, and the reduction in the frequency of controls, should apply as soon as possible, as the original safety concerns have been satisfied. Accordingly, those amendments should apply from the date of entry into force of this Regulation. |
|
(10) |
Taking into account the number of amendments that need to be made to Annex I to Regulation (EC) No 669/2009, it is appropriate to replace it by the text in the Annex to this Regulation. |
|
(11) |
Regulation (EC) No 669/2009 should therefore be amended accordingly. |
|
(12) |
The measures provided for in this Regulation are in accordance with the opinion of the Standing Committee on the Food Chain and Animal Health, |
HAS ADOPTED THIS REGULATION:
Article 1
Annex I to Regulation (EC) No 669/2009 is replaced by the text in the Annex to this Regulation.
Article 2
This Regulation shall enter into force on the third day following its publication in the Official Journal of the European Union.
It shall apply from 1 April 2011.
However, the following amendments to Annex I to Regulation (EC) No 669/2009 shall apply from the date of entry into force of this Regulation:
|
(a) |
the deletion of the following entries on:
|
|
(b) |
the amendment on the frequency of physical and identity checks for the following food from all third countries:
|
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 25 February 2011.
For the Commission
The President
José Manuel BARROSO
(1) OJ L 165, 30.4.2004, p. 1.
(2) OJ L 194, 25.7.2009, p. 11.
ANNEX
‘ANNEX I
(A) Feed and food of non-animal origin subject to an increased level of official controls at the designated point of entry
|
Feed and food (intended use) |
CN code (1) |
Country of origin |
Hazard |
Frequency of physical and identity checks (%) |
||||
|
|
Argentina |
Aflatoxins |
10 |
||||
|
|
|||||||
|
|
|||||||
|
|
|||||||
|
(Feed and food) |
||||||||
|
|
Brazil |
Aflatoxins |
10 |
||||
|
|
|||||||
|
|
|||||||
|
|
|||||||
|
(Feed and food) |
||||||||
|
Dried Noodles |
ex 1902 |
China |
Aluminium |
10 |
||||
|
(Food) |
||||||||
|
|
Dominican Republic |
Pesticide residues analysed with multi-residue methods based on GC-MS and LC-MS or with single residue methods (3) |
50 |
||||
|
|
|||||||
|
|
|||||||
|
|
|||||||
|
|
|||||||
|
(Food — fresh, chilled or frozen vegetables) |
||||||||
|
|
Egypt |
Pesticide residues analysed with multi-residue methods based on GC-MS and LC-MS or with single residue methods (7) |
10 |
||||
|
|
|||||||
|
|
|||||||
|
|
|||||||
|
|
|||||||
|
(Food — fresh fruits and vegetables) |
||||||||
|
|
Ghana |
Aflatoxins |
50 |
||||
|
|
|||||||
|
|
|||||||
|
(Feed and Food) |
||||||||
|
Curry leaves (Bergera/ Murraya koenigii) |
ex 1211 90 85 |
India |
Pesticide residues analysed with multi-residue methods based on GC-MS and LC-MS or with single residue methods (5) |
10 |
||||
|
(Food – fresh herbs) |
||||||||
|
|
India |
Aflatoxins |
50 |
||||
|
|
|||||||
|
|
|||||||
|
|
|||||||
|
|
|||||||
|
|
|||||||
|
|
|||||||
|
(Food – dried spices) |
||||||||
|
|
India |
Aflatoxins |
20 |
||||
|
|
|||||||
|
|
|||||||
|
|
|||||||
|
(Feed and food) |
||||||||
|
Okra |
ex 0709 90 90 |
India |
Pesticide residues analysed with multi-residue methods based on GC-MS and LC-MS or with single residue methods (2) |
10 |
||||
|
(Food) |
||||||||
|
Watermelon (egusi, Citrullus lanatus) seeds and derived products |
ex 1207 99 97; ex 1106 30 90; ex 2008 99 99; |
Nigeria |
Aflatoxins |
50 |
||||
|
(Food) |
||||||||
|
Basmati rice for direct human consumption |
ex 1006 30 |
Pakistan |
Aflatoxins |
20 |
||||
|
(Food — milled rice) |
||||||||
|
|
Peru |
Aflatoxins and Ochratoxin A |
10 |
||||
|
|
|||||||
|
(Food — dried spice) |
||||||||
|
|
South Africa |
Aflatoxins |
10 |
||||
|
|
|||||||
|
|
|||||||
|
|
|||||||
|
(Feed and food) |
||||||||
|
|
Thailand |
Salmonella (6) |
10 |
||||
|
|
|||||||
|
|
|||||||
|
(Food — fresh herbs) |
||||||||
|
|
Thailand |
Pesticide residues analysed with multi-residue methods based on GC-MS and LC-MS or with single residue methods (4) |
20 |
||||
|
|
|||||||
|
(Food — fresh herbs) |
||||||||
|
|
Thailand |
Pesticide residues analysed with multi-residue methods based on GC-MS and LC-MS or with single residue methods (4) |
50 |
||||
|
|
|||||||
|
|
|||||||
|
(Food — fresh, chilled or frozen vegetables) |
||||||||
|
|
Turkey |
Pesticide residues analysed with multi-residue methods based on GC-MS and LC-MS or with single residue methods (8) |
10 |
||||
|
|
|||||||
|
|
|||||||
|
(Food — fresh, chilled or frozen vegetables) |
||||||||
|
Pears |
0808 20 10; 0808 20 50 |
Turkey |
Pesticide: amitraz |
10 |
||||
|
(Food) |
||||||||
|
Dried grapes (vine fruit) |
0806 20 |
Uzbekistan |
Ochratoxin A |
50 |
||||
|
(Food) |
||||||||
|
|
All third countries |
Sudan dyes |
10 |
||||
|
|
|||||||
|
|
|||||||
|
(Food — dried spices) |
||||||||
|
|
|||||||
|
(Food) |
(B) Definitions
For the purposes of this Annex, “Sudan dyes” refers to the following chemical substances:
|
(i) |
Sudan I (CAS Number 842-07-9); |
|
(ii) |
Sudan II (CAS Number 3118-97-6); |
|
(iii) |
Sudan III (CAS Number 85-86-9); |
|
(iv) |
Scarlet Red; or Sudan IV (CAS Number 85-83-6).’ |
(1) Where only certain products under any CN code are required to be examined and no specific subdivision under that code exists in the goods nomenclature, the CN code is marked “ex” (for example, ex 1006 30: only Basmati rice for direct human consumption is included).
(2) In particular residues of: Acephate, Methamidophos, Triazophos, Endosulfan, Monocrotophos.
(3) In particular residues of: Amitraz, Acephate, Aldicarb, Benomyl, Carbendazim, Chlorfenapyr, Chlorpyrifos, CS2 (Dithiocarbamates), Diafenthiuron, Diazinon, Dichlorvos, Dicofol, Dimethoate, Endosulfan, Fenamidone, Imidacloprid, Malathion, Methamidophos, Methiocarb, Methomyl, Monocrotophos, Omethoate, Oxamyl, Profenofos, Propiconazole, Thiabendazol, Thiacloprid.
(4) In particular residues of: Acephate, Carbaryl, Carbendazim, Carbofuran, Chlorpyriphos, Chlorpyriphos-methyl, Dimethoate, Ethion, Malathion, Metalaxyl, Methamidophos, Methomyl, Monocrotophos, Omethoate, Prophenophos, Prothiophos, Quinalphos, Triadimefon, Triazophos, Dicrotophos, EPN, Triforine.
(5) In particular residues of: Triazophos, Oxydemeton-methyl, Chlorpyriphos, Acetamiprid, Thiamethoxam, Clothianidin, Methamidophos, Acephate, Propargite, Monocrotophos.
(6) Reference method EN/ISO 6579 or a certified method validated against it, as referred to in Article 5 of Commission Regulation (EC) No 2073/2005 (OJ L 338, 22.12.2005, p. 1).
(7) In particular residues of: Carbendazim, Cyfluthrin Cyprodinil, Diazinon, Dimethoate, Ethion, Fenitrothion, Fenpropathrin, Fludioxonil, Hexaflumuron, Lambda-cyhalothrin, Methiocarb, Methomyl, Omethoate, Oxamyl, Phenthoate, Thiophanate-methyl.
(8) In particular residues of: Methomyl, Oxamyl, Carbendazim, Clofentezine, Diafenthiuron, Dimethoate, Formetanate, Malathion, Procymidone, Tetradifon, Thiophanate-methyl.
|
26.2.2011 |
EN |
Official Journal of the European Union |
L 53/51 |
COMMISSION REGULATION (EU) No 188/2011
of 25 February 2011
laying down detailed rules for the implementation of Council Directive 91/414/EEC as regards the procedure for the assessment of active substances which were not on the market 2 years after the date of notification of that Directive
(Text with EEA relevance)
THE EUROPEAN COMMISSION,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to Council Directive 91/414/EEC of 15 July 1991 concerning the placing of plant protection products on the market (1), and in particular Article 6(5) thereof,
Whereas:
|
(1) |
It is necessary to adopt rules on a procedure for the submission and appraisal of applications for inclusion in Annex I to Directive 91/414/EEC of active substances which were not yet on the market 2 years after the date of notification of that Directive. In particular periods should be set for the different steps of that procedure to ensure that they are carried out rapidly. |
|
(2) |
Additional information submitted after the application and the dossiers should only be taken into account if it was requested by the European Food Safety Authority, hereinafter ‘the Authority’, or the rapporteur Member State and submitted within the time period set. |
|
(3) |
As regards applications submitted before the entry into force of this Regulation transitional measures should be provided for. In particular, it is appropriate to extend the period which may be granted to the applicant to submit additional information requested by the Authority or the rapporteur Member State. As regards such applications, it is further necessary to set periods for the circulation of the draft assessment report by the Authority and the submission of comments by the Member States, other than the rapporteur Member State, and the applicant. |
|
(4) |
The measures provided for in this Regulation are in accordance with the opinion of the Standing Committee on the Food Chain and Animal Health, |
HAS ADOPTED THIS REGULATION:
Article 1
Scope
This Regulation lays down detailed rules for the submission and appraisal of applications for inclusion in Annex I to Directive 91/414/EEC of active substances which were not on the market on 26 July 1993.
Article 2
Application
1. An applicant wishing to secure the inclusion in Annex I to Directive 91/414/EEC of an active substance covered by Article 1 shall submit an application for that active substance to a Member State, hereinafter referred to as ‘rapporteur Member State’, together with a summary dossier and a complete dossier, as provided for in Article 3, or a scientifically reasoned justification for not providing certain parts of those dossiers, demonstrating that the active substance fulfils the criteria provided for in Article 5 of that Directive.
For the purposes of this Regulation ‘applicant’ means the person who manufactures the active substance himself or who contracts out the manufacturing to another party or a person designated by the manufacturer as his sole representative for the purpose of compliance with this Regulation.
2. When submitting his application, the applicant may, pursuant to Article 14 of Directive 91/414/EEC, request certain parts of the dossiers referred to in paragraph 1 of this Article to be kept confidential. The applicant shall explain for each document or each part of a document why it is to be considered as confidential.
Member States shall assess the confidentiality requests. Upon a request for access to information, the rapporteur Member State shall decide what information is to be kept confidential.
The applicant shall submit separately the information to be kept confidential.
The applicant shall at the same time submit any claims for data protection pursuant to Article 13 of Directive 91/414/EEC.
Article 3
Dossiers
1. The summary dossier shall include the following:
|
(a) |
data with respect to one or more representative uses of at least one plant protection product containing the active substance, demonstrating that the requirements of Article 5 of Directive 91/414/EEC are fulfilled; |
|
(b) |
for each point of the data requirements for the active substance referred to in Annex II to Directive 91/414/EEC, the summaries and results of tests and studies, the name of their owner and of the person or institute that carried out the tests and studies; |
|
(c) |
for each point of the data requirements for the plant protection product referred to in Annex III to Directive 91/414/EEC, the summaries and results of tests and studies, the name of their owner and of the person or institute that carried out the tests and studies relevant to the assessment of the criteria referred to in Article 5 of that Directive taking into account that data gaps in a dossier, as set out in Annex II or Annex III to that Directive, resulting from the proposed range of representative uses, may lead to restrictions in the inclusion in Annex I to that Directive; |
|
(d) |
a checklist demonstrating that the dossier provided for in paragraph 2 is complete; |
|
(e) |
the reasons why the test and study reports submitted are necessary for inclusion of the active substance concerned; |
|
(f) |
an assessment of all information submitted; |
|
(g) |
where relevant, a copy of an application for a residue level as referred to in Article 7 of Regulation (EC) No 396/2005 of the European Parliament and of the Council (2) or a justification for not supplying such copy of an application. |
2. The complete dossier shall contain the full text of the individual test and study reports concerning all the information referred to in points (b) and (c) of paragraph 1 with a list of those tests and studies.
Article 4
Completeness check of the dossiers
1. Within 3 months from receiving the application, the rapporteur Member State shall check whether the dossiers submitted with the application contain all the elements provided for in Article 3, using the checklist referred to in Article 3(1)(d). It shall also check the requests for confidentiality referred to in Article 2(2) and the list of tests and studies submitted pursuant to Article 3(2).
2. Where one or more of the elements provided for in Article 3 are missing, the rapporteur Member State shall inform the applicant, setting a time period for their submission; such time period shall be no more than 3 months.
3. Where at the end of the period, referred to in paragraph 2, the applicant has not submitted the missing elements, the rapporteur Member State shall inform the applicant, the Commission and the other Member States that the application is rejected.
4. Where the dossiers submitted with the application contain all the elements provided for in Article 3, the rapporteur Member State shall notify the applicant, the Commission, the other Member States and the European Food Safety Authority, hereinafter ‘the Authority’, of the completeness of the application. After receiving that notification, the applicant shall immediately forward those dossiers to the other Member States, the Commission and the Authority, including the information about those parts of the dossiers in respect of which confidentiality has been requested as referred to in Article 2(2).
5. Within 4 months from the date of receipt of the notification referred to in paragraph 4, a decision shall be adopted in accordance with Article 6(3) of Directive 91/414/EEC establishing that the dossiers submitted fulfil the requirements of Annexes II and III to that Directive, hereinafter ‘completeness decision’.
Article 5
Submission of information by third parties
1. Any person or Member State wishing to submit to the rapporteur Member State information which might contribute to the assessment, in particular with regard to the potentially dangerous effects of the active substance or its residues on human and animal health and on the environment shall do so, without prejudice to Article 7 of Directive 91/414/EEC, no later than 3 months after a completeness decision for the active substance concerned has been published.
2. The rapporteur Member State shall immediately communicate any information received from third parties to the Authority and the applicant.
3. The applicant may submit its comments on the information referred to in paragraph 2 to the rapporteur Member State and to the Authority at the latest 2 months after receiving that information.
Article 6
Assessment by the rapporteur Member State
1. Within 12 months from the date of publication of the completeness decision, the rapporteur Member State shall prepare and submit to the Commission, with a copy to the Authority, a report assessing whether the active substance can be expected to fulfil the conditions provided for in Article 5 of Directive 91/414/EEC, hereinafter referred to as ‘draft assessment report’. It shall at the same time inform the applicant that the draft assessment report has been submitted and request him to immediately forward to the Authority, the other Member States and the Commission the updated dossiers, where applicable.
2. The rapporteur Member State may consult the Authority.
3. Where the rapporteur Member State needs additional information, it shall request it from the applicant setting a period of up to 6 months for it to be supplied. The rapporteur Member State shall inform the Commission and the Authority. In its assessment the rapporteur Member State shall only take into account information which was requested and submitted within the period granted.
In cases where the rapporteur Member State requests additional information, the 12-month period provided for in paragraph 1 for the submission of the draft assessment report shall be extended by the period granted by the rapporteur Member State for the submission of the additional information. If the requested information is submitted to the rapporteur Member State before the end of the period granted the extension shall correspond to the part of that period actually used.
4. Where at the end of the period referred to in the first subparagraph of paragraph 3, the applicant has not submitted all of the additional information requested in accordance with paragraph 1, the rapporteur Member State shall inform the applicant, the Commission, the other Member States and the Authority and shall state the missing elements in the draft assessment report.
5. If, after giving the applicant an opportunity to comment, the Commission determines that the applicant has failed to submit elements necessary for the assessment referred to in paragraph 1, it shall adopt a decision in accordance with Article 9(2)(b), providing that the active substance concerned is not to be included in Annex I to Directive 91/414/EEC.
Article 7
Circulation of and access to the draft assessment report
1. The Authority shall circulate the draft assessment report received from the rapporteur Member State to the applicant and the other Member States within 30 days from its receipt. Where within this 30-day period the Authority does not receive the dossier provided for in Article 6(1) it shall circulate that report as soon as it receives that dossier.
The period for the submission of written comments to the Authority from Member States and the applicant shall be 2 months.
2. The Authority shall make the draft assessment report available to the public, excluding any information in respect of which confidential treatment has been requested and justified by the applicant in accordance with Article 14 of Directive 91/414/EEC.
It shall grant a period of 2 weeks to the applicant to request confidential treatment.
Article 8
Conclusion by the Authority
1. Within 4 months from the end of the period provided for the submission of written comments, the Authority shall adopt a conclusion on whether the active substance can be expected to meet the conditions provided for in Article 5 of Directive 91/414/EEC and shall communicate it to the applicant, the Member States and the Commission and shall make it available to the public.
Where appropriate, the Authority shall address in its conclusion the risk mitigation options in relation to the intended uses set out in the draft assessment report.
2. The Authority shall, where appropriate, organise a consultation of experts, including experts from the rapporteur Member State.
In that case the 4-month period for the adoption of the conclusion, as set out in paragraph 1, shall be extended by 2 months.
3. Where the Authority needs additional information, it shall, in consultation with the rapporteur Member State, set a period of a maximum of 3 months for the applicant to submit that information to the Member States, the Commission and the Authority. It shall inform the applicant, the Commission and the Member States. In respect of applications for which a completeness decision was published by 31 December 2005, the maximum period shall be 5 months.
4. Within 2 months after receipt of the additional information the rapporteur Member State shall assess that information and submit an addendum to the draft assessment report to the Authority. In respect of applications for which a completeness decision was published by 31 December 2005, that period shall be 3 months.
5. Where the Authority requests additional information in accordance with paragraph 3, the period from the date of that request to the date of the submission of the addendum to the draft assessment report shall not be taken into account for the calculation of the period for the adoption of the conclusion, as provided for in paragraphs 1 and 2.
6. In its conclusion the Authority shall only take into account additional information requested by it or by the rapporteur Member State and submitted within the period granted.
7. The Authority shall establish the format for its conclusion which shall include details concerning the appraisal procedure and the properties of the active substance concerned.
Article 9
Presentation of a draft act
1. The Commission shall, at the latest 6 months after receipt of the conclusion of the Authority, submit to the Standing Committee on the Food Chain and Animal Health, hereinafter ‘the Committee’, a draft review report to be finalised at its meeting.
The applicant shall be given the possibility to submit comments on the draft review report within a period, of up to 30 days, set by the Commission.
2. On the basis of the draft review report and taking into account any comments submitted by the applicant within the period set by the Commission in accordance with paragraph 1, an act shall be adopted in accordance with the procedure referred to in Article 19(2) of Directive 91/414/EEC, providing that:
|
(a) |
an active substance is included in Annex I to Directive 91/414/EEC subject to conditions and restrictions, where appropriate; |
|
(b) |
an active substance is not included in Annex I to that Directive. |
Article 10
Access to the review report
The finalised review report, excluding any parts which refer to confidential information contained in the dossiers and determined as such in accordance with Article 14 of Directive 91/414/EEC, shall be made available to the public.
Article 11
Transitional measures
1. Articles 2, 3 and Article 4(1) shall not apply to applications for inclusion of active substances in Annex I to Directive 91/414/EEC for which the application was received by the rapporteur Member State by 17 March 2011 but for which no completeness check had been made by that date.
For such applications the rapporteur Member State shall perform the completeness check provided for in Article 4(1) by 18 June 2011 at the latest.
2. Articles 2, 3 and 4 shall not apply to applications for inclusion of active substances in Annex I to Directive 91/414/EEC for which the dossier was referred to the Committee in accordance with Article 6(2) of that Directive by 17 March 2011 but for which no completeness decision had been adopted by that date.
For such applications a completeness decision shall be adopted in accordance with Article 6(3) of Directive 91/414/EEC by 18 July 2011.
3. Articles 2, 3 and 4 shall not apply to applications for inclusion of active substances in Annex I to Directive 91/414/EEC for which a completeness decision was adopted but not published by 17 March 2011.
4. Articles 2 to 6 shall not apply to applications for inclusion of active substances in Annex I to Directive 91/414/EEC for which a completeness decision was published by 17 March 2011 but no draft assessment report had been submitted to the Commission by that date.
For such applications the rapporteur Member State shall prepare and submit the draft assessment report to the Commission, with a copy to the Authority by 18 March 2012. It shall at the same time inform the applicant that the draft assessment report has been submitted and request him to immediately forward to the Authority, the other Member States and the Commission the updated dossiers, where applicable. Article 6(2) to (5) shall apply mutatis mutandis.
5. Articles 2 to 6 and the first subparagraph of Article 7(1) shall not apply to applications for which the draft assessment report had been received by the Authority but not circulated to the applicant and the other Member States for comments by 17 March 2011.
6. By way of derogation from paragraph 5, for applications for which the draft assessment report had been submitted to the Commission and the Authority by 31 December 2009 at the latest, Articles 2 to 6 and the first subparagraph of Article 7(1) shall not apply. In such cases, the following procedure shall apply.
By 18 April 2011, the rapporteur Member State shall request the applicant to inform that Member State and the Authority, within 1 month, in case the applicant considers that information that had not been submitted for the preparation of the draft assessment report and that might influence the outcome of the assessment, is available, specifying the nature of that information and its possible influence on the assessment.
Within 2 months from receiving the reply of the applicant, the Authority shall decide whether that information might influence the outcome of the assessment. If so, the Authority shall, without undue delay, ask the rapporteur Member State to request the submission of that information by the applicant. The rapporteur Member State shall update the draft assessment report where appropriate in the light of that information.
The Authority shall set a period of up to 6 months for the rapporteur Member State to prepare and submit to the Commission that updated draft assessment report, with a copy to the Authority. It shall at the same time inform the applicant that the draft assessment report has been submitted and request him to immediately forward to the Authority, the other Member States and the Commission the updated dossiers, where applicable. Article 6(2) to (5) shall apply mutatis mutandis, whereby the period referred to in the first subparagraph of Article 6(3) shall not exceed 3 months.
7. The Commission shall set, and publish on its website, the dates for the circulation of the draft assessment reports referred to in paragraphs 5 and 6. Where a draft assessment report has been updated, as provided for in paragraph 6, it shall be circulated as updated. The Commission shall at the same time set, and publish on its website, the dates for the submission of comments thereon.
Article 12
Fees
1. Member States may recover the costs associated with any work they carry out within the scope of this Regulation, by means of fees or charges.
2. Member States shall ensure that the fees or charges referred to in paragraph 1:
|
(a) |
are established in a transparent manner; and |
|
(b) |
correspond to the actual total cost of the work involved except if it is in public interest to lower the fees and charges. |
Article 13
Other charges, levies or fees
Article 12 is without prejudice to Member States rights to maintain or introduce, in accordance with the Treaty, charges, levies or fees with regard to the authorisation, placing on the market, use and control of active substances and plant protection products other than the fee provided for in that Article.
Article 14
Entry into force
This Regulation shall enter into force on the 20th day following 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, 25 February 2011.
For the Commission
The President
José Manuel BARROSO
(1) OJ L 230, 19.8.1991, p. 1.
|
26.2.2011 |
EN |
Official Journal of the European Union |
L 53/56 |
COMMISSION REGULATION (EU) No 189/2011
of 25 February 2011
amending Annexes VII and IX to Regulation (EC) No 999/2001 of the European Parliament and of the Council laying down rules for the prevention, control and eradication of certain transmissible spongiform encephalopathies
(Text with EEA relevance)
THE EUROPEAN COMMISSION,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to Regulation (EC) No 999/2001 of the European Parliament and of the Council of 22 May 2001 laying down rules for the prevention, control and eradication of certain transmissible spongiform encephalopathies (1), and in particular the first paragraph of Article 23 thereof,
Whereas:
|
(1) |
Regulation (EC) No 999/2001 lays down rules for the prevention, control and eradication of transmissible spongiform encephalopathies (TSEs) in animals. It applies to the production and placing on the market of live animals and products of animal origin and, in certain specific cases, to exports thereof. |
|
(2) |
Chapter A of Annex VII to Regulation (EC) No 999/2001 lays down the eradication measures to be carried out following the confirmation of TSE in ovine and caprine animals. In the case of confirmation of TSE other than bovine spongiform encephalopathy (BSE) in an ovine or caprine animal, the eradication measures consist in either the killing and complete destruction of all animals on the holding or the killing and complete destruction of ovine animals genetically susceptible to scrapie on the holding and in the killing and the complete destruction of all caprine animals on the holding insofar as no genetic resistance to scrapie has been demonstrated in caprine animals. |
|
(3) |
Chapter A of Annex VII to Regulation (EC) No 999/2001 also provides that the Member States may decide to delay the destruction of the animals by up to 5 breeding years subject to certain conditions. However, in the case of ovine or caprine animals kept for the production of milk with a view to placing it on the market, the killing and destruction of the animals may only be delayed for a maximum of 18 months. Regulation (EC) No 999/2001 does not define the starting date for that deferred period of 18 months. In the interests of certainty of Union legislation, it is appropriate to amend Annex VII to that Regulation so that the deferral period begins from the date of confirmation of the index case. |
|
(4) |
In addition, in July 2010, the preliminary results of a scientific study (2) conducted by the Cypriot authorities under the supervision of the European Union Reference Laboratory (EURL) for TSEs showed that a genetic resistance to scrapie in caprine animals could exist. However, the definitive results of that study are not expected to be available before the second semester of 2012. |
|
(5) |
If that study confirms the existence of a resistance to scrapie, it may be considered appropriate, from January 2013, to amend Regulation (EC) No 999/2001, in order to exempt scrapie resistant caprine animals from the requirements for killing and complete destruction laid down in Chapter A of Annex VII to that Regulation. In order to avoid the unnecessary killing and complete destruction of caprine animals that may be considered as scrapie resistant in the near future, on holdings where animals are kept for the production of milk with a view to placing it on the market, it is appropriate to prolong the deferral period for the killing and complete destruction of those animals for a period ending on 31 December 2012, where the index case was confirmed before 1 July 2011. |
|
(6) |
Annex IX to Regulation (EC) No 999/2001 sets out rules for the importation into the Union of live animals, embryos, ova and products of animal origin. Chapter C of that Annex sets out the rules for imports of products of animal origin from bovine, ovine and caprine animals, and in particular gelatine. |
|
(7) |
Article 16 of Regulation (EC) No 999/2001 provides that gelatine derived from hides and skins from healthy ruminants is not to be subject to restrictions on placing on the market pursuant to certain provisions of that Regulation. Therefore, imports into the Union of gelatine derived from hides and skins from healthy ruminants should also not be subject to those restrictions. |
|
(8) |
Chapter D of Annex IX to Regulation (EC) No 999/2001 lays down the rules for imports of animal by-products and processed products derived therefrom from bovine, ovine and caprine animals. |
|
(9) |
Certain animal by-products and derived products, as defined in Regulation (EC) No 1069/2009 of the European Parliament and of the Council of 21 October 2009 laying down health rules as regards animal by-products and derived products not intended for human consumption and repealing Regulation (EC) No 1774/2002 (Animal by-products Regulation) (3), do not present any risk of TSE transmission to humans or animals. Therefore, the health certification requirements laid down in Chapter D of Annex IX to Regulation (EC) No 999/2001 should not apply to imports of such products. |
|
(10) |
Annexes VII and IX to Regulation (EC) No 999/2001 should therefore be amended accordingly. |
|
(11) |
Regulation (EC) No 1069/2009 applies from 4 March 2011. In the interests of clarity and coherency of Union legislation, the amendments made to Chapter D of Annex IX to Regulation (EC) No 999/2001 by this Regulation should also apply from that date. |
|
(12) |
The measures provided for in this Regulation are in accordance with the opinion of the Standing Committee on the Food Chain and Animal Health, |
HAS ADOPTED THIS REGULATION:
Article 1
Annexes VII and IX to Regulation (EC) No 999/2001 are amended in accordance with the Annex to this Regulation.
Article 2
This Regulation shall enter into force on the 20th day following its publication in the Official Journal of the European Union.
Point 2(b) of the Annex to this Regulation shall apply from 4 March 2011.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 25 February 2011.
For the Commission
The President
José Manuel BARROSO
(1) OJ L 147, 31.5.2001, p. 1.
(2) http://www.efsa.europa.eu/en/scdocs/scdoc/1371.htm
(3) OJ L 300, 14.11.2009, p. 1.
ANNEX
Annexes VII and IX to Regulation (EC) No 999/2001 are amended as follows:
|
(1) |
In Annex VII, Chapter A is amended as follows:
|
|
(2) |
Annex IX is amended as follows:
|
(1) OJ L 139, 30.4.2004, p. 55.’
|
26.2.2011 |
EN |
Official Journal of the European Union |
L 53/61 |
COMMISSION REGULATION (EU) No 190/2011
of 25 February 2011
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 Regulation (EC) No 1580/2007 of 21 December 2007 laying down implementing rules for Council Regulations (EC) No 2200/96, (EC) No 2201/96 and (EC) No 1182/2007 in the fruit and vegetable sector (2), and in particular Article 138(1) thereof,
Whereas:
Regulation (EC) No 1580/2007 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 XV, Part A thereto,
HAS ADOPTED THIS REGULATION:
Article 1
The standard import values referred to in Article 138 of Regulation (EC) No 1580/2007 are fixed in the Annex hereto.
Article 2
This Regulation shall enter into force on 26 February 2011.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 25 February 2011.
For the Commission, On behalf of the President,
José Manuel SILVA RODRÍGUEZ
Director-General for Agriculture and Rural Development
(1) OJ L 299, 16.11.2007, p. 1.
(2) OJ L 350, 31.12.2007, 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 |
IL |
122,2 |
|
MA |
59,4 |
|
|
TN |
115,9 |
|
|
TR |
106,3 |
|
|
ZZ |
101,0 |
|
|
0707 00 05 |
TR |
172,7 |
|
ZZ |
172,7 |
|
|
0709 90 70 |
MA |
43,9 |
|
TR |
118,3 |
|
|
ZZ |
81,1 |
|
|
0805 10 20 |
EG |
64,0 |
|
IL |
78,2 |
|
|
MA |
57,3 |
|
|
TN |
49,3 |
|
|
TR |
62,1 |
|
|
ZZ |
62,2 |
|
|
0805 20 10 |
IL |
154,2 |
|
MA |
95,3 |
|
|
ZZ |
124,8 |
|
|
0805 20 30, 0805 20 50, 0805 20 70, 0805 20 90 |
CN |
70,2 |
|
EG |
51,1 |
|
|
IL |
127,7 |
|
|
JM |
74,2 |
|
|
MA |
77,0 |
|
|
PK |
34,8 |
|
|
TR |
66,0 |
|
|
US |
145,5 |
|
|
ZZ |
80,8 |
|
|
0805 50 10 |
EG |
68,7 |
|
MA |
53,4 |
|
|
TR |
48,5 |
|
|
ZZ |
56,9 |
|
|
0808 10 80 |
BR |
55,2 |
|
CA |
91,7 |
|
|
CN |
94,9 |
|
|
MK |
50,2 |
|
|
US |
145,1 |
|
|
ZZ |
87,4 |
|
|
0808 20 50 |
AR |
90,1 |
|
CL |
123,1 |
|
|
CN |
57,4 |
|
|
US |
125,5 |
|
|
ZA |
107,5 |
|
|
ZZ |
100,7 |
|
(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’.
|
26.2.2011 |
EN |
Official Journal of the European Union |
L 53/63 |
COMMISSION REGULATION (EU) No 191/2011
of 25 February 2011
on selling prices for cereals in response to the seventh individual invitations to tender within the tendering procedures opened by Regulation (EU) No 1017/2010
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 43(f), in conjunction with Article 4, thereof
Whereas:
|
(1) |
Commission Regulation (EU) No 1017/2010 (2) has opened the sales of cereals by tendering procedures, in accordance with the conditions provided for in Commission Regulation (EU) No 1272/2009 of 11 December 2009 laying down common detailed rules for the implementation of Council Regulation (EC) No 1234/2007 as regards buying-in and selling of agricultural products under public intervention (3). |
|
(2) |
In accordance with Article 46(1) of Regulation (EU) No 1272/2009 and Article 4 of Regulation (EU) No 1017/2010, in the light of the tenders received in response to individual invitations to tender, the Commission has to fix for each cereal and per Member State a minimum selling price or to decide not to fix a minimum selling price. |
|
(3) |
On the basis of the tenders received for the seventh individual invitations to tender, it has been decided that a minimum selling price should be fixed for the cereals and for the Member States. |
|
(4) |
In order to give a rapid signal to the market and to ensure efficient management of the measure, this Regulation should enter into force on the day of its publication in the Official Journal of the European Union. |
|
(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
For the seventh individual invitations to tender for selling of cereals within the tendering procedures opened by Regulation (EU) No 1017/2010, in respect of which the time limit for the submission of tenders expired on 23 February 2011, the decisions on the selling price per cereal and Member State are 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, 25 February 2011.
For the Commission, On behalf of the President,
José Manuel SILVA RODRÍGUEZ
Director-General for Agriculture and Rural Development
(1) OJ L 299, 16.11.2007, p. 1.
(2) OJ L 293, 11.11.2010, p. 41.
(3) OJ L 349, 29.12.2009, p. 1.
ANNEX
Decisions on sales
|
(EUR/tonne) |
|||||||||||
|
Member State |
The minimum selling price |
||||||||||
|
Common wheat |
Barley |
Maize |
|||||||||
|
CN code 1001 90 |
CN code 1003 00 |
CN code 1005 90 00 |
|||||||||
|
Belgique/België |
X |
X |
X |
||||||||
|
Bulgaria |
X |
X |
X |
||||||||
|
Česká republika |
X |
X |
X |
||||||||
|
Danmark |
X |
X |
X |
||||||||
|
Deutschland |
X |
182,93 |
X |
||||||||
|
Eesti |
X |
X |
X |
||||||||
|
Éire/Ireland |
X |
X |
X |
||||||||
|
Elláda |
X |
X |
X |
||||||||
|
España |
X |
X |
X |
||||||||
|
France |
X |
o |
X |
||||||||
|
Italia |
X |
X |
X |
||||||||
|
Kýpros |
X |
X |
X |
||||||||
|
Latvija |
X |
X |
X |
||||||||
|
Lietuva |
X |
X |
X |
||||||||
|
Luxembourg |
X |
X |
X |
||||||||
|
Magyarország |
X |
X |
X |
||||||||
|
Malta |
X |
X |
X |
||||||||
|
Nederland |
X |
X |
X |
||||||||
|
Österreich |
X |
X |
X |
||||||||
|
Polska |
X |
X |
X |
||||||||
|
Portugal |
X |
X |
X |
||||||||
|
România |
X |
X |
X |
||||||||
|
Slovenija |
X |
X |
X |
||||||||
|
Slovensko |
X |
X |
X |
||||||||
|
Suomi/Finland |
X |
181,50 |
X |
||||||||
|
Sverige |
X |
190,16 |
X |
||||||||
|
United Kingdom |
X |
o |
X |
||||||||
|
|||||||||||
|
26.2.2011 |
EN |
Official Journal of the European Union |
L 53/65 |
COMMISSION REGULATION (EU) No 192/2011
of 25 February 2011
establishing special measures as regards the private storage aid for pigmeat laid down by Regulation (EU) No 68/2011
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 826/2008 of 20 August 2008 laying down common rules for the granting of private storage aid for certain agricultural products (2), and in particular Article 23(3) thereof,
Whereas:
|
(1) |
An examination of the situation has indicated a risk that there will be an excessively large number of applications for the private storage aid scheme for pigmeat introduced by Commission Regulation (EU) No 68/2011 of 28 January 2011 on fixing the amount of aid in advance for private storage of pigmeat (3). |
|
(2) |
Therefore, it is necessary to suspend application of the scheme established by Regulation (EU) No 68/2011 and reject the applications in question. |
|
(3) |
In order to avoid speculation, this Regulation should enter into force on the day following its publication in the Official Journal of the European Union, |
HAS ADOPTED THIS REGULATION:
Article 1
1. Application of Regulation (EU) No 68/2011 is hereby suspended for the period 27 February 2011 to 4 March 2011. Applications to conclude contracts submitted during this period shall not be accepted.
2. Applications submitted from 22 February 2011, whose acceptance would have been decided during the period referred to in paragraph 1, are hereby rejected.
Article 2
This Regulation shall enter into force on the day following 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, 25 February 2011.
For the Commission, On behalf of the President,
José Manuel SILVA RODRÍGUEZ
Director-General for Agriculture and Rural Development
(1) OJ L 299, 16.11.2007, p. 1.
(2) OJ L 223, 21.8.2008, p. 3.
DECISIONS
|
26.2.2011 |
EN |
Official Journal of the European Union |
L 53/66 |
COMMISSION DECISION
of 25 February 2011
establishing minimum requirements for the cross-border processing of documents signed electronically by competent authorities under Directive 2006/123/EC of the European Parliament and of the Council on services in the internal market
(notified under document C(2011) 1081)
(Text with EEA relevance)
(2011/130/EU)
THE EUROPEAN COMMISSION,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to Directive 2006/123/EC of the European Parliament and of the Council of 12 December 2006 on services in the internal market (1), and in particular Article 8(3) thereof,
Whereas:
|
(1) |
Service providers whose services fall within the scope of Directive 2006/123/EC must be able to complete, through the Points of Single Contact and by electronic means, the procedures and formalities necessary for the access to and the exercise of their activities. Within the limits established in Article 5(3) of Directive 2006/123/EC, there may still be cases where service providers have to submit original documents, certified copies or certified translations when completing such procedures and formalities. In those cases, service providers may need to submit documents signed electronically by competent authorities. |
|
(2) |
The cross-border use of advanced electronic signatures supported by a qualified certificate is facilitated through Commission Decision 2009/767/EC of 16 October 2009 setting out measures facilitating the use of procedures by electronic means through the ‘points of single contact’ under Directive 2006/123/EC of the European Parliament and of the Council on services in the internal market (2) which, inter alia, imposes an obligation on Member States to carry out risk assessments before requiring these electronic signatures from service providers and establishes rules for the acceptance by Member States of advanced electronic signatures based on qualified certificates, created with or without a secure signature creation device. However, Decision 2009/767/EC does not deal with formats of electronic signatures in documents issued by competent authorities, that need to be submitted by service providers when completing the relevant procedures and formalities. |
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(3) |
As competent authorities in Member States currently use different formats of advanced electronic signatures to sign their documents electronically, the receiving Member States that have to process these documents may face technical difficulties due to the variety of signature formats used. In order to allow service providers to complete their procedures and formalities across borders by electronic means, it is necessary to ensure that at least a number of advanced electronic signature formats can be technically supported by Member States when they receive documents signed electronically by competent authorities from other Member States. Defining a number of advanced electronic signature formats that need to be supported technically by the receiving Member State would allow greater automation and improve the cross-border interoperability of electronic procedures. |
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(4) |
Member States whose competent authorities use other electronic signature formats than those commonly supported, may have implemented validation means that allow their signatures to be verified also across borders. When this is the case and in order for the receiving Member States to be able to rely on these validation tools, it is necessary to make information on these tools available in an easily accessible way unless the necessary information is included directly in the electronic documents, in the electronic signatures or in the electronic document carriers. |
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(5) |
This Decision does not affect the determination by the Member States of what constitutes an original, a certified copy or a certified translation. Its objective is limited to facilitating the verification of electronic signatures if they are used in the originals, certified copies or certified translations that service providers may need to submit via the Points of Single Contact. |
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(6) |
For the purpose of allowing Member States to implement the necessary technical tools, it is appropriate that this Decision applies as of 1 August 2011. |
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(7) |
The measures provided for in this Decision are in accordance with the opinion of the Services Directive Committee, |
HAS ADOPTED THIS DECISION:
Article 1
Reference format for electronic signatures
1. Member States shall put in place the necessary technical means allowing them to process electronically signed documents that service providers submit in the context of completing procedures and formalities through the Points of Single Contact as foreseen by Article 8 of Directive 2006/123/EC, and which are signed by competent authorities of other Member States with an XML or a CMS or a PDF advanced electronic signature in the BES or EPES format, that complies with the technical specifications set out in the Annex.
2. Member States whose competent authorities sign the documents referred to in paragraph 1 using other formats of electronic signatures than those referred to in that same paragraph, shall notify to the Commission existing validation possibilities that allow other Member States to validate the received electronic signatures online, free of charge and in a way that is understandable for non-native speakers unless the required information is already included in the document, in the electronic signature or in the electronic document carrier. The Commission will make that information available to all Member States.
Article 2
Application
This Decision shall apply from 1 August 2011.
Article 3
Addressees
This Decision is addressed to the Member States.
Done at Brussels, 25 February 2011.
For the Commission
Michel BARNIER
Member of the Commission
(1) OJ L 376, 27.12.2006, p. 36.
(2) OJ L 274, 20.10.2009, p. 36.
ANNEX
Specifications for an XML, CMS or PDF advanced electronic signature to be technically supported by the receiving Member State
Within the following part of the document the key words ‘MUST’, ‘MUST NOT’, ‘REQUIRED’, ‘SHALL’, ‘SHALL NOT’, ‘SHOULD’, ‘SHOULD NOT’, ‘RECOMMENDED’, ‘MAY’, and ‘OPTIONAL’ are to be interpreted as described in RFC 2119 (1).
SECTION 1 — XAdES-BES/EPES
The signature is conform with the W3C XML Signature specifications (2)
The signature MUST at least be a XAdES-BES (or -EPES) signature form as specified in the ETSI TS 101 903 XAdES specifications (3) and complies with all the following additional specifications:
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The ds:CanonicalizationMethod that specifies the canonicalization algorithm applied to the SignedInfo element prior to performing signature calculations identifies one of the following algorithms only:
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Other algorithms or of ‘With comments’ versions of the above listed algorithms SHOULD NOT be used for the signature creation but SHOULD be supported for residual interoperability for the signature verification. |
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MD5 (RFC 1321) MUST NOT be used as a digest algorithm. Signers are referred to applicable national laws, and for the purposes of guidelines to ETSI TS 102 176 (4) and to the ECRYPT2 D.SPA.x report (5) for further recommendations on algorithms and parameters eligible for electronic signatures. |
The use of transforms is restricted to the ones listed below:
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Canonicalization transforms: see related specifications above; |
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Base64 encoding (http://www.w3.org/2000/09/xmldsig#base64); |
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Filtering: XPath (http://www.w3.org/TR/1999/REC-xpath-19991116): for compatibility reasons and conformance with XMLDSig XPath Filter 2.0 (http://www.w3.org/2002/06/xmldsig-filter2): as a successor for XPath due to performance issues |
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Enveloped signature transform: (http://www.w3.org/2000/09/xmldsig#enveloped-signature). |
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XSLT (style sheet) transform. |
The ds:KeyInfo element MUST include the signer’s X.509 v3 digital certificate (i.e. its value and not only a reference to it).
The ‘SigningCertificate’ signed signature property MUST contain the digest value (CertDigest) and IssuerSerial of the signer’s certificate stored in ds:KeyInfo and the optional URI in ‘SigningCertificate’ field MUST NOT be used.
The SigningTime signed signature property is present and contains the UTC expressed as xsd:dateTime (http://www.w3.org/TR/xmlschema-2/#dateTime).
The DataObjectFormat element MUST BE present and contain MimeType sub-element.
In case the signatures used by Member States are based on a qualified certificate, the PKI objects (certificate chains, revocation data, time-stamps) that are included in the signatures are verifiable using the Trusted List, in accordance with Commission Decision 2009/767/EC, of the Member State who is supervising or accrediting the CSP having issued the signatory’s certificate.
Table 1 summarises the specifications that a XAdES-BES/EPES signature must comply with to be supported technically by the receiving Member State.
Table 1
SECTION 2 — CAdES-BES/EPES
The signature is conform with the Cryptographic Message Syntax (CMS) Signature specifications (6).
The signature uses CAdES-BES (or -EPES) signature attributes as specified in the ETSI TS 101 733 CAdES specifications (7) and complies with the additional specifications as indicated in Table 2 below.
All attributes of CAdES which are included in the archive timestamp hash calculation (ETSI TS 101 733 V1.8.1 Annex K) MUST be in DER encoding and any other can be in BER to simplify one-pass processing of CAdES.
MD5 (RFC 1321) MUST NOT be used as a digest algorithm. Signers are referred to applicable national laws, and for the purposes of guidelines to ETSI TS 102 176 (8) and to the ECRYPT2 D.SPA.x report (9) for further recommendations on algorithms and parameters eligible for electronic signatures.
The signed attributes MUST include a reference to the signer’s X.509 v3 digital certificate (RFC 5035) and SignedData.certificates field MUST include its value.
The SigningTime signed attribute MUST be present and MUST contain the UTC expressed as in http://tools.ietf.org/html/rfc5652#section-11.3.
The ContentType signed attribute MUST be present and contains id-data (http://tools.ietf.org/html/rfc5652#section-4) where the data content type is intended to refer to arbitrary octet strings, such as UTF-8 text or ZIP container with MimeType sub-element.
In case the signatures used by Member States are based on a qualified certificate, the PKI objects (certificate chains, revocation data, time-stamps) that are included in the signatures are verifiable using the Trusted List, in accordance with Commission Decision 2009/767/EC, of the Member State who is supervising or accrediting the CSP having issued the signatory’s certificate.
Table 2
SECTION 3 — PAdES-PART 3 (BES/EPES)
The signature MUST use a PAdES-BES (or -EPES) signature extension as specified in the ETSI TS 102 778 PAdES-Part3 specifications (10) and complies with the following additional specifications:
MD5 (RFC 1321) MUST NOT be used as a digest algorithm. Signers are referred to applicable national laws, and for the purposes of guidelines, to ETSI TS 102 176 (11) and to the ECRYPT2 D.SPA.x report (12) for further recommendations on algorithms and parameters eligible for electronic signatures.
The signed attributes MUST include a reference to the signer’s X.509 v3 digital certificate (RFC 5035) and SignedData.certificates field MUST include its value.
The time of signing is indicated by the value of the M entry in the signature dictionary.
In case the signatures used by Member States are based on a qualified certificate, the PKI objects (certificate chains, revocation data, time-stamps) that are included in the signatures are verifiable using the Trusted List, in accordance with Decision 2009/767/EC, of the Member State who is supervising or accrediting the CSP having issued the signatory’s certificate.
(1) IETF RFC 2119: ‘Key words for use in RFCs to indicate Requirements Levels’.
(2) W3C, XML Signature Syntax and Processing, (Version 1.1), http://www.w3.org/TR/xmldsig-core1/
W3C, XML Signature Syntax and Processing, (Second Edition), http://www.w3.org/TR/xmldsig-core/
W3C, XML Signature Best Practices, http://www.w3.org/TR/xmldsig-bestpractices/
(3) ETSI TS 101 903 v1.4.1: XML Advanced Electronic Signatures (XAdES).
(4) ETSI TS 102 176: Electronic Signatures and Infrastructures (ESI); Algorithms and Parameters for Secure Electronic Signatures; Part 1: Hash functions and asymmetric algorithms; Part 2: ‘Secure channel protocols and algorithms for signature creation devices’.
(5) Latest version is D.SPA.13 ECRYPT2 Yearly Report on Algorithms and Key sizes (2009 to 2010), dated 30 March 2010 (http://www.ecrypt.eu.org/documents/D.SPA.13.pdf).
(6) IETF, RFC 5652, Cryptographic Message Syntax (CMS), http://tools.ietf.org/html/rfc5652.
IETF, RFC 5035, Enhanced Security Services (ESS) Update: Adding CertID Algorithm Agility, http://tools.ietf.org/html/rfc5035.
IETF, RFC 3161, Internet X.509 Public Key Infrastructure Time-Stamp Protocol (TSP), http://tools.ietf.org/html/rfc3161.
(7) ETSI TS 101 733 v.1.8.1: CMS Advanced Electronic Signatures (CAdES).
(8) ETSI TS 102 176: Electronic Signatures and Infrastructures (ESI); Algorithms and Parameters for Secure Electronic Signatures; Part 1: Hash functions and asymmetric algorithms; Part 2: ‘Secure channel protocols and algorithms for signature creation devices’.
(9) Latest version is D.SPA.13 ECRYPT2 Yearly Report on Algorithms and Key sizes (2009 to 2010), dated 30 March 2010 (http://www.ecrypt.eu.org/documents/D.SPA.13.pdf).
(10) ETSI TS 102 778-3 v1.2.1: PDF Advanced Electronic Signatures (PAdES), PAdES Enhanced — PAdES-Basic Electronic Signatures and PAdES-Explicit Policy Electronic Signatures Profiles.
(11) ETSI TS 102 176: Electronic Signatures and Infrastructures (ESI); Algorithms and Parameters for Secure Electronic Signatures; Part 1: Hash functions and asymmetric algorithms; Part 2: ‘Secure channel protocols and algorithms for signature creation devices’.
(12) Latest version is D.SPA.13 ECRYPT2 Yearly Report on Algorithms and Key sizes (2009 to 2010), dated 30 March 2010 (http://www.ecrypt.eu.org/documents/D.SPA.13.pdf).
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26.2.2011 |
EN |
Official Journal of the European Union |
L 53/73 |
COMMISSION DECISION
of 25 February 2011
amending Annex II to Decision 2006/766/EC as regards the inclusion of Fiji in the list of third countries and territories from which imports of fishery products for human consumption are permitted
(notified under document C(2011) 1082)
(Text with EEA relevance)
(2011/131/EU)
THE EUROPEAN COMMISSION,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to Regulation (EC) No 854/2004 of the European Parliament and of the Council of 29 April 2004 laying down specific rules for the organisation of official controls on products of animal origin intended for human consumption (1), and in particular Article 11(1) thereof,
Whereas:
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(1) |
Regulation (EC) No 854/2004 lays down specific rules for the organisation of official controls on products of animal origin. In particular, it provides that products of animal origin are only to be imported from a third country or a part of a third country that appears on a list drawn up in accordance with that Regulation. |
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(2) |
Regulation (EC) No 854/2004 also provides that when drawing up and updating such lists, account is to be taken of Union controls in third countries and guarantees by the competent authorities of third countries as regards compliance or equivalence with Union feed and food law and animal health rules specified in Regulation (EC) No 882/2004 of the European Parliament and of the Council of 29 April 2004 on official controls performed to ensure the verification of compliance with feed and food law, animal health and animal welfare rules (2). |
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(3) |
Commission Decision 2006/766/EC of 6 November 2006 establishing the lists of third countries and territories from which imports of bivalve molluscs, echinoderms, tunicates, marine gastropods and fishery products are permitted (3) lists those third countries which satisfy the criteria referred to in Regulation (EC) No 854/2004 and are therefore able to guarantee that export of those products to the Union meet the sanitary conditions laid down in Union legislation to protect the health of consumers. In particular, Annex II to that Decision sets out a list of third countries from which imports of fishery products for human consumption are permitted. |
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(4) |
Fiji is not currently included in the list in Annex II to Decision 2006/766/EC as a third country from which imports of fishery products intended for human consumption are permitted. |
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(5) |
Union controls to evaluate the control system in place in Fiji governing the production of fishery products intended for export to the Union, the last of which took place in September 2010, together with guarantees provided by the competent authority of Fiji, indicate that the conditions applicable in that third country to fishery products for human consumption destined for export to the Union are equivalent to those laid down in the relevant Union legislation. Accordingly, Annex II to Decision 2006/766/EC should be amended in order to permit imports from Fiji of fishery products for human consumption. |
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(6) |
Decision 2006/766/EC should therefore be amended accordingly. |
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(7) |
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
In Annex II to Decision 2006/766/EC, the following entry for Fiji is inserted before the entry for the Falkland Islands:
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‘FJ |
FIJI’ |
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Article 2
This Decision is addressed to the Member States.
Done at Brussels, 25 February 2011.
For the Commission
John DALLI
Member of the Commission
(1) OJ L 139, 30.4.2004, p. 206.
(2) OJ L 165, 30.4.2004, p. 1.
(3) OJ L 320, 18.11.2006, p. 53.
Corrigenda
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26.2.2011 |
EN |
Official Journal of the European Union |
L 53/74 |
Corrigendum to Commission Decision 2009/870/EC of 27 November 2009 amending Decision 2009/821/EC as regards the list of border inspection posts
( Official Journal of the European Union L 315 of 2 December 2009 )
On page 13, in the Annex, point 1(a) is deleted.
