Official Journal L 190/2011

(6) European Food Safety Authority; Conclusion on the peer review of the pesticide risk assessment of the active substance prohexadione on request from the European Commission EFSA Journal 2010; 8(3):1555.

(8) OJ L 220, 21.8.2010, p. 71.

ANNEX I

Common Name, Identification Numbers

IUPAC Name

Purity (1)

Date of approval

Expiration of approval

Specific provisions

Prohexadione

CAS No 127277-53-6 (prohexadione-calcium)

CIPAC No 567 (prohexadione)

No 567.020 (prohexadione-calcium)

3,5-dioxo-4-propionylcyclohexanecarboxylic acid

≥ 890 g/kg

(expressed as prohexadione-calcium)

1 January 2012

31 December 2021

PART A

Only uses as plant growth regulator may be authorised.

PART B

For the implementation of the uniform principles, as referred to in Article 29(6) of Regulation (EC) No 1107/2009, the conclusions of the review report on prohexadione and in particular Appendices I and II thereof, as finalised in the Standing Committee on the Food Chain and Animal Health on 17 June 2011 shall be taken into account.

(1) Further details on identity and specification of active substance are provided in the review report.

ANNEX II

The Annex to Implementing Regulation (EU) No 540/2011 is amended as follows:

(1)	in Part A, the entry relating to prohexadione is deleted;

(2)

in Part B, the following entry is added:

Common Name, Identification Numbers

IUPAC Name

Purity (1)

Date of approval

Expiration of approval

Specific provisions

‘6

Prohexadione

CAS No 127277-53-6 (prohexadione-calcium)

CIPAC No 567 (prohexadione)

No 567.020 (prohexadione-calcium)

3,5-dioxo-4-propionylcyclohexanecarboxylic acid

≥ 890 g/kg

(expressed as prohexadione-calcium)

1 January 2012

31 December 2021

PART A

Only uses as plant growth regulator may be authorised.

PART B

(1) Further details on identity and specification of active substance are provided in the review report.

21.7.2011

Official Journal of the European Union

L 190/33

COMMISSION IMPLEMENTING REGULATION (EU) No 703/2011

of 20 July 2011

approving the active substance azoxystrobin, in accordance with Regulation (EC) No 1107/2009 of the European Parliament and of the Council concerning the placing of plant protection products on the market, and amending the Annex to Commission Implementing Regulation (EU) No 540/2011

(Text with EEA relevance)

THE EUROPEAN COMMISSION,

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

Whereas:

(1)

In accordance with Article 80(1)(b) of Regulation (EC) No 1107/2009, Council Directive 91/414/EEC (2) is to apply to active substances listed in Annex I to Commission Regulation (EC) No 737/2007 of 27 June 2007 on laying down the procedure of the renewal of the inclusion of a first group of active substances in Annex I to Council Directive 91/414/EEC and establishing the list of those substances (3), with respect to the procedure and the conditions for approval. Azoxystrobin is listed in Annex I to Regulation (EC) No 737/2007.

(2)

The approval of azoxystrobin, as set out in Part A of the Annex to Commission Implementing Regulation (EU) No 540/2011 of 25 May 2011 implementing Regulation (EC) No 1107/2009 of the European Parliament and of the Council as regards the list of approved active substances (4), expires on 31 December 2011. A notification was submitted in accordance with Article 4 of Regulation (EC) No 737/2007 for the renewal of the inclusion of azoxystrobin in Annex I to Directive 91/414/EEC within the time period provided for in that Article.

(3)

(4)	Within the time period provided for in Article 6 of Regulation (EC) No 737/2007, the notifier submitted the data required in accordance with that Article together with an explanation as regards the relevance of each new study submitted.

(5)

The rapporteur Member State prepared an assessment report in consultation with the co-rapporteur Member State and submitted it to the European Food Safety Authority (hereinafter ‘the Authority’) and the Commission on 10 June 2009. In addition to the assessment of the active substance, that report includes a list of the studies the rapporteur Member State relied on for its assessment.

(6)	The Authority communicated the assessment report to the notifier and to the Member States for comments and forwarded the comments received to the Commission. The Authority also made the assessment report available to the public.

(7)

At the request of the Commission, the assessment report was peer reviewed by the Member States and the Authority. The Authority presented its conclusion on the peer review of the risk assessment of azoxystrobin (6) to the Commission on 12 March 2010. The assessment report and the conclusion of the Authority were reviewed by the Member States and the Commission within the Standing Committee on the Food Chain and Animal Health and finalised on 17 June 2011 in the format of the Commission review report for azoxystrobin.

(8)

It has appeared from the various examinations made that plant protection products containing azoxystrobin may be expected to continue to satisfy, in general, the requirements laid down in Article 5(1)(a) and (b) of Directive 91/414/EEC, in particular as regards the uses which were examined and detailed in the Commission review report. It is therefore appropriate to approve azoxystrobin.

(9)

In accordance with Article 13(2) of Regulation (EC) No 1107/2009 in conjunction with Article 6 thereof and in the light of current scientific and technical knowledge, it is, however, necessary to include certain conditions and restrictions not provided for in the first inclusion in Annex I to Directive 91/414/EEC.

(10)	Based on the review report, which points out that for the active substance azoxystrobin notified by the main data submitter the manufacturing impurity toluene is of toxicological concern, a maximum level of 2 g/kg should, however, be set for that impurity in the technical material.

(11)	From the new data submitted, it appears that azoxystrobin may cause risks for aquatic organisms. Without prejudice to the conclusion that azoxystrobin should be approved, it is, in particular, appropriate to require further confirmatory information.

(12)	A reasonable period should be allowed to elapse before approval in order to permit Member States and interested parties to prepare themselves to meet the new requirements resulting from the approval.

(13)

Without prejudice to the obligations provided for by Regulation (EC) No 1107/2009 as a consequence of approval, taking into account the specific situation created by the transition from Directive 91/414/EEC to Regulation (EC) No 1107/2009 the following should, however, apply. Member States should be allowed a period of 6 months after approval to review authorisations of plant protection products containing azoxystrobin. Member States should, as appropriate, vary, replace or withdraw authorisations. By way of derogation from that deadline, a longer period should be provided for the submission and assessment of the update of the complete Annex III dossier, as set out in Directive 91/414/EEC, of each plant protection product for each intended use in accordance with the uniform principles.

(14)

(15)	In accordance with Article 13(4) of Regulation (EC) No 1107/2009, the Annex to Implementing Regulation (EU) No 540/2011 should be amended accordingly.

(16)	In the interest of clarity, Commission Directive 2010/55/EU of 20 August 2010 amending Annex I to Council Directive 91/414/EEC to renew the inclusion of azoxystrobin as active substance (8) should be repealed.

(17)	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

Approval of active substance

The active substance azoxystrobin, as specified in Annex I, is approved subject to the conditions laid down in that Annex.

Article 2

Re-evaluation of plant protection products

1. Member States shall in accordance with Regulation (EC) No 1107/2009, where necessary, amend or withdraw existing authorisations for plant protection products containing azoxystrobin as an active substance by 30 June 2012.

2. By way of derogation from paragraph 1, for each authorised plant protection product containing azoxystrobin as either the only active substance or as one of several active substances all of which were listed in the Annex to Implementing Regulation (EU) No 540/2011 by 31 December 2011 at the latest, Member States shall re-evaluate the product in accordance with the uniform principles, as referred to in Article 29(6) of Regulation (EC) No 1107/2009, on the basis of a dossier satisfying the requirements of Annex III to Directive 91/414/EEC and taking into account Part B of the column on specific provisions of Annex I to this Regulation. On the basis of that evaluation, they shall determine whether the product still satisfies the conditions set out in Article 29(1) of Regulation (EC) No 1107/2009.

Following that determination Member States shall:

(a)	in the case of a product containing azoxystrobin as the only active substance, where necessary, amend or withdraw the authorisation by 31 December 2015 at the latest; or

(b)

in the case of a product containing azoxystrobin as one of several active substances, where necessary, amend or withdraw the authorisation by 31 December 2015 or by the date fixed for such an amendment or withdrawal in the respective act or acts which added the relevant substance or substances to Annex I to Directive 91/414/EEC or approved that substance or substances, whichever is the latest.

Article 3

Amendments to Implementing Regulation (EU) No 540/2011

The Annex to Implementing Regulation (EU) No 540/2011 is amended in accordance with Annex II to this Regulation.

Article 4

Repeal

Directive 2010/55/EU is repealed.

Article 5

Entry into force and date of application

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 January 2012.

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

Done at Brussels, 20 July 2011.

For the Commission

The President

José Manuel BARROSO

(6) European Food Safety Authority; Conclusion on the peer review of the pesticide risk assessment of the active substance azoxystrobin. EFSA Journal 2010; 8(4):15421542. [110 pp.]. doi:10.2903/j.efsa.2010.1542. Available online: www.efsa.europa.eu

(8) OJ L 220, 21.8.2010, p. 67.

ANNEX I

Common Name, Identification Numbers

IUPAC Name

Purity (1)

Date of approval

Expiration of approval

Specific provisions

Azoxystrobin

CAS No 131860-33-8

CIPAC No 571

methyl (E)-2-{2[6-(2-cyanophenoxy)pyrimidin-4-yloxy]phenyl}-3-methoxyacrylate

≥ 930 g/kg

Toluene maximum content 2 g/kg

Z-isomer maximum content 25 g/kg

1 January 2012

31 December 2021

PART A

Only uses as fungicide may be authorised.

PART B

For the implementation of the uniform principles, as referred to in Article 29(6) of Regulation (EC) No 1107/2009, the conclusions of the review report on azoxystrobin and in particular Appendices I and II thereof, as finalised in the Standing Committee on the Food Chain and Animal Health on 17 June 2011 shall be taken into account.

In this overall assessment Member States shall pay particular attention to:

(1)	the fact that the specification of the technical material as commercially manufactured must be confirmed and supported by appropriate analytical data. The test material used in the toxicity dossiers should be compared and verified against this specification of the technical material;

(2)	the potential for groundwater contamination, when the active substance is applied in regions with vulnerable soil and/or climatic conditions;

(3)	the protection of aquatic organisms.

The Member States must ensure that the conditions of authorisation include risk mitigation measures, where appropriate.

The Member States concerned shall request the submission of confirmatory information as regards the risk assessment on groundwater and aquatic organisms.

The notifier shall submit to the Member States, the Commission and the Authority such information by 31 December 2013.

(1) Further details on identity and specification of active substance are provided in the review report.

ANNEX II

The Annex to Implementing Regulation (EU) No 540/2011 is amended as follows:

(1)	in Part A, the entry relating to azoxystrobin is deleted;

(2)

in Part B, the following entry is added:

Common Name, Identification Numbers

IUPAC Name

Purity (1)

Date of approval

Expiration of approval

Specific provisions

‘4

Azoxystrobin

CAS No 131860-33-8

CIPAC No 571

methyl (E)-2-{2[6-(2-cyanophenoxy)pyrimidin-4-yloxy]phenyl}-3-methoxyacrylate

≥ 930 g/kg

Toluene maximum content 2 g/kg

Z-isomer maximum content 25 g/kg

1 January 2012

31 December 2021

PART A

Only uses as fungicide may be authorised.

PART B

In this overall assessment Member States shall pay particular attention to:

(1)	the fact that the specification of the technical material as commercially manufactured must be confirmed and supported by appropriate analytical data. The test material used in the toxicity dossiers should be compared and verified against this specification of the technical material;

(2)	the potential for groundwater contamination, when the active substance is applied in regions with vulnerable soil and/or climatic conditions;

(3)	the protection of aquatic organisms.

The Member States must ensure that the conditions of authorisation include risk mitigation measures, where appropriate.

The Member States concerned shall request the submission of confirmatory information as regards the risk assessment on groundwater and aquatic organisms.

The notifier shall submit to the Member States, the Commission and the Authority such information by 31 December 2013.’

(1) Further details on identity and specification of active substance are provided in the review report.

21.7.2011

Official Journal of the European Union

L 190/38

COMMISSION IMPLEMENTING REGULATION (EU) No 704/2011

of 20 July 2011

approving the active substance azimsulfuron, in accordance with Regulation (EC) No 1107/2009 of the European Parliament and of the Council concerning the placing of plant protection products on the market, and amending the Annex to Commission Implementing Regulation (EU) No 540/2011

(Text with EEA relevance)

THE EUROPEAN COMMISSION,

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

Whereas:

(1)

In accordance with Article 80(1)(b) of Regulation (EC) No 1107/2009, Council Directive 91/414/EEC (2) is to apply to active substances listed in Annex I to Commission Regulation (EC) No 737/2007 of 27 June 2007 on laying down the procedure for the renewal of the inclusion of a first group of active substances in Annex I to Council Directive 91/414/EEC and establishing the list of those substances (3), with respect to the procedure and the conditions for approval. Azimsulfuron is listed in Annex I to Regulation (EC) No 737/2007.

(2)

The approval of azimsulfuron, as set out in Part A of the Annex to Commission Implementing Regulation (EU) No 540/2011 of 25 May 2011 implementing Regulation (EC) No 1107/2009 of the European Parliament and of the Council as regards the list of approved active substances (4), expires on 31 December 2011. A notification was submitted in accordance with Article 4 of Regulation (EC) No 737/2007 for the renewal of the inclusion of azimsulfuron in Annex I to Directive 91/414/EEC within the time period provided for in that Article.

(3)

(4)	Within the time period provided for in Article 6 of Regulation (EC) No 737/2007, the notifier submitted the data required in accordance with that Article together with an explanation as regards the relevance of each new study submitted.

(5)

The rapporteur Member State prepared an assessment report in consultation with the co-rapporteur Member State and submitted it to the European Food Safety Authority (hereinafter ‘the Authority’) and the Commission on 1 June 2009. In addition to the assessment of the active substance, that report includes a list of the studies the rapporteur Member State relied on for its assessment.

(6)	The Authority communicated the assessment report to the notifier and to the Member States for comments and forwarded the comments received to the Commission. The Authority also made the assessment report available to the public.

(7)

At the request of the Commission, the assessment report was peer reviewed by the Member States and the Authority. The Authority presented its conclusion on the peer review of the risk assessment of azimsulfuron (6) to the Commission on 12 March 2010. The assessment report and the conclusion of the Authority were reviewed by the Member States and the Commission within the Standing Committee on the Food Chain and Animal Health and finalised on 17 June 2011 in the format of the Commission review report for azimsulfuron.

(8)

It has appeared from the various examinations made that plant protection products containing azimsulfuron may be expected to continue to satisfy, in general, the requirements laid down in Article 5(1)(a) and (b) of Directive 91/414/EEC, in particular as regards the uses which were examined and detailed in the Commission review report. It is therefore appropriate to approve azimsulfuron.

(9)

(10)	Based on the review report, which points out that the manufacturing impurity phenol is of toxicological concern, a maximum level of 2 g/kg should, however, be set for that impurity in the technical material.

(11)

From the new data submitted, it appears that azimsulfuron and its degradation products in aqueous photolysis may cause risks for aquatic organisms. Without prejudice to the conclusion that azimsulfuron should be approved, it is, in particular, appropriate to require further confirmatory information.

(12)	A reasonable period should be allowed to elapse before approval in order to permit Member States and interested parties to prepare themselves to meet the new requirements resulting from the approval.

(13)

Without prejudice to the obligations provided for by Regulation (EC) No 1107/2009 as a consequence of approval, taking into account the specific situation created by the transition from Directive 91/414/EEC to Regulation (EC) No 1107/2009 the following should, however, apply. Member States should be allowed a period of 6 months after approval to review authorisations of plant protection products containing azimsulfuron. Member States should, as appropriate, vary, replace or withdraw authorisations. By way of derogation from that deadline, a longer period should be provided for the submission and assessment of the update of the complete Annex III dossier, as set out in Directive 91/414/EEC, of each plant protection product for each intended use in accordance with the uniform principles.

(14)

(15)	In accordance with Article 13(4) of Regulation (EC) No 1107/2009, the Annex to Implementing Regulation (EU) No 540/2011 should be amended accordingly.

(16)	In the interest of clarity, Commission Directive 2010/54/EU of 20 August 2010 amending Annex I to Council Directive 91/414/EEC to renew the inclusion of azimsulfuron as active substance (8) should be repealed.

(17)	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

Approval of active substance

The active substance azimsulfuron, as specified in Annex I, is approved subject to the conditions laid down in that Annex.

Article 2

Re-evaluation of plant protection products

2. By way of derogation from paragraph 1, for each authorised plant protection product containing azimsulfuron as either the only active substance or as one of several active substances all of which were listed in the Annex to Implementing Regulation (EU) No 540/2011 by 31 December 2011 at the latest, Member States shall re-evaluate the product in accordance with the uniform principles, as referred to in Article 29(6) of Regulation (EC) No 1107/2009, on the basis of a dossier satisfying the requirements of Annex III to Directive 91/414/EEC and taking into account Part B of the column on specific provisions of Annex I to this Regulation. On the basis of that evaluation, they shall determine whether the product still satisfies the conditions set out in Article 29(1) of Regulation (EC) No 1107/2009.

Following that determination Member States shall:

(a)	in the case of a product containing azimsulfuron as the only active substance, where necessary, amend or withdraw the authorisation by 31 December 2015 at the latest; or

(b)

in the case of a product containing azimsulfuron as one of several active substances, where necessary, amend or withdraw the authorisation by 31 December 2015 or by the date fixed for such an amendment or withdrawal in the respective act or acts which added the relevant substance or substances to Annex I to Directive 91/414/EEC or approved that substance or substances, whichever is the latest.

Article 3

Amendments to Implementing Regulation (EU) No 540/2011

The Annex to Implementing Regulation (EU) No 540/2011 is amended in accordance with Annex II to this Regulation.

Article 4

Repeal

Directive 2010/54/EU is repealed.

Article 5

Entry into force and date of application

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 January 2012.

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

Done at Brussels, 20 July 2011.

For the Commission

The President

José Manuel BARROSO

(6) European Food Safety Authority; Conclusion on the peer review of the pesticide risk assessment of the active substance azimsulfuron. EFSA Journal 2010; 8(3):1554. [61 pp.]. doi:10.2903/j.efsa.2010.1554. Available online: www.efsa.europa.eu

(8) OJ L 220, 21.8.2010, p. 63.

ANNEX I

Common Name, Identification Numbers

IUPAC Name

Purity (1)

Date of approval

Expiration of approval

Specific provisions

Azimsulfuron

CAS No 120162-55-2

CIPAC No 584

1-(4,6-dimethoxypyrimidin-2-yl)-3-[1-methyl-4-(2-methyl-2H-tetrazol-5-yl)-pyrazol-5-ylsulfonyl]-urea

≥ 980 g/kg

maximum level of the impurity phenol 2 g/kg

1 January 2012

31 December 2021

PART A

Only uses as herbicide may be authorised.

Aerial applications may not be authorised.

PART B

For the implementation of the uniform principles, as referred to in Article 29(6) of Regulation (EC) No 1107/2009, the conclusions of the review report on azimsulfuron, and in particular Appendices I and II thereof, as finalised in the Standing Committee on the Food Chain and Animal Health on 17 June 2011 shall be taken into account.

In this overall assessment Member States shall pay particular attention to:

(1)	the protection of non-target plants;

(2)	the potential for groundwater contamination, when the active substance is applied in vulnerable scenarios and/or climatic conditions;

(3)	the protection of aquatic organisms.

Member States shall ensure that the conditions of authorisation include risk mitigation measures, where appropriate (e.g. buffer zones, in rice cultivation minimum holding periods for water prior to discharge).

The notifier shall submit confirmatory information as regards:

(a)	the risk assessment on aquatic organisms;

(b)	the identification of the degradation products in the aqueous photolysis of the substance.

The notifier shall submit to the Member States, the Commission and the Authority such information by 31 December 2013.

(1) Further details on identity and specification of active substance are provided in the review report.

ANNEX II

The Annex to Implementing Regulation (EU) No 540/2011 is amended as follows:

(1)	in Part A, the entry relating to azimsulfuron is deleted;

(2)

in Part B, the following entry is added:

Common Name, Identification Numbers

IUPAC Name

Purity (1)

Date of approval

Expiration of approval

Specific provisions

‘3

Azimsulfuron

CAS No 120162-55-2

CIPAC No 584

1-(4,6-dimethoxypyrimidin-2-yl)-3-[1-methyl-4-(2-methyl-2H-tetrazol-5-yl)-pyrazol-5-ylsulfonyl]-urea

≥ 980 g/kg

maximum level of the impurity phenol 2 g/kg

1 January 2012

31 December 2021

PART A

Only uses as herbicide may be authorised.

Aerial applications may not be authorised.

PART B

In this overall assessment Member States shall pay particular attention to:

(1)	the protection of non-target plants;

(2)	the potential for groundwater contamination, when the active substance is applied in vulnerable scenarios and/or climatic conditions;

(3)	the protection of aquatic organisms.

The notifier shall submit confirmatory information as regards:

(a)	the risk assessment on aquatic organisms;

(b)	the identification of the degradation products in the aqueous photolysis of the substance.

The notifier shall submit to the Member States, the Commission and the Authority such information by 31 December 2013.’

(1) Further details on identity and specification of active substance are provided in the review report.

21.7.2011

Official Journal of the European Union

L 190/43

COMMISSION IMPLEMENTING REGULATION (EU) No 705/2011

of 20 July 2011

approving the active substance imazalil, in accordance with Regulation (EC) No 1107/2009 of the European Parliament and of the Council concerning the placing of plant protection products on the market, and amending the Annex to Commission Implementing Regulation (EU) No 540/2011

(Text with EEA relevance)

THE EUROPEAN COMMISSION,

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

Whereas:

(1)

In accordance with Article 80(1)(b) of Regulation (EC) No 1107/2009, Council Directive 91/414/EEC (2) is to apply to active substances listed in Annex I to Commission Regulation (EC) No 737/2007 of 27 June 2007 on laying down the procedure of the renewal of the inclusion of a first group of active substances in Annex I to Council Directive 91/414/EEC and establishing the list of those substances (3), with respect to the procedure and the conditions for approval. Imazalil is listed in Annex I to Regulation (EC) No 737/2007.

(2)

The approval of imazalil, as set out in Part A of the Annex to Commission Implementing Regulation (EU) No 540/2011 of 25 May 2011 implementing Regulation (EC) No 1107/2009 of the European Parliament and of the Council as regards the list of approved active substances (4), expires on 31 December 2011. A notification was submitted in accordance with Article 4 of Regulation (EC) No 737/2007 for the renewal of the inclusion of imazalil in Annex I to Directive 91/414/EEC within the time period provided for in that Article.

(3)

(4)	Within the time period provided for in Article 6 of Regulation (EC) No 737/2007, the notifier submitted the data required in accordance with that Article together with an explanation as regards the relevance of each new study submitted.

(5)

The rapporteur Member State prepared an assessment report in consultation with the co-rapporteur Member State and submitted it to the European Food Safety Authority (hereinafter ‘the Authority’) and the Commission on 9 June 2009. In addition to the assessment of the active substance, that report includes a list of the studies the rapporteur Member State relied on for its assessment.

(6)	The Authority communicated the assessment report to the notifier and to the Member States for comments and forwarded the comments received to the Commission. The Authority also made the assessment report available to the public.

(7)

At the request of the Commission, the assessment report was peer reviewed by the Member States and the Authority. The Authority presented its conclusion on the peer review of the risk assessment of imazalil (6) to the Commission on 4 March 2010. The assessment report and the conclusion of the Authority were reviewed by the Member States and the Commission within the Standing Committee on the Food Chain and Animal Health and finalised on 17 June 2011 in the format of the Commission review report for imazalil.

(8)

It has appeared from the various examinations made that plant protection products containing imazalil may be expected to continue to satisfy, in general, the requirements laid down in Article 5(1)(a) and (b) of Directive 91/414/EEC, in particular as regards the uses which were examined and detailed in the Commission review report. It is therefore appropriate to approve imazalil.

(9)

(10)

Based on the review report which supports a lower level of purity compared to that set out in Part A of the Annex to Commission Implementing Regulation (EU) No 540/2011, and taking into account that no toxicologically or ecotoxicologically significant impurities are present, the purity level should be modified.

(11)

From the new data submitted, it appears that imazalil and its degradation products in soil and surface water systems may cause risks for soil micro-organisms and aquatic organisms; negligible groundwater exposure needs to be confirmed; further investigation is needed on the nature of residues in processed commodities. Without prejudice to the conclusion that imazalil should be approved, it is, in particular, appropriate to require further confirmatory information.

(12)	A reasonable period should be allowed to elapse before approval in order to permit Member States and interested parties to prepare themselves to meet the new requirements resulting from the approval.

(13)

Without prejudice to the obligations provided for by Regulation (EC) No 1107/2009 as a consequence of approval, taking into account the specific situation created by the transition from Directive 91/414/EEC to Regulation (EC) No 1107/2009 the following should, however, apply. Member States should be allowed a period of 6 months after approval to review authorisations of plant protection products containing imazalil. Member States should, as appropriate, vary, replace or withdraw authorisations. By way of derogation from that deadline, a longer period should be provided for the submission and assessment of the update of the complete Annex III dossier, as set out in Directive 91/414/EEC, of each plant protection product for each intended use in accordance with the uniform principles.

(14)

(15)	In accordance with Article 13(4) of Regulation (EC) No 1107/2009, the Annex to Implementing Regulation (EU) No 540/2011 should be amended accordingly.

(16)	In the interest of clarity, Commission Directive 2010/57/EU of 26 August 2010 amending Annex I to Council Directive 91/414/EEC to renew the inclusion of imazalil as active substance (8) should be repealed.

(17)	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

Approval of active substance

The active substance imazalil, as specified in Annex I, is approved subject to the conditions laid down in that Annex.

Article 2

Re-evaluation of plant protection products

1. Member States shall in accordance with Regulation (EC) No 1107/2009, where necessary, amend or withdraw existing authorisations for plant protection products containing imazalil as an active substance by 30 June 2012.

By that date they shall in particular verify that the conditions in Annex I to this Regulation are met, with the exception of those identified in Part B of the column on specific provisions of that Annex, and that the holder of the authorisation has, or has access to, a dossier satisfying the requirements of Annex II to Directive 91/414/EEC in accordance with the conditions of Article 13(1) to (4) of that Directive and Article 62 of Regulation (EC) No 1107/2009.

2. By way of derogation from paragraph 1, for each authorised plant protection product containing imazalil as either the only active substance or as one of several active substances all of which were listed in the Annex to Implementing Regulation (EU) No 540/2011 by 31 December 2011 at the latest, Member States shall re-evaluate the product in accordance with the uniform principles, as referred to in Article 29(6) of Regulation (EC) No 1107/2009, on the basis of a dossier satisfying the requirements of Annex III to Directive 91/414/EEC and taking into account Part B of the column on specific provisions of Annex I to this Regulation. On the basis of that evaluation, they shall determine whether the product satisfies the conditions set out in Article 29(1) of Regulation (EC) No 1107/2009.

Following that determination Member States shall:

(a)	in the case of a product containing imazalil as the only active substance, where necessary, amend or withdraw the authorisation by 31 December 2015 at the latest; or

(b)

in the case of a product containing imazalil as one of several active substances, where necessary, amend or withdraw the authorisation by 31 December 2015 or by the date fixed for such an amendment or withdrawal in the respective act or acts which added the relevant substance or substances to Annex I to Directive 91/414/EEC or approved that substance or substances, whichever is the latest.

Article 3

Amendments to Implementing Regulation (EU) No 540/2011

The Annex to Implementing Regulation (EU) No 540/2011 is amended in accordance with Annex II to this Regulation.

Article 4

Repeal

Directive 2010/57/EU is repealed.

Article 5

Entry into force and date of application

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 January 2012.

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

Done at Brussels, 20 July 2011.

For the Commission

The President

José Manuel BARROSO

(6) European Food Safety Authority; Conclusion on the peer review of the pesticide risk assessment of the active substance imazalil on request from the European Commission EFSA Journal 2010; 8(3):1526.

(8) OJ L 225, 27.8.2010, p. 5.

ANNEX I

Common Name, Identification Numbers

IUPAC Name

Purity (1)

Date of approval

Expiration of approval

Specific provisions

Imazalil

CAS No 35554-44-0

73790-28-0 (replaced)

CIPAC No 335

(RS)-1-(β-allyloxy-2,4-dichlorophenethyl)imidazole

allyl (RS)-1-(2,4-dichlorophenyl)-2-imidazol-1-ylethyl ether

≥ 950 g/kg

1 January 2012

31 December 2021

PART A

Only uses as fungicide may be authorised.

PART B

For the implementation of the uniform principles, as referred to in Article 29(6) of Regulation (EC) No 1107/2009, the conclusions of the review report on imazalil, and in particular Appendices I and II thereof, as finalised in the Standing Committee on the Food Chain and Animal Health on 17 June 2011 shall be taken into account.

In this overall assessment Member States shall:

(1)

pay particular attention to the fact that the specification of the technical material as commercially manufactured must be confirmed and supported by appropriate analytical data. The test material used in the toxicity dossiers should be compared and verified against this specification of the technical material;

(2)	pay particular attention to the acute dietary exposure situation of consumers in view of future revisions of maximum residue levels;

(3)	pay particular attention to the operators and workers safety. Authorised conditions of use must prescribe the application of adequate personal protective equipment and risk mitigation measures to reduce the exposure;

(4)

ensure that appropriate waste management practices to handle the waste solution remaining after application, such as the cleaning water of the drenching system and the discharge of the processing waste are put in place. Prevention of any accidental spillage of treatment solution. Member States permitting the release of waste water into the sewage system shall ensure that a local risk assessment is carried out;

(5)	pay particular attention to risk to aquatic organisms and soil micro-organisms and long-term risk to granivorous birds and mammals.

Conditions of authorisation shall include risk mitigation measures, where appropriate.

The notifier shall submit confirmatory information as regards:

(a)	route of degradation of imazalil in soil and surface water systems;

(b)	environmental data to support the managing measures that Member States have to put in place to ensure that groundwater exposure is negligible;

(c)	a hydrolysis study to investigate the nature of residues in processed commodities.

The notifier shall submit to the Member States, the Commission and the Authority such information by 31 December 2013.

(1) Further details on identity and specification of active substance are provided in the review report.

ANNEX II

The Annex to Implementing Regulation (EU) No 540/2011 is amended as follows:

(1)	in Part A, the entry relating to imazalil is deleted;

(2)

in Part B, the following entry is added:

Common Name, Identification Numbers

IUPAC Name

Purity (1)

Date of approval

Expiration of approval

Specific provisions

‘5

Imazalil

CAS No 35554-44-0

73790-28-0 (replaced)

CIPAC No 335

(RS)-1-(β-allyloxy-2,4-dichlorophenethyl)imidazole

allyl (RS)-1-(2,4-dichlorophenyl)-2-imidazol-1-ylethyl ether

≥ 950 g/kg

1 January 2012

31 December 2021

PART A

Only uses as fungicide may be authorised.

PART B

In this overall assessment Member States shall:

(1)

(2)	pay particular attention to the acute dietary exposure situation of consumers in view of future revisions of maximum residue levels;

(3)	pay particular attention to the operators and workers safety. Authorised conditions of use must prescribe the application of adequate personal protective equipment and risk mitigation measures to reduce the exposure;

(4)

(5)	pay particular attention to risk to aquatic organisms and soil micro-organisms and long-term risk to granivorous birds and mammals.

Conditions of authorisation shall include risk mitigation measures, where appropriate.

The notifier shall submit confirmatory information as regards:

(a)	route of degradation of imazalil in soil and surface water systems;

(b)	environmental data to support the managing measures that Member States have to put in place to ensure that groundwater exposure is negligible;

(c)	a hydrolysis study to investigate the nature of residues in processed commodities.

The notifier shall submit to the Member States, the Commission and the Authority such information by 31 December 2013.’

(1) Further details on identity and specification of active substance are provided in the review report.

21.7.2011

Official Journal of the European Union

L 190/50

COMMISSION IMPLEMENTING REGULATION (EU) No 706/2011

of 20 July 2011

approving the active substance profoxydim, in accordance with Regulation (EC) No 1107/2009 of the European Parliament and of the Council concerning the placing of plant protection products on the market, and amending the Annex to Commission Implementing Regulation (EU) No 540/2011

(Text with EEA relevance)

THE EUROPEAN COMMISSION,

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

Whereas:

(1)

In accordance with Article 80(1)(a) of Regulation (EC) No 1107/2009, Council Directive 91/414/EEC (2) is to apply, with respect to the procedure and the conditions for approval, to active substances for which a decision has been adopted in accordance with Article 6(3) of that Directive before 14 June 2011. For profoxydim the conditions of Article 80(1)(a) of Regulation (EC) No 1107/2009 are fulfilled by Commission Decision 1999/43/EC (3).

(2)

In accordance with Article 6(2) of Directive 91/414/EEC Spain received on 2 April 1998 an application from BASF SE for the inclusion of the active substance profoxydim in Annex I to Directive 91/414/EEC. Decision 1999/43/EC confirmed that the dossier was ‘complete’ in the sense that it could be considered as satisfying, in principle, the data and information requirements of Annexes II and III to Directive 91/414/EEC.

(3)

For that active substance, the effects on human and animal health and the environment have been assessed, in accordance with the provisions of Article 6(2) and (4) of Directive 91/414/EEC, for the uses proposed by the applicant. The designated rapporteur Member State submitted a draft assessment report on 28 March 2001.

(4)	For profoxydim the draft assessment report was reviewed by the Member States and the Commission within the Standing Committee on the Food Chain and Animal Health. The review was finalised on 17 June 2011 in the format of the Commission review report for profoxydim.

(5)

It has appeared from the various examinations made that plant protection products containing profoxydim may be expected to satisfy, in general, the requirements laid down in Article 5(1)(a) and (b) and Article 5(3) of Directive 91/414/EEC, in particular with regard to the uses which were examined and detailed in the Commission review report. It is therefore appropriate to approve profoxydim.

(6)

Without prejudice to the obligations provided for by Regulation (EC) No 1107/2009 as a consequence of approval, taking into account the specific situation created by the transition from Directive 91/414/EEC to Regulation (EC) No 1107/2009 the following should, however, apply. Member States should be allowed a period of 6 months after approval to review authorisations of plant protection products containing profoxydim. Member States should, as appropriate, vary, replace or withdraw authorisations. By way of derogation from that deadline, a longer period should be provided for the submission and assessment of the update of the complete Annex III dossier, as set out in Directive 91/414/EEC, of each plant protection product for each intended use in accordance with the uniform principles.

(7)

The experience gained from inclusions in Annex I to Directive 91/414/EEC of active substances assessed in the framework of Commission Regulation (EEC) No 3600/92 of 11 December 1992 laying down the detailed rules for the implementation of the first stage of the programme of work referred to in Article 8(2) of Council Directive 91/414/EEC concerning the placing of plant protection products on the market (4) has shown that difficulties can arise in interpreting the duties of holders of existing authorisations in relation to access to data. In order to avoid further difficulties it therefore appears necessary to clarify the duties of the Member States, especially the duty to verify that the holder of an authorisation demonstrates access to a dossier satisfying the requirements of Annex II to that Directive. However, this clarification does not impose any new obligations on Member States or holders of authorisations compared to the directives which have been adopted until now amending Annex I to that Directive or the Regulations approving active substances.

(8)

In accordance with Article 13(4) of Regulation (EC) No 1107/2009, the Annex to Commission Implementing Regulation (EU) No 540/2011 of 25 May 2011 implementing Regulation (EC) No 1107/2009 of the European Parliament and of the Council as regards the list of approved active substances (5) should be amended accordingly.

(9)	In the interest of clarity, Commission Directive 2011/14/EU of 24 February 2011 amending Council Directive 91/414/EEC to include profoxydim as active substance (6) should be repealed.

(10)	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

Approval of active substance

The active substance profoxydim, as specified in Annex I, is approved subject to the conditions laid down in that Annex.

Article 2

Re-evaluation of plant protection products

By that date, they shall in particular verify that the conditions in Annex I to this Regulation are met, with the exception of those identified in Part B of the column on specific provisions of that Annex, and that the holder of the authorisation has, or has access to, a dossier satisfying the requirements of Annex II to Directive 91/414/EEC in accordance with the conditions of Article 13(1) to (4) of that Directive and Article 62 of Regulation (EC) No 1107/2009.

2. By way of derogation from paragraph 1, for each authorised plant protection product containing profoxydim as either the only active substance or as one of several active substances all of which were listed in the Annex to Implementing Regulation (EU) No 540/2011 by 31 July 2011 at the latest, Member States shall re-evaluate the product in accordance with the uniform principles, as referred to in Article 29(6) of Regulation (EC) No 1107/2009, on the basis of a dossier satisfying the requirements of Annex III to Directive 91/414/EEC and taking into account Part B of the column on specific provisions of Annex I to this Regulation. On the basis of that evaluation, they shall determine whether the product satisfies the conditions set out in Article 29(1) of Regulation (EC) No 1107/2009.

Following that determination Member States shall:

(a)	in the case of a product containing profoxydim as the only active substance, where necessary, amend or withdraw the authorisation by 31 January 2013 at the latest; or

(b)

in the case of a product containing profoxydim as one of several active substances, where necessary, amend or withdraw the authorisation by 31 January 2013 or by the date fixed for such an amendment or withdrawal in the respective act or acts which added the relevant substance or substances to Annex I to Directive 91/414/EEC or approved that substance or substances, whichever is the latest.

Article 3

Amendments to Implementing Regulation (EU) No 540/2011

The Annex to Implementing Regulation (EU) No 540/2011 is amended in accordance with Annex II to this Regulation.

Article 4

Repeal

Directive 2011/14/EU is repealed.

Article 5

Entry into force and date of application

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 August 2011.

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

Done at Brussels, 20 July 2011.

For the Commission

The President

José Manuel BARROSO

(3) OJ L 14, 19.1.1999, p. 30.

(4) OJ L 366, 15.12.1992, p. 10.

(5) OJ L 153, 11.6.2011, p. 1.

(6) OJ L 51, 25.2.2011, p. 16.

ANNEX I

Common Name, Identification Numbers

IUPAC Name

Purity (1)

Date of approval

Expiration of approval

Specific provisions

Profoxydim

CAS No 139001-49-3

CIPAC No 621

2 - [(1 E/Z) - [(2 R S) – 2 - (4 – chlorophenoxy) propoxyimino] butyl] – 3 – hydroxy – 5 - [(3 R S; 3 S R) – tetrahydro – 2 H – thiopyran – 3 – yl] cyclohex – 2 - enone

≥ 940 g/kg

1 August 2011

31 July 2021

PART A

Only uses as herbicide in rice may be authorised.

PART B

For the implementation of the uniform principles, as referred to in Article 29(6) of Regulation (EC) No 1107/2009, the conclusions of the review report on profoxydim, and in particular Appendices I and II thereof, as finalised in the Standing Committee on the Food Chain and Animal Health on 17 June 2011 shall be taken into account.

In this overall assessment, Member States shall pay particular attention to:

—	the protection of groundwater when the active substance is applied in regions with vulnerable soil and/or climatic conditions,

—	the long-term risk to non-target organisms.

Conditions of authorisation shall include risk mitigation measures where appropriate.

(1) Further details on identity and specification of active substances are provided in the review report.

ANNEX II

In Part B of the Annex to Implementing Regulation (EU) No 540/2011, the following entry is added:

Number

Common Name, Identification Numbers

IUPAC Name

Purity (1)

Date of approval

Expiration of approval

Specific provisions

‘2

Profoxydim

CAS No 139001-49-3

CIPAC No 621

2 - [(1 E/Z) - [(2 R S) – 2 - (4 – chlorophenoxy) propoxyimino] butyl] – 3 – hydroxy – 5 - [(3 R S; 3 S R) – tetrahydro – 2 H – thiopyran – 3 – yl] cyclohex – 2 - enone

≥ 940 g/kg

1 August 2011

31 July 2021

PART A

Only uses as herbicide in rice may be authorised.

PART B

In this overall assessment, Member States shall pay particular attention to:

—	the protection of groundwater when the active substance is applied in regions with vulnerable soil and/or climatic conditions,

—	the long-term risk to non-target organisms.

Conditions of authorisation shall include risk mitigation measures where appropriate.’

(1) Further details on identity and specification of active substances are provided in the review report.

21.7.2011

Official Journal of the European Union

L 190/54

COMMISSION IMPLEMENTING REGULATION (EU) No 707/2011

of 20 July 2011

on setting the final amount of aid for dried fodder for the 2010/2011 marketing year

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 90(c), in conjunction with Article 4 thereof,

Whereas:

(1)	Article 88(1) of Regulation (EC) No 1234/2007 sets the amount for aid to be paid to processors for dried fodder up to the maximum guaranteed quantity laid down in Article 89 of that Regulation.

(2)

In accordance with the second subparagraph of Article 33(1) of Commission Regulation (EC) No 382/2005 of 7 March 2005 laying down detailed rules for the application of Council Regulation (EC) No 1786/2003 on the common organisation of the market in dried fodder (2), the Member States have notified the Commission of the quantities of dried fodder in respect of which entitlements to aid have been recognised for the 2010/2011 marketing year. These notifications indicate that the maximum guaranteed quantity for dried fodder has not been exceeded.

(3)	Therefore, in accordance with Article 88(1) of Regulation (EC) No 1234/2007, the amount of the aid for dried fodder is EUR 33 per tonne.

(4)	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

The final amount of the aid for dried fodder for the 2010/2011 marketing year shall be EUR 33 per tonne.

Article 2

This Regulation shall enter into force on the third 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, 20 July 2011.

For the Commission

The President

José Manuel BARROSO

(2) OJ L 61, 8.3.2005, p. 4.

21.7.2011

Official Journal of the European Union

L 190/55

COMMISSION IMPLEMENTING REGULATION (EU) No 708/2011

of 20 July 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 Commission Implementing Regulation (EU) No 543/2011 of 7 June 2011 laying down detailed rules for the application of Council Regulation (EC) No 1234/2007 in respect of the fruit and vegetables and processed fruit and vegetables sectors (2), and in particular Article 136(1) thereof,

Whereas:

Implementing Regulation (EU) No 543/2011 lays down, pursuant to the outcome of the Uruguay Round multilateral trade negotiations, the criteria whereby the Commission fixes the standard values for imports from third countries, in respect of the products and periods stipulated in Annex XVI, Part A thereto,

HAS ADOPTED THIS REGULATION:

Article 1

The standard import values referred to in Article 136 of Implementing Regulation (EU) No 543/2011 are fixed in the Annex hereto.

Article 2

This Regulation shall enter into force on 21 July 2011.

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

Done at Brussels, 20 July 2011.

For the Commission, On behalf of the President,

José Manuel SILVA RODRÍGUEZ

Director-General for Agriculture and Rural Development

(2) OJ L 157, 15.6.2011, p. 1.

ANNEX

Standard import values for determining the entry price of certain fruit and vegetables

(EUR/100 kg)
CN code	Third country code (1)	Standard import value
0702 00 00	AL	49,0
	AR	19,4
	EC	19,4
	MK	41,0
	ZZ	32,2
0707 00 05	AR	22,0
	TR	105,8
	ZZ	63,9
0709 90 70	AR	24,9
	TR	110,8
	ZZ	67,9
0805 50 10	AR	66,1
	TR	62,0
	UY	66,8
	ZA	77,5
	ZZ	68,1
0808 10 80	AR	124,7
	BR	79,3
	CL	92,2
	CN	104,7
	NZ	115,6
	US	166,9
	ZA	99,2
	ZZ	111,8
0808 20 50	AR	81,6
	CL	93,7
	CN	54,5
	NZ	149,7
	ZA	100,0
	ZZ	95,9
0809 10 00	TR	196,3
	XS	143,2
	ZZ	169,8
0809 20 95	TR	286,5
0809 20 95	ZZ	286,5
0809 30	TR	158,2
0809 30	ZZ	158,2
0809 40 05	BA	55,4
0809 40 05	ZZ	55,4

(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’.

21.7.2011

Official Journal of the European Union

L 190/57

COMMISSION IMPLEMENTING REGULATION (EU) No 709/2011

of 20 July 2011

fixing the export refunds on milk and milk products

THE EUROPEAN COMMISSION,

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

Whereas:

(1)	Article 162(1) of Regulation (EC) No 1234/2007 provides that the difference between prices on the world market for the products listed in Part XVI of Annex I to that Regulation and prices for those products on the Union market may be covered by an export refund.

(2)	Given the present situation on the market in milk and milk products, export refunds should be fixed in accordance with the rules and certain criteria provided for in Articles 162, 163, 164, 167 and 169 of Regulation (EC) No 1234/2007.

(3)

Article 164(1) of Regulation (EC) No 1234/2007 provides that export refunds may vary according to destination, especially where the world market situation, the specific requirements of certain markets or obligations resulting from agreements concluded in accordance with Article 300 of the Treaty make this necessary.

(4)

Refunds should be granted only on products that comply with the requirements of Commission Regulation (EC) No 1187/2009 of 27 November 2009 laying down special detailed rules for the application of Council Regulation (EC) No 1234/2007 as regards export licences and export refunds for milk and milk products (2).

(5)	The currently applicable refunds have been fixed by Commission Regulation (EU) No 400/2011 (3). Since new refunds should be fixed, that Regulation should therefore be repealed.

(6)	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

Export refunds as provided for in Article 164 of Regulation (EC) No 1234/2007 shall be granted on the products and for the amounts set out in the Annex to this Regulation, subject to the conditions provided for in Article 3 of Regulation (EC) No 1187/2009.

Article 2

Regulation (EU) No 400/2011 is hereby repealed.

Article 3

This Regulation shall enter into force on 21 July 2011.

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

Done at Brussels, 20 July 2011.

For the Commission, On behalf of the President,

José Manuel SILVA RODRÍGUEZ

Director-General for Agriculture and Rural Development

(2) OJ L 318, 4.12.2009, p. 1.

(3) OJ L 105, 21.4.2011, p. 10.

ANNEX

Export refunds on milk and milk products applicable from 21 July 2011

Product code

Destination

Unit of measurement

Refunds

0401 30 31 9100

L20

EUR/100 kg

0,00

0401 30 31 9400

L20

EUR/100 kg

0,00

0401 30 31 9700

L20

EUR/100 kg

0,00

0401 30 39 9100

L20

EUR/100 kg

0,00

0401 30 39 9400

L20

EUR/100 kg

0,00

0401 30 39 9700

L20

EUR/100 kg

0,00

0401 30 91 9100

L20

EUR/100 kg

0,00

0401 30 99 9100

L20

EUR/100 kg

0,00

0401 30 99 9500

L20

EUR/100 kg

0,00

0402 10 11 9000

L20

EUR/100 kg

0,00

0402 10 19 9000

L20

EUR/100 kg

0,00

0402 10 99 9000

L20

EUR/100 kg

0,00

0402 21 11 9200

L20

EUR/100 kg

0,00

0402 21 11 9300

L20

EUR/100 kg

0,00

0402 21 11 9500

L20

EUR/100 kg

0,00

0402 21 11 9900

L20

EUR/100 kg

0,00

0402 21 17 9000

L20

EUR/100 kg

0,00

0402 21 19 9300

L20

EUR/100 kg

0,00

0402 21 19 9500

L20

EUR/100 kg

0,00

0402 21 19 9900

L20

EUR/100 kg

0,00

0402 21 91 9100

L20

EUR/100 kg

0,00

0402 21 91 9200

L20

EUR/100 kg

0,00

0402 21 91 9350

L20

EUR/100 kg

0,00

0402 21 99 9100

L20

EUR/100 kg

0,00

0402 21 99 9200

L20

EUR/100 kg

0,00

0402 21 99 9300

L20

EUR/100 kg

0,00

0402 21 99 9400

L20

EUR/100 kg

0,00

0402 21 99 9500

L20

EUR/100 kg

0,00

0402 21 99 9600

L20

EUR/100 kg

0,00

0402 21 99 9700

L20

EUR/100 kg

0,00

0402 29 15 9200

L20

EUR/100 kg

0,00

0402 29 15 9300

L20

EUR/100 kg

0,00

0402 29 15 9500

L20

EUR/100 kg

0,00

0402 29 19 9300

L20

EUR/100 kg

0,00

0402 29 19 9500

L20

EUR/100 kg

0,00

0402 29 19 9900

L20

EUR/100 kg

0,00

0402 29 99 9100

L20

EUR/100 kg

0,00

0402 29 99 9500

L20

EUR/100 kg

0,00

0402 91 10 9370

L20

EUR/100 kg

0,00

0402 91 30 9300

L20

EUR/100 kg

0,00

0402 91 99 9000

L20

EUR/100 kg

0,00

0402 99 10 9350

L20

EUR/100 kg

0,00

0402 99 31 9300

L20

EUR/100 kg

0,00

0403 90 11 9000

L20

EUR/100 kg

0,00

0403 90 13 9200

L20

EUR/100 kg

0,00

0403 90 13 9300

L20

EUR/100 kg

0,00

0403 90 13 9500

L20

EUR/100 kg

0,00

0403 90 13 9900

L20

EUR/100 kg

0,00

0403 90 33 9400

L20

EUR/100 kg

0,00

0403 90 59 9310

L20

EUR/100 kg

0,00

0403 90 59 9340

L20

EUR/100 kg

0,00

0403 90 59 9370

L20

EUR/100 kg

0,00

0404 90 21 9120

L20

EUR/100 kg

0,00

0404 90 21 9160

L20

EUR/100 kg

0,00

0404 90 23 9120

L20

EUR/100 kg

0,00

0404 90 23 9130

L20

EUR/100 kg

0,00

0404 90 23 9140

L20

EUR/100 kg

0,00

0404 90 23 9150

L20

EUR/100 kg

0,00

0404 90 81 9100

L20

EUR/100 kg

0,00

0404 90 83 9110

L20

EUR/100 kg

0,00

0404 90 83 9130

L20

EUR/100 kg

0,00

0404 90 83 9150

L20

EUR/100 kg

0,00

0404 90 83 9170

L20

EUR/100 kg

0,00

0405 10 11 9500

L20

EUR/100 kg

0,00

0405 10 11 9700

L20

EUR/100 kg

0,00

0405 10 19 9500

L20

EUR/100 kg

0,00

0405 10 19 9700

L20

EUR/100 kg

0,00

0405 10 30 9100

L20

EUR/100 kg

0,00

0405 10 30 9300

L20

EUR/100 kg

0,00

0405 10 30 9700

L20

EUR/100 kg

0,00

0405 10 50 9500

L20

EUR/100 kg

0,00

0405 10 50 9700

L20

EUR/100 kg

0,00

0405 10 90 9000

L20

EUR/100 kg

0,00

0405 20 90 9500

L20

EUR/100 kg

0,00

0405 20 90 9700

L20

EUR/100 kg

0,00

0405 90 10 9000

L20

EUR/100 kg

0,00

0405 90 90 9000

L20

EUR/100 kg

0,00

0406 10 20 9640

L04

EUR/100 kg

0,00

L40

EUR/100 kg

0,00

0406 10 20 9650

L04

EUR/100 kg

0,00

L40

EUR/100 kg

0,00

0406 10 20 9830

L04

EUR/100 kg

0,00

L40

EUR/100 kg

0,00

0406 10 20 9850

L04

EUR/100 kg

0,00

L40

EUR/100 kg

0,00

0406 20 90 9913

L04

EUR/100 kg

0,00

L40

EUR/100 kg

0,00

0406 20 90 9915

L04

EUR/100 kg

0,00

L40

EUR/100 kg

0,00

0406 20 90 9917

L04

EUR/100 kg

0,00

L40

EUR/100 kg

0,00

0406 20 90 9919

L04

EUR/100 kg

0,00

L40

EUR/100 kg

0,00

0406 30 31 9730

L04

EUR/100 kg

0,00

L40

EUR/100 kg

0,00

0406 30 31 9930

L04

EUR/100 kg

0,00

L40

EUR/100 kg

0,00

0406 30 31 9950

L04

EUR/100 kg

0,00

L40

EUR/100 kg

0,00

0406 30 39 9500

L04

EUR/100 kg

0,00

L40

EUR/100 kg

0,00

0406 30 39 9700

L04

EUR/100 kg

0,00

L40

EUR/100 kg

0,00

0406 30 39 9930

L04

EUR/100 kg

0,00

L40

EUR/100 kg

0,00

0406 30 39 9950

L04

EUR/100 kg

0,00

L40

EUR/100 kg

0,00

0406 40 50 9000

L04

EUR/100 kg

0,00

L40

EUR/100 kg

0,00

0406 40 90 9000

L04

EUR/100 kg

0,00

L40

EUR/100 kg

0,00

0406 90 13 9000

L04

EUR/100 kg

0,00

L40

EUR/100 kg

0,00

0406 90 15 9100

L04

EUR/100 kg

0,00

L40

EUR/100 kg

0,00

0406 90 17 9100

L04

EUR/100 kg

0,00

L40

EUR/100 kg

0,00

0406 90 21 9900

L04

EUR/100 kg

0,00

L40

EUR/100 kg

0,00

0406 90 23 9900

L04

EUR/100 kg

0,00

L40

EUR/100 kg

0,00

0406 90 25 9900

L04

EUR/100 kg

0,00

L40

EUR/100 kg

0,00

0406 90 27 9900

L04

EUR/100 kg

0,00

L40

EUR/100 kg

0,00

0406 90 29 9100

L04

EUR/100 kg

0,00

L40

EUR/100 kg

0,00

0406 90 29 9300

L04

EUR/100 kg

0,00

L40

EUR/100 kg

0,00

0406 90 32 9119

L04

EUR/100 kg

0,00

L40

EUR/100 kg

0,00

0406 90 35 9190

L04

EUR/100 kg

0,00

L40

EUR/100 kg

0,00

0406 90 35 9990

L04

EUR/100 kg

0,00

L40

EUR/100 kg

0,00

0406 90 37 9000

L04

EUR/100 kg

0,00

L40

EUR/100 kg

0,00

0406 90 61 9000

L04

EUR/100 kg

0,00

L40

EUR/100 kg

0,00

0406 90 63 9100

L04

EUR/100 kg

0,00

L40

EUR/100 kg

0,00

0406 90 63 9900

L04

EUR/100 kg

0,00

L40

EUR/100 kg

0,00

0406 90 69 9910

L04

EUR/100 kg

0,00

L40

EUR/100 kg

0,00

0406 90 73 9900

L04

EUR/100 kg

0,00

L40

EUR/100 kg

0,00

0406 90 75 9900

L04

EUR/100 kg

0,00

L40

EUR/100 kg

0,00

0406 90 76 9300

L04

EUR/100 kg

0,00

L40

EUR/100 kg

0,00

0406 90 76 9400

L04

EUR/100 kg

0,00

L40

EUR/100 kg

0,00

0406 90 76 9500

L04

EUR/100 kg

0,00

L40

EUR/100 kg

0,00

0406 90 78 9100

L04

EUR/100 kg

0,00

L40

EUR/100 kg

0,00

0406 90 78 9300

L04

EUR/100 kg

0,00

L40

EUR/100 kg

0,00

0406 90 79 9900

L04

EUR/100 kg

0,00

L40

EUR/100 kg

0,00

0406 90 81 9900

L04

EUR/100 kg

0,00

L40

EUR/100 kg

0,00

0406 90 85 9930

L04

EUR/100 kg

0,00

L40

EUR/100 kg

0,00

0406 90 85 9970

L04

EUR/100 kg

0,00

L40

EUR/100 kg

0,00

0406 90 86 9200

L04

EUR/100 kg

0,00

L40

EUR/100 kg

0,00

0406 90 86 9400

L04

EUR/100 kg

0,00

L40

EUR/100 kg

0,00

0406 90 86 9900

L04

EUR/100 kg

0,00

L40

EUR/100 kg

0,00

0406 90 87 9300

L04

EUR/100 kg

0,00

L40

EUR/100 kg

0,00

0406 90 87 9400

L04

EUR/100 kg

0,00

L40

EUR/100 kg

0,00

0406 90 87 9951

L04

EUR/100 kg

0,00

L40

EUR/100 kg

0,00

0406 90 87 9971

L04

EUR/100 kg

0,00

L40

EUR/100 kg

0,00

0406 90 87 9973

L04

EUR/100 kg

0,00

L40

EUR/100 kg

0,00

0406 90 87 9974

L04

EUR/100 kg

0,00

L40

EUR/100 kg

0,00

0406 90 87 9975

L04

EUR/100 kg

0,00

L40

EUR/100 kg

0,00

0406 90 87 9979

L04

EUR/100 kg

0,00

L40

EUR/100 kg

0,00

0406 90 88 9300

L04

EUR/100 kg

0,00

L40

EUR/100 kg

0,00

0406 90 88 9500

L04

EUR/100 kg

0,00

L40

EUR/100 kg

0,00

The destinations are defined as follows:

L20

All destinations with the exception of:

(a)	third countries: Andorra, Holy See (Vatican City State), Liechtenstein and the United States of America;

(b)

territories of the EU Member States not forming part of the customs territory of the Community: the Faeroe Islands, Greenland, Heligoland, Ceuta, Melilla, the Communes of Livigno and Campione d'Italia, and the areas of the Republic of Cyprus in which the Government of the Republic of Cyprus does not exercise effective control;

(c)	European territories for whose external relations a Member State is responsible and not forming part of the customs territory of the Community: Gibraltar

(d)	(d) the destinations referred to in Article 33(1), Article 41(1) and Article 42(1) of Commission Regulation (EC) No 612/2009 (OJ L 186, 17.7.2009, p. 1).

L04

Albania, Bosnia and Herzegovina, Serbia, Kosovo (), Montenegro and the former Yugoslav Republic of Macedonia.

L40

All destinations with the exception of:

(a)	third countries: L04, Andorra, Iceland, Liechtenstein, Norway, Switzerland, Holy See (Vatican City State), the United States of America, Croatia, Turkey, Australia, Canada, New Zealand and South Africa;

(b)

(c)	European territories for whose external relations a Member State is responsible and not forming part of the customs territory of the Community: Gibraltar.

(d)	the destinations referred to in Article 33(1), Article 41(1) and Article 42(1) of Commission Regulation (EC) No 612/2009 (OJ L 186, 17.7.2009, p. 1).

(*1) As defined by United Nations Security Council Resolution 1244 of 10 June 1999.

21.7.2011

Official Journal of the European Union

L 190/61

COMMISSION IMPLEMENTING REGULATION (EU) No 710/2011

of 20 July 2011

fixing the export refunds on eggs

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 (1), and in particular Article 164(2), and Article 170, in conjunction with Article 4 thereof,

Whereas:

(1)	Article 162(1) of Regulation (EC) No 1234/2007 provides that the difference between prices on the world market for the products referred to in Part XIX of Annex I to that Regulation and prices in the Union for those products may be covered by an export refund.

(2)	In view of the current situation on the market in eggs, export refunds should be fixed in accordance with the rules and certain criteria provided for in Articles 162, 163, 164, 167 and 169 of Regulation (EC) No 1234/2007.

(3)

Article 164(1) of Regulation (EC) No 1234/2007 provides that refunds may vary according to destination, especially where the world market situation, the specific requirements of certain markets, or obligations resulting from agreements concluded in accordance with Article 300 of the Treaty make this necessary.

(4)

Refunds should be granted only on products which are authorised to move freely within the Union and comply with requirements under Regulation (EC) No 852/2004 of the European Parliament and of the Council of 29 April 2004 on the hygiene of foodstuffs (2) and of Regulation (EC) No 853/2004 of the European Parliament and of the Council of 29 April 2004 laying down specific hygiene rules for food of animal origin (3), as well as marking requirements under point A of Annex XIV to Regulation (EC) No 1234/2007.

(5)	The currently applicable refunds have been fixed by Commission Regulation (EU) No 398/2011 (4). Since new refunds should be fixed, that Regulation should therefore be repealed.

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

HAS ADOPTED THIS REGULATION:

Article 1

1. Export refunds as provided for in Article 164 of Regulation (EC) No 1234/2007 shall be granted on the products and for the amounts set out in the Annex to this Regulation subject to the conditions provided for in paragraph 2 of this Article.

2. The products eligible for a refund under paragraph 1 shall meet the relevant requirements of Regulations (EC) No 852/2004 and (EC) No 853/2004 and, in particular, shall be prepared in an approved establishment and comply with the marking conditions laid down in Section I of Annex II to Regulation (EC) No 853/2004 and those defined in point A of Annex XIV to Regulation (EC) No 1234/2007.

Article 2

Regulation (EU) No 398/2011 is hereby repealed.

Article 3

This Regulation shall enter into force on 21 July 2011.

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

Done at Brussels, 20 July 2011.

For the Commission, On behalf of the President,

José Manuel SILVA RODRÍGUEZ

Director-General for Agriculture and Rural Development

(2) OJ L 139, 30.4.2004, p. 1.

(3) OJ L 139, 30.4.2004, p. 55.

(4) OJ L 105, 21.4.2011, p. 6.

ANNEX

Export refunds on eggs applicable from 21 July 2011

Product code

Destination

Unit of measurement

Amount of refund

0407 00 11 9000

A02

EUR/100 pcs

0,39

0407 00 19 9000

A02

EUR/100 pcs

0,20

0407 00 30 9000

E09

EUR/100 kg

0,00

E10

EUR/100 kg

19,00

E19

EUR/100 kg

0,00

0408 11 80 9100

A03

EUR/100 kg

74,00

0408 19 81 9100

A03

EUR/100 kg

22,00

0408 19 89 9100

A03

EUR/100 kg

22,00

0408 91 80 9100

A03

EUR/100 kg

38,00

0408 99 80 9100

A03

EUR/100 kg

9,00

NB: The product codes and the “A ” series destination codes are set out in Commission Regulation (EEC) No 3846/87 (OJ L 366, 24.12.1987, p. 1).

The other destinations are defined as follows:

E09	:	Kuwait, Bahrain, Oman, Qatar, the United Arab Emirates, Yemen, Hong Kong SAR, Russia and Turkey.
E10	:	South Korea, Japan, Malaysia, Thailand, Taiwan and the Philippines.
E19	:	all destinations except Switzerland and those of E09 and E10 .

21.7.2011

Official Journal of the European Union

L 190/63

COMMISSION IMPLEMENTING REGULATION (EU) No 711/2011

of 20 July 2011

fixing representative prices in the poultrymeat and egg sectors and for egg albumin, and amending Regulation (EC) No 1484/95

THE EUROPEAN COMMISSION,

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

Having regard to Council Regulation (EC) No 614/2009 of 7 July 2009 on the common system of trade for ovalbumin and lactalbumin (2), and in particular Article 3(4) thereof,

Whereas:

(1)	Commission Regulation (EC) No 1484/95 (3) lays down detailed rules for implementing the system of additional import duties and fixes representative prices for poultrymeat and egg products and for egg albumin.

(2)

Regular monitoring of the data used to determine representative prices for poultrymeat and egg products and for egg albumin shows that the representative import prices for certain products should be amended to take account of variations in price according to origin. The representative prices should therefore be published.

(3)	In view of the situation on the market, this amendment should be applied as soon as possible.

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

HAS ADOPTED THIS REGULATION:

Article 1

Annex I to Regulation (EC) No 1484/95 is replaced by 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, 20 July 2011.

For the Commission, On behalf of the President,

José Manuel SILVA RODRÍGUEZ

Director-General for Agriculture and Rural Development

(2) OJ L 181, 14.7.2009, p. 8.

(3) OJ L 145, 29.6.1995, p. 47.

ANNEX

to the Commission Regulation of 20 July 2011 fixing representative prices in the poultrymeat and egg sectors and for egg albumin, and amending Regulation (EC) No 1484/95

‘ANNEX I

CN code	Description of goods	Representative price (EUR/100 kg)	Security under Article 3(3) (EUR/100 kg)	Origin (1)
0207 12 10	Fowls of the species Gallus domesticus, not cut in pieces, presented as “70 % chickens”, frozen	113,9	0	BR
0207 12 10		127,1	0	AR
0207 12 90	Fowls of the species Gallus domesticus, not cut in pieces, presented as “65 % chickens”, frozen	149,5	0	BR
0207 12 90		127,2	0	AR
0207 14 10	Fowls of the species Gallus domesticus, boneless cuts, frozen	235,7	19	BR
		239,5	18	AR
		338,3	0	CL
0207 27 10	Turkeys, boneless cuts, frozen	330,5	0	BR
0207 27 10	Turkeys, boneless cuts, frozen	392,1	0	CL
0408 11 80	Egg yolks	359,2	0	AR
0408 91 80	Eggs, not in shell, dried	336,2	0	AR
1602 32 11	Preparations of fowls of the species Gallus domesticus, uncooked	278,2	3	BR
1602 32 11		356,7	0	CL
3502 11 90	Egg albumin, dried	575,1	0	AR

(1) Nomenclature of countries laid down by Commission Regulation (EC) No 1833/2006 (OJ L 354, 14.12.2006, p. 19). The code “ ZZ ” represents “other origins”.’

21.7.2011

Official Journal of the European Union

L 190/65

COMMISSION IMPLEMENTING REGULATION (EU) No 712/2011

of 20 July 2011

fixing the export refunds on pigmeat

THE EUROPEAN COMMISSION,

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

Whereas:

(1)	Article 162(1) of Regulation (EC) No 1234/2007 provides that the difference between prices on the world market for the products listed in Part XVII of Annex I to that Regulation and prices for those products on the Union market may be covered by an export refund.

(2)	Given the present situation on the market in pigmeat, export refunds should therefore be fixed in accordance with the rules and criteria provided for in Articles 162, 163, 164, 167 and 169 of Regulation (EC) No 1234/2007.

(3)

Article 164(1) of Regulation (EC) No 1234/2007 provides that the refund may vary according to destination, especially where the world market situation, the specific requirements of certain markets, or obligations resulting from agreements concluded in accordance with Article 300 of the Treaty make this necessary.

(4)

Refunds should be granted only on products that are allowed to move freely in the Union and that bear the health mark as provided for in Article 5(1)(a) of Regulation (EC) No 853/2004 of the European Parliament and of the Council of 29 April 2004 laying down specific hygiene rules for food of animal origin (2). Those products must also satisfy the requirements laid down in Regulation (EC) No 852/2004 of the European Parliament and of the Council of 29 April 2004 on the hygiene of foodstuffs (3) and 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 (4).

(5)	The currently applicable refunds have been fixed by Commission Regulation (EU) No 399/2011 (5). Since new refunds should be fixed, that Regulation should therefore be repealed.

(6)	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

2. The products eligible for a refund under paragraph 1 shall meet the relevant requirements of Regulations (EC) No 852/2004 and (EC) No 853/2004 and, in particular, shall be prepared in an approved establishment and comply with the health marking requirements laid down in Annex I, Section I, Chapter III to Regulation (EC) No 854/2004.

Article 2

Regulation (EU) No 399/2011 is hereby repealed.

Article 3

This Regulation shall enter into force on 21 July 2011.

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

Done at Brussels, 20 July 2011.

For the Commission, On behalf of the President,

José Manuel SILVA RODRÍGUEZ

Director-General for Agriculture and Rural Development

(2) OJ L 139, 30.4.2004, p. 55.

(3) OJ L 139, 30.4.2004, p. 1.

(4) OJ L 139, 30.4.2004, p. 206.

(5) OJ L 105, 21.4.2011, p. 8.

ANNEX

Export refunds on pigmeat applicable from 21 July 2011

Product code	Destination	Unit of measurement	Amount of refund
0210 11 31 9110	A00	EUR/100 kg	54,20
0210 11 31 9910	A00	EUR/100 kg	54,20
0210 19 81 9100	A00	EUR/100 kg	54,20
0210 19 81 9300	A00	EUR/100 kg	54,20
1601 00 91 9120	A00	EUR/100 kg	19,50
1601 00 99 9110	A00	EUR/100 kg	15,20
1602 41 10 9110	A00	EUR/100 kg	29,00
1602 41 10 9130	A00	EUR/100 kg	17,10
1602 42 10 9110	A00	EUR/100 kg	22,80
1602 42 10 9130	A00	EUR/100 kg	17,10
1602 49 19 9130	A00	EUR/100 kg	17,10
NB: The product codes and the ‘A ’ series destination codes are set out in Commission Regulation (EEC) No 3846/87 (OJ L 366, 24.12.1987, p. 1).

21.7.2011

Official Journal of the European Union

L 190/67

COMMISSION IMPLEMENTING REGULATION (EU) No 713/2011

of 20 July 2011

fixing the rates of the refunds applicable to milk and milk products exported in the form of goods not covered by Annex I to the Treaty

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 164(2) thereof,

Whereas:

(1)

Article 162(1)b of Regulation (EC) No 1234/2007 provides that the difference between prices in international trade for the products referred to in Article 1(1)(p) and listed in Part XVI of Annex I to that Regulation and prices within the Union may be covered by an export refund where these goods are exported in the form of goods listed in Part IV of Annex XX to that Regulation.

(2)

Commission Regulation (EU) No 578/2010 of 29 June 2010 implementing Council Regulation (EC) No 1216/2009 as regards the system of granting export refunds on certain agricultural products exported in the form of goods not covered by Annex I to the Treaty, and the criteria for fixing the amount of such refunds (2), specifies the products for which a rate of refund is to be fixed, to be applied where these products are exported in the form of goods listed in Part IV of Annex XX to Regulation (EC) No 1234/2007.

(3)	In accordance with Article 14(1) of Regulation (EU) No 578/2010, the rate of the refund per 100 kilograms for each of the basic products in question is to be fixed for a period of the same duration as that for which refunds are fixed for the same products exported unprocessed.

(4)	Article 162(2) of Regulation (EC) No 1234/2007 lays down that the export refund for a product contained in a good may not exceed the refund applicable to that product when exported without further processing.

(5)

In the case of certain milk products exported in the form of goods not covered by Annex I to the Treaty, there is a danger that, if high refund rates are fixed in advance, the commitments entered into in relation to those refunds may be jeopardised. In order to avert that danger, it is therefore necessary to take appropriate precautionary measures, but without precluding the conclusion of long-term contracts. The fixing of specific refund rates for the advance fixing of refunds in respect of those products should enable those two objectives to be met.

(6)

Article 15(2) of Regulation (EU) No 578/2010 provides that, when the rate of the refund is being fixed, account is to be taken, where appropriate, of aids or other measures having equivalent effect applicable in all Member States in accordance with the Regulation on the common organisation of the agricultural markets to the basic products listed in Annex I to Regulation (EU) No 578/2010 or to assimilated products.

(7)	Article 100(1) of Regulation (EC) No 1234/2007 provides for the payment of aid for Union-produced skimmed milk processed into casein if such milk and the casein manufactured from it fulfil certain conditions.

(8)	The currently applicable refunds have been fixed by Commission Implementing Regulation (EU) No 402/2011 (3). Since new refunds should be fixed, that Regulation should therefore be repealed.

(9)	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

The rates of the refunds applicable to the basic products listed in Annex I to Regulation (EU) No 578/2010 and in Part XVI of Annex I to Regulation (EC) No 1234/2007, and exported in the form of goods listed in Part IV of Annex XX to Regulation (EC) No 1234/2007, shall be fixed as set out in the Annex to this Regulation.

Article 2

Implementing Regulation (EU) No 402/2011 is hereby repealed.

Article 3

This Regulation shall enter into force on 21 July 2011.

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

Done at Brussels, 20 July 2011.

For the Commission, On behalf of the President,

Heinz ZOUREK

Director-General for Enterprise and Industry

(2) OJ L 171, 6.7.2010, p. 1.

(3) OJ L 105, 21.4.2011, p. 16.

ANNEX

Rates of the refunds applicable from 21 July 2011 to certain milk products exported in the form of goods not covered by Annex I to the Treaty (1)

(EUR/100 kg)

CN code

Description

Rate of refund

In case of advance fixing of refunds

Other

ex 0402 10 19

Powdered milk, in granules or other solid forms, not containing added sugar or other sweetening matter, with a fat content not exceeding 1,5 % by weight (PG 2):

(a)	on exportation of goods of CN code 3501

—

(b)	on exportation of other goods

0,00

ex 0402 21 19

Powdered milk, in granules or other solid forms, not containing added sugar or other sweetening matter, with a fat content of 26 % by weight (PG 3)

0,00

ex 0405 10

Butter, with a fat content by weight of 82 % (PG 6):

(a)	on exportation of goods of CN code 2106 90 98 containing 40 % or more by weight of milk fat

0,00

(b)	on exportation of other goods

0,00

(1) The rates set out in this Annex are not applicable to exports to:

(a)	third countries: Andorra, the Holy See (Vatican City State), Liechtenstein, the United States of America and the goods listed in Tables I and II of Protocol 2 to the Agreement between the European Community and the Swiss Confederation of 22 July 1972 exported to the Swiss Confederation.

(b)

territories of EU Member States not forming part of the customs territory of the Community: Ceuta, Melilla, the Communes of Livigno and Campione d’Italia, Heligoland, Greenland, the Faeroe Islands and the areas of the Republic of Cyprus in which the Government of the Republic of Cyprus does not exercise effective control.

(c)	European territories for whose external relations a Member State is responsible and not forming part of the customs territory of the Community: Gibraltar.

(d)	the destinations referred to in Article 33(1), Article 41(1) and Article 42(1) of Commission Regulation (EC) No 612/2009 (OJ L 186, 17.7.2009, p. 1).

21.7.2011

Official Journal of the European Union

L 190/70

COMMISSION IMPLEMENTING REGULATION (EU) No 714/2011

of 20 July 2011

fixing the rates of the refunds applicable to eggs and egg yolks exported in the form of goods not covered by Annex I to the Treaty

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 market and on specific provisions for certain agricultural products (Single CMO Regulation) (1), and in particular Article 164(2) thereof,

Whereas:

(1)

Article 162(1)(b) of Regulation (EC) No 1234/2007 provides that the difference between prices in international trade for the products referred to in Article 1(1)(s) and listed in Part XIX of Annex I to that Regulation and prices within the Union may be covered by an export refund where these goods are exported in the form of goods listed in Part V of Annex XX to that Regulation.

(2)

(3)	In accordance with Article 14(1) of Regulation (EU) No 578/2010, the rate of the refund per 100 kilograms for each of the basic products in question is to be fixed for a period of the same duration as that for which refunds are fixed for the same products exported unprocessed.

(4)	Article 162(2) of Regulation (EC) No 1234/2007 lays down that the export refund for a product contained in a good may not exceed the refund applicable to that product when exported without further processing.

(5)	The currently applicable refunds have been fixed by Commission Implementing Regulation (EU) No 401/2011 (3). Since new refunds should be fixed, that Regulation should therefore be repealed.

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

HAS ADOPTED THIS REGULATION:

Article 1

The rates of the refunds applicable to the basic products listed in Annex I to Regulation (EU) No 578/2010 and in Part XIX of Annex I to Regulation (EC) No 1234/2007, and exported in the form of goods listed in Part V of Annex XX to Regulation (EC) No 1234/2007, shall be fixed as set out in the Annex to this Regulation.

Article 2

Implementing Regulation (EU) No 401/2011 is hereby repealed.

Article 3

This Regulation shall enter into force on 21 July 2011.

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

Done at Brussels, 20 July 2011.

For the Commission, On behalf of the President,

Heinz ZOUREK

Director-General for Enterprise and Industry

(2) OJ L 171, 6.7.2010, p. 1.

(3) OJ L 105, 21.4.2011, p. 14.

ANNEX

Rates of the refunds applicable from 21 July 2011 to eggs and egg yolks exported in the form of goods not covered by Annex I to the Treaty

(EUR/100 kg)

CN code

Description

Destination (1)

Rate of refund

0407 00

Birds' eggs, in shell, fresh, preserved or cooked:

– Of poultry:

0407 00 30

– – Other:

(a)	On exportation of ovalbumin of CN codes 3502 11 90 and 3502 19 90

0,00

19,00

0,00

(b)	On exportation of other goods

0,00

0408

Birds' eggs, not in shell and egg yolks, fresh, dried, cooked by steaming or by boiling in water, moulded, frozen or otherwise preserved, whether or not containing added sugar or other sweetening matter:

– Egg yolks:

0408 11

– – Dried:

ex 0408 11 80

– – – Suitable for human consumption:

not sweetened

74,00

0408 19

– – Other:

– – – Suitable for human consumption:

ex 0408 19 81

– – – – Liquid:

not sweetened

22,00

ex 0408 19 89

– – – – Frozen:

not sweetened

22,00

– Other:

0408 91

– – Dried:

ex 0408 91 80

– – – Suitable for human consumption:

not sweetened

38,00

0408 99

– – Other:

ex 0408 99 80

– – – Suitable for human consumption:

not sweetened

9,00

(1) The destinations are as follows:

01	Third countries. For Switzerland and Liechtenstein these rates are not applicable to the goods listed in Tables I and II to Protocol No 2 to the Agreement between the European Community and the Swiss Confederation of 22 July 1972,
02	Kuwait, Bahrain, Oman, Qatar, United Arab Emirates, Yemen, Turkey, Hong Kong SAR and Russia,
03	South Korea, Japan, Malaysia, Thailand, Taiwan and the Philippines,
04	all destinations except Switzerland and those of 02 and 03.

DECISIONS

21.7.2011

Official Journal of the European Union

L 190/72

COUNCIL DECISION

of 19 July 2011

on the launch of automated data exchange with regard to dactyloscopic data in the Czech Republic

(2011/434/EU)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to Council Decision 2008/615/JHA of 23 June 2008 on the stepping up of cross-border cooperation, particularly in combating terrorism and cross-border crime (1), in particular Article 25 thereof,

Having regard to Council Decision 2008/616/JHA of 23 June 2008 on the implementation of Decision 2008/615/JHA (2), in particular Article 20 and Chapter 4 of the Annex thereto,

Whereas:

(1)

According to the Protocol on Transitional Provisions annexed to the Treaty on European Union, to the Treaty on the Functioning of the European Union and to the Treaty establishing the European Atomic Energy Community, the legal effects of the acts of the institutions, bodies, offices and agencies of the Union adopted prior to the entry into force of the Treaty of Lisbon are preserved until those acts are repealed, annulled or amended in implementation of the Treaties.

(2)	Accordingly, Article 25 of Decision 2008/615/JHA is applicable and the Council must unanimously decide whether the Member States have implemented the provisions of Chapter 6 of that Decision.

(3)

Article 20 of Decision 2008/616/JHA provides that decisions referred to in Article 25(2) of Decision 2008/615/JHA are to be taken on the basis of an evaluation report based on a questionnaire. With respect to automated data exchange in accordance with Chapter 2 of Decision 2008/615/JHA, the evaluation report is to be based on an evaluation visit and a pilot run.

(4)

According to Chapter 4, point 1.1 of the Annex to Decision 2008/616/JHA, the questionnaire drawn up by the relevant Council Working Group concerns each of the automated data exchanges and has to be answered by a Member State as soon as it believes it fulfils the prerequisites for sharing data in the relevant data category.

(5)	The Czech Republic has completed the questionnaire on data protection and the questionnaire on dactyloscopic data exchange.

(6)	A successful pilot run has been carried out by the Czech Republic with Slovakia and Austria.

(7)	An evaluation visit has taken place in the Czech Republic and a report on the evaluation visit has been produced by the Slovakian/Austrian evaluation team and forwarded to the relevant Council Working Group.

(8)	An overall evaluation report, summarising the results of the questionnaire, the evaluation visit and the pilot run concerning dactyloscopic data exchange has been presented to the Council,

HAS ADOPTED THIS DECISION:

Article 1

For the purposes of automated searching of dactyloscopic data, the Czech Republic has fully implemented the general provisions on data protection of Chapter 6 of Decision 2008/615/JHA and is entitled to receive and supply personal data pursuant to Article 9 of that Decision as from the date of the entry into force of this Decision.

Article 2

This Decision shall enter into force on the date of its adoption.

Done at Brussels, 19 July 2011.

For the Council

The President

M. SAWICKI

(1) OJ L 210, 6.8.2008, p. 1.

(2) OJ L 210, 6.8.2008, p. 12.

21.7.2011

Official Journal of the European Union

L 190/73

COMMISSION IMPLEMENTING DECISION

of 19 July 2011

on the recognition of the ‘Roundtable of Sustainable Biofuels EU RED’ scheme for demonstrating compliance with the sustainability criteria under Directives 2009/28/EC and 2009/30/EC of the European Parliament and of the Council

(2011/435/EU)

THE EUROPEAN COMMISSION,

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

Having regard to Directive 2009/28/EC of the European Parliament and of the Council of 23 April 2009 on the promotion of the use of energy from renewable sources and amending and subsequently repealing Directives 2001/77/EC and 2003/30/EC (1), and in particular Article 18(6) thereof,

Having regard to Directive 98/70/EC of the European Parliament and of the Council of 13 October 1998 relating to the quality of petrol and diesel fuels (2) as amended by the Directive 2009/30/EC (3), and in particular Article 7c(6) thereof,

After consulting the Advisory Committee established by Article 25, paragraph 2 of Directive 2009/28/EC,

Whereas:

(1)

Directives 2009/28/EC and 2009/30/EC both lay down sustainability criteria for biofuels. When reference is made to the provisions of Articles 17 and 18 and Annex V to Directive 2009/28/EC this should be construed as the reference also to the similar provisions of Articles 7a, 7b and 7c and Annex IV to Directive 2009/30/EC.

(2)

Where biofuels and bioliquids are to be taken into account for the purposes referred to in Article 17(1)(a), (b) and (c), Member States shall require economic operators to show the compliance of biofuels and bioliquids with the sustainability criteria set out in Article 17(2) to (5) of Directive 2009/28/EC.

(3)	Recital 76 of Directive 2009/28/EC states that the imposition of an unreasonable burden on industry should be avoided and voluntary schemes can help creating efficient solutions for proving compliance with these sustainability criteria.

(4)

The Commission may decide that a voluntary national or international scheme demonstrates that consignments of biofuels comply with the sustainability criteria set out in Article 17(3) to (5) of Directive 2009/28/EC or that a voluntary national or international scheme to measure greenhouse gas emission savings contains accurate data for the purposes of Article 17(2) of this Directive.

(5)	The Commission may recognise such a voluntary scheme for a period of 5 years.

(6)

When an economic operator provides proof or data obtained in accordance with a scheme that has been recognised by the Commission, to the extent covered by that recognition decision, a Member State shall not require the supplier to provide further evidence of compliance with the sustainability criteria.

(7)

The ‘Roundtable of Sustainable Biofuels EU RED’ (hereinafter ‘RSB EU RED’) scheme was submitted on 10 May 2011 to the Commission with the request for recognition. The scheme has a global scope and can cover a wide range of different biofuels. The recognised scheme will be made available at the transparency platform established under Directive 2009/28/EC. The Commission will take into account considerations of commercial sensitivity and may decide to only partially publish the scheme.

(8)	Assessment of the ‘RSB EU RED’ scheme found it to adequately cover the sustainability criteria of Directive 2009/28/EC, as well as applying a mass balance methodology in line with the requirements of Article 18(1) of the Directive 2009/28/EC.

(9)	The evaluation of the ‘RSB EU RED’ scheme found that it meets adequate standards of reliability, transparency and independent auditing and also complies with the methodological requirements in Annex V to Directive 2009/28/EC.

(10)

Any additional sustainability elements covered by the ‘RSB EU RED’ scheme are not part of the consideration of this Decision. These additional sustainability criteria are not mandatory to show compliance with sustainability requirements set up in Directive 2009/28/EC. The Commission may at a later stage take a view on whether the scheme also contains accurate data for the purpose of information on measures taken for issues referred to in the second paragraph, second sentence of Article 18(4) of Directive 2009/28/EC,

HAS ADOPTED THIS DECISION:

Article 1

The voluntary scheme ‘Roundtable of Sustainable Biofuels EU RED’ for which the request for partial recognition was submitted to the Commission on 10 May 2011 demonstrates that consignments of biofuels comply with the sustainability criteria as laid down in Article 17(3)(a), (b) and (c) and Article 17(4) and (5) of Directive 2009/28/EC, and Article 7b(3)(a), (b) and (c) and Article 7b(4) and (5) of Directive 98/70/EC. The scheme also contains accurate data for purposes of Article 17(2) of Directive 2009/28/EC and Article 7b(2) of Directive 98/70/EC.

Furthermore, it may be used for demonstrating compliance with Article 18(1) of Directive 2009/28/EC and Article 7c(1) of Directive 98/70/EC.

Article 2

1. The Decision is valid for a period of 5 years after it enters into force. If the scheme, after adoption of Commission decision, undergoes changes to its contents in a way that might affect the basis of this Decision, such changes shall be notified to the Commission without delay. The Commission will assess the notified changes with a view to establish whether the scheme is still adequately covering the sustainability criteria for which it is recognised.

2. If it has been clearly demonstrated that the scheme has not implemented elements considered to be decisive for this Decision and if severe and structural breach of those elements has taken place, the Commission reserves the right to revoke its Decision.

Article 3

This Decision enters into force 20 days after its publication in the Official Journal of the European Union.

Done at Brussels, 19 July 2011.

For the Commission

The President

José Manuel BARROSO

21.7.2011

Official Journal of the European Union

L 190/75

COMMISSION IMPLEMENTING DECISION

of 19 July 2011

on the recognition of the ‘Abengoa RED Bioenergy Sustainability Assurance’ scheme for demonstrating compliance with the sustainability criteria under Directives 2009/28/EC and 2009/30/EC of the European Parliament and of the Council

(2011/436/EU)

THE EUROPEAN COMMISSION,

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

Having regard to Directive 98/70/EC of the European Parliament and of the Council of 13 October 1998 relating to the quality of petrol and diesel fuels (2) as amended by Directive 2009/30/EC (3), and in particular Article 7c(6) thereof,

After consulting the Advisory Committee established by Article 25, paragraph 2 of Directive 2009/28/EC,

Whereas:

(1)

Directives 2009/28/EC and 2009/30/EC both lay down sustainability criteria for biofuels. When reference is made to the provisions of Articles 17 and 18 of, and Annex V to, Directive 2009/28/EC this should be construed as the reference also to the similar provisions of Articles 7a, 7b and 7c of, and Annex IV to, Directive 2009/30/EC.

(2)

(3)	Recital 76 of Directive 2009/28/EC states that the imposition of an unreasonable burden on industry should be avoided and voluntary schemes can help creating efficient solutions for proving compliance with these sustainability criteria.

(4)

(5)	The Commission may recognise such a voluntary scheme for a period of 5 years.

(6)

(7)

The ‘Abengoa RED Bioenergy Sustainability Assurance’ (hereinafter ‘RBSA’) scheme was submitted on 8 April 2011 to the Commission with the request for recognition. The scheme covers a wide range of products and applies to all geographic locations. The recognised scheme will be made available at the transparency platform established under Directive 2009/28/EC. The Commission will take into account considerations of commercial sensitivity and may decide to only partially publish the scheme.

(8)	Assessment of the RBSA scheme found it to adequately cover the sustainability criteria of Directive 2009/28/EC, as well as applying a mass balance methodology in line with the requirements of Article 18(1) of Directive 2009/28/EC.

(9)	The evaluation of the RBSA scheme found that it meets adequate standards of reliability, transparency and independent auditing and also complies with the methodological requirements in Annex V to Directive 2009/28/EC.

(10)

Any additional sustainability elements covered by the ‘RBSA’ scheme are not part of the consideration of this Decision. These additional sustainability criteria are not mandatory to show compliance with sustainability requirements set up in Directive 2009/28/EC. The Commission may at a later stage take a view on whether the scheme also contains accurate data for the purpose of information on measures taken for issues referred to in the second paragraph, second sentence of Article 18(4) of Directive 2009/28/EC,

HAS ADOPTED THIS DECISION:

Article 1

The voluntary scheme ‘RBSA’ for which the request for recognition was submitted to the Commission on 8 April 2011 demonstrates that consignments of biofuels comply with the sustainability criteria as laid down in Article 17(3)(a), (b) and (c) and Article 17(4) and (5) of Directive 2009/28/EC and Article 7b(3)(a), (b) and (c) and Article 7b(4) and (5) of Directive 98/70/EC. The scheme also contains accurate data for purposes of Article 17(2) of Directive 2009/28/EC and Article 7b(2) of Directive 98/70/EC.

Furthermore, it may be used for demonstrating compliance with Article 18(1) of Directive 2009/28/EC and Article 7c(1) of Directive 98/70/EC.

Article 2

Article 3

This Decision enters into force 20 days after its publication in the Official Journal of the European Union.

Done at Brussels, 19 July 2011.

For the Commission

The President

José Manuel BARROSO

21.7.2011

Official Journal of the European Union

L 190/77

COMMISSION IMPLEMENTING DECISION

of 19 July 2011

on the recognition of the ‘Biomass Biofuels Sustainability voluntary scheme’ for demonstrating compliance with the sustainability criteria under Directives 2009/28/EC and 2009/30/EC of the European Parliament and of the Council

(2011/437/EU)

THE EUROPEAN COMMISSION,

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

After consulting the Advisory Committee established by Article 25, paragraph 2 of Directive 2009/28/EC,

Whereas:

(1)

(2)

Where biofuels and bioliquids are to be taken into account for the purposes referred to in Article 17(1)(a), (b) and (c) Member States shall require economic operators to show the compliance of biofuels and bioliquids with the sustainability criteria set out in Article 17(2) to (5) of Directive 2009/28/EC.

(3)	Recital 76 of Directive 2009/28/EC states that the imposition of an unreasonable burden on industry should be avoided and voluntary schemes can help creating efficient solutions for proving compliance with these sustainability criteria.

(4)

(5)	The Commission may recognise such a voluntary scheme for a period of 5 years.

(6)

(7)

The ‘Biomass Biofuels Sustainability voluntary scheme’ (hereinafter ‘2BSvs’) scheme was submitted on 11 May 2011 to the Commission with the request for recognition. The scheme covers a wide range of products and applies to all geographic locations. The recognised scheme will be made available at the transparency platform established under Directive 2009/28/EC. The Commission will take into account considerations of commercial sensitivity and may decide to only partially publish the scheme.

(8)	Assessment of the 2BSvs scheme found it to adequately cover, with exception of the criterion set out in Article 17(3)(c), the sustainability criteria of Directive 2009/28/EC, as well as applying a mass balance methodology in line with the requirements of Article 18(1) of the Directive 2009/28/EC.

(9)	The evaluation of the 2BSvs scheme found that it meets adequate standards of reliability, transparency and independent auditing and also complies with the methodological requirements in Annex V to Directive 2009/28/EC.

(10)

Any additional sustainability elements covered by the 2BSvs scheme are not part of the consideration of this Decision. These additional sustainability criteria are not mandatory to show compliance with sustainability requirements set up in Directive 2009/28/EC. The Commission may at a later stage take a view on whether the scheme also contains accurate data for the purpose of information on measures taken for issues referred to in the second paragraph, second sentence of Article 18(4) of Directive 2009/28/EC,

HAS ADOPTED THIS DECISION:

Article 1

The voluntary scheme ‘Biomass Biofuels Sustainability voluntary scheme’ for which the request for recognition was submitted to the Commission on 11 May 2011 demonstrates that consignments of biofuels comply with the sustainability criteria as laid down in Article 17(3)(a) and (b) and Article 17(4) and (5) of Directive 2009/28/EC and Article 7b(3)(a) and (b) and Article 7b(4) and (5) of Directive 98/70/EC. The scheme also contains accurate data for purposes of Article 17(2) of Directive 2009/28/EC and Article 7b(2) of Directive 98/70/EC.

Furthermore, it may be used for demonstrating compliance with Article 18(1) of Directive 2009/28/EC and of Article 7c(1) of Directive 98/70/EC.

Article 2

Article 3

This Decision enters into force 20 days after its publication in the Official Journal of the European Union.

Done at Brussels, 19 July 2011.

For the Commission

The President

José Manuel BARROSO

21.7.2011

Official Journal of the European Union

L 190/79

COMMISSION IMPLEMENTING DECISION

of 19 July 2011

on the recognition of the ‘International Sustainability and Carbon Certification’ scheme for demonstrating compliance with the sustainability criteria under Directives 2009/28/EC and 2009/30/EC of the European Parliament and of the Council

(2011/438/EU)

THE EUROPEAN COMMISSION,

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

After consulting the Advisory Committee established by Article 25, paragraph 2 of Directive 2009/28/EC,

Whereas:

(1)

(2)

(3)	Recital 76 of Directive 2009/28/EC states that the imposition of an unreasonable burden on industry should be avoided and voluntary schemes can help creating efficient solutions for proving compliance with these sustainability criteria.

(4)

(5)	The Commission may recognise such a voluntary scheme for a period of 5 years.

(6)

(7)

The ‘International Sustainability and Carbon Certification’ (hereinafter ‘ISCC’) scheme was submitted on 18 March 2011 to the Commission with the request for recognition. The scheme has a global scope and can cover a wide range of different biofuels. The recognised scheme will be made available at the transparency platform established under Directive 2009/28/EC. The Commission will take into account considerations of commercial sensitivity and may decide to only partially publish the scheme.

(8)	Assessment of the ISCC scheme found it to adequately cover the sustainability criteria of Directive 2009/28/EC, as well as applying a mass balance methodology in line with the requirements of Article 18(1) of the Directive 2009/28/EC.

(9)	The evaluation of the ISCC scheme found that it meets adequate standards of reliability, transparency and independent auditing and also complies with the methodological requirements in Annex V to Directive 2009/28/EC.

(10)

Any additional sustainability elements covered by the ISCC scheme are not part of the consideration of this Decision. These additional sustainability criteria are not mandatory to show compliance with sustainability requirements set up in Directive 2009/28/EC. The Commission may at a later stage take a view on whether the scheme also contains accurate data for the purpose of information on measures taken for issues referred to in the second paragraph, second sentence of Article 18(4) of Directive 2009/28/EC,

HAS ADOPTED THIS DECISION:

Article 1

The voluntary scheme ‘International Sustainability and Carbon Certification scheme’ for which the request for recognition was submitted to the Commission on 18 March 2011 demonstrates that consignments of biofuels comply with the sustainability criteria as laid down in Article 17(3)(a), (b) and (c) and Article 17(4) and (5) of Directive 2009/28/EC and Article 7b(3)(a), (b) and (c) and Article 7b(4) and (5) of Directive 98/70/EC. The scheme also contains accurate data for purposes of Article 17(2) of Directive 2009/28/EC and Article 7b(2) of Directive 98/70/EC.

Furthermore, it may be used for demonstrating compliance with Article 18(1) of Directive 2009/28/EC and Article 7c(1) of Directive 98/70/EC.

Article 2

Article 3

This Decision enters into force 20 days after its publication in the Official Journal of the European Union.

Done at Brussels, 19 July 2011.

For the Commission

The President

José Manuel BARROSO

21.7.2011

Official Journal of the European Union

L 190/81

COMMISSION IMPLEMENTING DECISION

of 19 July 2011

on the recognition of the ‘Bonsucro EU’ scheme for demonstrating compliance with the sustainability criteria under Directives 2009/28/EC and 2009/30/EC of the European Parliament and of the Council

(2011/439/EU)

THE EUROPEAN COMMISSION,

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

After consulting the Advisory Committee established by Article 25, paragraph 2 of Directive 2009/28/EC,

Whereas:

(1)

Directives 2009/28/EC and 2009/30/EC both lay down sustainability criteria for biofuels. When reference is made to the provisions of Articles 17 and 18 of and Annex V to Directive 2009/28/EC this should be construed as the reference also to the similar provisions of Articles 7a, 7b and 7c of and Annex IV to Directive 2009/30/EC.

(2)

(3)	Recital 76 of Directive 2009/28/EC states that the imposition of an unreasonable burden on industry should be avoided and voluntary schemes can help creating efficient solutions for proving compliance with these sustainability criteria.

(4)

The Commission may decide that a voluntary national or international scheme demonstrates that consignments of biofuel comply with the sustainability criteria set out in Article 17(3) to (5) of Directive 2009/28/EC or that voluntary national or international scheme to measure greenhouse gas emission saving contains accurate data for the purposes of Article 17(2) of this Directive.

(5)	The Commission may recognise such a voluntary scheme for a period of five years.

(6)

(7)

The ‘Bonsucro EU’ scheme was submitted on 11 March 2011 to the Commission with the request for recognition. The scheme covers sugar cane based products and applies to all geographic locations. The recognised scheme will be made available at the transparency platform established under Directive 2009/28/EC. The Commission will take into account considerations of commercial sensitivity and may decide to only partially publish the scheme.

(8)	Assessment of the Bonsucro EU scheme found it to adequately cover, with exception of the criterion set out in Article 17(3)(c), the sustainability criteria of Directive 2009/28/EC, as well as applying a mass balance methodology in line with the requirements of Article 18(1) of Directive 2009/28/EC.

(9)	The evaluation of the Bonsucro EU scheme found that it meets adequate standards of reliability, transparency and independent auditing and also complies with the methodological requirements in Annex V to Directive 2009/28/EC.

(10)

Any additional sustainability elements covered by the Bonsucro EU scheme are not part of the consideration of this Decision. These additional sustainability criteria are not mandatory to show compliance with sustainability requirements set up in Directive 2009/28/EC. The European Commission may at a later stage take a view on whether the scheme also contains accurate data for the purpose of information on measures taken for issues referred to in the second paragraph, second sentence of Article 18(4) of Directive 2009/28/EC.

HAS ADOPTED THIS DECISION:

Article 1

The voluntary scheme ‘Bonsucro EU’, for which the request for recognition was submitted to the Commission on 11 March 2011, demonstrates that consignments of biofuels comply with the sustainability criteria as laid down in Article 17(3)(a) and (b), (4) and (5) of Directive 2009/28/EC and Article 7b(3)(a) and 7b(3)(b), 7b(4) and 7b(5) of Directive 98/70/EC. The scheme also contains accurate data for purposes of Article 17(2) of Directive 2009/28/EC and Article 7b(2) of Directive 98/70/EC.

Furthermore, it may be used for demonstrating compliance with Article 18(1) of Directive 2009/28/EC and of Article 7c(1) of Directive 98/70/EC.

Article 2

1. The Decision is valid for a period of five years after it enters into force. If the scheme, after adoption of Commission decision, undergoes changes to its contents in a way that might affect the basis of this Decision, such changes shall be notified to the Commission without delay. The Commission will assess the notified changes with a view to establish whether the scheme is still adequately covering the sustainability criteria for which it is recognised.

Article 3

This Decision enters into force 20 days after its publication in the Official Journal of the European Union.

Done at Brussels, 19 July 2011.

For the Commission

The President

José Manuel BARROSO

21.7.2011

Official Journal of the European Union

L 190/83

COMMISSION IMPLEMENTING DECISION

of 19 July 2011

on the recognition of the ‘Round Table on Responsible Soy EU RED’ scheme for demonstrating compliance with the sustainability criteria under Directives 2009/28/EC and 2009/30/EC of the European Parliament and of the Council

(2011/440/EU)

THE EUROPEAN COMMISSION,

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

After consulting the Advisory Committee established by Article 25, paragraph 2 of Directive 2009/28/EC,

Whereas:

(1)

(2)

(3)	Recital 76 of Directive 2009/28/EC states that the imposition of an unreasonable burden on industry should be avoided and voluntary schemes can help creating efficient solutions for proving compliance with these sustainability criteria.

(4)

(5)	The Commission may recognise such a voluntary scheme for a period of five years.

(6)

(7)

The ‘Round Table on Responsible Soy EU RED’ (hereafter ‘RTRS EU RED’) scheme was submitted on 11 May 2011 to the Commission with the request for recognition. The scheme covers soy based products. The recognised scheme will be made available at the transparency platform established under Directive 2009/28/EC. The Commission will take into account considerations of commercial sensitivity and may decide to only partially publish the scheme.

(8)	Assessment of the RTRS EU RED scheme found it to adequately cover the sustainability criteria of Directive 2009/28/EC, as well as applying a mass balance methodology in line with the requirements of Article 18(1) of Directive 2009/28/EC.

(9)	The evaluation of the RTRS EU RED scheme found that it meets adequate standards of reliability, transparency and independent auditing and also complies with the methodological requirements in Annex V to Directive 2009/28/EC.

(10)

Any additional sustainability elements covered by the RTRS EU RED scheme are not part of the consideration of this Decision. These additional sustainability criteria are not mandatory to show compliance with sustainability requirements set up in Directive 2009/28/EC. The European Commission may at a later stage take a view on whether the scheme also contains accurate data for the purpose of information on measures taken for issues referred to in the second paragraph, second sentence of Article 18(4) of Directive 2009/28/EC,

HAS ADOPTED THIS DECISION:

Article 1

The voluntary scheme ‘Round Table on Responsible Soy EU RED’, for which the request for recognition was submitted to the Commission on 11 May 2011, demonstrates that consignments of biofuels comply with the sustainability criteria as laid down in Article 17(3)(a), (b) and (c), (4) and (5) of Directive 2009/28/EC and Article 7b(3)(a), 7b (3) b, 7b (3) c, 7b(4) and 7b(5) of Directive 98/70/EC. The scheme also contains accurate data for purposes of Article 17(2) of Directive 2009/28/EC and Article 7b(2) of Directive 98/70/EC.

Furthermore, it may be used for demonstrating compliance with Article 18(1) of Directive 2009/28/EC and of Article 7c(1) of Directive 98/70/EC.

Article 2

Article 3

This Decision enters into force 20 days after its publication in the Official Journal of the European Union.

Done at Brussels, 19 July 2011.

For the Commission

The President

José Manuel BARROSO

21.7.2011

Official Journal of the European Union

L 190/85

COMMISSION IMPLEMENTING DECISION

of 19 July 2011

on the recognition of the ‘Greenergy Brazilian Bioethanol verification programme’ scheme for demonstrating compliance with the sustainability criteria under Directives 2009/28/EC and 2009/30/EC of the European Parliament and of the Council

(2011/441/EU)

THE EUROPEAN COMMISSION,

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

After consulting the Advisory Committee established by Article 25, paragraph 2 of Directive 2009/28/EC,

Whereas:

(1)

(2)

(3)	Recital 76 of Directive 2009/28/EC states that the imposition of an unreasonable burden on industry should be avoided and voluntary schemes can help creating efficient solutions for proving compliance with these sustainability criteria.

(4)

(5)	The Commission may recognise such a voluntary scheme for a period of five years.

(6)

(7)

The ‘Greenergy Brazilian Bioethanol verification programme’ (hereafter ‘Greenergy’) scheme was submitted on 31 January 2011 to the Commission with the request for recognition. This scheme covers bioethanol from sugar cane produced in Brazil. The recognised scheme will be made available at the transparency platform established under Directive 2009/28/EC. The Commission will take into account considerations of commercial sensitivity and may decide to only partially publish the scheme.

(8)	Assessment of the Greenergy scheme found it to adequately cover, with exception of the criterion set out in Article 17(3)(c), the sustainability criteria of Directive 2009/28/EC, as well as applying a mass balance methodology in line with the requirements of Article 18(1) of Directive 2009/28/EC.

(9)	The evaluation of the Greenergy scheme found that it meets adequate standards of reliability, transparency and independent auditing and also complies with the methodological requirements in Annex V to Directive 2009/28/EC.

(10)

Any additional sustainability elements covered by the Greenergy scheme are not part of the consideration of this Decision. These additional sustainability criteria are not mandatory to show compliance with sustainability requirements set up in Directive 2009/28/EC. The European Commission may at a later stage take a view on whether the scheme also contains accurate data for the purpose of information on measures taken for issues referred to in the second paragraph, second sentence of Article 18(4) of Directive 2009/28/EC,

HAS ADOPTED THIS DECISION:

Article 1

The voluntary scheme ‘Greenergy Brazilian Bioethanol verification programme’, for which the request for recognition was submitted to the Commission on 31 January 2011, demonstrates that consignments of biofuels comply with the sustainability criteria as laid down in Article 17(3)(a) and (b), (4) and (5) of Directive 2009/28/EC and Article 7b(3)(a), 7b(3)(b), 7b(4) and 7b(5) of Directive 98/70/EC. The scheme also contains accurate data for purposes of Article 17(2) of Directive 2009/28/EC and Article 7b(2) of Directive 98/70/EC.

Furthermore, it may be used for demonstrating compliance with Article 18(1) of Directive 2009/28/EC and of Article 7c(1) of Directive 98/70/EC.

Article 2

Article 3

This Decision enters into force 20 days after its publication in the Official Journal of the European Union.

Done at Brussels, 19 July 2011.

For the Commission

The President

José Manuel BARROSO