12.6.2012   

EN

Official Journal of the European Union

L 151/1

(1)

Annex XXI to the Agreement on the European Economic Area (2) (‘the EEA Agreement’) contains specific provisions and arrangements concerning statistics.

(2)

Regulation (EU) No 692/2011 of the European Parliament and of the Council of 6 July 2011 concerning European statistics on tourism (3) should be incorporated into the EEA Agreement.

(3)

Regulation (EU) No 692/2011 repealed Council Directive 95/57/EC of 23 November 1995 on the collection of statistical information in the field of tourism (4) which is incorporated to Annex XXI to the EEA Agreement.

(4)

Annex XXI to the EEA Agreement should therefore be amended accordingly.

(5)

The position of the Union in the EEA Joint Committee should be based on the attached draft Decision,

12.6.2012   

EN

Official Journal of the European Union

L 151/3

(1)

Protocol 31 to the Agreement on the European Economic Area (2) (‘the EEA Agreement’) contains specific provisions and arrangements concerning cooperation in specific fields outside the four freedoms.

(2)

It is appropriate to extend the cooperation of the Contracting Parties to the EEA Agreement to include Decision No 940/2011/EU of the European Parliament and of the Council of 14 September 2011 on the European Year for Active Ageing and Solidarity between Generations (2012) (3).

(3)

Protocol 31 to the EEA Agreement should therefore be amended in order to allow for this extended cooperation to take place from 1 January 2012.

(4)

The position of the Union in the EEA Joint Committee should be based on the attached draft Decision,

12.6.2012   

EN

Official Journal of the European Union

L 151/5

(1)

In order to ensure uniform application of the Combined Nomenclature annexed to Regulation (EEC) No 2658/87, it is necessary to adopt measures concerning the classification of the goods referred to in the Annex to this Regulation.

(2)

Regulation (EEC) No 2658/87 has laid down the general rules for the interpretation of the Combined Nomenclature. Those rules apply also to any other nomenclature which is wholly or partly based on it or which adds any additional subdivision to it and which is established by specific provisions of the Union, with a view to the application of tariff and other measures relating to trade in goods.

(3)

Pursuant to those general rules, the goods described in column (1) of the table set out in the Annex should be classified under the CN code indicated in column (2), by virtue of the reasons set out in column (3) of that table.

(4)

It is appropriate to provide that binding tariff information which has been issued by the customs authorities of Member States in respect of the classification of goods in the Combined Nomenclature but which is not in accordance with this Regulation can, for a period of three months, continue to be invoked by the holder, under Article 12(6) of Council Regulation (EEC) No 2913/92 of 12 October 1992 establishing the Community Customs Code (2).

(5)

The measures provided for in this Regulation are in accordance with the opinion of the Customs Code Committee,

12.6.2012   

EN

Official Journal of the European Union

L 151/7

(1)

In accordance with the first subparagraph of Article 9(1), and in application of Article 17(2) of Regulation (EC) No 510/2006, the Commission has examined Spain’s application for the approval of amendments to the specification of the protected geographical indication ‘Berenjena de Almagro’ registered on the basis of Commission Regulation (EC) No 2400/96 (2), as amended by Regulation (EC) No 2206/2003 (3).

(2)

Since the amendments in question are not minor within the meaning of Article 9 of Regulation (EC) No 510/2006, the Commission published the amendment application in the Official Journal of the European Union  (4), as required by the first subparagraph of Article 6(2) of that Regulation. As no statement of objection within the meaning of Article 7 of Regulation (EC) No 510/2006 has been sent to the Commission, the amendment should be approved,

12.6.2012   

EN

Official Journal of the European Union

L 151/9

(1)

Recycling processes which, as part of a sequence or as standalone processes, recycle waste lead-acid, nickel-cadmium and other batteries and accumulators should achieve the minimum recycling efficiencies set out in Annex III, Part B to Directive 2006/66/EC.

(2)

Detailed rules supplementing Annex III, Part B to Directive 2006/66/EC should be laid down for calculating recycling efficiencies.

(3)

It is appropriate to define the recycling process as one which starts after collection and possible sorting and/or preparation for recycling of the waste batteries and accumulators received by a recycling facility and finishes when output fractions are produced to be used for their original purpose or for other purposes without undergoing further treatment and have ceased to be waste. In order to encourage the improvement of existing and development of new recycling and treatment technologies, the recycling efficiencies should be achieved by each recycling process.

(4)

It is necessary to define the preparation for recycling as a preliminary operation prior to recycling in order to distinguish it from the recycling process of waste batteries and accumulators.

(5)

The recycling efficiencies of the recycling processes of waste batteries and accumulators should be calculated by reference to the chemical composition of the input and output fractions and having regard to the latest technical and scientific developments and made publicly available.

(6)

It is necessary to harmonise the information to be reported by recyclers in order to monitor compliance with the recycling efficiency requirements across the European Union.

(7)

Recyclers of waste batteries and accumulators need at least 18 months to adapt their technological processes to the new recycling efficiencies calculation requirements.

(8)

The measures provided for in this Regulation are in accordance with the opinion of the Committee established by Article 39 of Directive 2008/98/EC of the European Parliament and of the Council (2),

(1)

‘recycling process’ means any reprocessing operation as referred to in Article 3(8) of Directive 2006/66/EC which is carried out on waste lead-acid, nickel-cadmium and other batteries and accumulators and results in the production of output fractions as defined in point 5 of this Article. The recycling process does not include sorting and/or preparation for recycling/disposal and may be carried out in a single facility or in several facilities;

(2)

‘preparation for recycling’ means treatment of waste batteries and/or accumulators prior to any recycling process, which shall, inter alia, include storage, handling, dismantling of battery packs or separation of fractions that are not part of the battery or accumulator itself;

(3)

‘recycling efficiency’ of a recycling process means the ratio obtained by dividing the mass of output fractions accounting for recycling by the mass of the waste batteries and accumulators input fraction expressed as a percentage;

(4)

‘input fraction’ means the mass of collected waste batteries and accumulators entering the recycling process as defined in Annex I;

(5)

‘output fraction’ means the mass of materials that are produced from the input fraction as a result of the recycling process, as defined in Annex I without undergoing further treatment, that have ceased to be waste or that will be used for their original purpose or for other purposes, but excluding energy recovery.

12.6.2012   

EN

Official Journal of the European Union

L 151/22

(1)

By Regulation (EC) No 216/2008 the scope of activities of the European Aviation Safety Agency (hereinafter ‘the Agency’) has been extended; hence the Agency is required to issue a certificate, approval, licence or other document as a result of certification according to the extended scope.

(2)

Commission Regulation (EC) No 593/2007 of 31 May 2007 on the fees and charges levied by the European Aviation Safety Agency (2) does not allow for fees and charges to be levied for any certification activities referred to in Article 5(5)(e) and Articles 21, 22, 22a, 22b and 23 of Regulation (EC) No 216/2008 other than those detailed in Commission Regulations (EC) No 1702/2003 of 24 September 2003 laying down implementing rules for the airworthiness and environmental certification of aircraft and related products, parts and appliances, as well as for the certification of design and production (3) and (EC) No 2042/2003 of 20 November 2003 on the continuing airworthiness of aircraft and aeronautical products, parts and appliances, and on the approval of organisations and personnel involved in these tasks (4).

(3)

Fees and charges referred to in this Regulation should be set in a transparent, fair and uniform manner, reflecting the actual cost of each individual service as stipulated in Article 64(4)(b) of Regulation (EC) No 216/2008. It is necessary to ensure a balance between overall expenditure incurred by the Agency in carrying out certification tasks and overall income from the fees it levies.

(4)

The geographical location of the undertakings in the territories of the Member States should not be a discriminatory factor when setting fees.

(5)

The applicant should have the choice to request a financial quote of the foreseeable amount to be paid for the service which will be provided. The criteria for determining the amount to be paid should be clear, uniform and public. Where it is not possible to accurately determine this amount in advance, transparent principles for assessing the amount to be paid during the provision of the service should be established by the Agency.

(6)

Deadlines for the payment of fees and charges levied under this Regulation should be fixed. Appropriate remedies in cases of non-payment should be laid down such as the termination of the related application processes, invalidation of related approvals, ceasing of any further provision of services to the same applicant, and recovery of the outstanding amount through available means.

(7)

Charges for appeals against decisions of the Agency should be paid in full before the appeal is declared admissible.

(8)

Interested parties should be consulted prior to any modification of fees. Moreover, the Agency should regularly provide interested parties with information on how and on what basis the fees are calculated to provide interested parties with an insight into the costs incurred by the Agency, and to provide the industry with the appropriate financial visibility and the ability to anticipate the cost of the fees it will be required to pay. It should therefore be possible to review the levels of fees annually on the basis of the Agency’s financial results and forecasts.

(9)

Regulation (EC) No 593/2007 should therefore be amended accordingly.

(10)

The measures provided for in this Regulation are in accordance with the opinion of the Committee established by Article 65 of the Regulation (EC) No 216/2008,

1.

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

‘It determines in particular the matters for which fees and charges referred to in Article 64(4) of Regulation (EC) No 216/2008 are due, the amount of those fees and charges and the way in which they are to be paid.’;

2.

in Article 2 points (a) to (d) are replaced by the following:

3.

in Article 4, the following second and third paragraphs are added:

‘Upon application of future Regulations, the Agency may levy fees according to Part II of the Annex for certification tasks other than those referred to in Part I of the Annex.

Any changes to the organisation that are reported to the Agency and affect its approval may have the effect of a recalculation of the surveillance fee due, which will be applicable as of the next fee cycle.’;

4.

Article 8 is replaced by the following:

‘Article 8

1.   The fee shall be payable by the applicant in euros. The terms of payment shall be made available to applicants on the Agency’s website. The applicant shall pay the fee in full including possible bank charges related to the payment before the issuing, maintaining or amending of the certificate, unless the Agency decides otherwise after due consideration of financial risks. The fee shall be paid within 30 calendar days from the date on which the invoice is notified to the applicant by the Agency. The application may be cancelled or the certificate may be suspended or revoked if the fees due have not been received upon the expiry of the deadline and after the Agency has sent out a formal warning.

2.   The Agency may invoice the fee in one instalment after having received the application or at the start of the annual or surveillance period.

3.   For all certification tasks which give rise to the payment of fees calculated on an hourly basis, the Agency may, on request, provide the applicant with an estimate. The estimate shall be amended by the Agency if it appears that the task is simpler or can be carried out faster than initially foreseen or, on the contrary, if it is more complex and takes longer to carry out than the Agency could reasonably have foreseen.

4.   If, following a verification of an application, the Agency decides not to accept this application, any fees already paid shall be returned to the applicant, with the exception of an amount to cover the administrative costs of handling the application. That amount shall be equivalent to two times the hourly fee set out in Part II of the Annex. Where the Agency has evidence that the applicant’s financial ability is at risk, it may refuse an application unless the applicant provides a bank guarantee or secured deposit. The Agency may also refuse an application, where the applicant has not fulfilled its payment obligations arising out of certification tasks or services performed by the Agency, unless the applicant pays for the outstanding amounts due for those certification tasks or services provided.

5.   If a certification task has to be interrupted by the Agency because the applicant has insufficient resources or fails to comply with the applicable requirements, or because the applicant decides to abandon its application or to postpone its project, the balance of any fees due, calculated on an hourly basis for the ongoing period of 12 months but not exceeding the applicable flat fee, shall be payable in full at the time the Agency stops working, together with any other amounts due at that time. The relevant number of hours shall be invoiced at the hourly fee set out in Part II of the Annex. When, on demand of the applicant, the Agency starts again a certification task previously interrupted, this task shall be charged as a new project.

6.   If the certificate holder surrenders the corresponding certificate or the Agency revokes the certificate, the balance of any fees due, calculated on an hourly basis but not exceeding the applicable flat fee, shall be payable in full at the time the surrender or revocation takes place, together with any other amounts due at that time. The relevant number of hours shall be invoiced at the hourly fee set out in Part II of the Annex.

7.   If the Agency suspends the certificate due to non-payment of the annual fee or surveillance fee or because the applicant fails to comply with the applicable requirements, the respective fee periods shall continue.’;

5.

in Article 10, paragraph 2 is deleted;

6.

in Article 11, the second and third paragraphs are replaced by the following:

‘Charges shall be levied for processing an appeal lodged pursuant to Article 44 of Regulation (EC) No 216/2008 of the European Parliament and of the Council (5). The amounts of charges are set out in Part IV of the Annex. Where the appellant is a legal person, it is required to supply to the Agency a signed certificate from an authorised officer of the organisation concerned specifying the financial turnover of the appellant. This certificate shall be submitted together with the appeal notification. Appeal charges shall be paid within 60 calendar days from the date on which the appeal was filed at the Agency according to the applicable procedure established by the Agency. In the event the payment is not made within this deadline, the Board of Appeal shall reject the appeal. If the appeal is concluded in favour of the appellant, the appeal charges paid shall be reimbursed by the Agency without delay.

An estimate of the amount of the charges may be communicated on request to the applicant before the service is provided. The estimate shall be amended by the Agency if it appears that the task is simpler or can be carried out faster than initially foreseen or, on the contrary, if it is more complex and takes longer to carry out than the Agency could reasonably have foreseen.

7.

in Article 14 the following paragraph 3 is added:

‘3.   The Annex to this Regulation shall be reviewed periodically to ensure that significant information related to the underlying assumptions for anticipated income and expenditure of the Agency is duly reflected in the amounts of fees or charges levied by the Agency. Where necessary, this Regulation and its Annex may be revised at the latest five years after its entry into force.’;

8.

the Annex is amended as set out in the Annex to this Regulation.

12.6.2012   

EN

Official Journal of the European Union

L 151/27

(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,

12.6.2012   

EN

Official Journal of the European Union

L 151/29

(1)

The representative prices and additional duties applicable to imports of white sugar, raw sugar and certain syrups for the 2011/12 marketing year are fixed by Commission Implementing Regulation (EU) No 971/2011 (3). Those prices and duties were last amended by Commission Implementing Regulation (EU) No 453/2012 (4).

(2)

The data currently available to the Commission indicate that those amounts should be amended in accordance with Article 36 of Regulation (EC) No 951/2006.

(3)

Given the need to ensure that this measure applies as soon as possible after the updated data have been made available, this Regulation should enter into force on the day of its publication,

12.6.2012   

EN

Official Journal of the European Union

L 151/31

(1)

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

(2)

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

(3)

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

(4)

Estonia has informed the General Secretariat of the Council of the national DNA analysis files to which Articles 2 to 6 of Decision 2008/615/JHA apply and the conditions for automated searching as referred to in Article 3(1) of that Decision in accordance with Article 36(2) of that Decision.

(5)

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

(6)

Estonia has completed the questionnaire on data protection and the questionnaire on DNA data exchange.

(7)

A successful pilot run has been carried out by Estonia with the Netherlands.

(8)

An evaluation visit has taken place in Estonia and a report on the evaluation visit has been produced by the Dutch evaluation team and forwarded to the relevant Council Working Group.

(9)

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

12.6.2012   

EN

Official Journal of the European Union

L 151/32

(1)

On 13 September 2010 the Council adopted Decision 2010/570/EU, Euratom appointing the members of the European Economic and Social Committee for the period from 21 September 2010 to 20 September 2015 (1).

(2)

A member’s seat on the European Economic and Social Committee has become vacant following the end of the term of office of Mr Johann KÖLTRINGER,