ISSN 1977-0677

doi:10.3000/19770677.L_2013.062.eng

Official Journal

of the European Union

L 62

European flag  

English edition

Legislation

Volume 56
6 March 2013


Contents

 

II   Non-legislative acts

page

 

 

REGULATIONS

 

*

Commission Implementing Regulation (EU) No 185/2013 of 5 March 2013 providing for deductions from certain fishing quotas allocated to Spain in 2013 and subsequent years on account of overfishing of a certain mackerel quota in 2009

1

 

*

Commission Implementing Regulation (EU) No 186/2013 of 5 March 2013 entering a name in the register of protected designations of origin and protected geographical indications (Salame Felino (PGI))

4

 

*

Commission Implementing Regulation (EU) No 187/2013 of 5 March 2013 amending Implementing Regulation (EU) No 540/2011 as regards the conditions of approval of the active substance ethylene ( 1 )

10

 

*

Commission Implementing Regulation (EU) No 188/2013 of 5 March 2013 approving the active substance mandipropamid, in accordance with Regulation (EC) No 1107/2009 of the European Parliament and of the Council concerning the placing of plant protection products on the market, and amending the Annex to Commission Implementing Regulation (EU) No 540/2011 ( 1 )

13

 

*

Commission Implementing Regulation (EU) No 189/2013 of 5 March 2013 amending Regulation (EU) No 185/2010 in respect of the known consignor regime ( 1 )

17

 

*

Commission Implementing Regulation (EU) No 190/2013 of 5 March 2013 amending Implementing Regulation (EU) No 540/2011 as regards the conditions of approval of the active substance sodium hypochlorite ( 1 )

19

 

*

Commission Implementing Regulation (EU) No 191/2013 of 5 March 2013 amending Regulations (EC) No 798/2008, (EC) No 119/2009 and (EU) No 206/2010 and Decision 2000/572/EC as regards animal welfare attestation in the models of veterinary certificates ( 1 )

22

 

 

Commission Implementing Regulation (EU) No 192/2013 of 5 March 2013 establishing the standard import values for determining the entry price of certain fruit and vegetables

25

 

 

DECISIONS

 

 

2013/114/EU

 

*

Commission Decision of 1 March 2013 establishing the guidelines for Member States on calculating renewable energy from heat pumps from different heat pump technologies pursuant to Article 5 of Directive 2009/28/EC of the European Parliament and of the Council (notified under document C(2013) 1082)  ( 1 )

27

 

 

Corrigenda

 

*

Corrigendum to Commission Regulation (EU) No 51/2013 of 16 January 2013 amending Regulation (EC) No 152/2009 as regards the methods of analysis for the determination of constituents of animal origin for the official control of feed ( OJ L 20, 23.1.2013 )

36

 


 

(1)   Text with EEA relevance

EN

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

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


II Non-legislative acts

REGULATIONS

6.3.2013   

EN

Official Journal of the European Union

L 62/1


COMMISSION IMPLEMENTING REGULATION (EU) No 185/2013

of 5 March 2013

providing for deductions from certain fishing quotas allocated to Spain in 2013 and subsequent years on account of overfishing of a certain mackerel quota in 2009

THE EUROPEAN COMMISSION,

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

Having regard to Council Regulation (EC) No 1224/2009 of 20 November 2009 establishing a Community control system for ensuring compliance with the rules of the common fisheries policy, amending Regulations (EC) No 847/96, (EC) No 2371/2002, (EC) No 811/2004, (EC) No 768/2005, (EC) No 2115/2005, (EC) No 2166/2005, (EC) No 388/2006, (EC) No 509/2007, (EC) No 676/2007, (EC) No 1098/2007, (EC) No 1300/2008, (EC) No 1342/2008 and repealing Regulations (EEC) No 2847/93, (EC) No 1627/94 and (EC) No 1966/2006 (1), and in particular Article 105(4) thereof,

Whereas:

(1)

A fishing quota for mackerel in ICES zones VIIIc, IX and X and in the EU waters of CECAF zone 34.1.1 was allocated to Spain for 2009 by Council Regulation (EC) No 43/2009 (2).

(2)

The mackerel fishing quota for 2009 was reduced following exchanges made by Spain with France and Poland, pursuant to Article 20(5) of Council Regulation (EC) No 2371/2002 of 20 December 2002 on the conservation and sustainable exploitation of fisheries resources under the Common Fisheries Policy (3).

(3)

The Commission detected inconsistencies in the Spanish data about the mackerel fishery in 2009 by crosschecking such data as they had been recorded and reported at different stages of the value chain, from catch to first sale. The existence of those inconsistencies was further corroborated through the conduct of several audits, verification missions and inspections in Spain in accordance with Regulation (EC) No 1224/2009.

(4)

The Commission engaged a consultation with Spain on the intended deductions by means of a letter dated 28 November 2011, to which the Spanish authorities replied by letter of 19 December 2011.

(5)

Spain acknowledged that it had exceeded its mackerel quota in the year 2009 by 65 429 tonnes.

(6)

According to Article 2 of Regulation (EC) No 2371/2002, the common fisheries policy shall ensure an exploitation of living aquatic resources that provides sustainable economic, environmental and social conditions.

(7)

Given the level of the overfishing and considering the need to take account of the socioeconomic situation of both the fishing sector and the associated processing industry of the concerned Member State and to limit as much as possible the negative impact on both sectors, it is appropriate to deduct quantities fished in excess over a period of at least 11 years.

(8)

Considering that Commission Regulation (EU) No 165/2011 (4) provides for other deductions from fishing quotas allocated to Spain for mackerel until 2015, it is appropriate to fix a smaller deduction amount during the overlapping years, i.e. from 2013 to 2015.

(9)

Additionally, in order to avoid social and economic consequences for both the fishing sector concerned and the associated processing industry, as from 2016 the quantities deducted in any one year should not exceed 33 % of the annual mackerel quota. Where the quantity to be deducted exceeds 33 % of the annual mackerel quota, this Regulation should be amended to reduce the annual quantity to be deducted while extending the deduction period accordingly.

(10)

Spain has requested to operate part of the deduction from its anchovy quotas in the same area over the same period. The mackerel stock in question is currently within safe biological limits. The anchovy stock in zone VIII is exploited at a rate that is consistent with producing the highest catch from the stock in the long term but is subject to large fluctuations and would in the long term benefit from temporary reductions on its exploitation. The main fishery for this mackerel stock (nearly 90 % of the catches) takes place in ICES zone VIIIc from February to May, and the anchovy stock in zone VIII is fished in the same area (VIIIc) from April to June. Mackerel and anchovy are pelagic fish that occur in mid water. It can be concluded that both these stocks are in the same geographical area and share the same ecosystem. Therefore, and taking into consideration the objectives of the common fisheries policy, it is considered appropriate in this particular case to operate part of the necessary deductions from the anchovy quotas allocated to Spain in the same area over the same period.

(11)

The measures provided for in this Regulation are in accordance with the opinion of the Committee for Fisheries and Aquaculture,

HAS ADOPTED THIS REGULATION:

Article 1

The fishing quotas for mackerel (Scomber scombrus) in ICES zones VIIIc, IX and X and EU waters of CECAF zone 34.1.1 and for anchovy (Engraulis encrasicolus) in ICES zone VIII that may be allocated to Spain in the years from 2013 to 2023 shall be reduced as shown in the Annex.

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 Brussels, 5 March 2013.

For the Commission

The President

José Manuel BARROSO


(1)   OJ L 343, 22.12.2009, p. 1.

(2)   OJ L 22, 26.1.2009, p. 1.

(3)   OJ L 358, 31.12.2002, p. 59.

(4)   OJ L 48, 23.2.2011, p. 11.


ANNEX

(in tonnes)

Stock

Initial quota 2009

Adapted quota 2009

Established catches 2009

Difference quota-catches (over-fishing)

Deduction 2013

Deduction 2014

Deduction 2015

Deduction 2016

Deduction 2017

Deduction 2018

Deduction 2019

Deduction 2020

Deduction 2021

Deduction 2022

Deduction 2023

MAC8C

3411

29 529

25 525

90 954

–65 429

100

100

100

5 544

5 544

5 544

5 544

5 544

5 544

5 544

269

ANE08 (1)

 

 

 

 

 

 

 

3 696

3 696

3 696

3 696

3 696

3 696

3 696

180


(1)  For anchovy, the year should be understood as the fishing season starting in that year.


6.3.2013   

EN

Official Journal of the European Union

L 62/4


COMMISSION IMPLEMENTING REGULATION (EU) No 186/2013

of 5 March 2013

entering a name in the register of protected designations of origin and protected geographical indications (Salame Felino (PGI))

THE EUROPEAN COMMISSION,

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

Having regard to Regulation (EU) No 1151/2012 of the European Parliament and of the Council of 21 November 2012 on quality schemes for agricultural products and foodstuffs (1), and in particular Article 52(3)(b) thereof,

Whereas:

(1)

In accordance with Article 6(2) of Council Regulation (EC) No 510/2006 of 20 March 2006 on the protection of geographical indications and designations of origin for agricultural products and foodstuffs (2), Italy’s application to register the name ‘Salame Felino’ was published in the Official Journal of the European Union (3).

(2)

Pursuant to Article 7 of Regulation (EC) No 510/2006, statements of objection substantiated under Article 7(3)(a), (c) and (d) of that Regulation were notified to the Commission by Belgium, Germany and the Netherlands. In its letter of 27 September 2011 the Commission invited the interested parties to engage in appropriate consultations.

(3)

At the end of the appropriate consultation period Belgium and the Netherlands reached an agreement with Italy. Under that agreement the qualitative description of the raw materials was amended to include a reference to the classification set out in the carcass definition table contained in Annex V to Council Regulation (EC) No 1234/2007 (4), the geographical limitation of slicing and packaging operations was removed and a number of minor textual amendments made.

(4)

No agreement was, however, reached between Germany and Italy during the appropriate consultation period.

(5)

Given that no agreement was reached between all the parties within a timeframe of six months, the Commission must adopt a decision.

(6)

Germany’s objection related to non-compliance with Article 5(2) of Commission Regulation (EC) No 1898/2006 (5) concerning the origin of the raw materials. It should be noted that the registration application places no geographical restriction on such origins, as confirmed by the amendment proposed by Italy based on the agreement reached with Belgium and the Netherlands.

(7)

The objector also maintained that the requirement that ‘a specific quality, reputation or other characteristics [be] attributable to that geographical origin’ is not met. As Italy based its application for registration as a geographical indication on the reputation acquired by ‘Salame Felino’, the file followed this line of argument. The objector, it should be noted, neither disputes nor presents any argument casting doubt on that reputation. The conditions laid down in Article 2 of Regulation (EC) No 510/2006 have therefore been fulfilled.

(8)

As no evidence has been adduced in support of Germany’s third ground for objection, namely that the name proposed for registration is a generic name, the generic nature has by no means been established.

(9)

In its statement of objection and further to the appropriate consultations, Belgium cited Article 7(3)(c) of Regulation (EC) No 510/2006, under which statements of objection are admissible if they ‘show that the registration of the name proposed would jeopardise […] the existence of products which have been legally on the market for at least five years preceding the date of the publication provided for in Article 6(2)’. A transitional period of up to five years may in this case be permitted where a statement of objection has been declared admissible on these grounds. Belgium’s statement of objection refers to the undertakings Reulen bvba and Salaisons Salamone SA and demonstrates that they produce and market a Felino-type salami.

(10)

In the light of the above, the name should therefore be registered, the amended single document published and a five-year transitional period introduced in favour of the above undertakings.

(11)

The measures provided for in this Regulation are in accordance with the opinion of the Standing Committee on Protected Geographical Indications and Protected Designations of Origin,

HAS ADOPTED THIS REGULATION:

Article 1

The name contained in Annex I to this Regulation shall be entered in the register.

Article 2

A transitional period of five years shall be established in favour of the undertakings Reulen bvba and Salaisons Salamone SA referred to in Belgium’s statement of objection.

Article 3

The amended single document is contained in Annex II to this Regulation.

Article 4

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

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

Done at Brussels, 5 March 2013.

For the Commission

The President

José Manuel BARROSO


(1)   OJ L 343, 14.12.2012, p. 1.

(2)   OJ L 93, 31.3.2006, p. 12.

(3)   OJ C 19, 20.1.2011, p. 11.

(4)   OJ L 299, 16.11.2007, p. 1.

(5)   OJ L 369, 23.12.2006, p. 1.


ANNEX I

Agricultural products listed in Annex I to the Treaty, intended for human consumption:

Class 1.2:   Meat products (cooked, salted, smoked, etc.)

ITALY

Salame Felino (PGI)


ANNEX II

SINGLE DOCUMENT

COUNCIL REGULATION (EC) No 510/2006 (*1)

‘SALAME FELINO’

EC No: IT-PGI-0005-0597-11.04.2007

PGI (X) PDO ( )

1.   Name

‘Salame Felino’

2.   Member State or third country

Italy

3.   Description of the agricultural product or foodstuff

3.1.   Type of product

Class 1.2:

Meat products (cooked, salted, smoked, etc.)

3.2.   Description of product to which the name in (1) applies

When released for consumption, ‘Salame Felino’ PGI must be cylindrical, with one end fatter than the other. Its outer surface must be of a whitish/greyish colour and slightly powdery owing to the surface development of a small quantity of indigenous mould.

‘Salame Felino’ PGI must have the following characteristics:

weight: between 200 g and 4,5 kg;

size: irregular cylindrical shape, between 15 cm and 130 cm long;

organoleptic characteristics: when cut, the slices must be firm but not springy; they must be homogeneous and lean, ruby red in colour, free of blemishes, and have a mild and delicate flavour;

chemical and chemico-physical characteristics:

total protein

min. 23 %

collagen/protein ratio

max. 0,10

water/protein ratio

max. 2,00

fat/protein ratio

max. 1,50

pH

> 5,3

total lactobacilli

> 100 000

3.3.   Raw materials (for processed products only)

‘Salame Felino’ PGI is produced from pig meat in the manner described below:

the animals used must be purebred pigs of the basic traditional Large White and Landrace breeds or animals derived from those breeds, as well as improved types as listed in the Italian Herd Book;

also allowed are animals derived from the Duroc breed, as well as improved types as listed in the Italian Herd Book;

animals of other breeds, crossbred or hybrid, are also allowed, provided that their carcasses come under classes U, R or O, as defined in the pig carcass classification table in Annex V to Regulation (EC) No 1234/2007, as amended;

in line with tradition, animals carrying unfavourable traits, and in particular susceptibility to stress (PSS), are in any case not permitted; nowadays, such traits can be objectively detected in animals post mortem and in cured products;

purebred Belgian Landrace, Hampshire, Pietrain, Duroc and Spotted Poland animals are in any case not permitted;

the genetic types used must allow the achievement of high weights and good yields and, in any case, an average live weight per animal of 160 kg +/– 10 %;

the minimum age at slaughter is nine months;

boars and sows must not be used;

the pigs must be slaughtered in an optimum state of health and completely bled;

the cuts of meat used to produce ‘Salame Felino’ PGI must be pieces of choice muscle or fat tissue such as the forward part of the belly (testa di pancetta) and/or minced meat from under the shoulder (trito di banco (sottospalla)). The meat used must not have undergone any freezing.

The muscle and fat tissue must be carefully cleaned, with the soft adipose tissue and larger pieces of connective matter being removed.

The meat (muscle and fat tissue) used for ‘Salame Felino’ PGI must be put into a cold store at a temperature of not less than – 1 °C and arranged in such a way as to allow the muscle tissue to dry out well.

The mix must be minced using a meat grinder (fitted with perforated plates with 6-8 mm holes).

The meat must then be mixed with salt (2-2,8 %), whole pepper and/or pepper pieces (0,03-0,06 %) and ground garlic.

Use may also be made of:

dry white wine, up to a maximum of 400 cl per 100 kg of meat, so as to accentuate the aroma and flavour;

sugar and/or dextrose and/or fructose: 0-0,3 %;

fermentation starter cultures: such starter cultures must be used in line with best practice, taking into consideration the specific characteristics of the starter cultures for ‘Salame Felino’. Their function is to develop the product’s aroma and flavour through their lipolytic and proteolytic effect, stabilising the colour and limiting acidification;

sodium and/or potassium nitrate (maximum 300 mg/kg), sodium and/or potassium nitrite (maximum 150 mg/kg), ascorbic acid and its sodium salt (maximum 1 g/kg).

3.4.   Feed (for products of animal origin only)

Marketed feed must comply with trade standards. The feed should preferably be in liquid form (swill or mash), and is traditionally mixed with whey. For the feed permitted for animals up to 80 kg live weight, the dry matter content from grain must not be less than 45 % of the total. For the feed permitted during the fattening stage, the dry matter from grain must not be less than 55 % of the total.

3.5.   Specific steps in production that must take place in the defined geographical area

The specific steps in production are:

mincing with a meat grinder;

mixing the mince and the added salt, pepper and garlic; wine, sugars, fermentation starter cultures, sodium or potassium nitrate, sodium or potassium nitrite and ascorbic acid and its sodium salt may also be used;

filling the mix into natural hog casing;

tying with twine (not netted);

drying and curing.

3.6.   Specific rules concerning slicing, grating, packaging, etc.

‘Salame Felino’ must be sliced and packaged under the surveillance of the authorised body in line with the provisions of the monitoring plan.

Indeed, owing to the delicate nature of the product, and because the slicing and packaging stages are potentially harmful, it is essential that the period during which the slices remain in contact with the air is as short as possible, so as to prevent them taking on a brown colour.

3.7.   Specific rules concerning labelling

‘Salame Felino’ PGI may be released for consumption either whole, with only the label and possibly the seal; thickly cut, in vacuum packs or in a protective atmosphere; or sliced, in vacuum packs or in a protective atmosphere.

The name ‘Salame Felino’ followed by the wording ‘Protected Geographical Indication’ or the abbreviation ‘PGI’ (translated into the language in which the product is being marketed) must be affixed to the label or, where relevant, the seal, in clear, indelible characters that can be easily distinguished from any other writing on the label/seal, followed by the Community graphic symbol and the company mark.

4.   Concise definition of the geographical area

The ‘Salame Felino’ PGI production area is the administrative territory of the Province of Parma.

5.   Link with the geographical area

5.1.   Specificity of the geographical area

The ‘Salame Felino’ PGI production area, which covers the whole Province of Parma, is marked by the presence of both hilly and flat areas, as well as lakes and salt mines.

The geographical area was defined by making reference to an in-depth historical reconstruction of the production practices that gave rise to the creation of this typical product. These practices are linked to the age-old traditions of pork butchery and curing which have been facilitated by the presence, since antiquity, of salt mines and distinctive climatic conditions resulting from the presence of specific levels of humidity, exposure to marine air currents and the concentration of large wooded areas.

In the Parma hills, it has always been possible to combine the techniques of the plain with the salt of Salsomaggiore.

The phrase ‘techniques of the plain’ means those methods for processing and curing pig meat that developed as far back as the Etruscan and Roman period owing to the presence of pig farms dedicated, among other things, to supplying food for the Roman legions. In the hills around the plain, these techniques were combined with the opportunity to make easier use of the salt from the Salsomaggiore mines as a result of the hills being the traditional focal point for processing the salt, which, being a precious substance, was processed in areas that were located far from communication routes and were thus more secure from possible raids.

Indeed, because of the presence of these salt mines, the salting and processing of pig meat has, since 1300, led to the manufacture of products that are recognised at both national and international level.

5.2.   Specificity of the product

‘Salame Felino’ PGI differs from other products in the same commercial category owing to its firmness and non-springy consistency, its uniformity, and its ruby red colour. Its flavour is mild and delicate.

Unlike the vast majority of salamis on the market, ‘Salame Felino’ is packed exclusively in natural casings (i.e. never synthetic ones). It is free of lactose and powdered milk and has a moderately high pH, with the resultant improvement in the organoleptic qualities.

5.3.   Causal link between the geographical area and the quality or characteristics of the product (for PDO) or a specific quality, the reputation or other characteristic of the product (for PGI)

‘Salame Felino’ PGI’s reputation is attested to by a copious bibliography of references and citations.

The first references date back as far as certain Latin authors of the 1st century AD (Apicus — De re coquinaria).

‘Salame Felino’ was well known in the courts that subsequently established themselves in the capital, from the Farnese to the Bourbons to Duchess Marie Louise.

The oldest depiction of the product seems to be found in the decoration of the interior of the Baptistery of Parma (1196-1307). On the frieze slab dedicated to the Aquarius sign of the zodiac, two salamis can be seen at the hearth on a rotating saucepan stand. These salamis are of a size and shape that can still be found today and are the same as those of ‘Salame Felino’ PGI.

A 1766 census of the pig population revealed that the Marquisate of Felino was the most lively pig market in the district. Dating from the same period are price lists for the Felino area quoting prices for lean and fatty salami. Reports of customs and culinary traditions for the early 19th century reveal that there was a distinctive method of processing pig meat into salami in the area around the town of Felino.

The entry ‘Salame Felino’ appeared in the Italian dictionary in 1905 and, in 1912, the production of salami in Felino was examined in the Ministry of Agriculture’s report on economic performance for the year.

Since 1927, the relevant local public institutions have granted salami produced in the Province of Parma the name ‘Salame Felino’. Indeed, this name must obviously have already enjoyed particular renown and reputation, and thus been particularly recognisable, if the Office and Provincial Council of the National Economy felt that promoting its commercial use was a means of boosting the prosperity of the province. Still today, the fact that the production of ‘Salame Felino’ is rooted in the territory of the Province of Parma can be seen through research and studies into the area’s gastronomic culture. Indeed, many reviews have linked ‘Salame Felino’ to the province’s gastronomy, citing it as one of Parma’s most highly appreciated sausage meat products, the quality of which is inextricably linked to the centuries-old tradition that developed and is maintained unchanged only in the valleys of the Province of Parma. To this should be added the many events that continue to be organised both in Italy and abroad by both the local and the provincial authorities of Parma in honour of ‘Salame Felino’, with stands being set up to offer tastings and information material on the characteristics of the product and its historical production in the Province of Parma.

Reference to publication of the specification

(Article 5(7) of Regulation (EC) No 510/2006)

The Ministry referred to below launched the national objection procedure with the publication of the proposal for recognising the protected geographical indication ‘Salame Felino’ in the Official Gazette of the Italian Republic.

The full text of the product specification is available:

at the following site:

http://www.politicheagricole.it/flex/cm/pages/ServeBLOB.php/L/IT/IDPagina/3335

or

by going directly to the home page of the Ministry of Agriculture, Food and Forestry Policy (www.politicheagricole.it) and clicking on ‘Prodotti di Qualità’ (on the left of the screen) and then on ‘Disciplinari di Produzione all’esame dell’UE (Reg CE 510/2006)’.


(*1)  Replaced by Regulation (EU) No 1151/2012 of the European Parliament and of the Council of 21 November 2012 on quality schemes for agricultural products and foodstuffs.


6.3.2013   

EN

Official Journal of the European Union

L 62/10


COMMISSION IMPLEMENTING REGULATION (EU) No 187/2013

of 5 March 2013

amending Implementing Regulation (EU) No 540/2011 as regards the conditions of approval of the active substance ethylene

(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 1107/2009 of the European Parliament and of the Council of 21 October 2009 concerning the placing of plant protection products on the market and repealing Council Directives 79/117/EEC and 91/414/EEC (1), and in particular Article 13(2)(c) thereof,

Whereas:

(1)

The active substance ethylene was included in Annex I to Council Directive 91/414/EEC (2) by Commission Directive 2008/127/EC (3) in accordance with the procedure provided for in Article 24b of Commission Regulation (EC) No 2229/2004 of 3 December 2004 laying down further detailed rules for the implementation of the fourth stage of the programme of work referred to in Article 8(2) of Council Directive 91/414/EEC (4). Since the replacement of Directive 91/414/EEC by Regulation (EC) No 1107/2009, this substance is deemed to have been approved under that Regulation and is listed in Part A of the Annex to Commission Implementing Regulation (EU) No 540/2011 of 25 May 2011 implementing Regulation (EC) No 1107/2009 of the European Parliament and of the Council as regards the list of approved active substances (5).

(2)

In accordance with Article 25a of Regulation (EC) No 2229/2004, the European Food Safety Authority, hereinafter ‘the Authority’, presented to the Commission its view on the draft review report for ethylene (6) on 16 December 2011. The Authority communicated its view on ethylene to the notifier. The Commission invited it to submit comments on the draft review report for ethylene. The draft review report and the view of the Authority were reviewed by the Member States and the Commission within the Standing Committee on the Food Chain and Animal Health and finalised on 1 February 2013 in the format of the Commission review report for ethylene.

(3)

It is confirmed that the active substance ethylene is to be deemed to have been approved under Regulation (EC) No 1107/2009.

(4)

In accordance with Article 13(2) of Regulation (EC) No 1107/2009 in conjunction with Article 6 thereof and in the light of current scientific and technical knowledge, it is necessary to amend the conditions of approval of ethylene. In particular, it is appropriate to modify the requested minimum purity level and to restrict the authorisations to indoor uses by professional users. Furthermore, when the Member States grant authorisations for plant protection products containing ethylene, they shall pay particular attention to the protection of operators, workers and bystanders and to the compliance of ethylene with the required specifications, irrespective of the form in which it is supplied to the user.

(5)

The Annex to Implementing Regulation (EU) No 540/2011 should therefore be amended accordingly.

(6)

A reasonable period of time should be allowed before the application of this Regulation in order to allow Member States, the notifier and holders of authorisations for plant protection products containing ethylene to meet the requirements resulting from amendment to the conditions of the approval.

(7)

The measures provided for in this Regulation are in accordance with the opinion of the Standing Committee on the Food Chain and Animal Health,

HAS ADOPTED THIS REGULATION:

Article 1

Part A of the Annex to Implementing Regulation (EU) No 540/2011 is amended in accordance with the Annex to this Regulation.

Article 2

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

It shall apply from 1 February 2014.

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

Done at Brussels, 5 March 2013.

For the Commission

The President

José Manuel BARROSO


(1)   OJ L 309, 24.11.2009, p. 1.

(2)   OJ L 230, 19.8.1991, p. 1.

(3)   OJ L 344, 20.12.2008, p. 89.

(4)   OJ L 379, 24.12.2004, p. 13.

(5)   OJ L 153, 11.6.2011, p. 1.

(6)  European Food Safety Authority; Conclusion on the peer review of the pesticide risk assessment of the active substance ethylene. EFSA Journal 2012;10(1):2508. [43 pp.] doi:10.2903/j.efsa.2012.2508. Available online: www.efsa.europa.eu/efsajournal


ANNEX

In Part A of the Annex to Implementing Regulation (EU) No 540/2011, row 227 on the active substance ethylene is replaced by the following:

Number

Common Name, Identification Numbers

IUPAC Name

Purity (1)

Date of approval

Expiration of approval

Specific provisions

‘227

Ethylene

CAS No 74-85-1

CIPAC No 839

Ethylene

≥ 90 %

Relevant impurity: ethylene oxide, max content 1 mg/kg

1 September 2009

31 August 2019

PART A

Only indoor uses as plant growth regulator by professional users may be authorised.

PART B

For the implementation of the uniform principles as referred to in Article 29(6) of Regulation (EC) No 1107/2009, the conclusions of the review report on ethylene (SANCO/2608/2008) and in particular Appendices I and II thereof, as finalised in the Standing Committee on the Food Chain and Animal Health on 1 February 2013, shall be taken into account.

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

(a)

the compliance of ethylene with the required specifications, irrespective of the form in which it is supplied to the user;

(b)

the protection of operators, workers and bystanders.

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


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


6.3.2013   

EN

Official Journal of the European Union

L 62/13


COMMISSION IMPLEMENTING REGULATION (EU) No 188/2013

of 5 March 2013

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

(Text with EEA relevance)

THE EUROPEAN COMMISSION,

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

Having regard to Regulation (EC) No 1107/2009 of the European Parliament and of the Council of 21 October 2009 concerning the placing of plant protection products on the market and repealing Council Directives 79/117/EEC and 91/414/EEC (1), and in particular Article 13(2) and Article 78(2) thereof,

Whereas:

(1)

In accordance with Article 80(1)(a) of Regulation (EC) No 1107/2009, Council Directive 91/414/EEC (2) is to apply, with respect to the procedure and the conditions for approval, to active substances for which a decision has been adopted in accordance with Article 6(3) of that Directive before 14 June 2011. For mandipropamid the conditions of Article 80(1)(a) of Regulation (EC) No 1107/2009 are fulfilled by Commission Decision 2006/589/EC (3).

(2)

In accordance with Article 6(2) of Directive 91/414/EEC Austria received on 13 December 2005 an application from Syngenta Crop Protection AG for the inclusion of the active substance mandipropamid in Annex I to Directive 91/414/EEC. Decision (2006/589/EC) confirmed that the dossier was ‘complete’ in the sense that it could be considered as satisfying, in principle, the data and information requirements of Annexes II and III to Directive 91/414/EEC.

(3)

For that active substance, the effects on human and animal health and the environment have been assessed, in accordance with the provisions of Article 6(2) and (4) of Directive 91/414/EEC, for the uses proposed by the applicant. The designated rapporteur Member State submitted a draft assessment report on 30 November 2006.

(4)

The draft assessment report was reviewed by the Member States and the European Food Safety Authority (hereinafter ‘the Authority’). The Authority presented to the Commission its conclusion on the review of the pesticide risk assessment of the active substance mandipropamid (4) on 18 October 2012. The draft assessment report and the conclusion of the Authority were reviewed by the Member States and the Commission within the Standing Committee on the Food Chain and Animal Health and was finalised on 1 February 2013 in the format of the Commission review report for mandipropamid.

(5)

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

(6)

In accordance with Article 13(2) of Regulation (EC) No 1107/2009 in conjunction with Article 6 thereof and in the light of current scientific and technical knowledge, it is, however, necessary to include certain conditions and restrictions. It is, in particular, appropriate to require further confirmatory information.

(7)

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

(8)

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

(9)

The experience gained from inclusions in Annex I to Directive 91/414/EEC of active substances assessed in the framework of Commission Regulation (EEC) No 3600/92 of 11 December 1992 laying down the detailed rules for the implementation of the first stage of the programme of work referred to in Article 8(2) of Council Directive 91/414/EEC concerning the placing of plant protection products on the market (5) has shown that difficulties can arise in interpreting the duties of holders of existing authorisations in relation to access to data. In order to avoid further difficulties it therefore appears necessary to clarify the duties of the Member States, especially the duty to verify that the holder of an authorisation demonstrates access to a dossier satisfying the requirements of Annex II to that Directive. However, this clarification does not impose any new obligations on Member States or holders of authorisations compared to the Directives which have been adopted until now amending Annex I to that Directive or the Regulations approving active substances.

(10)

In accordance with Article 13(4) of Regulation (EC) No 1107/2009, the Annex to Commission Implementing Regulation (EU) No 540/2011 of 25 May 2011 implementing Regulation (EC) No 1107/2009 of the European Parliament and of the Council as regards the list of approved active substances (6) should be amended accordingly.

(11)

The measures provided for in this Regulation are in accordance with the opinion of the Standing Committee on the Food Chain and Animal Health,

HAS ADOPTED THIS REGULATION:

Article 1

Approval of active substance

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

Article 2

Re-evaluation of plant protection products

1.   Member States shall in accordance with Regulation (EC) No 1107/2009, where necessary, amend or withdraw existing authorisations for plant protection products containing mandipropamid as an active substance by 31 January 2014.

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

2.   By way of derogation from paragraph 1, for each authorised plant protection product containing mandipropamid as either the only active substance or as one of several active substances, all of which were listed in the Annex to Implementing Regulation (EU) No 540/2011 by 31 July 2013 at the latest, Member States shall re-evaluate the product in accordance with the uniform principles, as referred to in Article 29(6) of Regulation (EC) No 1107/2009, on the basis of a dossier satisfying the requirements of Annex III to Directive 91/414/EEC and taking into account the column on specific provisions of Annex I to this Regulation. On the basis of that evaluation, they shall determine whether the product satisfies the conditions set out in Article 29(1) of Regulation (EC) No 1107/2009.

Following that determination Member States shall:

(a)

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

(b)

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

Article 3

Amendments to Implementing Regulation (EU) No 540/2011

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

Article 4

Entry into force and date of application

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

It shall apply from 1 August 2013.

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

Done at Brussels, 5 March 2013.

For the Commission

The President

José Manuel BARROSO


(1)   OJ L 309, 24.11.2009, p. 1.

(2)   OJ L 230, 19.8.1991, p. 1.

(3)   OJ L 240, 9.9.2006, p. 9.

(4)   EFSA Journal 2012; 10(11):2935. Available online: www.efsa.europa.eu

(5)   OJ L 366, 15.12.1992, p. 10.

(6)   OJ L 153, 11.6.2011, p. 1.


ANNEX I

Common name, identification numbers

IUPAC name

Purity (1)

Date of approval

Expiration of approval

Specific provisions

Mandipropamid

CAS No 374726-62-2

CIPAC No 783

(RS)-2-(4-chlorophenyl)-N-[3-methoxy-4-(prop-2-ynyloxy)phenethyl]-2-(prop-2-ynyloxy)acetamide

≥ 930 g/kg

The impurity N-{2-[4-(2-chloro-allyloxy)-3-methoxy-phenyl]-ethyl}-2-(4-chloro-phenyl)-2-prop-2-ynyloxy-acetamide is of toxicological relevance and shall not exceed 0,1 g/kg in the technical material.

1 August 2013

31 July 2023

For the implementation of the uniform principles as referred to in Article 29(6) of Regulation (EC) No 1107/2009, the conclusions of the review report on mandipropamid, and in particular Appendices I and II thereof, as finalised in the Standing Committee on the Food Chain and Animal Health on 1 February 2013 shall be taken into account.

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

The applicant shall submit confirmatory information as regards the potential for preferential enantiomeric transformation or racemisation of mandipropamid at the soil surface as a result of soil photolysis.

The applicant shall submit to the Commission, the Member States and the Authority that information by 31 July 2015.


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


ANNEX II

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

Number

Common Name, Identification Numbers

IUPAC Name

Purity (*1)

Date of approval

Expiration of approval

Specific provisions

‘34

Mandipropamid

CAS No 374726-62-2

CIPAC No 783

(RS)-2-(4-chlorophenyl)-N-[3-methoxy-4-(prop-2-ynyloxy)phenethyl]-2-(prop-2-ynyloxy)acetamide

≥ 930 g/kg

The impurity N-{2-[4-(2-chloro-allyloxy)-3-methoxy-phenyl]-ethyl}-2-(4-chloro-phenyl)-2-prop-2-ynyloxy-acetamide is of toxicological relevance and shall not exceed 0,1 g/kg in the technical material.

1 August 2013

31 July 2023

For the implementation of the uniform principles as referred to in Article 29(6) of Regulation (EC) No 1107/2009, the conclusions of the review report on mandipropamid, and in particular Appendices I and II thereof, as finalised in the Standing Committee on the Food Chain and Animal Health on 1 February 2013 shall be taken into account.

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

The applicant shall submit confirmatory information as regards the potential for preferential enantiomeric transformation or racemisation of mandipropamid at the soil surface as a result of soil photolysis.

The applicant shall submit to the Commission, the Member States and the Authority that information by 31 July 2015’.


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


6.3.2013   

EN

Official Journal of the European Union

L 62/17


COMMISSION IMPLEMENTING REGULATION (EU) No 189/2013

of 5 March 2013

amending Regulation (EU) No 185/2010 in respect of the known consignor regime

(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 300/2008 of the European Parliament and of the Council of 11 March 2008 on common rules in the field of civil aviation security and repealing Regulation (EC) No 2320/2002 (1), and in particular Article 4(3) thereof,

Whereas:

(1)

Commission Regulation (EU) No 185/2010 (2) lays down a transitional period for the implementation of the requirements regarding the approval of known consignors. For reasons of simplification, it is necessary to harmonise this date with other dates in this Regulation.

(2)

Regulation (EU) No 185/2010 should therefore be amended accordingly.

(3)

The measures provided for in this Regulation are in accordance with the opinion of the Committee on Civil Aviation Security set up by Article 19(1) of Regulation (EC) No 300/2008,

HAS ADOPTED THIS REGULATION:

Article 1

The Annex to Regulation (EU) No 185/2010 is amended in accordance with the Annex to this Regulation.

Article 2

This Regulation shall enter into force on the date 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, 5 March 2013.

For the Commission

The President

José Manuel BARROSO


(1)   OJ L 97, 9.4.2008, p. 72.

(2)   OJ L 55, 5.3.2010, p. 1.


ANNEX

In Chapter 6 of the Annex to Regulation (EU) No 185/2010 point 6.4.1.2(d) is replaced by the following:

‘(d)

where a known consignor has been approved before 29 April 2010 to ensure that the requirements covered by point 6.4.2 were met, it may be considered as a known consignor for the purposes of Regulation (EC) No 300/2008 and its implementing acts until 28 April 2013;’.


6.3.2013   

EN

Official Journal of the European Union

L 62/19


COMMISSION IMPLEMENTING REGULATION (EU) No 190/2013

of 5 March 2013

amending Implementing Regulation (EU) No 540/2011 as regards the conditions of approval of the active substance sodium hypochlorite

(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 1107/2009 of the European Parliament and of the Council of 21 October 2009 concerning the placing of plant protection products on the market and repealing Council Directives 79/117/EEC and 91/414/EEC (1), and in particular Article 13(2)(c)thereof,

Whereas:

(1)

The active substance sodium hypochlorite was included in Annex I to Council Directive 91/414/EEC (2) by Commission Directive 2008/127/EC (3) in accordance with the procedure provided for in Article 24b of Commission Regulation (EC) No 2229/2004 of 3 December 2004 laying down further detailed rules for the implementation of the fourth stage of the programme of work referred to in Article 8(2) of Council Directive 91/414/EEC (4). Since the replacement of Directive 91/414/EEC by Regulation (EC) No 1107/2009, this substance is deemed to have been approved under that Regulation and is listed in Part A of the Annex to Commission Implementing Regulation (EU) No 540/2011 of 25 May 2011 implementing Regulation (EC) No 1107/2009 of the European Parliament and of the Council as regards the list of approved active substances (5).

(2)

In accordance with Article 25a of Regulation (EC) No 2229/2004, the European Food Safety Authority, hereinafter ‘the Authority’, presented to the Commission its view on the draft review report for sodium hypochlorite (6) on 25 June 2012. The Authority communicated its view on sodium hypochlorite to the notifier. The Commission invited it to submit comments on the draft review report for sodium hypochlorite. The draft review report and the view of the Authority were reviewed by the Member States and the Commission within the Standing Committee on the Food Chain and Animal Health and finalised on 1 February 2013 in the format of the Commission review report for sodium hypochlorite.

(3)

It is confirmed that the active substance sodium hypochlorite is to be deemed to have been approved under Regulation (EC) No 1107/2009.

(4)

In accordance with Article 13(2) of Regulation (EC) No 1107/2009 in conjunction with Article 6 thereof and in the light of current scientific and technical knowledge, it is necessary to amend the conditions of approval of sodium hypochlorite. Despite comprehensive information on sodium hypochlorite as generally available commodity substance exists, if only data provided by the notifier are taken into account, the exposure assessment to operator, worker and surface water could not be finalised. Therefore, it is opportune to restrict the authorisations to indoor uses and to insert some new provisions for the Member States granting authorisations for plant protection products containing sodium hypochlorite.

(5)

The Annex to Implementing Regulation (EU) No 540/2011 should therefore be amended accordingly.

(6)

A reasonable period of time should be allowed before the application of this Regulation in order to allow Member States, notifiers and holders of authorisations for plant protection products to meet the requirements resulting from amendment to the conditions of the approval.

(7)

The measures provided for in this Regulation are in accordance with the opinion of the Standing Committee on the Food Chain and Animal Health,

HAS ADOPTED THIS REGULATION:

Article 1

Part A of the Annex to Implementing Regulation (EU) No 540/2011 is amended in accordance with the Annex to this Regulation.

Article 2

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

It shall apply from 1 July 2013.

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

Done at Brussels, 5 March 2013.

For the Commission

The President

José Manuel BARROSO


(1)   OJ L 309, 24.11.2009, p. 1.

(2)   OJ L 230, 19.8.1991, p. 1.

(3)   OJ L 344, 20.12.2008, p. 89.

(4)   OJ L 379, 24.12.2004, p. 13.

(5)   OJ L 153, 11.6.2011, p. 1.

(6)  European Food Safety Authority; Conclusion on the peer review of the pesticide risk assessment of the active substance sodium hypochlorite. EFSA Journal 2012; 10(7):2796. [40 pp.] doi:10.2903/j.efsa.2012.2796. Available online: www.efsa.europa.eu/efsajournal


ANNEX

In Part A of the Annex to Implementing Regulation (EU) No 540/2011, row 254 on the active substance sodium hypochlorite is replaced by the following:

Number

Common Name, Identification Numbers

IUPAC Name

Purity (1)

Date of approval

Expiration of approval

Specific provisions

‘254

Sodium hypochlorite

CAS No: 7681-52-9

CIPAC: 848

Sodium hypochlorite

Sodium hypochlorite: 105 g/kg-126 g/kg (122 g/L-151 g/L) technical concentrate

10-12 % (w/w) expressed as chlorine

1 September 2009

31 August 2019

PART A

Only indoor uses as disinfectant may be authorised.

PART B

For the implementation of the uniform principles as referred to in Article 29(6) of Regulation (EC) No 1107/2009, the conclusions of the review report on sodium hypochlorite (SANCO/2988/2008) and in particular Appendices I and II thereof, as finalised in the Standing Committee on the Food Chain and Animal Health on 1 February 2013 shall be taken into account.

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

(a)

the risk to operator and workers;

(b)

the exposure of soil to sodium hypochlorite and its reaction products through spreading of treated compost on organic land shall be avoided.

Conditions of use shall include risk mitigation measures, where appropriate.’


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


6.3.2013   

EN

Official Journal of the European Union

L 62/22


COMMISSION IMPLEMENTING REGULATION (EU) No 191/2013

of 5 March 2013

amending Regulations (EC) No 798/2008, (EC) No 119/2009 and (EU) No 206/2010 and Decision 2000/572/EC as regards animal welfare attestation in the models of veterinary certificates

(Text with EEA relevance)

THE EUROPEAN COMMISSION,

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

Having regard to Council Directive 2002/99/EC of 16 December 2002 laying down the animal health rules governing the production, processing, distribution and introduction of products of animal origin for human consumption (1), and in particular Article 9(4)(b) thereof,

Whereas:

(1)

Commission Regulation (EC) No 798/2008 (2) lays down a list of third countries, territories, zones or compartments from which poultry and poultry products may be imported into and transit through the Union and the veterinary certification requirements.

(2)

Commission Regulation (EC) No 119/2009 (3) lays down a list of third countries or parts thereof, for imports into, or transit through, the Union of meat of wild leporidae, of certain wild land mammals and of farmed rabbits and the veterinary certification requirements.

(3)

Commission Regulation (EU) No 206/2010 (4) lays down the veterinary certification requirements for the introduction into the Union of certain consignments of live animals or fresh meat. It also establishes lists of third countries, territories or parts thereof which fulfil certain criteria and from which therefore consignments may be introduced into the Union and the veterinary certification requirements for the introduction into the Union of certain consignments of fresh meat from ungulates as defined in Council Directive 2004/68/EC of 26 April 2004 laying down animal health rules for the importation into and transit through the Community of certain live ungulate animals, amending Directives 90/426/EEC and 92/65/EEC and repealing Directive 72/462/EEC (5).

(4)

Commission Decision 2000/572/EC (6) lays down animal and public health conditions and veterinary certification for imports of meat preparations from third countries.

(5)

Council Regulation (EC) No 1099/2009 (7) lays down rules for the protection of animals at the time of killing, which apply from 1 January 2013.

(6)

Article 12 of that Regulation establishes that the health certificate accompanying meat imported from third countries are to be supplemented by an attestation certifying that requirements at least equivalent to those laid down in Chapters II and III of that Regulation have been met.

(7)

For reasons of clarity, the animal welfare statements in the model of veterinary certificates ‘POU’ and ‘RAT’ laid down in Part 2 of Annex I to Regulation (EC) No 798/2008, in the model of veterinary certificate ‘RM’ laid down in Annex II to Regulation (EC) No 119/2009, in the models of veterinary certificates ‘BOV’, ‘OVI’, ‘POR’, ‘EQU’ and ‘SUF’ laid down in Part 2 of Annex II to Regulation (EU) No 206/2010 and the model of veterinary certificate ‘MP-PREP’ laid down in Annex II to Decision 2000/572/EC should be updated.

(8)

Such statement should also be added to the model of veterinary certificate ‘RUF’ laid down in Part 2 of Annex II to Regulation (EU) No 206/2010 in order to provide the necessary certification only in the case that farmed game animals would be slaughtered or killed in a slaughterhouse.

(9)

It is appropriate to introduce a transitional period to allow third countries to adapt to the amended models of veterinary certificates.

(10)

The measures provided for in this Regulation are in accordance with the opinion of the Standing Committee on the Food Chain and Animal Health,

HAS ADOPTED THIS REGULATION:

Article 1

Amendments to Regulation (EC) No 798/2008

In the model of veterinary certificates ‘POU’ and ‘RAT’ in Part 2 of Annex I to Regulation (EC) No 798/2008, point II.3 is replaced by the following:

‘II.3.   Animal welfare attestation

I, the undersigned official veterinarian, hereby certify, that the fresh meat described in Part I of this certificate derives from animals which have been handled in the slaughterhouse before and at the time of slaughter or killing in accordance with the relevant provisions of Union legislation and have met requirements at least equivalent to those laid down in Chapters II and III of Council Regulation (EC) No 1099/2009 (*1).

Article 2

Amendment to Regulation (EC) No 119/2009

In the model of veterinary certificate ‘RM’ in Annex II to Regulation (EC) No 119/2009, point V is replaced by the following:

‘V.   ANIMAL WELFARE ATTESTATION

I, the undersigned official veterinarian, hereby certify, that the fresh meat described in Part I of this certificate derives from animals which have been handled in the slaughterhouse before and at the time of slaughter or killing in accordance with the relevant provisions of Union legislation and have met requirements at least equivalent to those laid down in Chapters II and III of Council Regulation (EC) No 1099/2009 (*2).

Article 3

Amendments to Regulation (EU) No 206/2010

Regulation (EU) No 206/2010 is amended as follows:

(1)

in the models of veterinary certificates ‘BOV’, ‘OVI’, ‘POR’, ‘EQU’ and ‘SUF’ in Part 2 of Annex II, point II.3 is replaced by the following:

‘II.3.   Animal welfare attestation

I, the undersigned official veterinarian, hereby certify, that the fresh meat described in Part I of this certificate derives from animals which have been handled in the slaughterhouse before and at the time of slaughter or killing in accordance with the relevant provisions of Union legislation and have met requirements at least equivalent to those laid down in Chapters II and III of Council Regulation (EC) No 1099/2009 (*3).

(*3)   OJ L 303, 18.11.2009, p. 1.’;"

(2)

in the model of veterinary certificate ‘RUF’, in Part 2 of Annex II, the following point II.3 is inserted after point II.2.7:

‘(1) II.3.   Animal welfare attestation

In case the fresh meat described in Part I of this certificate derives from animals which have been slaughtered or killed in a slaughterhouse, I, the undersigned official veterinarian, hereby certify, that they were handled in the slaughterhouse before and at the time of slaughter or killing in accordance with the relevant provisions of Union legislation and have met requirements at least equivalent to those laid down in Chapters II and III of Council Regulation (EC) No 1099/2009 (*4).

(*4)   OJ L 303, 18.11.2009, p. 1.’."

Article 4

Amendment to Decision 2000/572/EC

In the model of veterinary certificate ‘MP-PREP’, in Annex II to Decision 2000/572/EC, point II.3 is replaced by the following:

‘II.3.   Animal welfare attestation

I, the undersigned official veterinarian, hereby certify, that the meat preparations (1) described in Part I of this certificate are derived from meat from animals which have been handled in the slaughterhouse before and at the time of slaughter or killing in accordance with the relevant provisions of Union legislation and have met requirements at least equivalent to those laid down in Chapters II and III of Council Regulation (EC) No 1099/2009 (*5).

Article 5

Transitional provision

For a transitional period until 31 January 2014, consignments of products of animal origin accompanied by the relevant veterinary certificates issued no later than 30 November 2013 in accordance with the models of veterinary certificates before the entry into force of this Regulation may continue to be introduced into the Union.

Article 6

Entry into force

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

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

Done at Brussels, 5 March 2013.

For the Commission

The President

José Manuel BARROSO


(1)   OJ L 18, 23.1.2003, p. 11.

(2)   OJ L 226, 23.8.2008, p. 1.

(3)   OJ L 39, 10.2.2009, p. 12.

(4)   OJ L 73, 20.3.2010, p. 1.

(5)   OJ L 139, 30.4.2004, p. 321.

(6)   OJ L 240, 23.9.2000, p. 19.

(7)   OJ L 303, 18.11.2009, p. 1.


6.3.2013   

EN

Official Journal of the European Union

L 62/25


COMMISSION IMPLEMENTING REGULATION (EU) No 192/2013

of 5 March 2013

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, 5 March 2013.

For the Commission, On behalf of the President,

José Manuel SILVA RODRÍGUEZ

Director-General for Agriculture and Rural Development


(1)   OJ L 299, 16.11.2007, p. 1.

(2)   OJ L 157, 15.6.2011, p. 1.


ANNEX

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

(EUR/100 kg)

CN code

Third country code (1)

Standard import value

0702 00 00

IL

82,8

MA

58,9

TN

87,6

TR

100,6

ZZ

82,5

0707 00 05

EG

191,6

MA

170,1

TR

176,5

ZZ

179,4

0709 91 00

EG

82,2

ZZ

82,2

0709 93 10

MA

47,5

TR

131,1

ZZ

89,3

0805 10 20

EG

50,5

IL

71,4

MA

49,4

TN

56,3

TR

62,7

ZZ

58,1

0805 50 10

TR

75,6

ZZ

75,6

0808 10 80

AR

115,2

BR

110,3

CL

115,2

CN

78,5

MK

31,3

US

164,6

ZZ

102,5

0808 30 90

AR

121,2

CL

175,5

TR

179,9

US

185,0

ZA

108,9

ZZ

154,1


(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

6.3.2013   

EN

Official Journal of the European Union

L 62/27


COMMISSION DECISION

of 1 March 2013

establishing the guidelines for Member States on calculating renewable energy from heat pumps from different heat pump technologies pursuant to Article 5 of Directive 2009/28/EC of the European Parliament and of the Council

(notified under document C(2013) 1082)

(Text with EEA relevance)

(2013/114/EU)

THE EUROPEAN COMMISSION,

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

Having regard to Directive 2009/28/EC of the European Parliament and of the Council of 23 April 2009 on the promotion of the use of energy from renewable sources and amending and subsequently repealing Directives 2001/77/EC and 2003/30/EC (1), and in particular Article 5(4) in conjunction with AnnexVII thereto,

Whereas:

(1)

Directive 2009/28/EC sets out an EU target of 20 % renewable energy in gross final consumption of energy to be achieved by 2020 and contains national targets for renewable energy for each Member State, and an indicative minimum trajectory.

(2)

An appropriate energy statistics methodology is necessary to measure the consumption of renewable energy.

(3)

Annex VII to Directive 2009/28/EC sets out the rules for accounting of energy from heat pumps and requires the Commission to establish guidelines for Member States to estimate the necessary parameters, taking into consideration differences in climatic conditions, especially very cold climates.

(4)

The method to account renewable energy from heat pumps should build on best available science, be as accurate as possible, while not being overly complicated and costly to implement.

(5)

Only ambient air, i.e. outdoor air, can be the source of energy for an air-sourced heat pump. However, if the energy source is a mixture of waste energy and ambient energy (e.g. exhaust air from air-circulation units), the method for calculating the renewable energy supplied should reflect this.

(6)

Reversible heat pumps in warmer climates are often installed with the purpose of cooling the indoor environment, although they can also be used to provide heating during the winter. Such heat pumps might also be installed in parallel to an existing heating system. In such situations, the installed capacity reflects the cooling demand rather than the supplied heating. As the installed capacity is used as an indicator of heating demand in these guidelines, it implies that the statistics of installed capacity will over-estimate the amount of heating supplied. This needs appropriate adjustment.

(7)

These guidelines allow Member States to account for and calculate the renewable energy supplied from heat pump technologies. In particular they set out how Member States shall estimate the two parameters Qusable and the ‘seasonal performance factor’ (SPF), taking into consideration differences in climatic conditions, especially very cold climates.

(8)

It is appropriate to allow Member States to undertake their own calculations and surveys in order to improve the accuracy of national statistics beyond what is feasible with the methodology set out in this Decision,

HAS ADOPTED THIS DECISION:

Article 1

The guidelines for estimating the renewable energy production from different heat pump technologies as required by Annex VII to Directive 2009/28/EC are set out in the Annex to this Decision.

Article 2

The guidelines may be revised and complemented by the Commission no later than 31 December 2016, if statistical, technical or scientific progress makes it necessary.

Article 3

This Decision is addressed to the Member States.

Done at Brussels, 1 March 2013.

For the Commission

Günther OETTINGER

Member of the Commission


(1)   OJ L 140, 5.6.2009, p. 16.


ANNEX

Guidelines for Member States on calculating renewable energy from heat pumps from different heat pump technologies pursuant to Article 5 of Directive 2009/28/EC

1.   INTRODUCTION

Annex VII to the Renewable Energy Directive 2009/28/EC (the Directive) establishes the basic method for calculating renewable energy supplied by heat pumps. Annex VII sets out three parameters that are needed for the calculation of the renewable energy from heat pumps to be counted for the renewable energy targets;

(a)

the power system efficiency (η or eta);

(b)

the estimated amount of useful energy supplied from the heat pumps (Qusable);

(c)

the ‘seasonal performance factor’ (SPF).

The methodology for determining the power system efficiency (η) was agreed in the Renewable Energy Statistics Working Party of 23 October 2009  (1). The data required for the calculation of the power system efficiency is covered by Regulation (EC) No 1099/2008 of the European Parliament and of the Council of 22 October 2008  (2) on energy statistics. The power system efficiency (η) is set at 0,455 (or 45,5 %), based on the most recent data for 2010 (3), which is the value to be used towards 2020.

These guidelines therefore set out how Member States should estimate the two remaining parameters of Qusable and the ‘seasonal performance factor’ (SPF), taking into consideration differences in climatic conditions, especially very cold climates. With these guidelines Member States are enabled to calculate the amount of renewable energy supplied by heat pump technologies.

2.   DEFINITIONS

For the purpose of this Decision, the following definitions apply:

 

‘Qusable ’ means the estimated total usable heat delivered by heat pumps, calculated as the product of the rated capacity for heating (Prated) and the annual equivalent heat pump hours (HHP), expressed in GWh;

 

‘annual equivalent heat pump hours’ (HHP) means the assumed annual number of hours a heat pump has to provide heat at rated capacity to deliver the total usable heat delivered by heat pumps, expressed in h;

 

‘rated capacity’ (Prated) means the cooling or heating capacity of the vapour compression cycle or sorption cycle of the unit at standard rating conditions;

 

‘SPF’ shall mean the estimated average seasonal performance factor, which refers to the ‘net seasonal coefficient of performance in active mode’ (SCOPnet) for electrically driven heat pumps or ‘net seasonal primary energy ratio in active mode’ (SPERnet) for thermally driven heat pumps.

3.   ESTIMATING SPF AND QUSABLE

3.1.   Methodology Principles

The methodology follows three main principles:

(a)

the methodology has to be technically sound;

(b)

the approach must be pragmatic, balancing accuracy and cost-effectiveness;

(c)

the default factors for establishing the contribution of renewable energy from heat pumps are set at a conservative level to lower the risk of overestimating the contribution of renewable energy from heat pumps.

Member States are encouraged to improve the conservative default values by adapting them to national/regional circumstances, including the development of more accurate methodologies. Such improvements should be reported to the Commission and made publicly available.

3.2.   Outline of methodology

In accordance with Annex VII to the Directive, the amount of renewable energy supplied by heat pump technologies (ERES) shall be calculated with the following formula:

Formula

Formula

Where:

Qusable

=

the estimated total usable heat delivered by heat pumps [GWh],

HHP

=

equivalent full load hours of operation [h],

Prated

=

capacity of heat pumps installed, taking into account the lifetime of different types of heat pumps [GW],

SPF

=

the estimated average seasonal performance factor (SCOPnet or SPERnet).

Default values for HHP and conservative default SPF values are set out in Tables 1 and 2 in Section 3.6.

3.3.   Minimum performance of heat pumps to be considered as renewable energy under the Directive

In accordance with Annex VII to the Directive, Member States shall ensure that only heat-pumps with a SPF above 1,15 * 1/η are taken into account.

With power system efficiency (η) set at 45,5 % (see Section 1 and footnote 3) it implies that the minimum SPF of electrically driven heat pumps (SCOPnet) to be considered as renewable energy under the Directive is 2,5.

For heat pumps that are driven by thermal energy (either directly, or through the combustion of fuels), the power system efficiency (η) is equal to 1. For such heat pumps the minimum SPF (SPERnet) is 1,15 for the purposes of being considered as renewable energy under the Directive.

Member States should consider, in particular for air sourced heat pumps, how large a fraction of their already installed capacity of heat pumps have a SPF above the minimum performance. In that assessment the Member States may rely on both test data and measurements, although lack of data may in many cases reduce the assessment to expert judgment by each Member State. Such expert judgments should be conservative, meaning that the estimates rather underestimate than overestimate the contribution of heat pumps (4). In the case of air-sourced water heaters it is normally only in exceptional cases that such heat pumps have an SPF above the minimum threshold.

3.4.   System boundaries for measuring energy from heat pumps

The system boundaries for measurement include the refrigerant cycle, the refrigerant pump and, for ad/absorption, in addition the sorption cycle and solvent pump. The determination of the SPF should be according to the seasonal coefficient of performance (SCOPnet) according to EN 14825:2012 or seasonal primary energy ratio (SPERnet) according to EN 12309. That implies that electric energy or fuel consumption for operation of the heat pump and circulation of the refrigerant should be taken into account. The corresponding system boundary is shown in Figure 1 below as SPFH2, highlighted in red.

Figure 1

System boundaries for measurement of SPF and Qusable

Image 1

Source:

SEPEMO build.

The following abbreviations are used in Figure 1:

ES_fan/pump

Energy used to run fan and/or pump that circulates the refrigerant

EHW_hp

Energy used to run the heat pump itself

Ebt_pump

Energy used to run pump that circulates the medium that absorbs the ambient energy (not relevant for all heat pumps)

EHW_bu

Energy used to run supplementary heater (not relevant for all heat pumps)

EB_fan/pump

Energy used to run fan and/or pump that circulates the medium that supplies the final usable heat

QH_hp

Heat supplied from the heat source via the heat pump

QW_hp

Heat supplied from the mechanical energy used to drive the heat pump

QHW_hp

Heat supplied from the supplementary heater (not relevant for all heat pumps)

ERES

Renewable aerothermal, geothermal or hydrothermal energy (the heat source) captured by the heat pump

ERES

Formula

Qusable

Formula

It follows from the system boundaries set out above, that the calculation of renewable energy supplied by the heat pump depends on the heat pump alone and not the heating system the heat pump is a part of. Inefficient use of heat pump energy is therefore a matter of energy efficiency, and should therefore not influence the calculations of renewable energy supplied by heat pumps.

3.5.   Climate conditions

The definition of average, colder and warmer climate conditions follows the method as proposed in the draft for Commission Delegated Regulation on energy labelling of boilers (5), where ‘average climate conditions’, ‘colder climate conditions’ and ‘warmer climate conditions’ mean the temperature conditions characteristic for the cities of Strasbourg, Helsinki and Athens, respectively. Suggested climate condition areas are set out in Figure 2 below.

Figure 2

Climate condition areas

Image 2

In cases where several climate conditions are existing within the same Member State, the Member States should estimate the installed capacity of heat pumps in the respective climate condition area.

3.6.   Default values for SPF and Qusable for heat pumps

The default values for HHP and SPF (SCOPnet) for electrically driven heat pumps are as set out in the table below:

Table 1

Default values for HHP and SPF (SCOPnet) for electrically driven heat pumps

 

Climate conditions

Warmer climate

Average climate

Colder climate

Heat Pump Energy source:

Energy source and distribution medium

HHP

SPF

(SCOPnet)

HHP

SPF

(SCOPnet)

HHP

SPF

(SCOPnet)

Aerothermal energy

Air-Air

1 200

2,7

1 770

2,6

1 970

2,5

Air-Water

1 170

2,7

1 640

2,6

1 710

2,5

Air-Air (reversible)

480

2,7

710

2,6

1 970

2,5

Air-Water (reversible)

470

2,7

660

2,6

1 710

2,5

Exhaust Air-Air

760

2,7

660

2,6

600

2,5

Exhaust Air-Water

760

2,7

660

2,6

600

2,5

Geothermal energy

Ground-Air

1 340

3,2

2 070

3,2

2 470

3,2

Ground-Water

1 340

3,5

2 070

3,5

2 470

3,5

Hydrothermal heat

Water-Air

1 340

3,2

2 070

3,2

2 470

3,2

Water-Water

1 340

3,5

2 070

3,5

2 470

3,5

The default values for HHP and SPF (SPERnet) for heat pumps driven by thermal energy are as set out in the table below:

Table 2

Default values for HHP and SPF (SPERnet) for heat pumps driven by thermal energy

 

Climate conditions

Warmer climate

Average climate

Colder climate

Heat Pump Energy source:

Energy source and distribution medium

HHP

SPF

(SPERnet)

HHP

SPF

(SPERnet)

HHP

SPF

(SPERnet)

Aerothermal energy

Air-Air

1 200

1,2

1 770

1,2

1 970

1,15

Air-Water

1 170

1,2

1 640

1,2

1 710

1,15

Air-Air (reversible)

480

1,2

710

1,2

1 970

1,15

Air-Water (reversible)

470

1,2

660

1,2

1 710

1,15

Exhaust Air-Air

760

1,2

660

1,2

600

1,15

Exhaust Air-Water

760

1,2

660

1,2

600

1,15

Geothermal energy

Ground-Air

1 340

1,4

2 070

1,4

2 470

1,4

Ground-Water

1 340

1,6

2 070

1,6

2 470

1,6

Hydrothermal heat

Water-Air

1 340

1,4

2 070

1,4

2 470

1,4

Water-Water

1 340

1,6

2 070

1,6

2 470

1,6

The default values set out in Tables 1 and 2 above are typical for the segment of heat pumps with a SPF above the minimum threshold, meaning that heat pumps with SPF below 2,5 have not been taken into consideration when the typical values have been established (6).

3.7.   Remarks related to non-electrically driven heat pumps

The heat pumps that do not use electricity, either use liquid or gaseous fuel to drive the compressor, or use an ad/absorption process (driven by combustion of liquid or gaseous fuel or by use of geothermal/solarthermal energy or waste heat) are delivering renewable energy as long as the ‘net seasonal primary energy ratio in active mode’ (SPERnet) is 115 % or larger than that value (7).

3.8.   Remarks related to heat pumps using exhaust air as energy source

Heat pumps using exhaust air as energy source use ambient energy, and such heat pumps therefore supply renewable energy. But simultaneously such heat pumps recover the energy in the exhaust air, which is not aerothermal energy according to the Directive (8). It is therefore only the aerothermal energy that is counted as renewable energy. This is adjusted for by correcting the HHP values for such heat pumps as set out in Section 3.6.

3.9.   Remarks to air sourced heat pumps

The HHP values shown in Tables 1 and 2 above are based on HHE values which includes not only the hours the heat pump is used, but also the hours that the supplementary heater is used. As the supplementary heater is outside of the system boundaries described in Section 3.4, the HHE values for all air source heat pumps are appropriately adjusted to only account for the useful heat delivered by the heat pump itself. The adjusted HHP figures are shown in Tables 1 and 2 above.

In the case of air sourced heat pumps with capacity reported for design conditions (and not for standard testing conditions), the HHE values should be used (9).

Only ambient air, i.e. outdoor air, can be the source of energy for an air-sourced heat pump.

3.10.   Remarks related to reversible heat pumps

Firstly, reversible heat pumps in warm and to some extent average climates are often installed with the purpose of cooling the indoor environment, although they are also used to provide heating during the winter. As the cooling demand in the summer is higher than the heating demand in the winter, the rated capacity reflects the cooling demand rather than the need for heating. As the installed capacity is used as an indicator of heating demand, it implies that the statistics of installed capacity will not reflect the capacity installed for heating purposes. Moreover, reversible heat pumps are often installed in parallel to existing heating systems, implying that these heat pumps are not always used for heating purposes.

Both elements need appropriate adjustment. A conservative reduction (10) to 10 % for warm climate and 40 % for average climate is assumed in Tables 1 and 2 above. However, the real reduction is strongly dependent on national practices for providing heating systems, and national figures shall therefore be used where possible. The use of alternative figures should be submitted to the Commission, together with a report describing the method and data used. The Commission will, if necessary, translate the documents and publish them on its transparency platform.

3.11.   Renewable energy contribution from hybrid heat pump systems

For hybrid heat pump systems, where the heat pump works in cooperation with other renewable energy technologies (e.g. solar thermal collectors used as pre-heaters), the accounting of renewable energy is at risk of inaccuracy. Member States shall therefore ensure that the accounting of renewable energy from hybrid heat pump systems is correct, and in particular ensure that no renewable energy is accounted more than once.

3.12.   Guidance on the development of more accurate methodologies

It is envisaged and encouraged that Member States do their own estimations for both SPF and HHP. If improved estimations can be made, such national/regional approaches should be based on accurate assumptions, representative samples of sufficient size, resulting in a significantly improved estimate of renewable energy from heat pumps compared to the estimate obtained through the use of the method set out in this Decision. Such improved methodologies may be based on detailed calculation based on technical data taking into account, among other factors, year of installation, quality of installation, compressor type, operation mode, heat distribution system, bivalence point and the regional climate.

If measurements are only available at other system boundaries than the system boundary set out in Section 3.4, appropriate adjustments should be made.

Only those heat pumps with energy efficiency above the minimum threshold, as set out in Annex VII to the Directive, shall be included for the calculation of renewable energy for the purpose of the Directive.

Member States are invited, when alternative methodologies and/or values are used, to submit them to the Commission together with a report describing the method and data used. The Commission will, if necessary, translate the documents and publish them on its transparency platform.

4.   CALCULATION EXAMPLE

The table below show an example for a hypothetical Member State located in average climate conditions, which has 3 different heat pump technologies installed.

 

 

 

 

Air to air

(reversible)

Water to water

Exhaust Air to water

Calculation

Description

Variable

Unit

 

 

 

 

Capacity of heat pumps installed

Prated

GW

255

74

215

 

of which the SPF is above the minimum threshold

Prated

GW

150

70

120

 

Equivalent full load hours of operation

HHP

h

852  (*1)

2 010

660

Formula

Estimated total usable heat delivered by heat pumps

Qusable

GWh

127 800

144 900

79 200

 

the estimated average seasonal performance factor

SPF

 

2,6

3,5

2,6

Formula

Amount of renewable energy supplied per heat pump technology

ERES

GWh

78 646

103 500

48 738

 

Total amount of renewable energy supplied by heat pumps

ERES

GWh

 

230 885

 


(1)  See point 4.5 of minutes of 23 October 2009, available here: https://circabc.europa.eu/w/browse/be80a323-0f89-4ab7-b8f7-888e3ff351ed

(2)   OJ L 304, 14.11.2008, p. 1.

(3)  The value for η in 2010 is 45,5 % (developing from 44,0 % in 2007, 44,7 % 2008 and 45,1 % in 2009), leading to a minimum SPF of 2,5 in 2010. This is a conservative estimate, as the power system efficiency is expected to increase towards 2020. However, as the basis of estimating the power system efficiency (η) changes due to updates in the underlying statistics, it is more predictable to set the η at a fixed level in order to avoid confusion regarding the minimum SPF requirements (create legal certainty) and also to facilitate methodology development by Member States (see Section 3.10). If necessary, η can be revised as per Article 2 (revision of guidelines if necessary by 31 December 2016).

(4)  Particular attention is required regarding reversible air sourced heat pumps, as a number of potential sources of overestimation exist, notably: (a) not all reversible heat pumps are used for heating, or only to a limited extent, and (b) older (and new less efficient) units may have an efficiency (SPF) below the required minimum threshold of 2,5.

(5)  This draft has not been adopted yet by the Commission (January 2013). The draft can be found in the WTO’s database: http://members.wto.org/crnattachments/2012/tbt/EEC/12_2119_00_e.pdf

(6)  This implies that Member States can consider the values set out in Tables 1 and 2 as average values of the electrically driven heat pumps that have SPF above the minimum 2,5.

(7)  See Section 3.3.

(8)  See Article 5(4), and definition of ‘aerothermal energy’ in Article 2(b) of the Directive.

(9)  These values are 1 336, 2 066 and 3 465 for warm, average and cold climate respectively.

(10)  An Italian study (referred to on page 48 of ‘Outlook 2011 — European Heat Pump Statistics’) finds that in less than 10 % of the cases, heat pumps were the only installed heat generator. As reversible air-air heat pumps is the single most installed heat pump technology type (60 % of all installed units — mostly installed in Italy, Spain and France, as well as Sweden and Finland), it is important to adjust the figures appropriately. The Impact Assessment of Commission Regulation (EU) No 206/2012 of 6 March 2012 implementing Directive 2009/125/EC of the European Parliament and of the Council with regard to ecodesign requirements for air conditioners and comfort fans (OJ L 72, 10.3.2012, p. 7) assumes that EU wide, 33 % of reversible heat pumps are not used for heating. In addition one can assume that a large number of the 67 % of reversible heat pumps are only used partly for heating, as the heat pump is installed in parallel to another heating system. The proposed values are therefore appropriate to reduce the risk of over-estimation.

(*1)  The Member State in this hypothetical example did a survey of installed reversible air to air heat pumps and concluded that the equivalent of 48 % of the installed reversible heat pump capacity were used fully for heating, instead of the 40 % assumed in these guidelines. The HHP value is therefore adjusted up from 710 hours, which assumes 40 % and set out in Table 1, to 852 hours, which is representative for the estimated 48 %.


Corrigenda

6.3.2013   

EN

Official Journal of the European Union

L 62/36


Corrigendum to Commission Regulation (EU) No 51/2013 of 16 January 2013 amending Regulation (EC) No 152/2009 as regards the methods of analysis for the determination of constituents of animal origin for the official control of feed

( Official Journal of the European Union L 20 of 23 January 2013 )

On page 39, Annex, ‘Annex VI to Regulation (EC) No 152/2009’, point 2.1.4.2., Diagram 1 is replaced as follows:

Diagram 1

Observation protocol for the detection of animal particles in compound feed and feed material other than fishmeal

Image 3

YES

Grinding process of sample insures 95 % of particles ≤ 0.50 mm

NO

Sieving on 0.25 mm mesh

3 slides from sediment + 1 slide from flotate or raw material

3 slides from < 0.25 mm sediment + 1 slide < 0.25 mm flotate or raw material

> 5 animal particles of same nature detected?

YES

sample declared according to point 2.1.5.3 for FISH

repetition of analysis according to point 2.1.4.3

YES

> 5 animal particles of same nature detected?

NO

> 5

Number of fish particles?

≤ 5

NO

1 slide from sediment

FISH

1 slide from > 0.25 mm sediment

> 5 animal particles of same nature detected?

YES

nature of animal particles?

YES

> 5 animal particles of same nature detected?

NO

TERRESTRIAL

NO

1 slide from flotate or raw material

> 5

Number of terrestrial particles?

≤ 5

1 slide from > 0.25 mm flotate or raw material

animal particles detected?

YES

sample declared according to point 2.1.5.3 for TERRESTRIAL ANIMAL

repetition of analysis according to point 2.1.4.3

YES

animal particles detected?

NO

sample declared according to point 2.1.5.1

NO