ISSN 1977-0677 doi:10.3000/19770677.L_2012.113.eng |
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Official Journal of the European Union |
L 113 |
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English edition |
Legislation |
Volume 55 |
Contents |
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II Non-legislative acts |
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REGULATIONS |
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DECISIONS |
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2012/211/EU |
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2012/213/EU |
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EN |
Acts whose titles are printed in light type are those relating to day-to-day management of agricultural matters, and are generally valid for a limited period. The titles of all other Acts are printed in bold type and preceded by an asterisk. |
II Non-legislative acts
REGULATIONS
25.4.2012 |
EN |
Official Journal of the European Union |
L 113/1 |
COUNCIL REGULATION (EU) No 354/2012
of 23 April 2012
amending Regulation (EC) No 765/2006 concerning restrictive measures in respect of Belarus
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty on the Functioning of the European Union, and in particular Article 215 thereof,
Having regard to Council Decision 2012/212/CFSP of 23 April 2012 amending Decision 2010/639/CFSP concerning restrictive measures against Belarus (1),
Having regard to the joint proposal of the High Representative of the Union for Foreign Affairs and Security Policy and the European Commission,
Whereas:
(1) |
Regulation (EC) No 765/2006 (2) provides for a freezing of the assets of President Lukashenko and certain officials of Belarus as well as persons responsible for serious violations of human rights or the repression of civil society and democratic opposition, and persons and entities benefiting from or supporting the Lukashenko regime. |
(2) |
By Decision 2012/212/CFSP, the Council has decided that a derogation from the asset freeze should be provided, in order to ensure that funds or economic resources can be made available for the official purposes of diplomatic missions or consular posts or international organisations enjoying immunities in accordance with international law. |
(3) |
This measure falls within the scope of the Treaty and regulatory action at the level of the Union is therefore necessary in order to give effect to it, in particular with a view to ensuring its uniform application by economic operators in all Member States. |
(4) |
Regulation (EC) No 765/2006 should therefore be amended accordingly, |
HAS ADOPTED THIS REGULATION:
Article 1
In Regulation (EC) No 765/2006, the following Article is inserted:
"Article 4b
By way of derogation from Article 2, the competent authorities in the Member States, as indicated in the websites listed in Annex II, may authorise, under such conditions as they deem appropriate, the release of certain frozen funds or economic resources or the making available of certain funds or economic resources, after having determined that the funds or economic resources are necessary for official purposes of diplomatic missions or consular posts or international organisations enjoying immunities in accordance with international law.".
Article 2
This Regulation shall enter into force on the 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 Luxembourg, 23 April 2012.
For the Council
The President
C. ASHTON
(1) See page 11 of this Official Journal.
25.4.2012 |
EN |
Official Journal of the European Union |
L 113/2 |
COMMISSION IMPLEMENTING REGULATION (EU) No 355/2012
of 24 April 2012
amending Regulation (EC) No 690/2008 recognising protected zones exposed to particular plant health risks in the Community
THE EUROPEAN COMMISSION,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to Council Directive 2000/29/EC of 8 May 2000 on protective measures against the introduction into the Community of organisms harmful to plants or plant products and against their spread within the Community (1), and in particular Article 2(1)(h) thereof,
Whereas:
(1) |
By Commission Regulation (EC) No 690/2008 (2) certain Member States or certain areas in Member States were recognised as protected zones in respect of certain harmful organisms. In some cases recognition was granted for a limited period of time to allow the Member State concerned to provide the full information necessary to show that the harmful organisms in question did not occur in the Member State or area concerned or to complete the efforts to eradicate the organism in question. |
(2) |
The entire territory of Spain, with the exception of the autonomous community of Castilla y León, was recognised as a protected zone with respect to Erwinia amylovora (Burr.) Winsl. et al. Spain has submitted information indicating that the autonomous community of Extremadura should no longer be recognised as a protected zone for this organism. Therefore, the autonomous community of Extremadura should be withdrawn as a protected zone in respect of that harmful organism. |
(3) |
Ireland and Lithuania, and certain regions and parts of regions of Italy, Slovakia and Slovenia were recognised as protected zones with respect to Erwinia amylovora (Burr.) Winsl. et al. until 31 March 2012. |
(4) |
From the information received from Ireland, Lithuania, Italy and Slovenia on the results of surveys conducted in 2010 and 2011, it appears that those protected zones should be recognised for two more years to give those Member States the time necessary to submit information showing that Erwinia amylovora (Burr.) Winsl. et al. is not present or, where necessary, to complete their efforts to eradicate that organism. |
(5) |
From the information received from Slovakia on the results of surveys conducted in 2010 and 2011, it appears that Erwinia amylovora (Burr.) Winsl. et al. is now established in the commune of Dvory nad Žitavou (Nové Zámky County), which is part of the protected zone. That commune should therefore no longer be recognised as a protected zone for that harmful organism. According to the results of those surveys, it is appropriate to continue, for two more years, to recognise the other parts of Slovakia previously recognised as a protected zone with respect to that harmful organism, in order to give Slovakia the time necessary to submit information showing that Erwinia amylovora (Burr.) Winsl. et al. is not present or, where necessary, to complete their efforts to eradicate that organism. |
(6) |
The entire territory of Portugal, with the exception of Madeira, was recognised as a protected zone with respect to Citrus tristeza virus (European strains). Portugal has submitted information showing that Citrus tristeza virus (European strains) has spread significantly in the region of Algarve where its eradication is no longer achievable, and requested the withdrawal of the status of protected zone for this part of its territory. Therefore, the region of Algarve should no longer be recognised as a protected zone in respect of that harmful organism. |
(7) |
Regulation (EC) No 690/2008 should therefore be amended accordingly. |
(8) |
The current recognition of some of these protected zones expires on 31 March 2012. Therefore, this Regulation should apply from 1 April 2012 so as to allow an uninterrupted recognition of all protected zones. |
(9) |
The measures provided for in this Regulation are in accordance with the opinion of the Standing Committee on Plant Health, |
HAS ADOPTED THIS REGULATION:
Article 1
Annex I to Regulation (EC) No 690/2008 is amended as follows:
(1) |
point 2 of heading (b) is amended as follows:
|
(2) |
in the second column of point 3 of heading (d), the words ‘Portugal (except Madeira)’ are replaced by ‘Portugal (except Algarve and Madeira)’. |
Article 2
This Regulation shall enter into force on the day following that of its publication in the Official Journal of the European Union.
It shall apply from 1 April 2012.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 24 April 2012.
For the Commission
The President
José Manuel BARROSO
25.4.2012 |
EN |
Official Journal of the European Union |
L 113/4 |
COMMISSION IMPLEMENTING REGULATION (EU) No 356/2012
of 24 April 2012
amending Implementing Regulation (EU) No 1239/2011 as regards the periods during which tenders may be submitted in response to the second and subsequent partial invitations to tender for the 2011/2012 marketing year for imports of sugar at a reduced customs duty
THE EUROPEAN COMMISSION,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to Council Regulation (EC) No 1234/2007 of 22 October 2007 establishing a common organisation of agricultural markets and on specific provisions for certain agricultural products (Single CMO Regulation) (1), and in particular Article 187, in conjunction with Article 4 thereof,
Whereas:
(1) |
Commission Implementing Regulation (EU) No 1239/2011 (2) opened a standing invitation to tender for the 2011/2012 marketing year for imports of sugar of CN code 1701 at a reduced customs duty. |
(2) |
As the availability of supply on the Union sugar market has improved, Commission Implementing Regulation (EU) No 57/2012 (3) suspended the submission of tenders for the partial invitation to tender ending on 25 January 2012, 1 February 2012 and 15 February 2012. |
(3) |
Constant monitoring of the market revealed that availability of sugar supply in the Union has improved only moderately. Despite the increasing imports in January 2012 the pace of imports from African, Caribbean and Pacific States and Least Developed Countries decreased considerably since mid-February 2012. This analysis was confirmed by a large majority of Member States in the Management Committee of 8 March 2012 who considered that there were still supply problems that would get worse in the course of the marketing year. This could concern especially small and medium Enterprises and customers with fixed quantities in long term contracts. |
(4) |
It is therefore appropriate to advance the periods of submission of tenders and their ending dates which Implementing Regulation (EU) No 1239/2011 scheduled for 6 June 2012, 27 June 2012 and 11 July 2012. |
(5) |
Regulation (EU) No 1239/2011 should therefore be amended accordingly. |
(6) |
In order to give a rapid signal to the market and to ensure efficient management of the measure, this Regulation should enter into force on the day of its publication in the Official Journal of the European Union. |
(7) |
The measures provided for in this Regulation are in accordance with the opinion of the Management Committee for the Common Organisation of Agricultural Markets, |
HAS ADOPTED THIS REGULATION:
Article 1
In Article 2 of Implementing Regulation (EU) No 1239/2011, paragraph 2 is replaced by the following:
"2. The periods during which tenders may be submitted in response to the second and subsequent partial invitations shall begin on the first working day following the end of the preceding period. They shall end at 12 noon, Brussels time, on 2 May 2012, 23 May 2012 and 6 June 2012."
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, 24 April 2012.
For the Commission
The President
José Manuel BARROSO
(1) OJ L 299, 16.11.2007, p. 1.
25.4.2012 |
EN |
Official Journal of the European Union |
L 113/5 |
COMMISSION IMPLEMENTING REGULATION (EU) No 357/2012
of 24 April 2012
amending Implementing Regulation (EU) No 29/2012 on marketing standards for olive oil
THE EUROPEAN COMMISSION,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to Council Regulation (EC) No 1234/2007 of 22 October 2007 establishing a common organisation of agricultural markets and on specific provisions for certain agricultural products (Single CMO Regulation) (1), and in particular Article 113(1)(a) and Article 121, first paragraph, point (a), in conjunction with Article 4 thereof,
Whereas:
(1) |
In Commission Implementing Regulation (EU) No 29/2012 of 13 January 2012 on marketing standards for olive oil (2), which is the codification of Commission Regulation (EC) No 1019/2002 (3), the references to the Community made in Article 4 of Regulation (EC) No 1019/2002 in respect of designations of origin have been replaced by references to the Union. Article 12(2) of Implementing Regulation (EU) No 29/2012 provides for a transitional period to allow products which have been legally manufactured and labelled in the Union or legally imported into the Union and put into free circulation before 1 July 2012 to be marketed until all stocks are used up. Firstly, this transitional period is considered too short and, secondly, the use of the term ‘legally’ in that provision leads to confusion regarding the transition between Regulation (EC) No 1019/2002 and Implementing Regulation (EU) No 29/2012. |
(2) |
In order to allow labels using the term ‘Community’ to be used for a longer period, it should therefore be provided that products which have been manufactured and labelled in the Union or imported into the Union and put into free circulation in accordance with Regulation (EC) No 1019/2002 before 1 January 2013 may be marketed until all stocks are used up. |
(3) |
Implementing Regulation (EU) No 29/2012 should therefore be amended accordingly. |
(4) |
The measures provided for in this Regulation are in accordance with the opinion of the Management Committee for the Common Organisation of Agricultural Markets, |
HAS ADOPTED THIS REGULATION:
Article 1
Article 12(2) of Implementing Regulation (EU) No 29/2012 shall be replaced by the following:
‘2. Products which have been manufactured and labelled in the Union or imported into the Union and put into free circulation in accordance with Regulation (EC) No 1019/2002 before 1 January 2013 may be marketed until all stocks are used up.’
Article 2
This Regulation shall enter into force on the seventh 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, 24 April 2012.
For the Commission
The President
José Manuel BARROSO
(1) OJ L 299, 16.11.2007, p. 1.
25.4.2012 |
EN |
Official Journal of the European Union |
L 113/6 |
COMMISSION IMPLEMENTING REGULATION (EU) No 358/2012
of 24 April 2012
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:
(1) |
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. |
(2) |
The standard import value is calculated each working day, in accordance with Article 136(1) of Implementing Regulation (EU) No 543/2011, taking into account variable daily data. Therefore this Regulation should enter into force on the day of its publication in the Official Journal of the European Union, |
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 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, 24 April 2012.
For the Commission, On behalf of the President,
José Manuel SILVA RODRÍGUEZ
Director-General for Agriculture and Rural Development
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 |
JO |
98,8 |
MA |
57,2 |
|
TN |
124,7 |
|
TR |
110,1 |
|
ZZ |
97,7 |
|
0707 00 05 |
JO |
216,8 |
TR |
135,8 |
|
ZZ |
176,3 |
|
0709 93 10 |
TR |
109,5 |
ZZ |
109,5 |
|
0805 10 20 |
EG |
51,8 |
IL |
73,4 |
|
MA |
52,3 |
|
TR |
50,5 |
|
ZZ |
57,0 |
|
0805 50 10 |
TR |
57,1 |
ZZ |
57,1 |
|
0808 10 80 |
AR |
94,2 |
BR |
79,9 |
|
CA |
117,0 |
|
CL |
93,0 |
|
CN |
102,0 |
|
MK |
31,8 |
|
NZ |
124,2 |
|
US |
156,8 |
|
ZA |
85,8 |
|
ZZ |
98,3 |
|
0808 30 90 |
AR |
101,9 |
CL |
129,5 |
|
CN |
65,6 |
|
US |
107,0 |
|
ZA |
126,0 |
|
ZZ |
106,0 |
(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’.
DECISIONS
25.4.2012 |
EN |
Official Journal of the European Union |
L 113/8 |
COUNCIL DECISION
of 13 March 2012
amending Decision 2011/734/EU addressed to Greece with a view to reinforcing and deepening fiscal surveillance and giving notice to Greece to take measures for the deficit reduction judged necessary to remedy the situation of excessive deficit
(2012/211/EU)
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty on the Functioning of the European Union, and in particular Article 126(9) and Article 136 thereof,
Having regard to the recommendation from the European Commission,
Whereas:
(1) |
Article 136(1)(a) of the Treaty on the Functioning of the European Union (TFEU) foresees the possibility of adopting measures specific to the Member States whose currency is the euro with a view to strengthening the coordination and surveillance of their budgetary discipline. |
(2) |
Article 126 TFEU establishes that Member States are to avoid excessive government deficits and sets out the excessive deficit procedure to that effect. The Stability and Growth Pact, which in its corrective arm implements the excessive deficit procedure, provides the framework supporting government policies for a prompt return to sound budgetary positions taking account of the economic situation. |
(3) |
On 27 April 2009, the Council decided, in accordance with Article 104(6) of the Treaty establishing the European Community (TEC), that an excessive deficit existed in Greece. |
(4) |
On 10 May 2010, the Council adopted Decision 2010/320/EU (1) addressed to Greece under Article 126(9) and Article 136 TFEU with a view to reinforcing and deepening the fiscal surveillance and giving notice to take measures for the deficit reduction judged necessary to remedy the situation of excessive deficit at the latest by 2014. The Council established 2014 as the deadline for correcting the situation of excessive deficit, and annual targets for the government deficit. |
(5) |
Decision 2010/320/EU was substantially amended several times. Since further amendments were to be made, it was recast, on 12 July 2011, by Decision 2011/734/EU (2) in the interests of clarity. |
(6) |
Economic activity in 2011-2014 is currently estimated and projected to be much weaker than had been expected when Decisions 2010/320/EU and 2011/734/EU were adopted. Economic activity is estimated to have contracted in 2011 by 6,9 %. Currently, the Commission forecasts the real Greek GDP to contract by 4,7 % in 2012, and to stagnate in 2013, before resuming growth of 2,5 % in 2014. In nominal terms, GDP contracted by 5,2 % in 2011, and is expected to contract by 5,4 % and 0,4 % in 2012 and 2013, respectively, before expanding by 2,5 % in 2014. |
(7) |
In February 2012, the Greek government announced measures aimed at reducing the primary deficit in 2012, including the adoption of a supplementary budget. Extensive discussions on these measures have taken place between the Hellenic authorities and the Commission services. These discussions have considered not only the fiscal consolidation measures, but also the need to enhance the growth-friendly nature of these measures and to minimise any social impact. |
(8) |
In March 2012, Greece launched and executed a debt exchange operation which substantially reduces the debt level and interest expenditure in 2012 and in the next years, and contributes to the sustainability of government debt. |
(9) |
In the light of the above considerations, it appears appropriate to amend Decision 2011/734/EU in a number of respects, including the fiscal adjustment path, while keeping unchanged the deadline for the correction of the excessive deficit, |
HAS ADOPTED THIS DECISION:
Article 1
Decision 2011/734/EU is hereby amended as follows:
(1) |
in Article 1, paragraphs 2 and 3 are replaced by the following: ‘2. The adjustment path towards the correction of the excessive deficit shall aim to achieve a general government primary deficit (deficit excluding interest expenditure) not exceeding EUR 2 037 million (1,0 % of GDP) in 2012, and primary surpluses of at least EUR 3 652 million (1,8 % of GDP) in 2013 and EUR 9 352 million (4,5 % of GDP) in 2014. Following the debt exchange, these targets for the primary deficit/surplus are consistent with an overall deficit of EUR 14 811 million (7,3 % of GDP) in 2012, EUR 9 462 million (4,7 % of GDP) in 2013 and EUR 4 499 million (2,2 % of GDP) in 2014. To this aim, an improvement in the structural balance of at least 10 % of GDP will have been achieved over the period 2009-2014. Proceeds from the privatisation of assets (financial and non-financial assets), as well as all transfers related to the Eurogroup decision of 21 February 2012 with regard to the income of euro zone national central banks, including the Bank of Greece, stemming from their investment portfolio holdings of Greek government bonds shall not reduce the required fiscal consolidation effort and shall not be counted in the assessment of these targets. 3. The adjustment path referred to in paragraph 2 is consistent with an annual change in the general government consolidated debt of EUR - 26 954 million in 2012, of EUR 6 775 million in 2013 and of EUR 1 492 million in 2014.’; |
(2) |
in Article 2, the following paragraph is inserted: ‘7a. Greece shall adopt the following measures without delay:
|
(3) |
in Article 2, paragraph 8 is amended as follows:
|
(4) |
in Article 2(9), point (a) is replaced by the following:
|
(5) |
in Article 2, the following paragraphs are added: ’10. Greece shall adopt the following measures by the end of September 2012:
11. Greece shall adopt the following measures by the end of December 2012:
|
Article 2
This Decision shall take effect on the day of its notification.
Article 3
This Decision is addressed to the Hellenic Republic.
Done at Brussels, 13 March 2012.
For the Council
The President
M. VESTAGER
25.4.2012 |
EN |
Official Journal of the European Union |
L 113/11 |
COUNCIL DECISION 2012/212/CFSP
of 23 April 2012
amending Decision 2010/639/CFSP concerning restrictive measures against Belarus
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty on European Union, and in particular Article 29 thereof,
Whereas:
(1) |
On 25 October 2010, the Council adopted Decision 2010/639/CFSP (1). |
(2) |
It is necessary to include a derogation to the asset freeze in Decision 2010/639/CFSP in order to ensure that funds or economic resources can be released or be made available for the official purposes of diplomatic missions or consular posts or international organisations enjoying immunities in accordance with international law. |
(3) |
Decision 2010/639/CFSP should be amended accordingly, |
HAS ADOPTED THIS DECISION:
Article 1
In Article 3(1) of Decision 2010/639/CFSP, the following point is added:
"(e) |
to be paid into or from an account of a diplomatic mission or consular post or an international organisation enjoying immunities in accordance with international law, in so far as such payments are intended to be used for official purposes of the diplomatic mission or consular post or international organisation.". |
Article 2
This Decision shall enter into force on the date of its adoption.
Done at Luxembourg, 23 April 2012.
For the Council
The President
C. ASHTON
25.4.2012 |
EN |
Official Journal of the European Union |
L 113/12 |
COMMISSION IMPLEMENTING DECISION
of 23 April 2012
on a temporary derogation from the rules of origin laid down in Annex II to Council Regulation (EC) No 1528/2007 to take account of the special situation of Swaziland with regard to peaches, pears and pineapples
(notified under document C(2012) 2511)
(2012/213/EU)
THE EUROPEAN COMMISSION,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to Council Regulation (EC) No 1528/2007 of 20 December 2007 applying the arrangements for products originating in certain states which are part of the African, Caribbean and Pacific (ACP) Group of States provided for in agreements establishing, or leading to the establishment of, Economic Partnership Agreements (1), and in particular Article 36(4) of Annex II thereto,
Whereas:
(1) |
On 27 October 2011 Swaziland requested, in accordance with Article 36 of Annex II to Regulation (EC) No 1528/2007, a derogation from the rules of origin set out in that Annex for the year 2012. On 11 January 2012 Swaziland submitted additional information relating to its request. The request covers a total quantity of 800 tonnes of peach and/or pear in fruit jelly of CN codes ex 2007 99 97 and mixtures of peach and/or pear and/or pineapple in fruit juice of CN code ex 2008 97 98. |
(2) |
According to the information received from Swaziland, it is unable to satisfy the rules on cumulation of origin laid down in Article 6 of Annex II to Regulation (EC) No 1528/2007. Because it has no production of peaches and pears, Swaziland sources non-originating diced peaches in juice not containing sugar of CN codes ex 2008 70 92 and 2008 70 98, and diced pears in juice not containing sugar of CN code ex 2008 40 90 in neighbouring South Africa for manufacture. However, in accordance with Article 6(7) of Annex II to Regulation (EC) No 1528/2007, the final products are excluded from cumulation with South Africa. A temporary derogation should therefore be granted. In order to allow Swaziland to make full use of the quantities granted, the temporary derogation should have retroactive effect from 1 January 2012. |
(3) |
A temporary derogation from the rules of origin laid down in Annex II to Regulation (EC) No 1528/2007 would not cause serious injury to an established Union industry, provided that certain conditions relating to quantities, surveillance and duration are respected. |
(4) |
It is therefore justified to grant a temporary derogation under Article 36(1)(b) of Annex II to Regulation (EC) No 1528/2007. |
(5) |
Accordingly a derogation should be granted to Swaziland in respect of 800 tonnes of peach and/or pear in fruit jelly of CN codes ex 2007 99 97 and mixtures of peach and/or pear and/or pineapple in fruit juice of CN code ex 2008 97 98 for one year. |
(6) |
Commission Regulation (EEC) No 2454/93 of 2 July 1993 laying down provisions for the implementation of Council Regulation (EEC) No 2913/92 establishing the Community Customs Code (2) lays down rules relating to the management of tariff quotas. In order to ensure efficient management carried out in close cooperation between the authorities of Swaziland, the customs authorities of the Member States and the Commission, those rules should apply to the quantities imported under the derogation granted by this Decision. |
(7) |
In order to allow efficient monitoring of the operation of the derogation, the authorities of Swaziland should communicate regularly to the Commission details of the EUR.1 movement certificates issued. |
(8) |
The measures provided for in this Decision are in accordance with the opinion of the Customs Code Committee, |
HAS ADOPTED THIS DECISION:
Article 1
By way of derogation from Annex II to Regulation (EC) No 1528/2007 and in accordance with Article 36(1)(b) of that Annex, peach and/or pear in fruit jelly of CN codes ex 2007 99 97 and mixtures of peach and/or pear and/or pineapple in fruit juice of CN code ex 2008 97 98 in the manufacture of which non-originating diced peaches in juice not containing sugar of CN codes ex 2008 70 92 and ex 2008 70 98, and diced pears in juice not containing sugar of CN code ex 2008 40 90 are used, shall be regarded as originating in Swaziland in accordance with the terms set out in Articles 2 to 5 of this Decision.
Article 2
The derogation provided for in Article 1 shall apply to the products and the quantities set out in the Annex which are declared for release for free circulation into the Union from Swaziland during the period from 1 January 2012 to 31 December 2012.
Article 3
The quantities set out in the Annex to this Decision shall be managed in accordance with Articles 308a, 308b and 308c of Regulation (EEC) No 2454/93.
Article 4
The customs authorities of Swaziland shall take the necessary measures to carry out quantitative checks on exports of the products referred to in Article 1.
All the EUR.1 movement certificates they issue in relation to the products referred to in Article 1 shall bear a reference to this Decision.
Before the end of the month following each quarter, the competent authorities of Swaziland shall forward to the Commission a quarterly statement of the quantities in respect of which EUR.1 movement certificates have been issued pursuant to this Decision and the serial numbers of those certificates.
Article 5
Box 7 of EUR.1 movement certificates issued under this Decision shall contain the following:
‘Derogation — Implementing Decision 2012/213/EU’.
Article 6
This Decision shall apply from 1 January 2012 until 31 December 2012.
Article 7
This Decision is addressed to the Member States.
Done at Brussels, 23 April 2012.
For the Commission
Algirdas ŠEMETA
Member of the Commission
ANNEX
Order No |
CN code |
Description of goods |
Period |
Quantities |
09.1628 |
ex 2007 99 97 |
Peach and/or pear in fruit jelly |
1.1.2012 to 31.12.2012 |
800 tonnes |
ex 2008 97 98 |
Mixture of peach and/or pear and/or pineapple in fruit juice |