28.11.2012

Official Journal of the European Union

L 328/1

DECISION No 1104/2012/EU OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

of 21 November 2012

amending Council Decision 2008/971/EC to include forest reproductive material of the ‘qualified’ category and to update the name of the authorities responsible for the approval and control of the production

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union, and in particular Article 43(2) thereof,

Having regard to the proposal from the European Commission,

After transmission of the draft legislative act to the national parliaments,

Having regard to the opinion of the European Economic and Social Committee (1),

Acting in accordance with the ordinary legislative procedure (2),

Whereas:

(1)

Council Decision 2008/971/EC of 16 December 2008 on the equivalence of forest reproductive material produced in third countries (3) determines the conditions under which forest reproductive material of the ‘source identified’ and ‘selected’ categories, produced in third countries listed in Annex I to that Decision, is to be imported into the Union.

(2)	The national rules for the certification of forest reproductive material in Canada, Croatia, Norway, Serbia, Switzerland, Turkey and the United States provide for an official field inspection to be carried out during the collection and processing of seed and the production of planting stock.

(3)

According to those rules, the systems for the approval and registration of basic material and the subsequent production of reproductive material from that basic material should follow the OECD Scheme for the Certification of Forest Reproductive Material Moving in International Trade (OECD Forest Seed and Plant Scheme). In addition, those rules require seed and planting stock of the ‘source identified’, ‘selected’ and ‘qualified’ categories to be officially certified and the seed packages to be officially closed in accordance with the OECD Forest Seed and Plant Scheme.

(4)

An examination of those rules as regards the ‘qualified’ category has shown that the conditions for approval of basic material satisfy the requirements laid down in Council Directive 1999/105/EC of 22 December 1999 on the marketing of forest reproductive material (4). Furthermore, with the exception of the conditions regarding seed quality, species purity and planting stock quality, the rules of these third countries afford the same guarantees as regards the conditions applicable to seed and planting stock of the new ‘qualified’ category as those set out in Directive 1999/105/EC. It follows that the rules relating to the certification of forestry material of the ‘qualified’ category in Canada, Croatia, Norway, Serbia, Switzerland, Turkey and the United States should be considered to be equivalent to those set out in Directive 1999/105/EC, provided that the conditions set out in Annex II to Decision 2008/971/EC are satisfied as regards seed and planting stocks.

(5)

As regards material of the ‘qualified’ category, those conditions should include the provision of information on whether the products have been genetically modified or not. Such information should facilitate the application of the requirements set out in Directive 2001/18/EC of the European Parliament and of the Council of 12 March 2001 on the deliberate release into the environment of genetically modified organisms (5), or, where applicable, in Regulation (EC) No 1829/2003 of the European Parliament and of the Council of 22 September 2003 on genetically modified food and feed (6) and Regulation (EC) No 1830/2003 of the European Parliament and of the Council of 22 September 2003 concerning the traceability and labelling of genetically modified organisms and the traceability of food and feed products produced from genetically modified organisms (7).

(6)	In addition, the names of some authorities responsible for the approval and control of the production, as listed in Annex I to Decision 2008/971/EC, have changed.

(7)	Decision 2008/971/EC should therefore be amended accordingly,

HAVE ADOPTED THIS DECISION:

Article 1

Decision 2008/971/EC is hereby amended as follows:

(1)	in Article 1, the first paragraph is replaced by the following: ‘This Decision determines the conditions under which forest reproductive material of the ‘source identified’, ‘selected’ and ‘qualified’ categories produced in a third country listed in Annex I shall be imported into the Union.’;

(2)

in Article 3, paragraph 2 is replaced by the following:

‘2. Seed and planting stock of the ‘source identified’, ‘selected’ and ‘qualified’ categories of species listed in Annex I to Directive 1999/105/EC, produced in the third countries listed in Annex I to this Decision and officially certified by the third country authorities listed in that Annex, shall be considered equivalent to seed and planting stock complying with Directive 1999/105/EC, provided that the conditions laid down in Annex II to this Decision are satisfied.’;

(3)

in Article 4, the first paragraph is replaced by the following:

‘When seed and planting stock enter the Union, the supplier importing this material shall inform the official body of that Member State in advance of the import. The official body shall issue a Master Certificate based on the official OECD Certificate of Provenance before the material is placed on the market.’;

(4)	Annexes I and II are amended in accordance with the Annex to this Decision.

Article 2

This Decision shall enter into force on the third day following that of its publication in the Official Journal of the European Union.

It shall apply from 1 January 2013.

Article 3

This Decision is addressed to the Member States.

Done at Strasbourg, 21 November 2012.

For the European Parliament

The President

M. SCHULZ

For the Council

The President

A. D. MAVROYIANNIS

(1) OJ C 351, 15.11.2012, p. 91.

(2) Position of the European Parliament of 23 October 2012 (not yet published in the Official Journal) and decision of the Council of 13 November 2012.

(3) OJ L 345, 23.12.2008, p. 83.

(4) OJ L 11, 15.1.2000, p. 17.

(5) OJ L 106, 17.4.2001, p. 1.

(6) OJ L 268, 18.10.2003, p. 1.

(7) OJ L 268, 18.10.2003, p. 24.

ANNEX

Annexes I and II to Decision 2008/971/EC are amended as follows:

(1)

Annex I is replaced by the following:

‘ANNEX I

Countries and authorities

Country (*1)

Authority responsible for the approval and control of production

National Forest Genetic Resources Centre/Centre national des ressources génétiques forestières

Natural Resources Canada/Ressources naturelles Canada

Canadian Forest Service-Atlantic/Service canadien des forêts -Atlantique

P.O. Box 4000,

FREDERICTON, NB E3B 5P7

Federal Office for the Environment (FOEN)

Department of the Environment, Transport, Energy and Communications (UVEK)

Forest Division

Federal Plant Protection Service

Zürcherstraße 111

CH-8903 BIRMENSDORF

Croatian Forest Research Institute – CFI

Division of Genetics, Forest Tree Breeding and Seed Science

Cvjetno naselje 41

10450 Jastrebarsko

Norwegian Forest Research Institute

Høgskoleveien 12

N-1432 AAS

Norwegian Forest Seed Station

P.O. Box 118

N-2301 HAMAR

Group for Forest Reproductive Material and Genetic Resources Directorate for Forest

Ministry of Agriculture, Forestry and Water Management

Ministry of AFW — Directorate for Forest

Omladinskih brigada 1

Novi Beograd

Ministry of Environment and Forestry

General Directorate of Forestation and Erosion Control

Bestepe 06560

Ankara

USA United States Department of Agriculture, Forest Service

Cooperative Forestry

National Seed Laboratory

5675 Riggins Mill Road

Dry Branch, Georgia 31020

OFFICIAL STATE CERTIFICATION AUTHORITIES

(Authorised to issue OECD certificates through cooperative agreement with USDA Forest Service)

Washington State Crop Improvement Association, Inc.

1610 NE Eastgate Blvd, Suite 610

Pullman, Washington 99163

(2)

in Annex II, the following section is added:

‘C. Additional conditions relating to the ‘qualified’ category of seed and planting stock produced in third countries

As regards seed or planting stock of the ‘qualified’ category, the OECD Label and the supplier’s label or document shall state whether genetic modification has been used in the production of the basic material.’.

(*1) CA – Canada, CH – Switzerland, HR – Croatia, NO – Norway, RS – Serbia, TR – Turkey, US – United States.’;

28.11.2012

Official Journal of the European Union

L 328/4

DECISION No 1105/2012/EU OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

of 21 November 2012

amending Council Decision 2003/17/EC by extending its period of application and by updating the names of a third country and of the authorities responsible for the approval and control of the production

(Text with EEA relevance)

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union, and in particular Article 43(2) thereof,

Having regard to the proposal from the European Commission,

After transmission of the draft legislative act to the national parliaments,

Having regard to the opinion of the European Economic and Social Committee (1),

Acting in accordance with the ordinary legislative procedure (2),

Whereas:

(1)

Council Decision 2003/17/EC of 16 December 2002 on the equivalence of field inspections carried out in third countries on seed-producing crops and on the equivalence of seed produced in third countries (3) provides that, for a limited period, field inspections carried out in third countries on seed-producing crops of certain species are to be considered to be equivalent to field inspections carried out in accordance with Union legal acts, and that seed of certain species produced in third countries is to be considered to be equivalent to seed produced in accordance with Union legal acts.

(2)	It appears that field inspections carried out in third countries continue to afford the same guarantees as field inspections carried out by Member States. They should therefore continue to be considered to be equivalent.

(3)	As Decision 2003/17/EC will expire on 31 December 2012, the period for which equivalence is recognised under that Decision should be extended. It appears desirable to extend that period by 10 years.

(4)

The reference to Yugoslavia in Decision 2003/17/EC should be deleted. Serbia, as a member of the OECD Schemes for the Varietal Certification of Seed Moving in International Trade and as a member of the International Seed Testing Association as regards the seed sampling and testing, should be added to the list of third countries in Annex I to Decision 2003/17/EC. In addition, the names of some authorities responsible for the approval and control of the production, as listed in Annex I to Decision 2003/17/EC, have changed.

(5)

The provisions of Decision 2003/17/EC which refer to Council Decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise of implementing powers conferred on the Commission (4) should be deleted as, in the context of this Decision, their application would be incompatible with the system on delegated and implementing powers introduced by Articles 290 and 291 of the Treaty.

(6)	Decision 2003/17/EC should therefore be amended accordingly,

HAVE ADOPTED THIS DECISION:

Article 1

Decision 2003/17/EC is hereby amended as follows:

(1)	Article 4 is deleted;

(2)	Article 5 is deleted;

(3)	in Article 6, the date ‘31 December 2012’ is replaced by the date ‘31 December 2022’;

(4)	Annex I is replaced by the text set out in the Annex to this Decision.

Article 2

This Decision shall enter into force on the third day following that of its publication in the Official Journal of the European Union.

It shall apply from 1 January 2013.

Article 3

This Decision is addressed to the Member States.

Done at Strasbourg, 21 November 2012.

For the European Parliament

The President

M. SCHULZ

For the Council

The President

A. D. MAVROYIANNIS

(1) OJ C 351, 15.11.2012, p. 92.

(2) Position of the European Parliament of 25 October 2012 (not yet published in the Official Journal) and decision of the Council of 13 November 2012.

(3) OJ L 8, 14.1.2003, p. 10.

(4) OJ L 184, 17.7.1999, p. 23.

ANNEX

‘ANNEX I

COUNTRIES, AUTHORITIES AND SPECIES

Country (*1)

Authority

Species referred to in the following Directives

Instituto Nacional de Semillas (INASE)

Av. Paseo Colón 922, 3 Piso

1063 BUENOS AIRES

66/401/EEC

66/402/EEC

2002/57/EC

Australian Seeds Authority Ltd

PO Box 187

LINDFIELD, NSW 2070

66/401/EEC

66/402/EEC

2002/57/EC

Canadian Food Inspection Agency, Seed Section, Plant Health & Biosecurity Directorate

59 Camelot Drive, Room 250, OTTAWA, ON K1A 0Y9

66/401/EEC

66/402/EEC

2002/57/EC

Ministerio de Agricultura

Servicio Agricola y Ganadero, División de Semillas

Casilla 1167, Paseo Bulnes 140 — SANTIAGO DE CHILE

2002/54/EC

66/401/EEC

66/402/EEC

2002/57/EC

State Institute for Seed and Seedlings,

Vinkovacka Cesta 63

31000 OSIJEK

2002/54/EC

66/401/EEC

66/402/EEC

2002/57/EC

Ministry of Agriculture & Rural Development

Plant Protection and Inspection Services

PO Box 78, BEIT-DAGAN 50250

66/401/EEC

66/402/EEC

2002/57/EC

D.P.V.C.T.R.F.

Service de Contrôle des Semences et Plants

BP 1308 RABAT

66/401/EEC

66/402/EEC

2002/57/EC

Ministry for Primary Industries,

25 “The Terrace”

PO Box 2526

6140 WELLINGTON

2002/54/EC

66/401/EEC

66/402/EEC

2002/57/EC

Ministry of Agriculture, Forestry and Water Management Plant Protection Directorate

Omladinskih brigada 1, 11070 NOVI BEOGRAD

The Ministry of Agriculture has authorised the following institutions to issue OECD certificates:

National Laboratory for Seed Testing

Maksima Gorkog 30 — 21000 NOVI SAD

Maize Research Institute “Zemun Polje”

Slobodana Bajica 1

11080 ZEMUN, BEOGRAD

2002/54/EC

66/401/EEC

66/402/EEC

2002/57/EC

Ministry of Agriculture and Rural Affairs,

Variety Registration and Seed Certification Centre

Gayret mah. Fatih Sultan Mehmet Bulvari No 62

PO Box 30

06172 Yenimahalle/ANKARA

2002/54/EC

66/401/EEC

66/402/EEC

2002/57/EC

USDA — Agricultural Marketing Service

Seed Regulatory & Testing Branch

801 Summit Crossing, Suite C, GASTONIA NC 28054

2002/54/EC

66/401/EEC

66/402/EEC

2002/57/EC

Instituto Nacional de Semillas (INASE)

Cno. Bertolotti s/n y Ruta 8 km 29

91001 PANDO — CANELONES

66/401/EEC

66/402/EEC

2002/57/EC

National Department of Agriculture,

c/o S.A.N.S.O.R.

Lynnwood Ridge, PO Box 72981, 0040 PRETORIA

66/401/EEC

66/402/EEC — only in respect of Zea mays and Sorghum spp.

2002/57/EC

(*1) AR — Argentina, AU — Australia, CA — Canada, CL — Chile, HR — Croatia, IL — Israel, MA — Morocco, NZ — New Zealand, RS — Serbia, TR — Turkey, US — United States, UY — Uruguay, ZA — South Africa’.

28.11.2012

Official Journal of the European Union

L 328/7

COMMISSION REGULATION (EU) No 1106/2012

of 27 November 2012

implementing Regulation (EC) No 471/2009 of the European Parliament and of the Council on Community statistics relating to external trade with non-member countries, as regards the update of the nomenclature of countries and territories

(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 471/2009 of the European Parliament and of the Council of 6 May 2009 on Community statistics relating to external trade with non-member countries and repealing Council Regulation (EC) No 1172/95 (1), and in particular Article 5(2) thereof,

Whereas:

(1)	Commission Regulation (EC) No 1833/2006 of 13 December 2006 on the nomenclature of countries and territories for the external trade statistics of the Community and statistics of trade between Member States (2) set out the version of that nomenclature which was valid as of 1 January 2007.

(2)	South Sudan has become an independent State.

(3)	The Netherlands Antilles have been dissolved.

(4)	Saint Barthélemy no longer belongs to the customs territory of the European Union.

(5)	A code is needed to cover transactions involving installations on the high seas (oil platforms, wind farms, transoceanic cables).

(6)	The alphabetical coding of countries and territories must reflect the current version of the standard ISO alpha 2, in so far as it is compatible with the requirements of Union legislation and the Union statistical requirements.

(7)	It is therefore appropriate to draw up a new version of the nomenclature which takes account of these developments and of changes affecting certain codes.

(8)	The measures provided for in this Regulation are in accordance with the opinion of the Committee on Statistics Relating to the Trading of Goods with Non-Member Countries,

HAS ADOPTED THIS REGULATION:

Article 1

The version of the nomenclature of countries and territories for the external trade statistics of the Union and statistics of trade between Member States which shall be valid as from 1 January 2013 is set out in the Annex hereto.

Article 2

Regulation (EC) No 1833/2006 is repealed with effect from 1 January 2013.

Article 3

This Regulation shall enter into force on 1 January 2013.

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

Done at Brussels, 27 November 2012.

For the Commission

The President

José Manuel BARROSO

(1) OJ L 152, 16.6.2009, p. 23.

(2) OJ L 354, 14.12.2006, p. 19.

ANNEX

NOMENCLATURE OF COUNTRIES AND TERRITORIES FOR THE EXTERNAL TRADE STATISTICS OF THE UNION AND STATISTICS OF TRADE BETWEEN MEMBER STATES

(Version valid with effect from 1 January 2013)

Code	Text	Description
AD	Andorra
AE	United Arab Emirates	Abu Dhabi, Ajman, Dubai, Fujairah, Ras al Khaimah, Sharjah and Umm al Qaiwain
AF	Afghanistan
AG	Antigua and Barbuda
AI	Anguilla
AL	Albania
AM	Armenia
AO	Angola	Including Cabinda
AQ	Antarctica	Territory south of 60° south latitude; not including the French Southern Territories (TF), Bouvet Island (BV), South Georgia and South Sandwich Islands (GS)
AR	Argentina
AS	American Samoa
AT	Austria
AU	Australia
AW	Aruba
AZ	Azerbaijan
BA	Bosnia and Herzegovina
BB	Barbados
BD	Bangladesh
BE	Belgium
BF	Burkina Faso
BG	Bulgaria
BH	Bahrain
BI	Burundi
BJ	Benin
BL	Saint Barthélemy
BM	Bermuda
BN	Brunei Darussalam	Often referred to as Brunei
BO	Bolivia, Plurinational State of	Often referred to as Bolivia
BQ	Bonaire, Sint Eustatius and Saba
BR	Brazil
BS	Bahamas
BT	Bhutan
BV	Bouvet Island
BW	Botswana
BY	Belarus	Often referred to as Belorussia
BZ	Belize
CA	Canada
CC	Cocos Islands (or Keeling Islands)
CD	Congo, Democratic Republic of	Formerly Zaire
CF	Central African Republic
CG	Congo
CH	Switzerland	Including the German territory of Büsingen and the Italian municipality of Campione d’Italia
CI	Côte d’Ivoire	Often referred to as Ivory Coast
CK	Cook Islands
CL	Chile
CM	Cameroon
CN	China
CO	Colombia
CR	Costa Rica
CU	Cuba
CV	Cape Verde
CW	Curaçao
CX	Christmas Island
CY	Cyprus
CZ	Czech Republic
DE	Germany	Including the island of Heligoland; excluding the territory of Büsingen
DJ	Djibouti
DK	Denmark
DM	Dominica
DO	Dominican Republic
DZ	Algeria
EC	Ecuador	Including the Galápagos Islands
EE	Estonia
EG	Egypt
EH	Western Sahara
ER	Eritrea
ES	Spain	Including the Balearic Islands and the Canary Islands; excluding Ceuta (XC) and Melilla (XL)
ET	Ethiopia
FI	Finland	Including the Åland Islands
FJ	Fiji
FK	Falkland Islands
FM	Micronesia, Federated States of	Chuuk, Kosrae, Pohnpei and Yap
FO	Faroe Islands
FR	France	Including Monaco, the French overseas departments (French Guiana, Guadeloupe, Martinique and Réunion) and the French northern part of St Martin
GA	Gabon
GB	United Kingdom	Great Britain, Northern Ireland, Channel Islands and Isle of Man
GD	Grenada	Including Southern Grenadines
GE	Georgia
GH	Ghana
GI	Gibraltar
GL	Greenland
GM	Gambia
GN	Guinea
GQ	Equatorial Guinea
GR	Greece
GS	South Georgia and South Sandwich Islands
GT	Guatemala
GU	Guam
GW	Guinea-Bissau
GY	Guyana
HK	Hong Kong	Hong Kong Special Administrative Region of the People’s Republic of China
HM	Heard Island and McDonald Islands
HN	Honduras	Including Swan Islands
HR	Croatia
HT	Haiti
HU	Hungary
ID	Indonesia
IE	Ireland
IL	Israel
IN	India
IO	British Indian Ocean Territory	Chagos Archipelago
IQ	Iraq
IR	Iran, Islamic Republic of
IS	Iceland
IT	Italy	Including Livigno; excluding the municipality of Campione d’Italia
JM	Jamaica
JO	Jordan
JP	Japan
KE	Kenya
KG	Kyrgyz, Republic
KH	Cambodia
KI	Kiribati
KM	Comoros	Anjouan, Grande Comore and Mohéli
KN	St Kitts and Nevis
KP	Korea, Democratic People’s Republic of	Often referred to as North Korea
KR	Korea, Republic of	Often referred to as South Korea
KW	Kuwait
KY	Cayman Islands
KZ	Kazakhstan
LA	Lao People’s Democratic Republic	Often referred to as Laos
LB	Lebanon
LC	St Lucia
LI	Liechtenstein
LK	Sri Lanka
LR	Liberia
LS	Lesotho
LT	Lithuania
LU	Luxembourg
LV	Latvia
LY	Libya
MA	Morocco
MD	Moldova, Republic of
ME	Montenegro
MG	Madagascar
MH	Marshall Islands
MK (1)	Former Yugoslav Republic of Macedonia
ML	Mali
MM	Myanmar	Often referred to as Burma
MN	Mongolia
MO	Macao	Special Administrative Region of the People’s Republic of China
MP	Northern Mariana Islands
MR	Mauritania
MS	Montserrat
MT	Malta	Including Gozo and Comino
MU	Mauritius	Mauritius, Rodrigues Island, Agalega Islands and Cargados Carajos Shoals (St Brandon Islands)
MV	Maldives
MW	Malawi
MX	Mexico
MY	Malaysia	Peninsular Malaysia and Eastern Malaysia (Labuan, Sabah and Sarawak)
MZ	Mozambique
NA	Namibia
NC	New Caledonia	Including Loyalty Islands (Lifou, Maré and Ouvéa)
NE	Niger
NF	Norfolk Island
NG	Nigeria
NI	Nicaragua	Including Corn Islands
NL	Netherlands
NO	Norway	Including Svalbard Archipelago and Jan Mayen Island
NP	Nepal
NR	Nauru
NU	Niue
NZ	New Zealand	Excluding Ross Dependency (Antarctica)
OM	Oman
PA	Panama	Including former Canal Zone
PE	Peru
PF	French Polynesia	Marquesas Islands, Society Islands (including Tahiti), Tuamotu Islands, Gambier Islands and Austral Islands.
PG	Papua New Guinea	Eastern part of New Guinea; Bismarck Archipelago (including New Britain, New Ireland, Lavongai (New Hanover) and Admiralty Islands); Northern Solomon Islands (Bougainville and Buka); Trobriand Islands, Woodlark Island; d’Entrecasteaux Islands and Louisiade Archipelago.
PH	Philippines
PK	Pakistan
PL	Poland
PM	St Pierre and Miquelon
PN	Pitcairn	Including the Ducie, Henderson and Oeno Islands
PS	Occupied Palestinian Territory	West Bank (including East Jerusalem) and Gaza Strip
PT	Portugal	Including Azores and Madeira
PW	Palau
PY	Paraguay
QA	Qatar
RO	Romania
RU	Russian Federation	Often referred to as Russia
RW	Rwanda
SA	Saudi Arabia
SB	Solomon Islands
SC	Seychelles	Mahé Island, Praslin Island, La Digue, Frégate and Silhouette; Amirante Islands (including Desroches, Alphonse, Platte and Coëtivy); Farquhar Islands (including Providence); Aldabra Islands and Cosmoledo Islands.
SD	Sudan
SE	Sweden
SG	Singapore
SH	Saint Helena, Ascension and Tristan da Cunha
SI	Slovenia
SK	Slovakia
SL	Sierra Leone
SM	San Marino
SN	Senegal
SO	Somalia
SR	Suriname
SS	South Sudan
ST	Sao Tome and Principe
SV	El Salvador
SX	Sint Maarten (Dutch part)	The island of Saint Martin is divided into the French northern part and the Dutch southern part.
SY	Syrian Arab Republic	Often referred to as Syria
SZ	Swaziland
TC	Turks and Caicos Islands
TD	Chad
TF	French Southern Territories	Including Kerguélen Islands, Amsterdam Island, Saint-Paul Island, Crozet Archipelago and French scattered Indian Ocean Islands formed by Bassas da India, Europa Island, Glorioso Islands, Juan de Nova Island and Tromelin Island.
TG	Togo
TH	Thailand
TJ	Tajikistan
TK	Tokelau
TL	Timor-Leste
TM	Turkmenistan
TN	Tunisia
TO	Tonga
TR	Turkey
TT	Trinidad and Tobago
TV	Tuvalu
TW	Taiwan	Separate customs territory of Taiwan, Penghu, Kinmen and Matsu
TZ	Tanzania, United Republic of	Pemba, Zanzibar Island and Tanganyika
UA	Ukraine
UG	Uganda
UM	United States Minor Outlying Islands	Including Baker Island, Howland Island, Jarvis Island, Johnston Atoll, Kingman Reef, Midway Islands, Navassa Island, Palmyra Atoll and Wake Island
US	United States	Including Puerto Rico
UY	Uruguay
UZ	Uzbekistan
VA	Holy See (Vatican City State)
VC	St Vincent and the Grenadines
VE	Venezuela, Bolivarian Republic of	Often referred to as Venezuela
VG	Virgin Islands, British
VI	Virgin Islands, United States
VN	Viet Nam
VU	Vanuatu
WF	Wallis and Futuna	Including Alofi Island
WS	Samoa	Formerly known as Western Samoa
XC	Ceuta
XK	Kosovo	As defined by United Nations Security Council Resolution 1244 of 10 June 1999
XL	Melilla	Including Peñón de Vélez de la Gomera, Peñón de Alhucemas and Chafarinas Islands.
XS	Serbia
YE	Yemen	Formerly North Yemen and South Yemen
YT	Mayotte	Grande-Terre and Pamandzi
ZA	South Africa
ZM	Zambia
ZW	Zimbabwe
MISCELLANEOUS
EU	European Union	Code reserved, in trade with non-member countries, for the declaration of the origin of goods according to the conditions laid down in the relevant EU provisions. Code not to be used for statistical purposes.
QP	High seas	Maritime domain outside of territorial waters
QQ	Stores and provisions	Optional heading
or
QR	Stores and provisions within the framework of intra-EU trade	Optional heading
QS	Stores and provisions within the framework of trade with third countries	Optional heading
QU	Countries and territories not specified	Optional heading
or
QV	Countries and territories not specified within the framework of intra-EU trade	Optional heading
QW	Countries and territories not specified within the framework of trade with third countries	Optional heading
QX	Countries and territories not specified for commercial or military reasons	Optional heading
or
QY	Countries and territories not specified for commercial or military reasons in the framework of intra-EU trade	Optional heading
QZ	Countries and territories not specified for commercial or military reasons in the framework of trade with third countries	Optional heading

(1) Provisional code that does not affect the definitive denomination of the country to be attributed after the conclusion of the negotiations currently taking place in the United Nations.

28.11.2012

Official Journal of the European Union

L 328/21

COMMISSION IMPLEMENTING DECISION

of 26 November 2012

implementing Regulation (EU) No 492/2011 of the European Parliament and of the Council as regards the clearance of vacancies and applications for employment and the re-establishment of EURES

(notified under document C(2012) 8548)

(Text with EEA relevance)

(2012/733/EU)

THE EUROPEAN COMMISSION,

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

Having regard to Regulation (EU) No 492/2011 of the European Parliament and of the Council of 5 April 2011 on freedom of movement for workers within the Union (1), and in particular Article 38 thereof,

Whereas:

(1)

Much progress has been made since the initial launch of the EURES network established by Commission Decision 93/569/EEC of 22 October 1993 on the implementing of Council Regulation (EEC) No 1612/68 on freedom of movement for workers within the Community as regards, in particular, a network entitled Eures (European Employment Services) (2), in order to implement Regulation (EEC) No 1612/68 of the Council (3). The network was reformed and re-established in order to consolidate and strengthen it by Commission Decision 2003/8/EC (4).

(2)

The European Council of 17 June 2010 endorsed the Europe 2020 Strategy for smart, sustainable and inclusive growth while calling for the full mobilisation of the appropriate EU instruments and policies to support achievement of the common objectives and invited the Member States to step up coordinated action.

(3)

The European Council of 28 and 29 June 2012 decided on a ‘Compact for Growth and Jobs’ and on the basis of the Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions ‘Towards a job-rich recovery’ of 18 April 2012, indicated that the EURES Portal should be developed into a true European placement and recruitment tool.

(4)

EURES should promote better functioning of the labour markets and satisfaction of economic needs by facilitating transnational and cross-border geographical mobility of workers, while ensuring mobility under fair conditions and respect of applicable labour standards. It should provide greater transparency on the labour markets, ensuring the exchange and processing of vacancies and applications for employment (i.e. the ‘clearance’ or ‘matching’ within the meaning of the Regulation) and supporting activities in the areas of recruitment, advice and guidance at national and cross-border level, thereby contributing to the objectives of the Europe 2020 strategy.

(5)

In the light of the experience gained since the initial launch in 1993 and the reform in 2003, and taking into account the needs to further reinforce and extend the network in order for it to fully support the objectives of the Europe 2020 strategy, the current composition of the network, the division of responsibilities and the decision-making procedures, as well as the catalogue of services provided must now be redesigned.

(6)

To this end EURES should be given a stronger orientation on management by objectives and results in terms of matching, placement and recruitment. Within this context, placement can be understood as the provision of services by an intermediary between the supply and demand on the labour market with the objective of a recruitment taking place, where recruitment is the filling of a job vacancy.

(7)

The abolishment of monopolies together with other developments has led to the emergence of a wide variety of employment service providers on the labour market. To reach its full potential, EURES needs to be opened to the participation of these operators, committed to fully respect applicable labour standards and legal requirements, and other EURES quality standards.

(8)

EURES services need to be clearly defined in order to ensure that the obligations put on the Member States by the Regulation, namely to undertake a clearance of vacancies and applications for employment, as well as the exchange and provision of labour market related information, is fulfilled in an efficient and effective manner. This would entail the involvement of various actors, including social partners, where appropriate.

(9)

In the ‘Compact for Growth and Jobs’, the European Council requested to explore the possibility of extending EURES to apprenticeships and traineeships. To ensure synergies and enable EURES to support fully the objectives of the Europe 2020 strategy, in particular to raise the employment rate to 75 % by 2020, whilst respecting the scope of the Regulation, EURES should be able to cover apprenticeships and traineeships in so far as the persons concerned are considered workers within the meaning of the Regulation and are 18 years or older, once a clearance of such information in accordance with the appropriate standards is deemed feasible.

(10)	To deliver the services in the most efficient way EURES should be integrated and mainstreamed into the general service offer of the participating organisations, which may receive funding for national and cross-border activities from the European Social Fund.

(11)

In order to effectively contribute to a better functioning of labour markets towards the development of a European labour market, EURES should also play a more prominent role in filling bottleneck vacancies and help particular groups of workers and employers by extending EURES to support targeted mobility activities at EU level, especially to encourage the exchange of young workers.

(12)	The opportunities afforded by the emerging information and communication technology tools for further enhancing and rationalising the services provided should be fully taken into account.

(13)	Any processing of personal data carried out within the framework of this Decision should be in accordance with EU and national law on the protection of personal data.

(14)	For the sake of clarity, it is advisable to once again re-establish the EURES network whilst defining more precisely its composition, constitution and functions.

(15)	The measures provided for in this Decision are in accordance with the opinion of the Advisory Committee on freedom of movement for workers,

HAS ADOPTED THIS DECISION:

Article 1

The EURES network

In order to fulfil the obligations laid down in Chapter II of Regulation (EU) No 492/2011 the Commission shall together with the Member States establish and operate a European network of employment services, designated EURES.

Article 2

Objectives

For the benefit of jobseekers, workers and employers, EURES shall promote, in cooperation as appropriate with other European services or networks:

(a)	the development of the European labour market open and accessible for all, fully respecting applicable labour standards and legal requirements;

(b)	the clearance and placement at the transnational, interregional and cross-border level through the exchange of vacancies and applications for employment, and participation in targeted mobility activities at EU level;

(c)	transparency and information exchange on the European labour markets, including on living and working conditions and on the opportunities for acquisition of skills;

(d)	the development of measures to encourage and facilitate mobility of young workers;

(e)	the exchange of information on traineeships and apprenticeships in the sense of Regulation (EU) No 492/2011 and, as appropriate, the placement of trainees and apprentices;

(f)	the development of methodologies and indicators for this purpose.

Article 3

Composition

EURES shall comprise the following categories:

(a)	the European Coordination Office for Coordinating the Clearance of Vacancies and Applications for Employment, in accordance with Articles 18, 19 and 20 of Regulation (EU) No 492/2011;

(b)	the EURES Members, which shall be the designated specialist services appointed by the Member States in accordance with Article 11(2) of Regulation (EU) No 492/2011 (‘National Coordination Offices’) as provided for in Article 5;

(c)

the EURES Partners, in accordance with Article 15(1) of Regulation (EU) No 492/2011). EURES Partners are designated by the respective EURES Member and may include public or private service providers active in the relevant field of placement and employment, and trades union and employer organisations. In order to qualify, a EURES Partner must undertake to fulfil the roles and responsibilities laid down in Article 7;

(d)	the Associated EURES Partners, which in accordance with Article 6 provide limited services under the supervision and responsibility of a EURES Partner or the European Coordination Office.

Article 4

Roles and responsibilities of the European Coordination Office

1. The Commission shall be responsible for managing the European Coordination Office.

2. The European Coordination Office shall oversee compliance with the provisions of Chapter II of Regulation (EU) No 492/2011 and shall assist the network in carrying out its activities.

3. It shall, in particular, undertake:

(a)

the formulation of a coherent overall approach and the provision of horizontal support for the benefit of the EURES network and its users such as:

(1)

operation and development of a European job mobility web portal (‘the EURES Portal’), and related IT services, including systems and procedures for the exchange of vacancies, applications for employment in the form of application letters, CVs, skills passports and the like, and other information, in cooperation with other relevant European services or networks;

(2)	information and communication activities regarding EURES;

(3)	training of staff involved in EURES;

(4)	facilitation of networking, exchange of best practice and mutual learning among EURES Members and Partners;

(5)	participation of EURES in targeted mobility activities at EU level;

(b)	the analysis of geographic and occupational mobility, in the light of the achievement of a balance between supply and demand, and the development of a general approach to mobility in accordance with the European Employment Strategy;

(c)	the overall monitoring and evaluation of EURES activity, the definition of performance, placement and other result indicators as well as actions to check that it is carried out in accordance with Regulation (EU) No 492/2011 and with this Decision.

4. It shall adopt its work programmes and the objectives for the EURES network in cooperation with the EURES Coordination Group and after consultation with the EURES Management Board.

Article 5

Roles and responsibilities of the National Coordination Offices

1. Each Member State shall designate a specialist service as provided for in Article 11(2) of Regulation (EU) No 492/2011 that shall be entrusted with organising the work of the EURES network in the respective Member State.

2. The National Coordination office shall ensure that all the obligations on the Member State laid down in Regulation (EU) No 492/2011, in particular those concerning exchange of information as provided for in Articles 12, 13 and 14, are fulfilled, by:

(a)	the setting up and maintenance of all technical and functional infrastructure and systems necessary to allow EURES Partners and Associated EURES Partners to participate in the exchange system;

(b)	the provision of the required information, by its own or by the EURES Partners under its responsibility.

3. It shall, in close cooperation with the European Coordination Office and the other National Coordination offices, in particular, undertake:

(a)	the appointment of one or several EURES Partners, based on the system for selection and accreditation provided for in Article 10(2)(b)(vii), and the supervision of their activities;

(b)	the planning and regular reporting on the activities and results of the national EURES network to the European Coordination Office;

(c)	the coordination of EURES participation in relevant targeted mobility activities at EU level.

4. When appointing EURES Partners the National Coordination Office shall endeavour to achieve best possible geographical outreach and labour market coverage, and an optimal service offered to jobseekers, workers and employers by ensuring an adequate participation of relevant employment services and labour market actors.

5. Based on commonly agreed operational objectives, the National Coordination office shall draw up work programmes for their national network to be submitted to the European Coordination office. The work programme shall in particular specify:

(a)

the main activities to be undertaken by the National Coordination Office, the EURES Partners and the Associated EURES Partners under its responsibility within the framework of the EURES network, including the transnational, cross-border and sectoral activities provided for in Article 15 of Regulation (EU) No 492/2011;

(b)	the human and financial resources allocated for the implementation of Chapter II of Regulation (EU) No 492/2011;

(c)	the arrangements for monitoring and evaluation of the activities planned.

The work programmes shall also include an assessment of the activities and results achieved during the previous period.

Social partners and other relevant EURES stakeholders shall be consulted on the work programmes at the appropriate level.

6. The National Coordination office may decide to provide EURES services itself directly to jobseekers and employers and shall in that respect be subject to the rules that apply to EURES Partners carrying out the same services. In such case the National Coordination office shall request the accreditation as a EURES Partner from the European Coordination Office.

7. Each Member States shall ensure that the National Coordination Office gets the staff and other resources necessary to carry out it tasks.

8. The National Coordination Office is headed by the National EURES Coordinator as foreseen in Article 10(2)(b)(iii).

Article 6

Roles and responsibilities of the EURES Partners

1. An organisation wishing to become a EURES Partner shall apply to its National Coordination Office, which may designate it in accordance with Article 3(b), provided that it undertakes to, under the supervision of the National Coordination office, cooperate at regional, national and European levels within the EURES network and to provide at least all universal services as referred to in Article 7.

2. A EURES Partner shall, by its own or in cooperation with other EURES Partners, designate one or several contact points, such as placement and recruitment offices, call centres, self-service tools and the like, whereby jobseekers, workers and employers can get access to its services.

3. A EURES Partner shall clearly indicate which services of the EURES Service Catalogue it offers. The level and content of the services may vary from one contact point to another as long as the service package as a whole of a EURES Partner includes all the universal services required.

4. All EURES Partners shall undertake to participate fully in the exchange of vacancies as well as applications for employment by jobseekers interested in working in another Member State, according to Article 13(a) and (b) of Regulation (EU) No 492/2011 and Article 4(a)(i) of this Decision. They shall ensure that all staff participating in the provision of EURES services has full access to the IT and other communication tools provided to the network.

5. A EURES Partner that does not provide a particular complementary service included in the EURES Service Catalogue shall ensure that requests for that service are referred to other EURES Partners that do offer that service.

6. A EURES Partner may entrust the provision of services that are adding value to its own services to another organisation. That organisation shall in this respect be considered an Associated EURES partner working under the full responsibility of the EURES Partner it is associated with.

7. To fulfil its role, a EURES Partner may establish partnerships with one or more EURES Partners in other Member States.

8. A EURES Partner or Associated EURES Partner may be required to contribute to the technical and functional infrastructure and systems referred to in Article 5(2)(a).

9. In order to maintain its accreditation a EURES Partner shall continue to fulfil its obligations and provide the services agreed, and undergo regular reviews as set out in the system for selection and accreditation provided for in Article 10(2)(b)(vii).

Article 7

EURES Services

1. The full range of EURES Services shall comprise recruitment, job matching and placement, covering all phases of placement from pre-recruitment preparation to post-placement assistance, and related information and advice.

2. They shall be further detailed in the EURES service Catalogue that shall be part of the EURES Charter as provided for in Article 10 and shall consist of the universal services provided by all EURES Partners and complementary services.

3. Universal services are those provided for in Chapter II of Regulation (EU) No 492/2011, in particular Article 12(3) and Article 13. Complementary services are not obligatory in the sense of Chapter II of Regulation (EU) No 492/2011, but fulfil important labour market needs.

4. All services to jobseekers and workers shall be free of charge. If EURES Partners charge any fees for services to other users, there shall be no differentiation between the fees levied for EURES services and those applicable to other comparable services provided by that EURES Partner. Any funding received from the European Union to support the provision of EURES services shall be taken into account when fixing charges so as to avoid any possible double financing.

Article 8

EURES Management Board

1. The EURES Management Board shall assist the Commission, its European Coordination Office and the National Coordination Offices in promoting and overseeing the development of EURES.

2. The Management Board shall be composed of one representative of each Member State.

3. Where necessary, if EURES activities in a Member State are funded by an EU financial instrument such as the European Social Fund, the national authority providing this funding may be associated.

4. Representatives of the European social partners’ organisations shall be invited to participate in the meetings of the Management Board as observers.

5. The Management Board shall establish its working methods and rules of procedure. As a general rule, it shall be convened twice a year by the chairperson. It shall deliver its opinions by simple majority.

6. The Management Board shall be chaired by a representative of the European Coordination office, which shall provide secretarial support.

7. The Commission shall consult the EURES Management Board on questions concerning the strategic planning, development, implementation, monitoring and evaluation of the services and activities referred to in this Decision, including:

(a)	the EURES Charter, in accordance with Article 10;

(b)	strategies, operational objectives and work programmes for the EURES network;

(c)	the Commission’s reports required by Article 17 of Regulation (EU) No 492/2011.

Article 9

EURES Coordination Group

1. In order to assist it in the development, implementation and monitoring of EURES activities, the European Coordination Office shall institute a Coordination Group composed of the National EURES Coordinators, each one representing a EURES Member. The European Coordination Office can invite representatives of the European social partners and, when appropriate, representatives of other EURES Partners and experts, to attend the meetings of the Coordination Group.

2. The Coordination Group shall actively participate in the preparation of the work programmes and the coordination of their implementation.

3. The Coordination Group may set up permanent or ad hoc working groups, in particular for the planning and implementation of horizontal support activities.

4. The European Coordination Office shall organise the work of the Coordination Group.

Article 10

EURES Charter

1. The Commission shall adopt the EURES Charter in accordance with the procedures set out in Articles 12(2), 13(2) and 19(1) and Article 20 of Regulation (EU) No 492/2011, after consultation of the EURES Management Board established by Article 8 of this Decision.

2. On the basis of the principle that all vacancies and applications for employment that are made public by any of the EURES Members must be accessible throughout the Union, the EURES Charter shall, in particular, establish:

(a)	the EURES Service Catalogue, describing the universal and complementary services to be rendered by the EURES Members and Partners, including job-matching services, such as personalised counselling and advice to customers, whether they be jobseekers, workers or employers;

(b)

the development of innovative transnational and cross-border cooperation between employment services such as common placement agencies, with a view to the improvement of the functioning of the labour markets, their integration and improved mobility. The cooperation may include social services, the social partners and other institutions concerned;

(c)	the promotion of coordinated monitoring and assessment of skills surpluses and shortages;

(d)

the operational objectives of the EURES network, the quality standards to be applied as well as the obligations of the EURES Members and Partners, which include:

(i)	the interoperability of relevant databases of job vacancies and applications for employment, with the EURES vacancy exchange mechanism and the service levels to apply;

(ii)

the kind of information, such as labour market information, information on living and working conditions, information on job offers and requests, information on traineeships and apprenticeships, measures to encourage youth mobility, acquisition of skills, and obstacles to mobility, which they have to supply to their customers and to the rest of the network, in cooperation with other relevant European services or networks;

(iii)

task descriptions and criteria for appointment of national coordinators, EURES advisers and other key personnel at national level;

(iv)	the training and qualifications required for EURES personnel and conditions and procedures for the organisation of visits and assignments for officials and specialised personnel;

(v)	the drawing up, submission to the European Coordination Office and execution of work programmes;

(vi)	the conditions governing the use of the EURES logo by the EURES Members and Partners;

(vii)

the system for selection and accreditation of EURES Partners;

(viii)

principles for monitoring and evaluating EURES activities;

(e)

procedures to set up a uniform system and common models for the exchange of labour market and mobility-related information within the EURES network, as provided for in Articles 12, 13 and 14 of Regulation (EU) No 492/2011, including information on jobs and on learning opportunities in the European Union to be incorporated into the EURES Portal.

Article 11

Promotion of EURES

1. EURES Members and Partners shall actively promote EURES.

2. They shall engage in an overall communications strategy designed to ensure the consistency and cohesion of the network vis-à-vis its users and take part in common information and promotion activities.

3. The acronym EURES shall be used exclusively for activities within EURES. It shall be illustrated by a standard logo, defined by a graphic design scheme, adopted by the European Coordination office.

4. The logo, registered as a Community Trade Mark at the Office for Harmonization in the Internal Market (OHIM), shall be used by the EURES Members and Partners in all their activities related to EURES to ensure a common visual identity.

Article 12

Cooperation with other services and networks

EURES Members and Partners shall actively collaborate with other European information and advisory services and networks at European, national and regional levels to achieve synergies and avoid overlaps.

Article 13

Repeal

Decision 2003/8/EC is hereby repealed. However, it shall continue to apply to operations in respect of which an application was submitted before the entry into force of this Decision.

Article 14

Date of application

This Decision shall apply from 1 January 2014.

Article 15

Addressees

This Decision is addressed to the Member States.

Done at Brussels, 26 November 2012.

For the Commission

László ANDOR

Member of the Commission

(1) OJ L 141, 27.5.2011, p. 1.

(2) OJ L 274, 6.11.1993, p. 32.

(3) OJ L 257, 19.10.1968, p. 2.

(4) OJ L 5, 10.1.2003, p. 16.

		ISSN 1977-0677 doi:10.3000/19770677.L_2012.328.eng
Official Journal of the European Union		L 328

English edition	Legislation	Volume 55 28 November 2012

Contents		I Legislative acts	page
		DECISIONS
	*	Decision No 1104/2012/EU of the European Parliament and of the Council of 21 November 2012 amending Council Decision 2008/971/EC to include forest reproductive material of the qualified category and to update the name of the authorities responsible for the approval and control of the production	1
	*	Decision No 1105/2012/EU of the European Parliament and of the Council of 21 November 2012 amending Council Decision 2003/17/EC by extending its period of application and by updating the names of a third country and of the authorities responsible for the approval and control of the production ( 1 )	4

	II Non-legislative acts
	REGULATIONS
*	Commission Regulation (EU) No 1106/2012 of 27 November 2012 implementing Regulation (EC) No 471/2009 of the European Parliament and of the Council on Community statistics relating to external trade with non-member countries, as regards the update of the nomenclature of countries and territories ( 1 )	7
	Commission Implementing Regulation (EU) No 1107/2012 of 27 November 2012 establishing the standard import values for determining the entry price of certain fruit and vegetables	16
	DECISIONS
	2012/730/EU
*	Council Decision of 20 November 2012 on the position to be taken on behalf of the European Union within the International Jute Study Group regarding the negotiation of new Terms of Reference beyond 2014	18
	2012/731/EU
*	Decision of the European Parliament and of the Council of 21 November 2012 on the mobilisation of the European Globalisation Adjustment Fund, in accordance with point 28 of the Interinstitutional Agreement of 17 May 2006 between the European Parliament, the Council and the Commission on budgetary discipline and sound financial management (application EGF/2012/003 DK/Vestas from Denmark)	19
	2012/732/EU
*	Decision of the European Parliament and of the Council of 21 November 2012 on the mobilisation of the European Globalisation Adjustment Fund, in accordance with point 28 of the Interinstitutional Agreement of 17 May 2006 between the European Parliament, the Council and the Commission on budgetary discipline and sound financial management (application EGF/2012/002 DE/manroland from Germany)	20
	2012/733/EU
*	Commission Implementing Decision of 26 November 2012 implementing Regulation (EU) No 492/2011 of the European Parliament and of the Council as regards the clearance of vacancies and applications for employment and the re-establishment of EURES (notified under document C(2012) 8548) ( 1 )	21

(EUR/100 kg)
CN code	Third country code (1)	Standard import value
0702 00 00	AL	44,1
	MA	50,0
	MK	37,4
	TN	73,5
	TR	64,0
	ZZ	53,8
0707 00 05	AL	64,5
	MA	141,4
	MK	58,4
	TR	89,6
	ZZ	88,5
0709 93 10	MA	88,6
	TR	100,6
	ZZ	94,6
0805 20 10	MA	76,3
0805 20 10	ZZ	76,3
0805 20 30 , 0805 20 50 , 0805 20 70 , 0805 20 90	CN	65,5
	HR	35,6
	TR	81,7
	ZZ	60,9
0805 50 10	AR	68,7
	TR	85,8
	ZA	49,1
	ZZ	67,9
0808 10 80	MK	38,5
	NZ	138,3
	US	125,4
	ZA	113,0
	ZZ	103,8
0808 30 90	CN	59,5
	TR	116,3
	US	136,8
	ZZ	104,2

		Corrigenda
	*	Corrigendum to Commission Implementing Decision 2012/119/EU of 10 February 2012 laying down rules concerning guidance on the collection of data and on the drawing up of BAT reference documents and on their quality assurance referred to in Directive 2010/75/EU of the European Parliament and of the Council on industrial emissions ( OJ L 63, 2.3.2012 )	27