ISSN 1725-2555

doi:10.3000/17252555.L_2011.198.eng

Official Journal

of the European Union

L 198

European flag  

English edition

Legislation

Volume 54
30 July 2011


Contents

 

II   Non-legislative acts

page

 

 

REGULATIONS

 

*

Commission Implementing Regulation (EU) No 748/2011 of 28 July 2011 amending for the 153rd time Council Regulation (EC) No 881/2002 imposing certain specific restrictive measures directed against certain persons and entities associated with Usama bin Laden, the Al-Qaida network and the Taliban

1

 

*

Commission Regulation (EU) No 749/2011 of 29 July 2011 amending Regulation (EU) No 142/2011 implementing Regulation (EC) No 1069/2009 of the European Parliament and of the Council laying down health rules as regards animal by-products and derived products not intended for human consumption and implementing Council Directive 97/78/EC as regards certain samples and items exempt from veterinary checks at the border under that Directive ( 1 )

3

 

 

Commission Implementing Regulation (EU) No 750/2011 of 29 July 2011 establishing the standard import values for determining the entry price of certain fruit and vegetables

23

 

 

Commission Implementing Regulation (EU) No 751/2011 of 29 July 2011 amending the representative prices and additional import duties for certain products in the sugar sector fixed by Regulation (EU) No 867/2010 for the 2010/11 marketing year

25

 

 

Commission Implementing Regulation (EU) No 752/2011 of 29 July 2011 fixing the import duties in the cereals sector applicable from 1 August 2011

27

 

 

DIRECTIVES

 

*

Commission Directive 2011/73/EU of 29 July 2011 amending, for the purposes of their adaptation to technical progress, Annexes I and V to Directive 2008/121/EC of the European Parliament and of the Council on textile names ( 1 )

30

 

*

Commission Directive 2011/74/EU of 29 July 2011 amending, for the purposes of its adaptation to technical progress, Annex II to Directive 96/73/EC of the European Parliament and of the Council on certain methods for quantitative analysis of binary textile fibre mixtures ( 1 )

32

 

 

DECISIONS

 

*

Council Decision 2011/483/CFSP of 28 July 2011 amending and extending Decision 2010/96/CFSP on a European Union military mission to contribute to the training of Somali security forces (EUTM Somalia)

37

 

 

2011/484/EU

 

*

Commission Implementing Decision of 11 July 2011 concerning a site information format for Natura 2000 sites (notified under document C(2011) 4892)

39

 

 

2011/485/EU

 

*

Commission Implementing Decision of 29 July 2011 amending Decision 2005/50/EC on the harmonisation of the 24 GHz range radio spectrum band for the time-limited use by automotive short-range radar equipment in the Community (notified under document C(2011) 5444)  ( 1 )

71

 


 

(1)   Text with EEA relevance

EN

Acts whose titles are printed in light type are those relating to day-to-day management of agricultural matters, and are generally valid for a limited period.

The titles of all other Acts are printed in bold type and preceded by an asterisk.


II Non-legislative acts

REGULATIONS

30.7.2011   

EN

Official Journal of the European Union

L 198/1


COMMISSION IMPLEMENTING REGULATION (EU) No 748/2011

of 28 July 2011

amending for the 153rd time Council Regulation (EC) No 881/2002 imposing certain specific restrictive measures directed against certain persons and entities associated with Usama bin Laden, the Al-Qaida network and the Taliban

THE EUROPEAN COMMISSION,

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

Having regard to Council Regulation (EC) No 881/2002 of 27 May 2002 imposing certain specific restrictive measures directed against certain persons and entities associated with Usama bin Laden, the Al-Qaida network and the Taliban, and repealing Council Regulation (EC) No 467/2001 prohibiting the export of certain goods and services to Afghanistan, strengthening the flight ban and extending the freeze of funds and other financial resources in respect of the Taliban of Afghanistan (1), and in particular Article 7(1)(a) and 7a(1) thereof,

Whereas:

(1)

Annex I to Regulation (EC) No 881/2002 lists the persons, groups and entities covered by the freezing of funds and economic resources under that Regulation.

(2)

On 19 July 2011 the Sanctions Committee of the United Nations Security Council decided to add two natural persons to its list of persons, groups and entities to whom the freezing of funds and economic resources should apply.

(3)

Annex I to Regulation (EC) No 881/2002 should therefore be updated accordingly.

(4)

In order to ensure that the measures provided for in this Regulation are effective, this Regulation should enter into force immediately,

HAS ADOPTED THIS REGULATION:

Article 1

Annex I to Regulation (EC) No 881/2002 is hereby amended as set out in the Annex to this Regulation.

Article 2

This Regulation shall enter into force on the day of its publication in the Official Journal of the European Union.

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

Done at Brussels, 28 July 2011.

For the Commission, On behalf of the President,

Head of the Service for Foreign Policy Instruments


(1)   OJ L 139, 29.5.2002, p. 9.


ANNEX

In Annex I to Regulation (EC) No 881/2002 the following entries shall be added under the heading ‘Natural persons’:

(a)

‘Abdul Rahim Ba’aysir (alias (a) Abdul Rahim Bashir, (b) ’Abd Al-Rahim Ba’asyir, (c) ’Abd Al-Rahim Bashir, (d) Abdurrahim Ba’asyir, (e) Abdurrahim Bashir, (f) Abdul Rachim Ba’asyir, (g) Abdul Rachim Bashir, (h) Abdul Rochim Ba’asyir, (i) Abdul Rochim Bashir, (j) Abdurochim Ba’asyir, (k) Abdurochim Bashir, (l) Abdurrochim Ba’asyir, (m) Abdurrochim Bashir, (n) Abdurrahman Ba’asyir, (o) Abdurrahman Bashir). Address: Indonesia. Date of birth: (a) 16.11.1977, (b) 16.11.1974. Place of birth: (a) Solo, Indonesia; (b) Sukoharjo, Central Java, Indonesia. Nationality: Indonesian. Other information: (a) Senior Jemaah Islamiyah leader; (b) Father’s name is Abu Bakar Ba’asyir. Date of designation referred to in Article 2a(4)(b): 19.7.2011.’;

(b)

‘Umar Patek (alias (a) Omar Patek, (b) Pa’tek, (c) Pak Taek, (d) Umar Kecil, (e) Al Abu Syekh Al Zacky, (f) Umangis Mike. Address: (a) Indonesia, (b) Philippines. Date of birth: 1970. Place of birth: Central Java, Indonesia. Nationality: Indonesian. Other information: Senior member of Jemaah Islamiyah. Date of designation referred to in Article 2a(4)(b): 19.7.2011.’.


30.7.2011   

EN

Official Journal of the European Union

L 198/3


COMMISSION REGULATION (EU) No 749/2011

of 29 July 2011

amending Regulation (EU) No 142/2011 implementing Regulation (EC) No 1069/2009 of the European Parliament and of the Council laying down health rules as regards animal by-products and derived products not intended for human consumption and implementing Council Directive 97/78/EC as regards certain samples and items exempt from veterinary checks at the border under that Directive

(Text with EEA relevance)

THE EUROPEAN COMMISSION,

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

Having regard to Regulation (EC) No 1069/2009 of the European Parliament and of the Council of 21 October 2009 laying down health rules as regards animal by-products and derived products not intended for human consumption and repealing Regulation (EC) No 1774/2002 (1), and in particular Article 5(2), Article 15(1)(c), the second subparagraph of Article 15(1), Article 20(10) and (11), the first and third subparagraphs of Article 41(3), Article 42(2) and Article 45(4) thereof,

Whereas:

(1)

Regulation (EC) No 1069/2009 lays down public and animal health rules for animal by-products and derived products, in order to prevent and minimise risks to public and animal health arising from those products. It also provides for the determination of an end point in the manufacturing chain for certain derived products beyond which they are no longer subject to the requirements of that Regulation.

(2)

Commission Regulation (EU) No 142/2011 of 25 February 2011 implementing Regulation (EC) No 1069/2009 of the European Parliament and of the Council laying down health rules as regards animal by-products and derived products not intended for human consumption and implementing Council Directive 97/78/EC as regards certain samples and items exempt from veterinary checks at the border under that Directive (2), lays down implementing rules for Regulation (EC) No 1069/2009, including rules on the determination of end points for certain derived products.

(3)

Denmark has submitted a request for the determination of an end point for fish oil which is used for the production of medicinal products. Since such fish oil is derived from Category 3 material and is processed under strict conditions, an end point for that oil should be determined. Article 3 of Regulation (EU) No 142/2011 and Annex XIII thereto should therefore be amended accordingly.

(4)

Regulation (EU) No 142/2011 carried on provisions introduced to implement Regulation (EC) No 1774/2002 and Commission Decision 2003/324/EC (3) in particular allowing Estonia, Latvia and Finland the feeding of certain fur animals with processed animal protein derived from the bodies or parts of bodies of animals of the same species, in particular foxes. Annex II should be amended to allow feeding of such material to both commonly kept species, the Red fox (Vulpes vulpes), currently listed, and the Arctic fox (Alopex lagopus), as Decision 2003/324/EC has been repealed by Regulation (EU) No 142/2011.

(5)

Regulation (EC) No 1069/2009 lays down certain rules for pressure sterilisation and provides for implementing measures to be adopted for other processing methods, which have to be applied to animal by-products or derived products, so that no unacceptable risks to public and animal health arise when such products are used or disposed of. Accordingly, Annex IV to Regulation (EU) No 142/2011 sets out standard processing methods for processing plants and certain other plants and establishments.

(6)

Regulation (EC) No 1069/2009 allows for the disposal or use of animal by-products or derived products by way of alternative methods, provided that such methods have been authorised on the basis of an assessment of the capacity of those methods to reduce risks to public and animal health to a degree which is at least equivalent, for the relevant category of animal by-products, to the standard processing methods. Regulation (EC) No 1069/2009 also provides for a standard format for applications for alternative methods to be adopted. Accordingly, Annex IV to Regulation (EU) No 142/2011 sets out alternative processing methods for processing plants and certain other plants and establishments.

(7)

The European Food Safety Authority (EFSA) has adopted three opinions in relation to such alternative methods: a scientific opinion adopted on 21 January 2009 on the Project to study alternatives to carcass destruction systems using the bunker system (4) (the bunker system project); a scientific opinion adopted on 8 July 2010 on Lime Treatment of Solid Pig and Poultry Manure (5); and a scientific opinion adopted 22 September 2010 on the Neste Oil Application for a new alternative method of disposal or use of Animal By-Products (6).

(8)

The bunker system project proposes the hydrolysis of pig cadavers and of other animal by-products from farmed pigs in a closed container on the site of a farm. After a defined period of time, the hydrolysed materials obtained are to be disposed of by incineration or by processing, in accordance with the health rules on animal by-products as a first option.

(9)

The bunker system project also proposes the crushing and the subsequent pasteurization of pig cadavers and of other animal by-products from farmed pigs as a second option, prior to their disposal.

(10)

In its opinion of 21 January 2009 on the bunker system project, EFSA concluded that the information provided was not a sufficient basis for considering the second option as a safe means of disposal of animal by-products from pigs. Regarding the first option, based on hydrolysis, EFSA was also not able to deliver a final assessment. However, EFSA indicated that the hydrolysed material would not pose an additional risk, provided it was further processed according to the health rules for Category 2 materials.

(11)

Therefore, the hydrolysis of animal by-products on the site of a holding should be permitted under conditions which prevent the transmission of diseases communicable to humans or animals and which avoid adverse effects to the environment. In particular, the hydrolysis should take place in a closed, leak-proof container which is separated from any farmed animals on the same site as a third option. However, since the hydrolysis methodology does not constitute a processing method, the specific conditions for the processing of animal by-products in such plants should not apply. The container should be regularly checked for the absence of corrosion, under official supervision, so that leakage of materials into the ground is prevented.

(12)

The ability of the hydrolysis methodology to reduce potential health risks has not yet been demonstrated. Therefore, any handling or use of the hydrolysed material, other than incineration or co-incineration, with or without prior processing, or disposal in an authorised landfill, composting or transformation into biogas, where the latter three options are each to be preceded by pressure sterilisation, should be prohibited.

(13)

Spain, Ireland, Latvia, Portugal and the United Kingdom have indicated an interest to allow their operators to use of the hydrolysis methodology. The competent authorities of those Member States have confirmed that strict controls over such operators are to be carried out in order to prevent potential health risks.

(14)

In its opinion of 8 July 2010 on a Lime Treatment of Solid Pig and Poultry Manure, EFSA concluded that the proposed mixing of lime with manure could be considered as a safe process for the inactivation of relevant bacterial and viral pathogens, in view of the intended application of the derived product, namely the mixture of lime with manure, to land. Since the application demonstrated the efficiency of the process only for a particular mixing device, EFSA recommended that when a different mixing device is to be used for the process, a validation should be carried out, on the basis of measurements of pH, time and temperature, to demonstrate that by using the different mixing device, an equivalent inactivation of pathogens is achieved.

(15)

A validation according to those principles should be carried out when quick lime (CaO), which was used for the process assessed by EFSA, is replaced by dolime (CaOMgO).

(16)

In its opinion of 22 September 2010 concerning a multi-step catalytic process for the production of renewable fuels, EFSA concluded that the process can be considered as safe, when rendered fats derived from Category 2 and Category 3 materials are used as starting materials and those rendered fats have been processed in accordance with the standard processing methods for animal by-products. However, the evidence presented did not allow a conclusion that the process is also capable of mitigating potential TSE risks which may be present in rendered fats derived from Category 1 materials. Therefore, the multi-step catalytic process should be authorised for rendered fats derived from Category 2 and Category 3 materials, while it should be rejected for rendered fats derived from Category 1 material. While such rejection does not prevent the applicant from submitting further evidence to EFSA for a new assessment, the use of rendered fats derived from Category 1 material for the process should be prohibited, pending such assessment.

(17)

Annex IV to Regulation (EU) No 142/2011 should be amended to take account of the conclusions of the three scientific opinions of the EFSA.

(18)

Regulation (EC) No 1069/2009 provides for the adoption of implementing measures for the transformation of animal by-products into biogas or compost. When animal by-products are mixed in a biogas plant or in a composting plant with materials of non-animal origin or with other materials which are not covered by that Regulation, the competent authority should be allowed to authorise the taking of representative samples after pasteurisation and before the mixing takes place, in order to test their compliance with microbiological criteria. The taking of such samples should demonstrate whether the pasteurisation of animal by-products has mitigated microbiological risks in the animal by-products to be transformed.

(19)

Annex V of Regulation (EU) No 142/2011 should therefore be amended accordingly.

(20)

Regulation (EC) No 1069/2009 provides for the adoption of a standard format for applications for alternative methods of use or disposal of animal by-products or derived products. That format is to be used by interested parties when they submit an application for the authorisation of such methods.

(21)

On request of the Commission, EFSA adopted a scientific opinion on 7 July 2010 on a statement on technical assistance on the format for applications for new alternative methods for animal by-products (7). In that statement, EFSA recommends, in particular, further clarifications regarding the information which interested parties should supply when they submit an application for the authorisation of a new alternative method.

(22)

Taking account of the recommendations of that scientific opinion, the standard format for applications for new alternative methods set out in Annex VII to Regulation (EU) No 142/2011 should be amended.

(23)

Since renewable fuels from the multi-step catalytic process may also be produced from imported rendered fats, the import requirements for such fats and the conditions set out in the health certificate which must accompany consignments of rendered fats at the point of entry into the Union where the veterinary checks take place should be clarified. Annexes XIV and XV to Regulation (EU) No 142/2011 should therefore be amended accordingly.

(24)

Accordingly, Article 3 and Annexes II, IV, V, VII, VIII, XI and Annexes XIII to XVI should therefore be amended.

(25)

A transitional period should be provided for after the entry into force of this Regulation, in order to allow for the continued importation into the Union of rendered fats not intended for human consumption for certain purposes outside the feed chain, as provided for in Regulation (EU) No 142/2011 before the amendments introduced by this Regulation.

(26)

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

Regulation (EU) No 142/2011 is amended as follows:

(1)

In Article 3, point (g) is replaced by the following:

‘(g)

fur which fulfils the special requirements for the end point for that product set out in Chapter VIII of Annex XIII;

(h)

fish oil for the production of medicinal products which fulfils the special requirements for the end point for that product set out in Chapter XIII of Annex XIII;

(i)

gasoline and fuels which fulfil the specific requirements for products from the multi-step catalytic process for the production of renewable fuels set out in point 2(c) of Section 3 of Chapter IV of Annex IV.’

(2)

Annexes II, IV, V, VII, VIII, XI and Annexes XIII to XVI are amended in accordance with the Annex to this Regulation.

Article 2

For a transitional period until 31 January 2012, consignments of rendered fats not intended for human consumption to be used for certain purposes outside the feed chain which are accompanied by a health certificate which has been signed and completed in accordance with the model set out in Chapter 10(B) of Annex XV to Regulation (EU) No 142/2011 before the date of entry into force of this Regulation, shall continue to be accepted for importation into the Union, provided that such certificates were completed and signed before 30 November 2011.

Article 3

This Regulation shall enter into force on the twentieth day following that 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, 29 July 2011.

For the Commission

The President

José Manuel BARROSO


(1)   OJ L 300, 14.11.2009, p. 1.

(2)   OJ L 54, 26.2.2011, p. 1.

(3)   OJ L 117, 13.5.2003, p. 37.

(4)  EFSA Journal (2009) 971, 1-12.

(5)  EFSA Journal (2010); 8(7):1681.

(6)  EFSA Journal (2010); 8(10):1825.

(7)  EFSA Journal 2010; 8(7):1680.


ANNEX

Regulation (EU) No 142/2011 is amended as follows:

(1)

In Annex II, Chapter I, point 1(a) is replaced by the following:

‘(a)

foxes (Vulpes vulpes and Alopex lagopus);’

(2)

In Annex IV, Chapter IV is amended as follows:

(a)

In Section 1, point 1 is replaced by the following:

‘1.

Materials resulting from the processing of Category 1 and 2 materials shall be permanently marked in accordance with the requirements for the marking of certain derived products set out in Chapter V of Annex VIII.

However, such marking shall not be required for the following materials referred to in Section 2:

(a)

biodiesel produced in accordance with point D;

(b)

hydrolysed materials referred to in point H;

(c)

mixtures of pig and poultry manure with quick lime produced in accordance with point I;

(d)

renewable fuels produced from rendered fats, which are derived from Category 2 materials, in accordance with point J.’

(b)

In Section 2, the following points are added:

‘H.   Hydrolysis with subsequent disposal

1.   Member States concerned

The process of hydrolysis with subsequent disposal may be used in Spain, Ireland, Latvia, Portugal and the United Kingdom.

Following hydrolysis, the authorising competent authority must ensure that the materials are collected and disposed of within the same Member State referred to above.

2.   Starting materials

For this process, only the following materials may be used:

(a)

Category 2 materials referred to in Article 9(f)(i), (ii) and (iii) of Regulation (EC) No 1069/2009 which are of porcine origin;

(b)

Category 3 materials referred to in Article 10(h) of that Regulation which are of porcine origin.

However, bodies or parts of bodies of animals that have died due to the presence of, or in order to eradicate an epizootic disease, may not be used

3.   Methodology

Hydrolysis with subsequent disposal is a temporary storage on the spot. It shall be carried out according to the following standards:

(a)

Following their collection on a holding for which the competent authority has authorised the use of the processing method, based on an assessment of the animal density of the holding, the likely mortality rate and the potential risks for public and animal health which may arise, the animal by-products must be placed into a container which has been constructed in accordance with point (b)(“the container”) and which has been placed at a dedicated site in accordance with points (c) and (d) (“the dedicated site”).

(b)

The container must:

(i)

have a device to close it;

(ii)

be water-proof, leak-proof and hermetically sealed;

(iii)

be coated in a way which prevents corrosion;

(iv)

be equipped with a device for controlling emissions in accordance with point (e).

(c)

The container must be placed in a dedicated site which is physically separate from the holding.

That site must have dedicated access routes for the movement of materials and for collection vehicles.

(d)

The container and the site must be constructed and laid out in accordance with Union legislation for the protection of the environment, in order to prevent odours and risks to soil and groundwater.

(e)

The container must be linked to a pipe for gaseous emissions, which must be equipped with appropriate filters to prevent the transmission of diseases communicable to humans and animals.

(f)

The container must be closed for the process of hydrolysis for a period of at least three months, in such a way that any unauthorised opening is prevented.

(g)

The operator must put in place procedures to prevent the transmission of diseases communicable to humans or animals by movements of personnel.

(h)

The operator must:

(i)

take preventive measures against birds, rodents, insects and other vermin;

(ii)

put in place a documented pest control programme.

(i)

The operator must keep records of:

(i)

any placing of material into the container;

(ii)

any collection of hydrolysed material from the container.

(j)

The operator must empty the container at regular intervals for a check:

(i)

for the absence of corrosion;

(ii)

to detect and prevent possible leakage of liquid materials into the ground.

(k)

Following hydrolysis, the materials must be collected, used and disposed of in accordance with Article 13(a), (b), (c) or Article 13(e)(i) of Regulation (EC) No 1069/2009.

(l)

The process must be carried out in a batch mode.

(m)

Any other handling or use of the hydrolysed materials, including their application to land, shall be prohibited.

I.   Lime treatment for pig and poultry manure

1.   Starting materials

For this process, manure, as referred to in Article 9(a) of Regulation (EC) No 1069/2009, of pig and poultry origin may be used.

2.   Processing method

(a)

The dry matter content of the manure must be determined by using the CEN EN 12880:2000 (*1) method “Characterization of sludges. Determination of dry residue and water content”.

For this process, the dry matter content must be between 15 % and 70 %.

(b)

The amount of lime which has to be added must be determined in such way that one of the combinations of time and temperature set out in point (f) is achieved.

(c)

The particle size of the animal by-products to be processed must be no greater than 12 mm.

If necessary, the particles of the manure must be reduced in size in such a way that that maximum particle size is achieved.

(d)

The manure must be mixed with quick lime (CaO) which has a medium to high reactivity of less than six minutes to achieve a 40 °C rise in temperature as per the criteria in the reactivity test 5.10 in the CEN EN 459-2:2002 method (*2).

The mixing must be carried out with two mixers which are operating in line, with two screws per mixer.

Both mixers must:

(i)

have a screw diameter of 0,55 m and a screw length of 3,5 m;

(ii)

operate with a power of 30 kW and a rotation speed of the screw of 156 rpm;

(iii)

have a treatment capacity of 10 tonnes per hour.

The mean blending duration must be approximately two minutes.

(e)

The mixture must be mixed for a period of at least six hours into a stockpile with a minimum size of two tonnes.

(f)

At monitoring points which must be introduced into the stockpile, continuous measurements must be carried out to demonstrate that the mixture in the stockpile reaches a pH of at least 12 during one of the following periods of time, during which period one of the corresponding following temperatures must be achieved:

(i)

60 °C for 60 minutes; or

(ii)

70 °C for 30 minutes.

(g)

The process must be carried out in a batch mode.

(h)

A permanent written procedure based on the HACCP principles must be put in place.

(i)

Operators may demonstrate to the competent authority, by way of a validation according to the following requirements, that a process using a mixing device which is different from the mixing device referred to in point (d) or using dolime (CaOMgO) instead of quick lime is at least as efficient as the process set out in points (a) to (h):

That validation must:

demonstrate that by using the different mixing device to that referred to in point (d) or the dolime, as applicable, a mixture with manure can be produced which achieves the parameters for pH, time and temperature referred to in point (f);

be based on monitoring of time and temperature at the base, the middle and at the top of the stockpile, with a representative number of monitoring points (at least four monitoring points in the basal zone, which are located at a maximum of 10 cm above the base and at a maximum of 10 cm below the top, one monitoring point in the middle half way between base and the top of stockpile, and four monitoring points in the marginal zone at the top of the pile, which are located at a maximum of 10 cm below the surface and at a maximum of 10 cm below the top of the stockpile);

be carried out during two periods of at least 30 days, of which one must be in the cold season of the year at the geographical place where the mixing device is to be used.

J.   Multi-step catalytic process for the production of renewable fuels

1.   Starting materials

(a)

For this process, the following materials may be used:

(i)

rendered fats derived from Category 2 material, which have been processed using processing method 1 (pressure sterilisation);

(ii)

fish oil or rendered fats derived from Category 3 material, which have been processed using:

any of the processing methods 1 to 5 or processing method 7; or

in the case of material derived from fish oil, any of the processing methods 1 to 7;

(iii)

fish oil or rendered fat which have been produced in accordance with Sections VIII or XII of Annex III to Regulation (EC) No 853/2004, respectively.

(b)

The use of rendered fats derived from Category 1 material for this process shall be prohibited.

2.   Processing method

(a)

The rendered fat must be submitted to a pre-treatment which consists of:

(i)

the bleaching of the centrifuged materials by passing them through a clay filter;

(ii)

the removal of remaining insoluble impurities by filtration.

(b)

The pre-treated materials must be submitted to a multi-step catalytic process which consists of a hydro-deoxygenisation step, followed by an isomerisation step.

The materials must be submitted to a pressure of at least 20 bars at a temperature of at least 250 °C for at least 20 minutes.

(*1)  BS EN 12880:2000, Characterization of sludges. Determination of dry residue and water content. European Committee for Standardisation,"

(*2)  CEN EN 459-2:2002 method CEN/TC 51 - Cement and building limes. European Committee for Standardisation,’ "

(c)

In Section 3, point 2 is amended as follows:

(i)

The second indent of point (b)(iii) is replaced by the following:

‘—

derived from Category 3 material other than materials referred to in Article 10(p) of Regulation (EC) No 1069/2009, used for feeding;’

(ii)

The following points are added:

‘(c)

the multi-step catalytic process for the production of renewable fuels may be:

(i)

in the case of gasoline and the other fuels resulting from the process, used as a fuel without restrictions under this Regulation (end point);

(ii)

in the case of used clay from bleaching and sludge from the pre-treatment process referred to in point J(2)(a) of Section 2:

disposed of by incineration or co-incineration,

transformed into biogas,

composted or used for the manufacture of derived products referred to in Article 36(a)(i) of Regulation (EC) No 1069/2009;

(d)

the lime treated mixture of pig and poultry manure may be applied to land as processed manure.’

(3)

In Annex V, in Chapter III, in Section 3, the following point 3 is added:

‘3.

When animal by-products are transformed into biogas or composted together with materials which are not of animal origin, the competent authority may authorise operators to take representative samples after the pasteurisation referred to in point 1(a) of Section 1 of Chapter I or after composting referred to in point 1 of Section 2, as applicable, and before the mixing with materials which are not of animal origin takes place, in order to monitor the efficiency of the transformation or composting of the animal by-products, as applicable.’

(4)

In Annex VII, in Chapter II, points 1, 2 and 3 are replaced by the following:

‘1.

Applications shall contain all the necessary information to allow EFSA to assess the safety of the proposed alternative method, and in particular describe:

the categories of animal by-products intended to be submitted to the method,

the entire process,

the biological hazards for human and animal health involved, and

the degree of risk reduction to be achieved by the process.

2.

The application referred to in paragraph 1 shall moreover:

(a)

indicate the applicable points in Articles 8, 9 and 10 of Regulation (EC) No 1069/2009 including the physical status of those materials and, if applicable, any pre-treatment to which those materials have been submitted and indicating any materials other than animal by-products which are to be used in the process.

(b)

include a HACCP protocol and a flow diagram which clearly indicates the individual steps of the process, identifies the parameters critical for the inactivation of relevant pathogens such as temperature, pressure, exposure time, adjustment of the pH value and particle size and is complemented by technical data sheets of the equipment used during the process;

(c)

identify and characterize biological hazards for human and animal health represented by the categories of animal by-products intended to be submitted to the method;

(d)

show that the most resistant biological hazards associated with the category of materials to be processed are reduced in any products generated during the process, including the waste water, at least to the degree achieved by the processing standards laid down in this Regulation for the same category of animal by-products. The degree of risk reduction must be determined with validated direct measurements, unless modelling or comparisons with other processes are acceptable.

3.

Validated direct measurements as referred to in paragraph 2(d) above shall mean:

(a)

measuring the reduction of viability/infectivity of: endogenous indicator organisms during the process, where the indicator is:

consistently present in the raw material in high numbers;

not less resistant to the lethal aspects of the treatment process, but also not significantly more resistant than the pathogens for which it is being used to monitor;

relatively easy to quantify, to identify and to confirm; or

(b)

using a well-characterised test organism or virus introduced in a suitable test body into the starting material.

If several treatment steps are involved, an assessment must be performed on the degree to which individual titre reduction steps are additive, or whether early steps in the process may compromise the efficacy of subsequent steps;

(c)

reporting complete results by

(i)

describing in detail the used methodology;

(ii)

describing the nature of samples which have been analysed;

(iii)

showing that the number of samples analysed is representative;

(iv)

justifying the number of tests performed and the selection of measuring points;

(v)

indicating the sensitivity and the specificity of the detection methods used;

(vi)

providing data on the repeatability and statistical variability of the measurements obtained during the experiments;

(vii)

justifying, if used the significance of prion surrogates;

(viii)

showing, where in absence of direct measurements, models or comparisons with other processes are used, that the factors leading to risk reduction are well known and the model of risk reduction is well established;

(ix)

providing data for the entire process on direct measurements of all factors leading to the risk reduction which demonstrate that these factors are homogenously applied throughout the treated batch.

4.

The HACCP plan referred to in paragraph 2(b) must be based on the critical parameters which are used to obtain the risk reduction, in particular:

temperature,

pressure,

time, and

microbiological criteria.

The critical limits retained in the HACCP plan must be defined, based on the results of the experimental validation and/ or of the model provided.

If the successful functioning of the process can only be demonstrated with reference to technical parameters which are specifically related to the equipment used in the process, the HACCP plan must also include the technical limits which must be met, in particular energy uptake, number of pump strokes or dosage of chemicals.

Information must be given on the critical and technical parameters that are to be monitored and recorded in a continuous manner or after defined intervals and on the methods used for measuring and monitoring.

The variability of parameters under typical production conditions must be taken into account.

The HACCP plan must reflect normal and abnormal/ emergency operating conditions including a breakdown of the process and it must specify possible corrective actions which are to be applied in the case of abnormal/emergency operating conditions.

5.

The applications shall also contain sufficient information on:

(a)

the risks associated with interdependent processes, and in particular on the outcome of an evaluation of possible indirect impacts, which may:

(i)

influence the level of risk reduction of a particular process;

(ii)

arise from transport or storage of any products generated during the process and from the safe disposal of such products, including waste water.

(b)

the risks associated with the intended end use of the products, in particular:

(i)

the intended end use of any products generated during the process must be specified;

(ii)

the likely risks for human health and animal health and possible impacts on the environment must be assessed on the basis of the risk reduction estimated in accordance with point 2(d).

6.

Applications shall be submitted with documentary evidence, in particular:

(a)

a flow diagram showing the functioning of the process;

(b)

the evidence referred to in point 2(d), as well as other evidence aiming to substantiate the information provided in the framework of the application as set out in point 2.

7.

Applications shall include a contact address for the interested party, which shall include the name and full address, telephone and/or fax number and/or the electronic mail address of a particular person that is responsible as or on behalf of the interested party.’

(5)

Annex VIII is amended as follows:

(a)

In Chapter II, in point 2(b), (xvii) is replaced by the following:

‘(xvii)

in the case of display items, the words “display item not for human consumption”, instead of the label text laid down in point (a);

(xviii)

in the case of fish oil for the production of medicinal products referred to in Chapter XIII of Annex XIII, the words “fish oil for the production of medicinal products”, instead of the label text laid down in point (a);

(xix)

in the case of manure which has been subject to the lime treatment set out in point I of Section 2 of Chapter IV of Annex IV, the words “manure-lime-mixture”.’

(b)

In Chapter V, in point 3(d), (ii) is replaced by the following:

‘(ii)

intended for research and other specific purposes as referred to in Article 17 of Regulation (EC) No 1069/2009 which have been authorised by the competent authority;

(e)

renewable fuels produced from rendered fats, which are derived from Category 2 materials, in accordance with point J of Section 2 of Chapter IV of Annex IV.’

(6)

In Annex XI, in Chapter I, in Section 2, the introductory phrase is replaced by the following:

‘The placing on the market of processed manure, derived products from processed manure and guano from bats shall be subject to the following conditions. In addition, in the case of guano from bats the consent of the Member State of destination is required as referred to in Article 48(1) of Regulation (EC) No 1069/2009:’

(7)

In Annex XIII, the following Chapter XIII is added:

‘CHAPTER XIII

Specific requirements for fish oil for the production of medicinal products

End point for fish oil for the production of medicinal products

Fish oil derived from the materials referred to in point A.2 of Section 3 of Chapter II of Annex X, which has been de-acidified with a NaOH solution at a temperature of 80 °C or more and which has subsequently been purified by distillation at a temperature of 200 °C or more, may be placed on the market for the production of medicinal products without restrictions in accordance with this Regulation.’

(8)

Annex XIV is amended as follows:

(a)

Chapter I is amended as follows:

(i)

Section 1 is amended as follow:

in the introductory paragraph, point (e) is replaced by the following:

‘(e)

they shall be presented at the point of entry into the Union where the veterinary checks take place accompanied by a document corresponding to the model referred to in the column “certificates/model documents” of Table 1;

(f)

they must come from an establishment or plant which is registered or approved by the competent authority of the third country, as applicable, and which is on the list of such establishments and plants referred to in Article 30.’

in Table 1, in row no 1, the product description in the second column is replaced by the following:

‘processed animal protein, including mixtures and products other than petfood containing such protein, and compound feeds containing such proteins as defined in Article 3(2)(h) of Regulation (EC) No 767/2009’.

(ii)

In Section 2, the title is replaced by the following:

Imports of processed animal protein, including mixtures and products other than petfood containing such protein, and compound feeds containing such protein as defined in Article 3(2)(h) of Regulation (EC) No 767/2009 ’.

(b)

Chapter II is amended as follows:

(i)

Section 1 is amended as follows:

in the introductory paragraph, point (d) and (e) are replaced by the following:

‘(d)

they must come from an establishment or plant which is registered or approved by the competent authority of the third country, as applicable, and which is on the list of such establishments and plants referred to in Article 30; and

(e)

they shall be accompanied during transportation to the point of entry into the Union where the veterinary checks take place by the health certificate referred to in the column “certificates/model documents” of Table 1; or

(f)

they shall be presented at the point of entry into the Union where the veterinary checks take place accompanied by a document corresponding to the model referred to in the column “certificates/model documents” of Table 2.’

in Table 2, row no 17 is replaced by the following:

‘17

Rendered fats for certain purposes outside the feed chain for farmed animals

(a)

In the case of materials destined to the production of biodiesel:

Category 1, 2 and 3 materials referred to in Articles 8, 9 and 10.

(b)

In the case of materials destined to the production of renewable fuels referred to in point J of Section 2 of Chapter IV of Annex IV:

Category 2 and 3 materials referred to in Articles 9 and 10.

(c)

In the case of materials destined to organic fertilisers and soil improvers:

Category 2 materials referred to in Article 9, points (c) and (d) and Article 9, point (f)(i) and Category 3 materials referred to in Article 10, other than in points (c) and (p).

(d)

In the case of materials destined to other purposes:

Category 1 materials referred to in Article 8, points (b), (c) and (d), Category 2 materials referred to in Article 9, points (c), (d) and Article 9, point (f)(i) and Category 3 materials referred to in Article 10, other than in points (c) and (p).

The rendered fats shall comply with the requirements set out in Section 9.

Third countries listed in Part 1 of Annex II to Regulation (EU) No 206/2010 and, in the case of fish materials, third countries listed in Annex II to Decision 2006/766/EC.

Chapter 10(B) of Annex XV.’

(ii)

In Section 9, point (a)(iii) is replaced by the following:

‘(iii)

in the case of materials destined to the production of renewable fuels referred to in point J of Section 2 of Chapter IV of Annex IV of this Regulation, Category 2 materials referred to in Article 9 of Regulation (EC) No 1069/2009 and Category 3 materials referred to in Article 10 of that Regulation;

(iv)

in the case of other materials Category 1 materials referred to in points (b), (c) and (d) of Article 8 of Regulation (EC) No 1069/2009, Category 2 materials referred to in points (c) and (d) and point (f)(i) of Article 9 of Regulation (EC) No 1069/2009 or Category 3 materials, other than the materials referred to in points (c) and (p) of Article 10 of that Regulation;’

(9)

In Annex XV, Chapter 10(B) is replaced by the following:

‘CHAPTER 10(B)

Health certificate

For rendered fats not intended for human consumption to be used for certain purposes outside the feed chain, intended for dispatch to or for transit through (2) the European Union

Image 1

Text of image

Image 2

Text of image

Image 3

Text of image

Image 4

Text of image

Image 5

Text of image

(10)

In Annex XVI, in Chapter III, the following Section 11 is added:

Section 11

Official controls regarding hydrolysis with subsequent disposal

The competent authority shall carry out controls at sites where hydrolysis with subsequent disposal is carried out in accordance with point H of Section 2 of Chapter IV of Annex IV.

Such controls shall, for the purpose of reconciliation of the quantities of hydrolysed materials dispatched and disposed of, include documentary checks:

(a)

of the amount of materials which are hydrolysed at the site;

(b)

in the establishments or plants where the hydrolysed materials are disposed of.

Controls shall be carried out regularly on the basis of a risk assessment.

During the period of the first twelve months of operation, a control visit to a site, where a container for the hydrolysis is located, shall be carried out every time hydrolysed material is collected from the container.

Following the period of the first twelve months of operation, a control visit to such sites shall be carried out every time the container is emptied and checked for the absence of corrosion and leaking in accordance with point H(j) of Section 2 of Chapter IV of Annex IV.’


(*1)  BS EN 12880:2000, Characterization of sludges. Determination of dry residue and water content. European Committee for Standardisation,

(*2)  CEN EN 459-2:2002 method CEN/TC 51 - Cement and building limes. European Committee for Standardisation,’ ’


30.7.2011   

EN

Official Journal of the European Union

L 198/23


COMMISSION IMPLEMENTING REGULATION (EU) No 750/2011

of 29 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 Council Regulation (EC) No 1234/2007 of 22 October 2007 establishing a common organisation of agricultural markets and on specific provisions for certain agricultural products (Single CMO Regulation) (1),

Having regard to Commission 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 30 July 2011.

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

Done at Brussels, 29 July 2011.

For the Commission, On behalf of the President,

José Manuel SILVA RODRÍGUEZ

Director-General for Agriculture and Rural Development


(1)   OJ L 299, 16.11.2007, p. 1.

(2)   OJ L 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

AR

23,8

ZA

27,3

ZZ

25,6

0707 00 05

TR

100,6

ZZ

100,6

0709 90 70

TR

111,7

ZZ

111,7

0805 50 10

AR

64,9

CL

79,0

TR

60,0

UY

68,2

ZA

79,9

ZZ

70,4

0806 10 10

CL

54,3

EG

155,4

MA

137,5

TN

223,5

TR

175,1

ZA

69,4

ZZ

135,9

0808 10 80

AR

93,7

BR

83,5

CL

87,3

CN

77,5

NZ

110,7

US

131,3

ZA

92,9

ZZ

96,7

0808 20 50

AR

74,9

CL

109,2

CN

75,8

NZ

148,5

ZA

109,1

ZZ

103,5

0809 10 00

IL

240,3

TR

174,5

XS

83,4

ZZ

166,1

0809 20 95

CL

267,8

TR

282,9

ZZ

275,4

0809 30

TR

174,8

ZZ

174,8

0809 40 05

BA

51,5

IL

148,6

XS

57,7

ZA

70,8

ZZ

82,2


(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’.


30.7.2011   

EN

Official Journal of the European Union

L 198/25


COMMISSION IMPLEMENTING REGULATION (EU) No 751/2011

of 29 July 2011

amending the representative prices and additional import duties for certain products in the sugar sector fixed by Regulation (EU) No 867/2010 for the 2010/11 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),

Having regard to Commission Regulation (EC) No 951/2006 of 30 June 2006 laying down detailed rules for the implementation of Council Regulation (EC) No 318/2006 as regards trade with third countries in the sugar sector (2), and in particular Article 36(2), second subparagraph, second sentence thereof,

Whereas:

(1)

The representative prices and additional duties applicable to imports of white sugar, raw sugar and certain syrups for the 2010/11 marketing year are fixed by Commission Regulation (EU) No 867/2010 (3). These prices and duties have been last amended by Commission Implementing Regulation (EU) No 728/2011 (4).

(2)

The data currently available to the Commission indicate that those amounts should be amended in accordance with the rules and procedures laid down in Regulation (EC) No 951/2006,

HAS ADOPTED THIS REGULATION:

Article 1

The representative prices and additional duties applicable to imports of the products referred to in Article 36 of Regulation (EC) No 951/2006, as fixed by Regulation (EU) No 867/2010 for the 2010/11 marketing year, are hereby amended as set out in the Annex hereto.

Article 2

This Regulation shall enter into force on 30 July 2011.

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

Done at Brussels, 29 July 2011.

For the Commission, On behalf of the President,

José Manuel SILVA RODRÍGUEZ

Director-General for Agriculture and Rural Development


(1)   OJ L 299, 16.11.2007, p. 1.

(2)   OJ L 178, 1.7.2006, p. 24.

(3)   OJ L 259, 1.10.2010, p. 3.

(4)   OJ L 194, 26.7.2011, p. 29.


ANNEX

Amended representative prices and additional import duties applicable to white sugar, raw sugar and products covered by CN code 1702 90 95 from 30 July 2011

(EUR)

CN code

Representative price per 100 kg net of the product concerned

Additional duty per 100 kg net of the product concerned

1701 11 10  (1)

49,99

0,00

1701 11 90  (1)

49,99

0,00

1701 12 10  (1)

49,99

0,00

1701 12 90  (1)

49,99

0,00

1701 91 00  (2)

56,48

0,53

1701 99 10  (2)

56,48

0,00

1701 99 90  (2)

56,48

0,00

1702 90 95  (3)

0,56

0,19


(1)  For the standard quality defined in point III of Annex IV to Regulation (EC) No 1234/2007.

(2)  For the standard quality defined in point II of Annex IV to Regulation (EC) No 1234/2007.

(3)  Per 1 % sucrose content.


30.7.2011   

EN

Official Journal of the European Union

L 198/27


COMMISSION IMPLEMENTING REGULATION (EU) No 752/2011

of 29 July 2011

fixing the import duties in the cereals sector applicable from 1 August 2011

THE EUROPEAN COMMISSION,

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

Having regard to Council Regulation (EC) No 1234/2007 of 22 October 2007 establishing a common organisation of agricultural markets and on specific provisions for certain agricultural products (Single CMO Regulation) (1),

Having regard to Commission Regulation (EU) No 642/2010 of 20 July 2010 laying down detailed rules for the application of Council Regulation (EC) No 1234/2007 in respect of import duties in the cereals sector (2), and in particular Article 2(1) thereof,

Whereas:

(1)

Article 136(1) of Regulation (EC) No 1234/2007 states that the import duty on products falling within CN codes 1001 10 00, 1001 90 91, ex 1001 90 99 (high quality common wheat), 1002, ex 1005 other than hybrid seed, and ex 1007 other than hybrids for sowing, is to be equal to the intervention price valid for such products on importation increased by 55 %, minus the cif import price applicable to the consignment in question. However, that duty may not exceed the rate of duty in the Common Customs Tariff.

(2)

Article 136(2) of Regulation (EC) No 1234/2007 lays down that, for the purposes of calculating the import duty referred to in paragraph 1 of that Article, representative cif import prices are to be established on a regular basis for the products in question.

(3)

Pursuant to Article 2(2) of Regulation (EU) No 642/2010, the price to be used for the calculation of the import duty on products of CN codes 1001 10 00, 1001 90 91, ex 1001 90 99 (high quality common wheat), 1002 00, 1005 10 90, 1005 90 00 and 1007 00 90 is the daily cif representative import price determined as specified in Article 5 of that Regulation.

(4)

Import duties should be fixed for the period from 1 August 2011 and should apply until new import duties are fixed and enter into force,

HAS ADOPTED THIS REGULATION:

Article 1

From 1 August 2011, the import duties in the cereals sector referred to in Article 136(1) of Regulation (EC) No 1234/2007 shall be those fixed in Annex I to this Regulation on the basis of the information contained in Annex II.

Article 2

This Regulation shall enter into force on 1 August 2011.

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

Done at Brussels, 29 July 2011.

For the Commission, On behalf of the President,

José Manuel SILVA RODRÍGUEZ

Director-General for Agriculture and Rural Development


(1)   OJ L 299, 16.11.2007, p. 1.

(2)   OJ L 187, 21.7.2010, p. 5.


ANNEX I

Import duties on the products referred to in Article 136(1) of Regulation (EC) No 1234/2007 applicable from 1 August 2011

CN code

Description

Import duties (1)

(EUR/t)

1001 10 00

Durum wheat, high quality

0,00

medium quality

0,00

low quality

0,00

1001 90 91

Common wheat seed

0,00

ex 1001 90 99

High quality common wheat, other than for sowing

0,00

1002 00 00

Rye

0,00

1005 10 90

Maize seed, other than hybrid

0,00

1005 90 00

Maize, other than seed (2)

0,00

1007 00 90

Grain sorghum, other than hybrids for sowing

0,00


(1)  For goods arriving in the Union via the Atlantic Ocean or via the Suez Canal the importer may benefit, persuant to Article 2(4) of Regulation (EU) No 642/2010, from a reduction in the duty of:

3 EUR/t, where the port of unloading is on the Mediterranean Sea, or on the Black Sea,

2 EUR/t, where the port of unloading is in Denmark, Estonia, Ireland, Latvia, Lithuania, Poland, Finland, Sweden, the United Kingdom, or on the Atlantic coast of the Iberian peninsula.

(2)  The importer may benefit from a flatrate reduction of EUR 24 per tonne where the conditions laid down in Article 3 of Regulation (EU) No 642/2010 are met.


ANNEX II

Factors for calculating the duties laid down in Annex I

15.7.2011-28.7.2011

1.

Averages over the reference period referred to in Article 2(2) of Regulation (EU) No 642/2010:

(EUR/t)

 

Common wheat (1)

Maize

Durum wheat, high quality

Durum wheat, medium quality (2)

Durum wheat, low quality (3)

Exchange

Minnéapolis

Chicago

Quotation

228,97

190,16

Fob price USA

386,59

376,59

356,59

Gulf of Mexico premium

21,69

Great Lakes premium

57,12

2.

Averages over the reference period referred to in Article 2(2) of Regulation (EU) No 642/2010:

Freight costs: Gulf of Mexico–Rotterdam:

18,33  EUR/t

Freight costs: Great Lakes–Rotterdam:

49,88  EUR/t


(1)  Premium of 14 EUR/t incorporated (Article 5(3) of Regulation (EU) No 642/2010).

(2)  Discount of 10 EUR/t (Article 5(3) of Regulation (EU) No 642/2010).

(3)  Discount of 30 EUR/t (Article 5(3) of Regulation (EU) No 642/2010).


DIRECTIVES

30.7.2011   

EN

Official Journal of the European Union

L 198/30


COMMISSION DIRECTIVE 2011/73/EU

of 29 July 2011

amending, for the purposes of their adaptation to technical progress, Annexes I and V to Directive 2008/121/EC of the European Parliament and of the Council on textile names

(Text with EEA relevance)

THE EUROPEAN COMMISSION,

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

Having regard to Directive 2008/121/EC of the European Parliament and of the Council of 14 January 2009 on textile names (1), and in particular Article 15(1) thereof,

Whereas:

(1)

Directive 2008/121/EC lays down rules governing the labelling or marking of products as regards their textile fibre content, in order to ensure that consumer interests are thereby protected. Textile products may be placed on the market within the Union only if they comply with the provisions of that Directive.

(2)

In view of recent findings by a technical working group, it is necessary, for the purposes of adapting Directive 2008/121/EC to technical progress, to add the fibre polypropylene/polyamide bicomponent to the list of fibres set out in the Annexes I and V to that Directive.

(3)

Directive 2008/121/EC should therefore be amended accordingly.

(4)

The measures provided for in this Directive are in accordance with the opinion of the Committee for Directives relating to Textile Names and Labelling,

HAS ADOPTED THIS DIRECTIVE:

Article 1

Directive 2008/121/EC is amended as follows:

(1)

in Annex I the following row 49 is added:

‘49.

Polypropylene/polyamide bicomponent

a bicomponent fibre composed of between 10 % and 25 % by mass of polyamide fibrils embedded in polypropylene matrix’;

(2)

in Annex V the following entry 49 is added:

‘49.

Polypropylene/polyamide bicomponent

1,00 ’.

Article 2

1.   Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by 30 July 2012 at the latest. They shall forthwith communicate to the Commission the text of those provisions.

When Member States adopt those provisions, they shall contain a reference to this Directive or be accompanied by such a reference on the occasion of their official publication. Member States shall determine how such reference is to be made.

2.   Member States shall communicate to the Commission the text of the main provisions of national law which they adopt in the field covered by this Directive.

Article 3

This Directive shall enter into force on the 20th day following its publication in the Official Journal of the European Union.

Article 4

This Directive is addressed to the Member States.

Done at Brussels, 29 July 2011.

For the Commission

The President

José Manuel BARROSO


(1)   OJ L 19, 23.1.2009, p. 29.


30.7.2011   

EN

Official Journal of the European Union

L 198/32


COMMISSION DIRECTIVE 2011/74/EU

of 29 July 2011

amending, for the purposes of its adaptation to technical progress, Annex II to Directive 96/73/EC of the European Parliament and of the Council on certain methods for quantitative analysis of binary textile fibre mixtures

(Text with EEA relevance)

THE EUROPEAN COMMISSION,

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

Having regard to Directive 96/73/EC of the European Parliament and of the Council of 16 December 1996 on certain methods for quantitative analysis of binary textile fibre mixtures (1), and in particular Article 5 thereof,

Whereas:

(1)

Directive 2008/121/EC of the European Parliament and of the Council of 14 January 2009 on textile names (2) requires labelling to indicate the fibre composition of textile products, with checks being carried out by analysis on the conformity of these products with indications given on the label.

(2)

Uniform methods for quantitative analysis of binary textile fibre mixtures are provided for in Directive 96/73/EC.

(3)

On the basis of recent findings by a technical working group, Directive 2008/121/EC was adapted to technical progress, by adding the fibre polypropylene/polyamide bicomponent to the list of fibres set out in Annexes I and V to that Directive.

(4)

It is therefore necessary to define uniform test methods for polypropylene/polyamide bicomponent.

(5)

Directive 96/73/EC should therefore be amended accordingly.

(6)

The measures provided for in this Directive are in accordance with the opinion of the Committee for Directives relating to Textile Names and Labelling,

HAS ADOPTED THIS DIRECTIVE:

Article 1

Annex II to Directive 96/73/EC is amended in accordance with the Annex to this Directive.

Article 2

1.   Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by 30 July 2012 at the latest. They shall forthwith communicate to the Commission the text of those provisions.

When Member States adopt those provisions, they shall contain a reference to this Directive or be accompanied by such a reference on the occasion of their official publication. Member States shall determine how such reference is to be made.

2.   Member States shall communicate to the Commission the text of the main provisions of national law which they adopt in the field covered by this Directive.

Article 3

This Directive shall enter into force on the 20th day following its publication in the Official Journal of the European Union.

Article 4

This Directive is addressed to the Member States.

Done at Brussels, 29 July 2011.

For the Commission

The President

José Manuel BARROSO


(1)   OJ L 32, 3.2.1997, p. 1.

(2)   OJ L 19, 23.1.2009, p. 29.


ANNEX

Chapter 2 of Annex II to Directive 96/73/EC is amended as follows:

(1)

the Summary Table is replaced by the following:

‘2.   SUMMARY TABLE

Method

Field of application (1)

Reagent

Soluble component

Insoluble component

1.

Acetate

Certain other fibres

Acetone

2.

Certain protein fibres

Certain other fibres

Hypochlorite

3.

Viscose, cupro or certain types of modal

Certain other fibres

Formic acid and zinc chloride

4.

Polyamide or nylon

Certain other fibres

Formic acid, 80 % m/m

5.

Acetate

Certain other fibres

Benzyl alcohol

6.

Triacetate or polylactide

Certain other fibres

Dichloromethane

7.

Certain cellulose fibres

Certain other fibres

Sulphuric acid, 75 % m/m

8.

Acrylics, certain modacrylics or certain chlorofibres

Certain other fibres

Dimethylformamide

9.

Certain chlorofibres

Certain other fibres

Carbon disulphide/acetone, 55,5/44,5 v/v

10.

Acetate

Certain other fibres

Glacial acetic acid

11.

Silk, polyamide or nylon

Certain other fibres

Sulphuric acid, 75 % m/m

12.

Jute

Certain animal fibres

Nitrogen content method

13.

Polypropylene

Certain other fibres

Xylene

14.

Certain fibres

Certain other fibres

Concentrated sulphuric acid method

15.

Chlorofibres, certain modacrylics, certain elastanes, acetates, triacetates

Certain other fibres

Cyclohexanone

16.

Melamine

Certain other fibres

Hot formic acid 90 % m/m

(2)

point 1.2 of method No 1 is replaced by the following:

‘2.

wool (1), animal hair (2 and 3), silk (4), cotton (5), flax (7) true hemp (8), jute (9), abaca (10), alfa (11), coir (12), broom (13), ramie (14), sisal (15), cupro (21), modal (22), protein (23), viscose (25), acrylic (26), polyamide or nylon (30), polyester (35), polypropylene (37), elastomultiester (46), elastolefin (47), melamine (48) and polypropylene/polyamide bicomponent (49).

In no circumstances is the method applicable to acetate fibres which have been deacetylated on the surface.’;

(3)

point 1.2 of method No 2 is replaced by the following:

‘2.

cotton (5), cupro (21), viscose (25), acrylic (26), chlorofibres (27), polyamide or nylon (30), polyester (35), polypropylene (37), elastane (43), glass fibre (44) elastomultiester (46), elastolefin (47), melamine (48) and polypropylene/polyamide bicomponent (49).

If different protein fibres are present, the method gives the total of their amounts but not their individual quantities.’;

(4)

method No 3 is amended as follows:

(a)

the title is replaced by the following:

‘VISCOSE, CUPRO OR CERTAIN TYPES OF MODAL AND CERTAIN OTHER FIBRES

(Method using formic acid and zinc chloride)’

(b)

point 1.2 is replaced by the following:

‘2.

cotton (5), polypropylene (37), elastolefin (47) and melamine (48).

If a modal fibre is found to be present, a preliminary test shall be carried out to see whether it is soluble in the reagent.

This method is not applicable to mixtures in which the cotton has suffered extensive chemical degradation nor when the viscose or cupro is rendered incompletely soluble by the presence of certain dyes or finishes that cannot be removed completely.’;

(c)

point 5 is replaced by the following:

‘5.   CALCULATION AND EXPRESSION OF RESULTS

Calculate the results as described in the general instructions. The value of “d” is 1,00, except for cotton, for which “d” = 1,02 and for melamine, for which “d” = 1,01.’;

(5)

method No 5 is amended as follows:

(a)

the title is replaced by the following:

‘ACETATE AND CERTAIN OTHER FIBRES

(Method using benzyl alcohol)’

(b)

point 1.2 is replaced by the following:

‘2.

triacetate (24), polypropylene (37), elastolefin (47), melamine (48) and polypropylene/polyamide bicomponent (49).’;

(6)

method No 6 is amended as follows:

(a)

the title is replaced by the following:

‘TRIACETATES OR POLYLACTIDE AND CERTAIN OTHER FIBRES

(Method using dichloromethane)’

(b)

point 1.2 is replaced by the following:

‘2.

wool (1), animal hair (2 and 3), silk (4), cotton (5), cupro (21), modal (22), viscose (25), acrylic (26), polyamide or nylon (30), polyester (35), polypropylene (37), glass fibre (44) elastomultiester (46), elastolefin (47), melamine (48) and polypropylene/polyamide bicomponent (49).

Note

Triacetate fibres which have received a finish leading to partial hydrolysis cease to be completely soluble in the reagent. In such cases, the method is not applicable.’;

(7)

method No 7 is amended as follows:

(a)

the title is replaced by the following:

‘CERTAIN CELLULOSE FIBRES AND CERTAIN OTHER FIBRES

(Method using 75 % m/m sulphuric acid)’

(b)

point 1.2 is replaced by the following:

‘2.

polyester (35), polypropylene (37), elastomultiester (46), elastolefin (47) and polypropylene/polyamide bicomponent (49).’;

(c)

point 5 is replaced by the following:

“5.   CALCULATION AND EXPRESSION OF RESULTS

Calculate the results as described in the general instructions. The value of “d” is 1,00, except for polypropylene/polyamide bicomponent, for which the value of “d” is 1,01.’;

(8)

point 1.2 of method No 8 is replaced by the following:

‘2.

wool (1), animal hair (2 and 3), silk (4), cotton (5), cupro (21), modal (22), viscose (25), polyamide or nylon (30), polyester (35), polypropylene (37), elastomultiester (46), elastolefin (47), melamine (48) and polypropylene/polyamide bicomponent (49).

It is equally applicable to acrylics, and certain modacrylics, treated with pre-metallised dyes, but not to those dyed with afterchrome dyes.’;

(9)

point 1.2 of method No 9 is replaced by the following:

‘2.

wool (1), animal hair (2 and 3), silk (4), cotton (5), cupro (21), modal (22), viscose (25), acrylic (26), polyamide or nylon (30), polyester (35), polypropylene (37), glass fibre (44), elastomultiester (46), melamine (48) and polypropylene/polyamide bicomponent (49).

When the wool or silk content of the mixture exceeds 25 %, method No 2 shall be used.

When the polyamide or nylon content of the mixture exceeds 25 %, method No 4 shall be used.’;

(10)

method No 10 is amended as follows:

(a)

the title is replaced by the following:

‘ACETATE AND CERTAIN OTHER FIBRES

(Method using glacial acetic acid)’

(b)

point 1.2 is replaced by the following:

‘2.

certain chlorofibres (27) namely polyvinyl chloride fibres, whether after-chlorinated or not, polypropylene (37), elastolefin (47), melamine (48) and polypropylene/polyamide bicomponent (49).’;

(11)

method No 11 is amended as follows:

(a)

the title is replaced by the following:

‘SILK OR POLYAMIDE AND CERTAIN OTHER FIBRES

(Method using 75 % m/m sulphuric acid)’

(b)

point 1 is replaced by the following:

‘1.   FIELD OF APPLICATION

This method is applicable, after removal of non-fibrous matter, to binary mixtures of:

1.

silk (4) or polyamide or nylon (30)

with

2.

wool (1), animal hair (2 and 3), polypropylene (37), elastolefin (47), melamine (48) and polypropylene/polyamide bicomponent (49).’;

(c)

point 2 is replaced by the following:

‘2.   PRINCIPLE

The silk or polyamide or nylon fibre is dissolved out from a known dry mass of the mixture, with 75 % m/m sulphuric acid.

The residue is collected, washed, dried and weighed. Its mass, corrected if necessary, is expressed as a percentage of the dry mass of the mixture. The percentage of the dry silk or polyamide or nylon is found by difference.’

(d)

point 4 is replaced by the following:

‘4.   TEST PROCEDURE

Follow the procedure described in the general instructions and proceed as follows:

 

To the specimen contained in a glass-stoppered conical flask of at least 200 ml capacity, add 100 ml of 75 % m/m sulphuric acid per gram of specimen and insert the stopper. Shake vigorously and stand for 30 minutes at room temperature. Shake again and stand for 30 minutes. Shake a last time and filter the contents of the flask through the weighed filter crucible. Wash any remaining fibres from the flask with the 75 % sulphuric acid reagent. Wash the residue on the crucible successively with 50 ml of the dilute sulphuric acid reagent, 50 ml water and 50 ml of the dilute ammonia solution. Each time allow the fibres to remain in contact with the liquid for about 10 minutes before applying suction. Finally rinse with water, leaving the fibres in contact with the water for about 30 minutes. Drain the crucible with suction, dry the crucible and residue, and cool and weigh them.

 

In the case of binary mixtures of polyamide with polypropylene/polyamide bicomponent, after filtering fibres through the weighed filter crucible and before applying the described washing procedure, wash twice the residue on the filter crucible with 50 ml of 75 % sulphuric acid reagent each time.’;

(e)

points 5 and 6 are replaced by the following:

‘5.   CALCULATION AND EXPRESSION OF RESULTS

Calculate the results as described in the general instructions. The value of “d” is 1,00, except for wool, for which “d” = 0,985, for polypropylene/polyamide bicomponent, for which “d” = 1,005 and for melamine, for which “d” = 1,01.

6.   PRECISION

On a homogeneous mixture of textile materials, the confidence limits of results obtained by this method are not greater than ± 1 for a confidence level of 95 %, except for binary mixtures of polyamide with polypropylene/polyamide bicomponent for which the confidence limits of results are not greater than ± 2.’;

(12)

method No 14 is amended as follows:

(a)

the title is replaced by the following:

‘CERTAIN FIBRES AND CERTAIN OTHER FIBRES

(Method using concentrated sulphuric acid)’

(b)

point 1.2 is replaced by the following:

‘2.

chlorofibres (27) based on homopolymers of vinyl chloride, whether after-chlorinated or not, polypropylene (37), elastolefin (47), melamine (48) and polypropylene/polyamide bicomponent (49).

The modacrylics concerned are those which give a limpid solution when immersed in concentrated sulphuric acid (relative density 1,84 at 20 °C).

This method can be used in place of methods No 8 and No 9.’;

(c)

point 2 is replaced by the following:

‘2.   PRINCIPLE

The constituent other than the chlorofibre, polypropylene, elastolefin, melamine or polypropylene/polyamide bicomponent (i.e. the fibres mentioned in paragraph 1.1) is dissolved out from a known dry mass of the mixture with concentrated sulphuric acid (relative density 1,84 at 20 °C). The residue, consisting of the chlorofibre, polypropylene, elastolefin, melamine or polypropylene/polyamide bicomponent is collected, washed, dried and weighed; its mass, corrected if necessary, is expressed as a percentage of the dry mass of the mixture. The percentage of the second constituents is obtained by difference.’;

(d)

point 5 is replaced by the following:

‘5.   CALCULATION AND EXPRESSION OF RESULTS

Calculate the results as described in the general instructions. The value of “d” is 1,00, except for melamine and polypropylene/polyamide bicomponent, for which the value of “d” is 1,01.’;

(13)

method No 16 is amended as follows:

(a)

the title is replaced by the following:

‘MELAMINE AND CERTAIN OTHER FIBRES

(Method using hot formic acid)’

(b)

point 1.2 is replaced by the following:

‘2.

cotton (5), aramid (31) and polypropylene (37).’.


(1)  Detailed list of fibres under each method.’


DECISIONS

30.7.2011   

EN

Official Journal of the European Union

L 198/37


COUNCIL DECISION 2011/483/CFSP

of 28 July 2011

amending and extending Decision 2010/96/CFSP on a European Union military mission to contribute to the training of Somali security forces (EUTM Somalia)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on European Union, and in particular Articles 28 and 43(2) thereof,

Whereas:

(1)

On 15 February 2010, the Council adopted Decision 2010/96/CFSP on a European Union military mission to contribute to the training of Somali security forces (1).

(2)

On 31 March 2010, the Council adopted Decision 2010/197/CFSP on the launch of a European Union military mission to contribute to the training of Somali security forces (EUTM Somalia) (2).

(3)

On 20 July 2011, the Council approved the revised Crisis Management Concept for EUTM Somalia.

(4)

On 28 April 2011, in his report S/2011/277 to the Security Council, the United Nations Secretary-General (UNSG) noted the territorial gains and the progress in the security track, and mentioned the training provided by the EU. The UNSG recommends focusing on further development of the Somali security sector institutions and in particular recommends improving the Command and Control structures of the National Security Forces (NSF).

(5)

On 21 April 2011, the Chairperson of the African Union (AU) Commission submitted his report on the situation in Somalia to the Peace and Security Council. He highlighted the gains in the security domain and made a request for the continuation of the training support.

(6)

In his letter of 4 May 2011, to the High Representative of the Union for Foreign Affairs and Security Policy, the Prime Minister of Somalia, expressed the Somali Transitional Federal Government’s (TFG) appreciation for the EU’s support and reiterated the TFG’s full commitment to building a Command and Control structure for the NSF, to protect the civilian population and to integrate different militias and clans’ forces into the NSF.

(7)

The TGF’s appreciation was reiterated during the Joint Security Committee in Kampala on 23 June 2011.

(8)

During the Joint Consultative meeting of the AU PSC and the EU PSC held on 10 May 2011 in Addis Ababa, the AU expressed its satisfaction with the support provided by EUTM Somalia in the build-up to a professional and unified Somali NSF.

(9)

Ugandan Political and Military authorities have expressed their satisfaction with the partnership with the EU and the United States of America, and their willingness to continue the training.

(10)

In accordance with Article 5 of the Protocol on the position of Denmark annexed to the Treaty on European Union and to the Treaty on the Functioning of the European Union, Denmark does not participate in the elaboration and implementation of decisions and actions of the Union which have defence implications. Denmark does not participate in the implementation of this Decision and therefore does not participate in the financing of this operation.

(11)

EUTM Somalia should be further extended,

HAS ADOPTED THIS DECISION:

Article 1

Decision 2010/96/CFSP is hereby amended as follows:

(1)

in Article 1, paragraphs 1 and 2 are replaced by the following:

‘1.   In order to continue contributing towards strengthening the Somali Transitional Federal Government (TFG) as a functioning government serving all Somali citizens, an EU military training mission (EUTM Somalia) shall contribute to the development of the Somali security sector through the provision of military training to the National Security Forces (NSF). Training will focus on developing Command and Control and specialised capabilities and on self-training capacities of the Somali NSF, with a view to transferring EU training expertise to local actors. EUTM Somalia will continue operating in close cooperation and coordination with other actors in the International Community, in particular the United Nations, AMISOM, and the United States of America and Uganda in line with agreed TFG requirements.

2.   The EU military training carried out to that end shall continue to take place mainly in Uganda, in accordance with the political objective of the EU mission to contribute to the training of Somali security forces, as defined in the revised Crisis Management Concept approved by the Council on 20 July 2011. Elements of EUTM Somalia will also be based in Nairobi and Brussels.’;

(2)

in Article 2, paragraph 1 is replaced by the following:

‘1.   Colonel Michael BEARY is hereby appointed EU Mission Commander with effect from 9 August 2011.’;

(3)

Article 10 is hereby amended as follows:

(a)

paragraph 2 is replaced by the following:

‘2.   The financial reference amount for the common costs of the EU military mission for the period until 9 August 2011 shall be EUR 4,8 million. The percentage of the reference amount referred to in Article 32(3) of ATHENA shall be 60 %.’;

(b)

the following paragraph is added:

‘3.   The financial reference amount for the common costs of the EU military mission for the period starting on 9 August 2011 shall be EUR 4,8 million. The percentage of this reference amount referred to in Article 32(3) of ATHENA shall be 30 %.’;

(4)

in Article 12, paragraph 2 is replaced by the following:

‘2.   The EU military mission shall terminate in 2012 after two 6-month training periods and redeployment of the EU units and personnel to Europe.’.

Article 2

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

Done at Brussels, 28 July 2011.

For the Council

The President

M. DOWGIELEWICZ


(1)   OJ L 44, 19.2.2010, p. 16.

(2)   OJ L 87, 7.4.2010, p. 33.


30.7.2011   

EN

Official Journal of the European Union

L 198/39


COMMISSION IMPLEMENTING DECISION

of 11 July 2011

concerning a site information format for Natura 2000 sites

(notified under document C(2011) 4892)

(2011/484/EU)

THE EUROPEAN COMMISSION,

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

Having regard to Council Directive 92/43/EEC of 21 May 1992 on the conservation of natural habitats and of wild fauna and flora (1), and in particular to the second subparagraph of Article 4(1) thereof,

Having regard to Directive 2009/147/EC of the European Parliament and of the Council of 30 November 2009 on the conservation of wild birds (2), and in particular to Article 4(3) thereof,

Whereas:

(1)

Article 3(1) of Directive 92/43/EEC provides that the Natura 2000 network shall include the special protection areas classified by the Member States pursuant to Council Directive 79/409/EEC (3).

(2)

For each Natura 2000 site, the format needs to provide for a map of the site, name, location, extent and the data resulting from application of the criteria used in selecting the site.

(3)

The format serves as documentation of the Natura 2000 network.

(4)

The content of the Natura 2000 Standard Data Form should be updated regularly based on the best available information for each site of the network in order to allow the Commission to fulfil its coordinating role and in accordance with Article 9 of Directive 92/43/EEC to periodically review the contribution of Natura 2000 towards the achievement of the objectives set out in Articles 2 and 3 of that Directive.

(5)

The measures provided for in this Decision are in accordance with the opinion of the Committee set up pursuant to Article 20 of Directive 92/43/EEC,

HAS ADOPTED THIS DECISION:

Article 1

The format for the transmission of information on the Natura 2000 network, called the ‘Natura 2000 Standard Data Form’, is set out in the Annex.

Article 2

Commission Decision 97/266/EC (4) is repealed.

Article 3

This Decision is addressed to the Member States.

Done at Brussels, 11 July 2011.

For the Commission

Janez POTOČNIK

Member of the Commission


(1)   OJ L 206, 22.7.1992, p. 7.

(2)   OJ L 20, 26.1.2010, p. 7.

(3)   OJ L 103, 25.4.1979, p. 1.

(4)   OJ L 107, 24.4.1997, p. 1.


ANNEX

NATURA 2000

STANDARD DATA FORM

Council Directive 2009/147/EC on the conservation of wild birds and Council Directive 92/43/EEC on the conservation of natural habitats and of wild flora and fauna

STANDARD DATA FORM

For Special Protection Areas (SPA), proposed Sites of Community Importance (pSCI), Sites of Community Importance (SCI) and for Special Areas of Conservation (SAC)

1.   SITE IDENTIFICATION

Image 6

Text of image

2.   SITE LOCATION

Image 7

Text of image

3.   ECOLOGICAL INFORMATION

Image 8

Text of image

Image 9

Text of image

Image 10

Text of image

4.   SITE DESCRIPTION

Image 11

Text of image

Image 12

Text of image

5.   SITE PROTECTION STATUS (OPTIONAL)

Image 13

Text of image

6.   SITE MANAGEMENT

Image 14

Text of image

7.   MAP OF THE SITE

Image 15

Text of image

STANDARD DATA FORM

EXPLANATORY NOTES

TABLE OF CONTENTS

INTRODUCTION

1.

SITE IDENTIFICATION 53

1.1.

Site type 53

1.2.

Site code 54

1.3.

Site name 54

1.4.

First compilation date 54

1.5.

Update date 54

1.6.

Respondent 54

1.7.

Site indication and designation/classification dates 55

2.

SITE LOCATION 55

2.1.

Site centre location 55

2.2.

Site surface area 55

2.3.

Percentage of marine area in the site 55

2.4.

Site length (optional) 56

2.5.

Administrative region code and name 56

2.6.

Biogeographical region(s) 56

3.

ECOLOGICAL INFORMATION 56

3.1.

Habitat types present on the site and site evaluation for them 56

3.2.

Species referred to in Article 4 of Directive 2009/147/EC and species listed in Annex II to Directive 92/43/EEC and site evaluation for them 60

3.3.

Other important species of flora and fauna (optional) 64

4.

SITE DESCRIPTION 65

4.1.

General site character 65

4.2.

Quality and importance 65

4.3.

Threats, pressures and activities with impact on the site 65

4.4.

Ownership (optional) 66

4.5.

Documentation (optional) 66

5.

SITE PROTECTION STATUS (OPTIONAL) 67

5.1.

Protection status at national and regional level 67

5.2.

Relation of the described site with other sites (neighbouring sites and sites belonging to different designation types) 67

5.3.

Site designation 68

6.

SITE MANAGEMENT 68

6.1.

Body responsible for the site management 68

6.2.

Management plan 68

6.3.

Conservation measures (optional) 68

7.

MAP OF THE SITE 68
Appendix 69

List of abbreviations:

EC

European Communities

EEC

European Economic Community

GIS

Geographical Information System

INSPIRE

Infrastructure for Spatial Information in Europe

pSCI

proposed Site of Community Importance

SCI

Sites of Community Importance

SAC

Special Area of Conservation

SDF

Standard Data Form

SPA

Special Protection Area

INTRODUCTION

NATURA 2000 is the ecological network for the conservation of wild animal and plant species and natural habitats of Community importance within the Union. It consists of the sites classified under the Birds Directive first adopted in 1979 (Directive 2009/147/EC) and the Habitats Directive adopted in 1992 (Directive 92/43/EEC).

Central to the success of NATURA 2000 is the level of information on habitats and species of Community interest. Hence data and information are needed in a structured and comparable format.

The legal basis for providing the data to implement this phase of NATURA 2000 is outlined in Article 4 paragraph 1 of the Habitats Directive which defines that ‘information shall include a map of the site, its name, location, extent and the data resulting from application of the criteria specified in Annex III (Stage 1) provided in a format established by the Commission in accordance with the procedure laid down in Article 21’. Under Article 4 paragraph 3 of the Birds Directive Member States are already required to ‘send the Commission all relevant information so that it may take appropriate initiatives with a view to the coordination necessary to ensure that the areas provided for in paragraph 1 and 2 (of Article 4) form a coherent whole which meets the protection requirements of these species in the geographical sea and land area where this Directive applies’.

The purpose and use of the Standard Data Form

The main objectives of the NATURA 2000 Standard Data Form (SDF) and the resulting database are:

(1)

to provide the necessary information to enable the Commission, in partnership with the Member States, to coordinate measures to create and maintain a coherent NATURA 2000 network and to evaluate its effectiveness for the conservation of Annex I habitats and for the habitats of species listed in Annex II to Directive 92/43/EEC as well as the habitats of Annex I bird species and other migratory bird species covered by Directive 2009/147/EC;

(2)

to update the Union Lists of SCIs/SACs under the Habitats Directive;

(3)

to provide information which will assist the Commission in other decision making capacities to ensure that the NATURA 2000 network is fully considered in other policy areas and sectors of the Commission’s activities in particular regional, agricultural, energy, transport and tourism policies;

(4)

to assist the Commission and the relevant committees in choosing actions for funding under LIFE+ and other financial instruments where data relevant to the conservation of sites are likely to facilitate the decision making process;

(5)

to provide a consistent and useful format for the exchange and communication of information on Natura 2000 sites, in accordance with the provisions of the INSPIRE regulation and other Commission legislation and agreements on access to information (e.g. Aarhus Convention);

(6)

for the use in research, planning and for other purposes in support of conservation policy;

(7)

to provide a reliable reference and information source for the assessment of specific problems in case of potential infringements of union law.

The SDFs, being the documentation of the NATURA 2000 network on Union level, are considered an important information source for all these purposes. This documentation should therefore be kept reasonably up-to-date in order to fulfil its various purposes well. Thus regular updating by Member States based on the best information available is strongly recommended. For example results of monitoring under Article 11, management planning, impact assessments, etc. could be the source of new information which should be reflected in updated SDFs. However detailed monitoring of each site separate from the monitoring under Article 11 of the Habitats Directive is not explicitly required by that Directive.

While some changes made by Member States in the SDF might have legal consequences (e.g. changes being introduced in the Union Lists by Commission Decision), revised entries in the SDFs as such are not considered to have automatic legal effects by itself: for example the disappearance of a species from a site would not necessarily be interpreted to be the result of inadequate management and would therefore not automatically trigger legal actions. Nor does the information given in the SDF on threats and pressures with negative impacts on a site necessarily mean that a Member State is failing its obligations as all this information needs to be seen in context.

The revised Standard Data Form

The first ‘Standard Data Form’ (SDF) was adopted in 1997 (Decision 97/266/EC). In 2008 Member States and the Commission expressed the need to improve, streamline and modernise the dataflow under both Directives and within this frame a revision of the SDF was started. This was done in close collaboration with Member States within a technical working group (Expert Group on Reporting).

The SDF was revised with a view to improving the availability and quality of data that are implicitly needed for the NATURA 2000 network. Thereby certain parts of the old form were removed as they had become redundant; here in particular the improved availability of digital spatial data within the infrastructures for spatial information is taken into account. Additionally, certain important gaps were filled (e.g. information on the percentage of marine area within the sites) and necessary improvements were made to the structure of the data on ecological information.

Another reason for revision was the fast development of information technology for data management (e.g. automatic quality checks or the exact tracking of changes between deliveries) as well as the increasing availability of digital geographical information and analysis tools. Therefore no paper maps or forms are required any longer and data needs to be provided in electronic format only.

This document provides information about the different data fields of the SDF as well as on the geographical information needed and it illustrates how they should be completed.

Reference Portal for NATURA 2000

However some elements will be subject to change over time and subject to changes due to technical developments. Those elements shall be found in a ‘Reference Portal for NATURA 2000’, where they will be kept up-to-date and available for consultation. These elements concern: reference documents (e.g. the coding of species), technical support material (e.g. data-model, applications) as well as guidelines to ensure a consistent use of the SDF by all Member States and to outline the technical and administrative procedures on how to submit data to the Commission. As the Reference Portal is an important part of the SDF documentation, any adaptation or change to those documents in the portal, which are under the management of DG Environment and the Habitats Committee (see Annex for this distinction) should find the prior approval of the Habitats Committee (1). The reference portal can be found on the website of the Commission, DG Environment. The reference documents of this portal are listed in the Annex.

Natura 2000 Standard Data Form and its database

Each site proposed, designated or classified must have a completed Standard Data Form. There may be cases where a relationship exists between two or more Natura 2000 sites. Figure 1 outlines the three relevant relationships that can exist between two Natura 2000 sites. In cases where an overlap exists between two sites (but where they are not identical) or where one of them is within the other, two separate forms are to be completed.

All fields of the SDF are obligatory unless specifically mentioned otherwise.

1.   SITE IDENTIFICATION

1.1.   Site type

This one-character code indicates whether the site is a Site under the Habitats Directive (pSCI, SCI or SAC) or a classified Special Protection Site (SPA) or both. In cases where SCI and SPA overlap, but are not identical the sites are treated as separate objects.

Figure 1

Possible relationships between sites

Image 16

A

Designated SPA

One form for the SPA to be completed

Image 17

B

pSCI, SCI or SAC

One form for the pSCI/SCI/SAC to be completed

Image 18

C

Area of pSCI/SCI/SAC is the same as designated SPA

One form for both (pSCI/SCI/SAC) and SPA to be completed

Image 19

 

In case that SCI and SPA overlap, but are not identical, the sites are treated as separate. One form has to be completed for each of them.

1.2.   Site code

Each site is recognised by a unique code that comprises nine characters and consists of two components:

1.

The first two characters form the country code. Apply the Union rule of the use of the 2-letter ISO 3166 country code (see reference portal) (2).

2.

The remaining seven characters, which serve to create a unique alphanumeric code for each site, are to be given following a logical and coherent system defined by the responsible national authority. As the codes are the identifying element of the sites they should be stable over time.

1.3.   Site name

Sites names are entered in their local language. In this way, difficult translation is avoided and integration of existing data on the national or local level is straightforward. In the case of different characters (e.g. Greek and Cyrillic), names are transliterated into the Latin alphabet. Do not give site names in upper case text (e.g. ‘Gave de Pau’ NOT ‘GAVE DE PAU’).

1.4.   First compilation date

Enter the date you wish to see as the ‘first compilation date’ for the information recorded in the SDF. The data field takes the form of the year (four digits) followed by the month in numeric form (two digits).

Example: 199305: data first compiled in May 1993.

In case of an enlargement of the site leave the ‘first compilation date’ unchanged, as this date is used for the first submission of the site only. Instead enter the date when the enlargement took place in the field ‘update date’ (see 1.5).

1.5.   Update date

Enter the date when the information reported for the site was last changed, using the same format as for date in the example given for 1.4. In the case of a record of a new site leave the ‘update’ field empty. Where the information has been updated several times this field contains the date of the most recent change of information.

1.6.   Respondent

Enter here the official contact information of the organisation (e.g. the competent administrative authority) that compiled the information contained in the record. The respondent should be the contact point in case of technical questions; the respondent can be a ‘role’ within the organisation (e.g. position within a unit).

1.7.   Site indication and designation/classification dates

Three obligatory dates can be involved: the date a site is classified as SPA; the date the site is proposed as SCI, and the date the site was designated nationally as SAC. Sub-fields will indicate the year and month of these dates. Where a site has been designated and subsequently enlarged, the year of the initial listing should be kept and the most recent total area should be given.

The date ‘confirmed as SCI’ is optional for Member States to fill in; the date of confirmation/adoption of relevant union list are documented by DG Environment.

Enter the National legal reference of the SAC/SPA designation in the relevant free text field. Additional explanations can be given in the optional free text field ‘Explanations’, e.g. for classification or designation dates of sites that are composed of originally separate SPAs and/or SCIs.

2.   SITE LOCATION

2.1.   Site centre location

The geographical coordinates (longitude and latitude) of the centre of the site must be entered in Decimal Degrees. Longitudinal values west of the Greenwich Prime Meridian are given negative values while those to the east are given positive values (this can be confirmed with a + sign or taken as understood if there is no sign provided).

Where sites are composed of several distinct areas the coordinate of the most important sub-area should be entered (for practical purposes we suggest using the largest area). The coordinates entered for the site must be within the site. Care is needed in generating the centre coordinates automatically; in the following example a site consists of several polygons, the first image (a) shows where coordinates have been automatically created but note that the coordinate of the largest polygon is outside the polygon; in the second image (b) a single coordinate is generated for the largest site though it lies outside the site; in the third image (c) a coordinate is created for the largest site and the coordinate lies inside the polygon. Only the last example (c) is correct (3).

Image 20

(a)

(b)

(c) = correct

Conversion from Degrees, Minutes, and Seconds (DMS) is straightforward. A DMS value is converted to decimal degrees using the formula (D + M/60 + S/3600) e.g. Longitude 9° 15′ 30″ WEST, Latitude 54° 36′ 30″ becomes Longitude – 9,2583, Latitude 54,6083.

2.2.   Site surface area

Enter the most accurate total surface area available in hectares; decimal places can be used. In case that surface area is not feasible enter the length of site in field 2.4 (site length) and in this case only leave the field site surface area empty.

Caves: Member States are encouraged to enter projected surface area for caves wherever possible otherwise use field 2.4.

Where the area of the site has changed over time, the most recent total area is entered.

2.3.   Percentage of marine area in the site

The percentage of the marine area in the site has to be given. The definition of the coastline used to define the marine boundary should follow international (e.g. UN Convention on the Law of the Sea — UNCLOS) or national legislation. Each Member State shall provide the description of the boundary used to the Commission; it will then be made available in the reference portal (e.g. ‘the area below the spring low tide limit’).

Use estimation, when exact data are not available. Where the percentage of marine area in the site has changed over time, the most recent percentage should be entered.

2.4.   Site length (optional)

Fill in this field if length is relevant (e.g. cliffs). Site length is entered in kilometres.

In case that the surface area is not given in field 2.2 the estimated site length must be entered here.

Where the length of the site has changed over time, the most recent total length is entered.

2.5.   Administrative region code and name

Eurostat has developed a standard hierarchical coding system for the regions of the Union to reference statistical data. This coding system must be applied to all regional coding applications in the Commission (see Regulation (EC) No 1059/2003 of the European Parliament and of the Council (4)). A full description can also be found at the homepage of Eurostat.

The NUTS-codes level 2 are entered for each site, one code is obligatory. Where a site is split between two or more regions, as many codes as regions which are involved are entered in the database. The region name is required for cross-checking. Where a site is not covered by a NUTS region, enter the NUTS code for ‘extra region’ (e.g. an extra region in Belgium at level 2 would be correctly coded as: ‘BEZZ’ and incorrectly as: ‘BE0’). The codings can be found in the reference portal.

2.6.   Biogeographical region(s)

With reference to the map of the biogeographical regions (see reference portal) indicate in which of these biogeographical region(s) the site occurs by marking the appropriate boxes; this does also apply for marine sites.

In case that a site is located in more than one region, the percentage of the coverage per region should be entered (optional).

Additional information on marine regions: The indication of the marine regions in the SDF is due to practical/technical reasons and concerns Member States in which one terrestrial biogeographic region is bordering two marine regions; it has no other implications. The most recent boundaries of the biogeographical regions and marine regions as well as the coding can be downloaded from the reference portal.

3.   ECOLOGICAL INFORMATION

For sites classified as SPA under the Birds Directive Member States provide:

all the relevant information on species covered by Article 4 of the Birds Directive, i.e. Annex I species and regularly occurring migratory species not included in Annex I (Section 3.2)(obligatory),

information concerning the habitats of Annex I to the Habitats Directive (Section 3.1) and the species of fauna and flora of Annex II (Section 3.2) for all or that part of the site if it is also recognised as of Community importance pursuant to Directive 92/43/EEC or simultaneously designated as pSCI/SCI/SAC (optional),

other relevant information on important species of fauna and flora (Section 3.3) is desirable (optional),

in the case of a site being classified as a SPA, and not being recognised in total or in part as being of Community importance under Directive 92/43/EEC, but yet for which certain information on natural habitats or on species of fauna and flora is relevant for the conservation of the bird species for which the SPA was classified this information is desirable (optional).

For sites under the Habitats Directive (pSCI/SCI/SAC) Member States provide:

all relevant information concerning the types of habitats of Annex I (Section 3.1) and the species of fauna and flora of Annex II (Section 3.2) (obligatory),

all relevant information concerning bird species of Annex I and migratory species pursuant to Directive 2009/147/EC (Section 3.2) for all or that part of the site which is simultaneously classified as a SPA (optional),

other relevant information on important species of fauna and flora (Section 3.3) is desirable (optional).

3.1.   Habitat types present on the site and site evaluation for them

(i)   Codes and cover of Annex I habitat types within the site

Code: Enter here the four character code of the habitat types of Annex I to Directive 92/43/EEC. Only codes appearing in the currently valid Annex I to the Habitats Directive should be used, codes for subtypes given in earlier versions of the Interpretation Manual should not be used.

Priority Forms (PF): Attention: If the priority forms of habitats 6210, 7130 and 9430 are present on the site (depending on their character these habitats types can be both — priority form or not), please indicate the priority form by entering ‘x’ in the column ‘PF’ (see example below). Due to technical reasons, the ‘*’ used as part of the code in the Annex I is replaced by ‘x’ in this additional column. (Where both priority and non-priority forms occur within the site, entries should be made separately for each of the forms.)

Non-presence (NP)(optional): In cases where an Annex I habitat type for which the site was originally designated (i.e. which was formerly present) no longer exists on the site, it is strongly recommended to indicate this by entering ‘x’ in the column NP (alternative to the deletion of the information for this habitat type from the SDF).

Cover: All Annex I habitats occurring in the specific site must be noted, with the cover in hectare (see Figure 2). Decimal values can be entered.

There are situations where Annex I habitats can overlap (e.g. sand banks occurring within an estuary). In this case enter the area of each of the habitats (e.g. enter the area of the estuary and the size of the sand banks), in such cases, the total area of Annex I habitats may be greater than the site area. If this is not considered possible subtract the area of the smaller habitat form the area of the larger habitat.

Please note: In cases where it should be indicated that a habitat is considered as a candidate for introduction on the site, enter ‘-1’ in the field ‘size’.

Caves: For caves (8310, 8330) the number of caves can be entered if estimated surface area is not available.

Data Quality: Indicate the quality of the measurement in the field data quality. Indicate the data quality as far as possible: G = ‘Good’ (e.g. based on surveys); M = ‘Moderate’ (e.g. based on partial data with some extrapolation); P = ‘Poor’ (e.g. rough estimation).

(ii)   Site assessment criteria for a given natural habitat type in Annex I (in accordance with Section A of Annex III)

—   REPRESENTATIVITY: = A(a) of Annex III: degree of representativity of the habitat type on the site.

Criterion A(a) of Annex III should be linked to the interpretation manual of Annex I habitat types since this manual provides a definition, an indication of characteristic species and other relevant elements. The degree of representativity gives a measure of ‘how typical’ a habitat type is. If need be, this assessment should likewise take into account the representativity of the habitat type concerned on the site in question, either for a group of habitat types or for a particular combination of different habitat types.

If the field data, namely quantitative data, for the comparison do not exist or if measurement of the criterion is not feasible, the ‘best expert judgment’ may be used to rank the habitat type.

The following ranking system should be used:

A:

excellent representativity,

B:

good representativity,

C:

significant representativity.

Furthermore, all cases where a habitat type is present on the site in question in a non-significant manner must be indicated in a fourth category:

D:

non-significant presence.

Where only forms of an Annex I habitat which are of little conservation value are present please indicate ‘D’ (non-significant presence). For example a very degraded occurrence of a woodland with many of the usual species absent would be reported as ‘D’.

In cases where the site representativity for the habitat type concerned is classed ‘D: non-significant’, no other indication is required for the other evaluation criteria concerning this habitat type on the site in question. In these cases the criteria ‘Relative surface’, ‘Conservation status’ and ‘Global evaluation’ should not be marked.

—   RELATIVE SURFACE: = A(b) of Annex III: Area of the site covered by the natural habitat type in relation to the total area covered by that natural habitat type within the national territory.

Theoretically, to assess criterion A(b) one needs to measure the surface covered by the habitat type in the site, and the total surface of the national territory that is covered by the same habitat type. Although this is evident, it can be extremely difficult to make these measurements, especially those concerning the reference national surface.

This criterion should be expressed as a percentage ‘p’. Whether the two measures exist or can be obtained (and the percentage can therefore be calculated), or that the result arises from estimation according to the best judgement (which is the more likely situation) an evaluation of ‘p’ in class intervals should be made using the following progressive model.

A

:

100 ≥ p > 15 %

B

:

15 ≥ p > 2 %

C

:

2 ≥ p > 0 %

—   DEGREE OF CONSERVATION: = A(c) of Annex III: Degree of conservation of the structure and functions of the natural habitat type, concerned and restoration possibilities.

This criterion comprises three sub-criteria:

(i)

degree of conservation of the structure,

(ii)

degree of conservation of the functions,

(iii)

restoration possibility.

Although the above sub-criteria could be evaluated separately, they should nonetheless be combined for the requirements of selection of sites proposed on the national list as they have a complex and interdependent influence on the process.

(i)   Degree of conservation of structure

This sub-criterion should be linked to the interpretation manual on Annex I habitats since this manual provides a definition, a list of characteristic species and other relevant elements.

Comparing the structure of a given habitat type present in the site with the data of the interpretation manual (and other relevant scientific information), and even with the same habitat type in other sites, it should be possible to establish a ranking system as follows, using the ‘best expert judgment’:

I

:

excellent structure,

II

:

structure well conserved,

III

:

average or partially degraded structure.

In cases where the sub-class ‘excellent structure’ is given, the criterion A(c) should in its totality be classed as ‘A: excellent conservation’, independently of the grading of the other two sub-criteria.

In cases where the habitat type concerned on the site in question does not possess an excellent structure, it is still necessary to evaluate the other two sub-criteria.

(ii)   Degree of conservation of functions

It can be difficult to define and measure the functions of a particular habitat type on the defined site and their conservation, and to do this independently of other habitat types. For this reason it is useful to paraphrase ‘the conservation of functions’ by the prospects (capacity and probability) of the habitat type concerned on the site in question to maintain its structure for the future, given on the one hand the possible unfavourable influences and on the other hand all the reasonable conservation effort which is possible.

I

:

excellent prospects,

II

:

good prospects,

III

:

average or unfavourable prospects.

In cases where the sub-class ‘I: excellent prospects’ or ‘II: good prospects’ are combined with the grading ‘II: structure well conserved’ of the first sub-criterion, the criterion A(c) should in its totality by classed ‘A: excellent conservation’ or ‘B: good conservation’ respectively, independently of the grading of the third sub-criterion which should not further be considered.

In cases where the sub-class ‘III: average or unfavourable prospects’ is combined with the grading ‘III: average or partially degraded structure’ of the first sub-criterion, the criterion A(c) in its entirety should be classed as ‘C: average or reduced conservation’ independently of the grading of the third sub-criterion which should not further be considered.

(iii)   Restoration possibilities

This sub-criterion is used to evaluate to what extent the restoration of a habitat type concerned on the site in question could be possible.

The first thing to evaluate is its feasibility from a scientific point of view: does the current state of knowledge provide an answer to the ‘what to do and how to do it’ questions? This implies a full knowledge of the structure and functions of the habitat type and of the concrete management plans and prescriptions needed to restore it, that’s to say, to stabilise or increase the percentage of area covered by that habitat type, to re-establish the specific structure and functions which are necessary for its long-term maintenance and to maintain or restore a favourable conservation status for its typical species.

The second question that may be asked is the whether it is cost-effective from a nature conservation point of view? This assessment must take into consideration the degree of threat and rarity of the habitat type.

The ranking system should be the following, using ‘best expert judgement’:

I

:

restoration easy,

II

:

restoration possible with an average effort,

III

:

restoration difficult or impossible.

Synthesis: applying to the overall grading of the three sub-criteria

A: excellent conservation

=

excellent structure, independent of the grading of the other two sub-criteria,

=

structure well conserved and excellent prospects independent of the grading of the third criterion.

B: good conservation

=

structure well conserved and good prospects independent of the grading of the third sub-criterion,

=

structure well conserved and average/maybe unfavourable prospects and restoration easy or possible with average effort,

=

average structure/partially degraded, excellent prospects and restoration easy or possible with average effort,

=

average structure/partially degraded, good prospects and easy restoration.

C: average or reduced conservation

=

all other combinations.

—   GLOBAL ASSESSMENT = A(d) of Annex III: Global assessment of the value of the site for conservation of the natural habitat type concerned.

This criterion refers to the global assessment of the value of the site for the conservation of the habitat type concerned. This criterion should be used to assess the previous criteria in an integrated way and taking into consideration the different weights they may have for the habitat under consideration. Other aspects may be considered regarding the evaluation of the most relevant elements in order to globally assess their positive or negative influence on the conservation of the habitat type. The ‘most relevant’ elements may vary from habitat type to habitat type; they may include the human activities, both in the site or in its neighbouring areas, that are likely to influence the conservation status of the habitat type, the ownership of the land, the existing legal status of the site, the ecological relations between the different habitat types and species, etc.

The ‘best expert judgment’ may be used to assess this global value, and the ranking system used to express it should be as follows:

A:

excellent value,

B:

good value,

C:

significant value.

It should be noted that the Standard Data Form is for assessments of the conservation of a habitat or species on a particular site whereas the assessments for Article 17 concerns the status across all of a biogeographical region within a Member State. The term ‘conservation status’ is defined in Article 1(e) and (i) of the Habitats Directive as a term describing the overall status for a habitat type or species in a biogeographical region. This conservation status is now regularly assessed in the frame of the 6-yearly progress reports according to Article 17 of the Habitats Directive. The assessment of sites according to criteria in Annex III to the Habitats Directive includes an assessment of the ‘degree of conservation’ of a habitat type or species in a specific site.

Figure 2

Example of data on habitat types present on the site and site evaluation for them (3.1)

Annex I Habitat types

Site assessment

Code

PF

NP

Cover (ha)

Caves

Data quality

A|B|C|D

A|B|C

Representativity

Relative Surface

Conservation

Global

7130

x

 

2 212,70

 

G

B

B

B

B

8310

 

 

0

3

P

C

C

C

C

3150

 

 

921

 

G

A

C

B

C

1110

 

 

1 700

 

P

C

A

A

B

Figure 3

Example of data on species as referred to in Article 4 of the Birds Directive or listed in Annex II to the Habitats Directive and site evaluation for them (3.2)

Species

Population on the site

Site assessment

Group

Code

Name

S

NP

Type

Size

Unit

Cat.

Data quality

A|B|C|D

A|B|C

Min

Max

 

C|R|V|P

G|M|P|DD

Pop.

Cons

Isol.

Glob

B

A038

Cygnus cygnus

 

 

w

800

1 000

I

 

M

B

B

C

B

B

A038

Cygnus cygnus

 

 

c

1 500

1 500

I

 

P

A

B

A

B

P

1903

Liparis loeselii

 

 

p

20

30

I

 

G

C

A

C

A

I

1014

Vertigo angustior

 

 

p

 

 

 

R

DD

C

B

B

B

3.2.   Species referred to in Article 4 of Directive 2009/147/EC and species listed in Annex II to Directive 92/43/EEC and site evaluation for them

(i)   Code, name and population data on species

For sites as appropriate enter the Group, Code and Scientific Name of all bird species relevant for Article 4(1) and (2) of Directive 2009/147/EC, and of all fauna and flora species listed on Annex II to Directive 92/43/EEC that occur at the site with an indication of their population within the site (see below).

Group: A = Amphibians, B = Birds, F = Fish, I = Invertebrates, M = Mammals, P = Plants, R = Reptiles.

Code: The four character sequential code for each species can be found in the reference portal.

Sensitivity (S): Indicate in this field whether the public availability of the information given for a certain species could be detrimental to its conservation, for example because it is subject to illegal collecting and the public availability of the information held by the SDF would genuinely increase that threat. If this is the case enter ‘yes’ in this field. If a species is marked as sensitive, the presence of the species on the site will not be disclosed to the public by the Commission on its own motion (for instance, by means of posting this information on a publicly available database or Internet-based site). If the information on the presence of this species in a certain area is already available to the public, e.g. online information, a marking of the species as sensitive cannot be considered justified.

Non-presence (NP) (optional): In cases where a species for which the site was originally designated for (e.g. which was formerly present in the site) is no longer present in the site, it is strongly recommended to indicate this by entering ‘x’ in the column NP (alternative to the deletion of the information for this species from the SDF). Species which have not been present on the site since the Directive came into force as well as ‘historic occurrences’ should not be noted.

Please note: Species are considered as no longer present in the site e.g. if they have not been observed in the site for a long time. The time period will vary between species, absence for a few years for an easy-to-observe species probably indicates disappearance whereas for difficult to observe species such as bryophytes or some insects, absence of observations for many years does not necessarily indicate absence if the habitat has not changed.

Type: Use the following categories:

Permanent (p)

:

to be found throughout the year on the site (non-migratory species or plant, resident population of migratory species).

Reproducing (r)

:

uses the site to raise young (e.g. breeding, nesting).

Concentration (c)

:

site used for staging or roosting or migration stop/over or for moulting outside the breeding grounds and excluding wintering.

Wintering (w)

:

uses the site during the winter.

Where a non-resident population is present on a site in more than one season entries should be made separate for these ‘population types’ (see example in Figure 3) e.g. as a number of fauna species, in particular many bird species, are migratory the site may be important for different aspects of the life cycle of species.

In case that it is not possible to enter data for different seasons, enter data for the most important (either wintering or concentration).

Size: As regards abundance, enter known population data if available. If the population size is known fill in both fields (min and max) with the same value. Where it is more appropriate to give a population interval, fill in the estimated values for the lower boundary (min) and the upper boundary (max) of this interval. Where a population interval is not known but information exists on either minimum or maximum population size, estimate the missing value for the interval. Please note that the min and max values should be an average over several years rather than extreme values.

Where even a rough estimation of the population size cannot be made, enter the population type (e.g. permanent) and enter in the ‘data quality’ field the value DD (data deficient). In this case the values for population size can be left empty and the field for abundance categories can be used instead (common (C), rare (R), very rare (V), or present (P)). The character of the population in the site can be further described in the text field ‘Quality and Importance’ (4.2) outlining the nature of the population (e.g. dense, dispersed or isolated). The abundance categories may be used in addition to the population size.

Please note: In cases where it should be indicated that a species is considered as a candidate for introduction on the site, enter ‘-1’ in the field ‘size’.

Unit: Indicate the unit of the population value in the corresponding field. Recommended units are individuals (= i) or pairs (= p) wherever possible, otherwise please use the most precise units available following the standardised list of population units and codes as developed under Articles 12 and 17 reporting (see reference portal).

Abundance category (Cat.): see explanation above under ‘size’ — C = common, R = rare, V = very rare, P = present — this field should be filled in if the data are deficient (DD) and no population size estimation can be given or in addition to quantitative estimations of population size.

Data quality: Indicate the data quality using following code: G = ‘Good’ (e.g. based on surveys); M = ‘Moderate’ e.g. based on partial data with some extrapolation; P = ‘Poor’ e.g. rough estimation; DD = ‘Data deficient’ (recommended to use this entry, if not even an estimation of the population size can be made).

(ii)   Site assessment criteria for a given species referred to in Article 4 of Directive 2009/147/EC and species listed in Annex II to Directive 92/43/EEC (in accordance with Section B of Annex III)

—   POPULATION: = B(a) of Annex III: Size and density of the population of the species present on the site in relation to the populations present within national territory.

This criterion exists to evaluate the relative size and density of the population in the site with that of the national population.

This last aspect is in general quite difficult to evaluate. The optimal measure would be a percentage, resulting from the ratio of the population in the site/population in the national territory. As proposed for criterion A(b) an estimate or a class interval should be used according to the following progressive model:

A

:

100 % ≥ p > 15 %,

B

:

15 % ≥ p > 2 %,

C

:

2 % ≥ p > 0 %.

Furthermore, all cases where a population of the species concerned is present on the site in question in a non-significant manner must be indicated in a fourth category.

D:

non-significant population.

Where a species is rarely observed on a site, for example only a vagrant, this is not considered to be a significant population and should be recorded as ‘D’.

In cases where the site representativity for the population concerned is classed as ‘D: non-significant’, no other indication is required for the other evaluation criteria concerning this habitat type on the site in question. In these cases the criteria ‘Conservation’, ‘Isolation’ and ‘Global evaluation’ should not be marked.

—   DEGREE OF CONSERVATION: = B(b) of Annex III: Degree of conservation of the features of the habitat which are important for the species concerned and possibilities for restoration.

This criterion comprises two sub-criteria:

(i)

degree of conservation of the features of the habitat important for the species;

(ii)

restoration possibilities.

(i)   Degree of conservation of the features of the habitat important for the species

Criterion (i) requires a global evaluation of the features of the habitat regarding the biological requirements of a given species. The features relating to population dynamics are among the most appropriate for both animal and plant species. The structure of the habitat and some abiotic features should be assessed.

The ‘best expert judgment’ should be used to rank this criterion:

I

:

elements in excellent condition,

II

:

elements well conserved,

III

:

elements in average or partially degraded condition.

In cases where the sub-class ‘I: elements in excellent condition’ or ‘II: elements well conserved’ is given the criterion B(b) should in its totality be classed ‘A: excellent conservation’ or ‘B: good conservation’ respectively independently of the grading of the other sub-criteria.

(ii)   Restoration possibilities

For this sub-criterion, which only needs to be taken into account when the elements are in an average or partially degraded condition, an approach analogous to that of criterion A(c)(iii), should be used, adding an evaluation of the viability of the population under consideration. This should result in the system of grading as follows:

I

:

restoration easy,

II

:

restoration possible with average effort,

III

:

restoration difficult or impossible.

Synthesis applying to classification of the two sub-criteria

A: conservation excellent

=

elements in an excellent condition, independent of the grading of the possibility of restoration.

B: good conservation

=

elements well conserved independent of the grading of the possibility of restoration,

=

elements in average or partially degraded condition and easy to restore.

C: average or reduced conservation

=

all other combinations.

—   ISOLATION: = B(c) of Annex III: Degree of isolation of the population present on the site in relation to the natural range of the species.

This criterion may be interpreted as an approximate measure of the contribution of a given population to the genetic diversity of the species on the one hand and of the fragility of this specific population on the other hand. Using a simplistic approach one may say that the more a population is isolated (in relation to its natural range), the greater is its contribution to the genetic diversity of the species. Consequently the term ‘isolation’ should be considered in a wider context, applying equally to strict endemics, to sub-species/varieties/races as well as sub-populations of a meta-population. In this context the following grading should be used:

A:

population (almost) isolated,

B:

population not-isolated, but on margins of area of distribution,

C:

population not-isolated within extended distribution range.

—   GLOBAL = B(d) of Annex III: Global assessment of the value of the site for conservation of the species concerned.

This criterion refers to the global assessment of the value of the site for the conservation of the species concerned. It may be used to sum up the previous criteria and also to assess other features of the site thought to be relevant for a given species. These features may vary from one species to another and might include human activities on the site or in nearby areas which are capable of influencing the conservation status of the species, land management, the statutory protection of the site, ecological relations between the different types of habitats and species, etc.

A ‘best expert judgment’ may be used for this global evaluation, using the following ranking system:

A:

excellent value,

B:

good value,

C:

significant value.

It should be noted that the Standard Data Form is for assessments of the conservation of a habitat or species on a particular site whereas the assessments for Article 17 concerns the status across all of a biogeographical region within a Member State. The term ‘conservation status’ is defined in Article 1(e) and 1(i) of the Habitats Directive as a term describing the overall status for a habitat type or species in a biogeographical region. This conservation status is now regularly assessed in the frame of the 6-yearly progress reports according to Article 17 of the Habitats Directive. The assessment of sites according to criteria in Annex III to the Habitats Directive includes an assessment of the ‘degree of conservation’ of a habitat type or species in a specific site.

3.3.   Other important species of flora and fauna (optional)

All other important species of flora and fauna may be subsequently entered, where they are relevant to the conservation and management of the site, according to the following procedure:

Group: Enter the code of the relevant species group (A = Amphibians, B = Birds, F = Fish, Fu = Fungi, I = Invertebrates, L = Lichens, M = Mammals, P = Plants, R = Reptiles),

Name and code: Provide the scientific name of the species; for Birds, Annex IV and V species the code as provided in the reference portal should be used in addition to the scientific name,

Sensitivity (S): Indicate in this field whether the public availability of the information given for a certain species could be detrimental to its conservation, for example because it is subject to illegal collecting and the public availability of the information held by the SDF would genuinely increase that threat. If this is the case enter ‘yes’ in this field. If a species is marked as sensitive, the presence of the species on the site will not be disclosed to the public by the Commission on its own motion (for instance, by means of posting this information on a publicly available database or Internet-based site). If the information on the presence of this species in a certain area is already available to the public, e.g. through publications or online information, a marking of the species as sensitive cannot be considered justified,

Non-presence (NP) (optional): In cases where a species formerly present in the site is no longer present this can be indicated by entering ‘x’ in the column NP (alternative to the deletion of the information for this species from the SDF).

Please Note: Species are considered as no longer present in the site e.g. if they have not been observed in the site for a long time. The time period will vary between species, absence for a few years for an easy-to-observe species probably indicates disappearance whereas for difficult to observe species such as bryophytes or some insects, absence of observations for many years does not necessarily indicate absence if the habitat has not changed,

Size: Provide information on population size. Where an exact number is not known give a population interval if possible, fill in the values for the lower boundary (min) and the upper boundary (max) of this interval. Where a population interval is not known but information exists on minimum or maximum population size, estimate the missing value for the interval. Indicate the unit of the population value in the according field. Units should be pairs (= p) or individuals (= i) wherever possible, otherwise please follow the standard list of population units and codes as developed under Article 17 reporting (see reference portal). If necessary units other than those used for Article 17 reporting can be entered,

Category: Where quantitative data do not exist indicate whether the species is common (C), rare (R), or very rare (V). In the absence of any population data indicate it as being present (P) (see Figure 4 for an example).

Please indicate the motivation for listing each species using the following categories:

IV Species of Annex IV (Habitats Directive),

V Species of Annex V (Habitats Directive),

A. National Red List Data,

B. Endemics,

C. International Conventions (including Berne, Bonn and Biodiversity),

D. Other reasons.

Multiple entries of categories are possible. Further details on the motivations for listing individual species, especially regarding D, can be given in Section 4.2 which is the free text field for describing the quality and importance of the site.

The codes of Species names of Birds, Annex IV and V species should be used (see reference portal). There is not any site assessment for the species.

Figure 4

Example of data on other species (3.3)

Species

Population in the site

Motivation

Group

Code

Name

S

NP

Size

Unit

Cat.

Species Annex

Other Categories

Min

Max

 

C|R|V|P

IV

V

A

B

C

D

P

 

Acer heldreichii

 

 

51

100

I

 

 

 

 

x

 

 

P

 

Accipter nisus

 

 

2

4

I

 

 

 

 

 

 

x

M

 

Eptesicus serotinus

 

 

150

200

I

 

x

 

x

 

 

 

I

 

Ectemnius massiliensis

 

 

 

 

 

R

 

 

 

 

 

x

R

 

Elaphe longissima

 

 

 

 

 

C

x

 

 

 

x

 

P

 

Campanula morettiana

 

 

 

 

 

C

x

 

x

 

 

 

4.   SITE DESCRIPTION

4.1.   General site character

This field should provide an overall ‘picture’ of the site. Summarise the broad characteristics of the site starting with an indication of the site’s division into broad habitat classes using best expert judgment to estimate their percentage cover (these habitat classes are listed together with their codings in the reference portal). The total cover of habitat classes should be 100 % and correspond to the total surface area of the site. It is expected that information under this section will not always be in line with information given under Section 3.1 (Annex I habitat types) due to the use of different data sources.

‘Other site characteristics’: The main geological, geomorphological and landscape features of importance should be described in the free text field of 4.1. Where relevant indicate the dominant vegetation types. Also mention other non-Annex I habitats or non-Annex target species important for the conservation of the site. Where further detailed breakdown of the information on habitat classes is important for the conservation of the site (e.g. whether dehesas or vineyards) this should be given in this free text section. Information on small linear and mosaic-type wooded areas (e.g. hedges, boscage, tree lines) should also be provided under this general text.

4.2.   Quality and importance

Enter the overall indication of the quality and importance of the site, in view of the conservation objectives of the directives.

For internationally important wetlands that regularly hold more than 20 000 waterfowl this fact should be entered here.

Where a species is listed in Section 3.3 with motivation D, outline the basis for its inclusion.

4.3.   Threats, pressures and activities with impact on the site

Impacts relate to all human activities and natural processes that may have an influence, either positive or negative, on the conservation and management of the site. It is recognised that an impact can be negative for one habitat or species in the site while it is positive for another. Nevertheless it is the purpose of this field to collect information on the most important threats, pressures and activities for the site in general rather than to report on everything. Please also take into account threats, pressures and activities in the surroundings of the site, if they affect the integrity of the site. Whether this is the case will depend among other factors such as on local topography, the size and nature of the site and on the type of human activities. The information should reflect the most recent situation. It is understood that threats, pressures and activities with negative impacts may be counteracted by the management measures. Therefore information on these should be read and understood in conjunction with e.g. management plans for the site.

You will find the valid Reference list of Threats, Pressures and Activities in the reference portal. Considering the most relevant threats, pressures and activities with impact on the site as such, enter the appropriate code of level 3 categories; in case that the level 3 categories are not applicable, level 2 can be used. The code list is the same as used for the reporting of impacts and activities under Article 17 of the Habitats Directive.

The relative importance of a threat, pressure or activity must be ranked in three categories:

H:

High importance/impact:

Great direct or immediate influence and/or acting over large areas.

M:

Medium importance/impact:

Medium direct or immediate influence, mainly indirect influence and/or acting over moderate part of the area/regionally only.

L:

Low importance/impact:

Low direct or immediate influence, indirect influence and/or acting over small part of the area/locally only.

The data entries for the highest rank are limited to a maximum of five negative and five positive impacts. The minimum obligatory number of data entries for each table is one impact. If there are no impacts and to be reported, enter ‘x’. Within a category (H or M or L), there is no ranking. Data entries for impacts and activities with medium or low importance can be listed up to a limit of 20 entries. However, it is recommended to focus on the most relevant impacts and activities for the site.

Pollution qualifier (optional)

As pollution can have quite different effects according to the substances involved and have quite different sources, for example the question of nitrogen or phosphate input in aquatic ecosystems or atmospheric nitrogen input in terrestrial oligotrophic habitats, an additional qualifier for the specific kind of pollutants can be applied.

The following qualifiers can be used:

N

:

Nitrogen input

P

:

Phosphor/Phosphate input

A

:

Acid input/acidification

T

:

toxic inorganic chemicals

O

:

toxic organic chemicals

X

:

Mixed pollutions

Inside/outside qualifier

Indicate whether the threat, pressure or activity occurs/acts inside or outside the site or both as well.

4.4.   Ownership (optional)

Enter a general description of the site ownership by using the given ownership classes. Include an estimate of the proportion of the site area in each ownership class. Use the ownership classes which are analogous to those used within the World Database on Protected Areas.

Public:

National/Federal: Land belongs to all citizens, held by the national/federal government,

State/Province: Land belongs to all citizens, held by the state/provincial Public government,

Local/Municipal: Land belongs to all citizens, held by the local/municipal government.

Joint or Co-Ownership: Joint/Co-Ownership by two or more entities (e.g. public and private).

Private: Land not under public ownership e.g. NGO, individuals, corporations.

4.5.   Documentation (optional)

If available, for each site reference is made to relevant publications and/or scientific data concerning the site. Information entering should be made according to standard convention for scientific references. Unpublished papers or communications, referring to the information given in the recording form, should be included wherever useful. For links to online resources take into account that in general URLs often change and therefore avoid entering unstable URLs. The field can also be used for other information important for the documentation of the site.

5.   SITE PROTECTION STATUS (OPTIONAL)

5.1.   Protection status at national and regional level

For each Member State, a sequential list of the relevant nature conservation designation types, which have statutory protection and their definition on the national/regional level is maintained by the European Environmental Agency and can be found in the reference portal. Three lists of protection types cover the following three categories:

A.

Designation types used with the intention to protect fauna, flora, habitats and landscapes (the latter as far as relevant for fauna, flora and for habitat protection);

B.

Statutes under sectorial, particularly forestry, legislative and administrative acts providing an adequate protection relevant for fauna, flora and habitat conservation;

C.

Private statutes providing durable protection for fauna, flora or habitats.

Protection types are ranked by strictness of protection starting the strictest statutes.

Where there is no protection status for the site it is important to indicate this by using the national code corresponding to ‘No protection status’.

For each site the codes of the appropriate designation types are to be entered, together with the % cover within the site for each designation type. The information stored in this field is on the level of the different designation types. If for example several nature reserves of the same type are included in the recorded site, the percentage of the total area covered by these reserves is to be entered.

The relation of individual designated areas with the site is recorded separately (see 5.2).

5.2.   Relation of the described site with other sites (neighbouring sites and sites belonging to different designation types)

This part of the recording form allows neighbouring sites or sites belonging to different designation types which overlap or neighbour each other to be indicated. The interrelationship between the different types is also established by cross-referencing them. All possible relationships are coded using one of the following:

sites are coincident (use code =),

the described site includes another site completely (use code +),

the other site includes the described site completely (use code –),

the two sites partially overlap (use code *).

In addition to entering these codes, the percentage of the described site that is overlapping with the other site should be entered.

Neighbouring sites are indicated with a ‘/’.

In addition, the form provides for possible designation types on the international level: Ramsar site, Biogenetic reserve, European Diploma area, Barcelona Convention site, Biosphere reserves, World Heritage site, OSPAR site, HELCOM site, Bucharest Convention site, Protected Marine Area or other.

Please enter national designations with the name of the site together with the type of relation (see above) and % overlap with reference to the described site.

5.3.   Site designation

Enter as free text any aspect of the site designation that is not adequately covered by the codes used in the site designation code fields of Section 5.1 or 5.2.

6.   SITE MANAGEMENT

6.1.   Body responsible for the site management

Provide information on the body(ies) responsible for the management of the site.

Enter the full reference including name, address, phone/fax, e-mail of the authority and/or individual responsible for the management of the site.

It is possible to enter a full reference for more than one body.

6.2.   Management plan

Indicate whether or not a specific and actual management plan exists for the site or whether one is in preparation. While it is acknowledged that management plans are not a requirement under the Directive, this information is of special interest in order to understand the instruments Member States use to manage their network and also to find more specific information if need be.

If there is an actual management plan, please give its name and give a link to relevant online resources (e.g. link to the webpage of a national information system). Take into account that in general URLs frequently change and therefore avoid entering unstable URLs.

6.3.   Conservation measures (optional)

Information on conservation measures taken or necessary for the site can be provided in the free text field.

7.   MAP OF THE SITE

A precondition for this revised version of the Standard Data Form is the availability of georeferenced, digital boundaries of the sites. Relevant information for e.g. statistical purposes will be taken from the combination with other digital spatial data (GIS data). Therefore the submission of georeferenced, digital boundaries of the sites are crucial.

The boundaries of the sites should be taken from published topographic maps or datasets in a scale of 50 000 or finer. The spatial cartographical accuracy may not be less than 1,0 mm at 1:50 000 which is equivalent to 50 m on the ground when compared to the original. The GIS data must include metadata according to the INSPIRE Metadata Regulation in its latest approved version.

The INSPIRE ID: This ID is an external unique object identifier of a protected site, which is published by the responsible body. This identifier is used by external applications to reference the spatial object. The INSPIRE ID is obligatory as soon as the relevant INSPIRE implementing regulation comes into force.

PDF: A Member State can provide in addition to the electronic boundaries an electronic map that follows ISO 19005-1: Document Management — Electronic document file format for long-term preservation. The Identifier of the sites (site code) and the creation date of the map must be included within the pdf in a way, that the document can be retrieved electronically by site code and creation date (optional).

Reference(s)(optional): enter here the national references to the original map used for the digitisation of the electronic boundaries. The reference can e.g. be the official identification number(s) and name(s) of the topographic map(s).


(1)  With the exception of minor corrections in the webpage like misspellings and adaptations to latest technical standards.

(2)  Exception: UK is used instead of GB in order to keep the existing coding for site identifiers.

(3)  The majority of GIS software provides a function to calculate the centre coordinate within the largest feature of the site automatically.

(4)   OJ L 154, 21.6.2003, p. 1.

Appendix

Table of contents of the Natura 2000 reference portal

1.

Title: ISO 3166 country codeMaintained by: International Organization for Standardization (ISO)SDF field: 1.2

2.

Title: List of SCIs per biogeographic regionMaintained by: DG Environment & European Environment Agency (EEA) (*1) SDF field: 1.7

3.

Title: Overview on the definition of marine boundaries used by Member StatesMaintained by: DG Environment & European Environment Agency (EEA) (*1) SDF fields: 2.3

4.

Title: NUTS regions, level 2Maintained by: EurostatSDF field: 2.5

5.

Title: Biogeographical regions in EuropeMaintained by: DG Environment & European Environment Agency (EEA) (*1) SDF field: 2.6

6.

Title: Codelist of Annex I habitats under Directive 92/43/EECMaintained by: DG Environment & European Environment Agency (EEA) (*1) SDF field: 3.1

7.

Title: Codes of relevant species groups, data quality, abundance categories, motivation categoryMaintained by: DG Environment & European Environment Agency (EEA) (*1) SDF fields: 3.2, 3.3

8.

Title: Codelist for bird species under Directive 2009/147/ECMaintained by: DG Environment & European Environment Agency (EEA) (*1) SDF field: 3.2, 3.3

9.

Title: Codelist for species under Directive 92/43/EEC (Annex II, IV, V)Maintained by: DG Environment & European Environment Agency (EEA) (*1) SDF fields: 3.2, 3.3

10.

Title: List of population units and codes (in accordance with Article 17)Maintained by: DG Environment & European Environment Agency (EEA) (*1) SDF fields: 3.2, 3.3

11.

Title: Habitat Classes for General site characterMaintained by: DG Environment & European Environment Agency (EEA) (*1) SDF field: 4.1

12.

Title: Reference list on Threats, Pressures and Activities (in accordance with Article 17)Maintained by: DG Environment & European Environment Agency (EEA) (*1) SDF field: 4.3

13.

Title: List of the relevant nature conservation designation types which have statutory protectionMaintained by: European Environment Agency (EEA)SDF field: 5.1

14.

Title: INSPIRE IDMaintained by: Member States according to the INSPIRE implementing regulationSDF field: 7

15.

Title: Technical and administrative guidelines for submitting Natura 2000 data to the CommissionMaintained by: DG Environment & European Environment Agency (EEA) (*1)

(*1)  Reference managed by DG Environment and the Habitats Committee.


30.7.2011   

EN

Official Journal of the European Union

L 198/71


COMMISSION IMPLEMENTING DECISION

of 29 July 2011

amending Decision 2005/50/EC on the harmonisation of the 24 GHz range radio spectrum band for the time-limited use by automotive short-range radar equipment in the Community

(notified under document C(2011) 5444)

(Text with EEA relevance)

(2011/485/EU)

THE EUROPEAN COMMISSION,

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

Having regard to Decision No 676/2002/EC of the European Parliament and of the Council of 7 March 2002 on a regulatory framework for radio spectrum policy in the European Community (Radio Spectrum Decision) (1), and in particular Article 4(3) thereof,

Whereas:

(1)

On 7 November 2008, the Commission issued a mandate to the European Conference of Postal and Telecommunications Administrations (CEPT) to undertake technical studies on automotive short-range radar systems in support of the fundamental review pursuant to Article 5(2) of Commission Decision 2005/50/EC (2) and to undertake radio compatibility studies with regard to possible alternative approaches to the use of the 24 GHz range.

(2)

CEPT reports 36 and 37 delivered pursuant to this mandate and the fundamental review carried out pursuant to Decision 2005/50/EC on evolution regarding the 24 GHz and 79 GHz bands indicate that the reference date of 30 June 2013 provided in Article 2(5) of that Decision is still valid, and that considering the current absence of harmful impact on other users of the 24 GHz band, there is no need to move it forward.

(3)

Development of automotive short-range radar technology in the 79 GHz range is progressing. However, there are strong indications that integration of the applications of that technology in car manufacturing will not be achieved by the deadline set for short-range technology in the 24 GHz range and that, considering the time still necessary for the development, integration and testing phases, it is likely that integration of 79 GHz radars in cars to allow for a mass market distribution will be feasible by 2018 or a few years before at the earliest.

(4)

Moreover, an additional period will be necessary in order to ensure the transition from the 24 GHz technology to the 79 GHz technology on car lines using 24 GHz technology which will exist when the new car lines equipped with the 79 GHz technology appear.

(5)

It is essential to ensure continuity of the existing and future production of cars equipped with 24 GHz radars, considering their importance for traffic safety and the need to encourage the development of such applications in as many of the existing vehicles as possible; therefore a discontinuity of usable spectrum for radars must be avoided and a temporary solution is needed in order to ensure the transition between 1 July 2013 and 1 January 2018. To allow for an additional transition period, the date of 1 January 2018 should be extended by 4 years for automotive short-range radar equipment mounted on motor vehicles for which a type-approval application has been granted before 1 January 2018.

(6)

Considering the international protection granted to radio astronomy, earth exploration satellite and space research passive services in the 23,60 GHz to 24 GHz band, and the exceptional character of the designation of that band for short-range radars by Decision 2005/50/EC, a prolongation of such designation is not a viable option. Moreover, the band 24 GHz to 24,25 GHz has been designated for industrial, scientific and medical purposes (ISM band).

(7)

CEPT compatibility studies, including some military systems, indicate that the 24,25 GHz to 27,50 GHz band may be a technically feasible alternative solution. The band above 26,50 GHz has been identified by NATO as a planned military band for fixed and mobile systems.

(8)

The threshold of a 7 % penetration rate imposed by Decision 2005/50/EC should be maintained, as there is no indication that such a limit would be exceeded before the switch-over to the 79 GHz band and to underline that the 24 GHz band remains a transitional solution.

(9)

The Commission, assisted by the Member States, should continue to monitor the application of this Decision, in particular regarding the threshold limit, and the absence of harmful interference to other users of the band or to neighbouring bands, whether or not the threshold of 7 % is exceeded.

(10)

Decision 2005/50/EC should therefore be amended accordingly.

(11)

The measures provided for in this Decision are in accordance with the opinion of the Radio Spectrum Committee,

HAS ADOPTED THIS DECISION:

Article 1

Decision 2005/50/EC is amended as follows:

1.

in Article 2, point 5 is replaced by the following:

‘5.

“reference dates” means 30 June 2013 for the frequency between 21,65 and 24,25 GHz and 1 January 2018 for the frequency between 24,25 and 26,65 GHz;’;

2.

Article 3 is amended as follows:

(a)

in the second paragraph, the words ‘reference date’ are replaced by ‘reference dates’;

(b)

in the third paragraph, the words ‘that date’ are replaced in two places by ‘those dates’;

(c)

the following paragraph is added after the third paragraph:

‘However, the date of 1 January 2018 shall be extended by 4 years for automotive short-range radar equipment mounted on motor vehicles for which a type-approval application has been submitted pursuant to Article 6(6) of Directive 2007/46/EC of the European Parliament and of the Council (*1) and has been granted before 1 January 2018.

(*1)   OJ L 263, 9.10.2007, p. 1.’;"

3.

Article 5 is amended as follows:

(a)

in point (d) of paragraph 1, the words ‘the reference date’ are replaced by ‘the reference dates’;

(b)

paragraphs 2 and 3 are deleted;

(c)

paragraph 4 is replaced by the following:

‘4.   The Member States shall assist the Commission to carry out the scrutiny referred to in paragraph 1 by ensuring that the necessary information is collected and provided to the Commission in a timely manner, in particular the information set out in the Annex.’.

Article 2

This Decision is addressed to the Member States.

Done at Brussels, 29 July 2011.

For the Commission

Neelie KROES

Vice-President


(1)   OJ L 108, 24.4.2002, p. 1.

(2)   OJ L 21, 25.1.2005, p. 15.