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ISSN 1977-0677 doi:10.3000/19770677.L_2013.135.eng |
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Official Journal of the European Union |
L 135 |
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English edition |
Legislation |
Volume 56 |
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(1) Text with EEA relevance |
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EN |
Acts whose titles are printed in light type are those relating to day-to-day management of agricultural matters, and are generally valid for a limited period. The titles of all other Acts are printed in bold type and preceded by an asterisk. |
II Non-legislative acts
REGULATIONS
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22.5.2013 |
EN |
Official Journal of the European Union |
L 135/1 |
COUNCIL IMPLEMENTING REGULATION (EU) No 465/2013
of 16 May 2013
amending Regulation (EC) No 192/2007 imposing a definitive anti-dumping duty on imports of certain polyethylene terephthalate originating in India, Indonesia, Malaysia, the Republic of Korea, Thailand and Taiwan
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to Council Regulation (EC) No 1225/2009 of 30 November 2009 on protection against dumped imports from countries not members of the European Community (1), and in particular Articles 8 and 9 thereof,
Having regard to the proposal submitted by the European Commission after consulting the Advisory Committee,
Whereas:
A. PREVIOUS PROCEDURE
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(1) |
The Council, by Regulation (EC) No 192/2007 (2), imposed a definitive anti-dumping duty on imports of certain polyethylene terephtalate originating in India, Indonesia, Malaysia, the Republic of Korea, Thailand and Taiwan following an expiry review and a partial interim review. The measures were originally imposed in August 2000 (3). The measures are currently subject to another expiry review (4). |
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(2) |
The Commission, by Decision 2000/745/EC (5), accepted a price undertaking, inter alia, from the Indonesian company P.T. Polypet Karyapersada (‘Polypet’). Following the findings and conclusions relating to a ‘new exporter’ review (6), the Commission, by Decision 2002/232/EC (7), accepted an undertaking from the Indian company Futura Polymers Ltd, which subsequently was renamed Futura Polyesters Ltd (‘Futura’) (8). |
B. WITHDRAWAL OF UNDERTAKINGS AND AMENDMENT OF REGULATION (EC) No 192/2007
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(3) |
The Commission, by Decision 2013/223/EU (9), withdrew the acceptance of the undertakings in relation to the companies Polypet and Futura. Therefore, Regulation (EC) No 192/2007 should be amended accordingly, |
HAS ADOPTED THIS REGULATION:
Article 1
The table in Article 2(3) of Regulation (EC) No 192/2007 is replaced by the following table:
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Country |
Companies |
TARIC additional code |
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‘India |
Reliance Industries Ltd |
A181 |
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India |
Pearl Engineering Polymers Ltd |
A182 |
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India |
Dhunseri Petrochem & Tea Ltd |
A585 ’ |
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, 16 May 2013.
For the Council
The President
R. QUINN
(1) OJ L 343, 22.12.2009, p. 51.
(3) OJ L 199, 5.8.2000, p. 48.
(5) OJ L 301, 30.11.2000, p. 88.
(7) OJ L 78, 21.3.2002, p. 12.
(8) OJ C 116, 16.5.2003, p. 2.
(9) See page 19 of this Official Journal.
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22.5.2013 |
EN |
Official Journal of the European Union |
L 135/3 |
COMMISSION IMPLEMENTING REGULATION (EU) No 466/2013
of 7 May 2013
entering a name in the register of protected designations of origin and protected geographical indications (Panforte di Siena (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(2) thereof,
Whereas:
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(1) |
Regulation (EU) No 1151/2012 entered into force on 3 January 2013. It repealed and replaced 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). |
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(2) |
Pursuant to Article 6(2) of Regulation (EC) No 510/2006, Italy’s application to register the name ‘Panforte di Siena’ was published in the Official Journal of the European Union (3). |
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(3) |
As no statement of objection under Article 7 of Regulation (EC) No 510/2006 has been received by the Commission, that name should therefore be entered in the register, |
HAS ADOPTED THIS REGULATION:
Article 1
The name contained in the Annex to this Regulation is hereby entered in the register.
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.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 7 May 2013.
For the Commission, On behalf of the President,
Dacian CIOLOȘ
Member of the Commission
(1) OJ L 343, 14.12.2012, p. 1.
ANNEX
Agricultural products and foodstuffs listed in Annex I(I) to Regulation (EU) No 1151/2012:
Class 2.4. Bread, pastry, cakes, confectionery, biscuits and other baker’s wares
ITALY
Panforte di Siena (PGI)
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22.5.2013 |
EN |
Official Journal of the European Union |
L 135/5 |
COMMISSION IMPLEMENTING REGULATION (EU) No 467/2013
of 16 May 2013
amending Regulation (EC) No 206/2009 on the introduction into the Community of personal consignments of products of animal origin, as regards information to be provided in the posters to travellers and to the general public
(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 animal health rules governing the production, processing, distribution and introduction of products of animal origin for human consumption (1), and in particular the third indent of Article 8(5) thereof,
Whereas:
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(1) |
Commission Regulation (EC) No 206/2009 (2) lays down rules concerning the introduction into the Union of personal consignments of products of animal origin of a non-commercial nature which form part of travellers’ luggage, or are delivered to private persons in small amounts also as a result of remote orders (for example by mail, by telephone or via the internet). |
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(2) |
Article 3 of Regulation (EC) No 206/2009 requires Member States to ensure that at all points of entry into the Union, the veterinary conditions applicable to personal consignments introduced into the Union are brought to the attention of travellers arriving from third countries. The information to be provided to travellers has to include at least the information contained in one of the posters set out in Annex III to that Regulation. The posters contain information on derogations for certain third countries of geographical proximity and limited animal health risk. |
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(3) |
Croatia is one of those countries. Subject to, and as from the date of the entry into force of the Treaty of Accession of Croatia, it is necessary to delete the entry for that country from those posters. |
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(4) |
It is also opportune to slightly review the wording and the layout of the message presented in the posters in order to make it clearer for the travellers and the general public. |
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(5) |
Annex III to Regulation (EC) No 206/2009 should therefore be amended accordingly. |
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(6) |
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
Annex III to Regulation (EC) No 206/2009 is replaced by the text set out in the Annex to this Regulation.
Article 2
This Regulation shall enter into force subject to, and on the date of the entry into force of the Treaty of Accession of Croatia.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 16 May 2013.
For the Commission
The President
José Manuel BARROSO
ANNEX
‘ANNEX III
(The notices can be found at: http://ec.europa.eu/food/fs/ah_pcad/ah_pcad_importposters_en.html)
European Commission
Keep animal diseases out of the European Union!
Travellers must surrender these products for official controls*
Products of animal origin may carry pathogens that cause infectious diseases in animals
There are strict procedures and veterinary controls on the introduction of products of animal origin into the European Union
*Other than those arriving with small quantities for personal consumption from:
Andorra, the Faeroe Islands, Greenland, Iceland, Liechtenstein, Norway, San Marino and Switzerland
Health and Consumers
European Commission
Diseases don’t respect borders
If you bring in meat or dairy products from outside the EU, you risk importing animal diseases.
If you do not declare such items, you may be fined or face criminal prosecution.
These products will be seized and destroyed on arrival.
You may bring in small quantities for personal consumption from:
Andorra, the Faeroe Islands, Greenland, Iceland, Liechtenstein, Norway, San Marino and Switzerland
Health and Consumers
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22.5.2013 |
EN |
Official Journal of the European Union |
L 135/8 |
COMMISSION IMPLEMENTING REGULATION (EU) No 468/2013
of 21 May 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:
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(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. |
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(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, 21 May 2013.
For the Commission, On behalf of the President,
Jerzy PLEWA
Director-General for Agriculture and Rural Development
ANNEX
Standard import values for determining the entry price of certain fruit and vegetables
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(EUR/100 kg) |
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CN code |
Third country code (1) |
Standard import value |
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0702 00 00 |
AL |
15,0 |
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MA |
42,9 |
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TN |
82,9 |
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TR |
77,1 |
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ZZ |
54,5 |
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0707 00 05 |
AL |
27,7 |
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MK |
43,5 |
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TR |
132,0 |
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ZZ |
67,7 |
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0709 93 10 |
TR |
133,5 |
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ZZ |
133,5 |
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0805 10 20 |
EG |
49,9 |
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IL |
71,8 |
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MA |
74,7 |
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TR |
59,9 |
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ZZ |
64,1 |
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0805 50 10 |
AR |
118,0 |
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EG |
68,1 |
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TR |
115,2 |
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ZA |
116,9 |
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ZZ |
104,6 |
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0808 10 80 |
AR |
129,8 |
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BR |
88,4 |
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CL |
121,1 |
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CN |
73,7 |
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MK |
46,1 |
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NZ |
146,3 |
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US |
211,4 |
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ZA |
94,1 |
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ZZ |
113,9 |
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(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’.
DIRECTIVES
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22.5.2013 |
EN |
Official Journal of the European Union |
L 135/10 |
COMMISSION DIRECTIVE 2013/27/EU
of 17 May 2013
amending Directive 98/8/EC of the European Parliament and of the Council to include chlorfenapyr as an active substance in Annex I thereto
(Text with EEA relevance)
THE EUROPEAN COMMISSION,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to Directive 98/8/EC of the European Parliament and of the Council of 16 February 1998 concerning the placing of biocidal products on the market (1), and in particular the second subparagraph of Article 16(2) thereof,
Whereas:
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(1) |
Commission Regulation (EC) No 1451/2007 of 4 December 2007 on the second phase of the 10-year work programme referred to in Article 16(2) of Directive 98/8/EC of the European Parliament and of the Council concerning the placing of biocidal products on the market (2) establishes a list of active substances to be assessed, with a view to their possible inclusion in Annex I, IA or IB to Directive 98/8/EC. That list includes chlorfenapyr. |
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(2) |
Pursuant to Regulation (EC) No 1451/2007, chlorfenapyr has been evaluated in accordance with Article 11(2) of Directive 98/8/EC for use in product-type 8, wood preservatives, as defined in Annex V to that Directive. |
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(3) |
Portugal was designated as rapporteur Member State and submitted the competent authority report, together with a recommendation, to the Commission in August 2006 in accordance with Article 10(5) and (7) of Commission Regulation (EC) No 2032/2003 of 4 November 2003 on the second phase of the 10-year work programme referred to in Article 16(2) of Directive 98/8/EC of the European Parliament and of the Council concerning the placing of biocidal products on the market, and amending Regulation (EC) No 1896/2000 (3). |
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(4) |
The competent authority report was reviewed by the Member States and the Commission. In accordance with Article 15(4) of Regulation (EC) No 1451/2007, the findings of the review were incorporated, within the Standing Committee on Biocidal Products on 14 December 2012, in an assessment report. |
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(5) |
It appears from the evaluations that biocidal products used as wood preservatives and containing chlorfenapyr may be expected to satisfy the requirements laid down in Article 5 of Directive 98/8/EC. It is therefore appropriate to include chlorfenapyr for use in product-type 8 in Annex I to that Directive. |
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(6) |
Not all potential uses and exposure scenarios have been evaluated at Union level. It is therefore appropriate to require that Member States assess those uses or exposure scenarios and those risks to human populations and to environmental compartments that have not been representatively addressed in the Union level risk assessment and, when granting product authorisations, ensure that appropriate measures are taken or specific conditions imposed in order to reduce the identified risks to acceptable levels. |
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(7) |
In view of the risks identified for human health, it is appropriate to require that safe operational procedures are established, and that products are used with appropriate personal protective equipment, and that products are only authorised for industrial or professional users, unless it can be demonstrated in the application for product authorisation that risks can be reduced to an acceptable level by other means. |
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(8) |
In view of the risks identified for the environment, it is appropriate to require that industrial or professional application is conducted within a contained area or on impermeable hard standing with bunding, that freshly treated timber is stored after treatment on impermeable hard standing to prevent direct losses to soil or water, and that any losses from the application of products used as wood preservatives and containing chlorfenapyr are collected for reuse or disposal. |
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(9) |
Unacceptable risks for the environment were identified for situations where wood treated with chlorfenapyr was used outdoors. It is therefore appropriate to require that products are not authorised for the treatment of wood intended for outdoor use, unless data is submitted demonstrating that the product will meet the requirements of both Article 5 of and Annex VI to Directive 98/8/EC, if necessary by the application of appropriate risk mitigation measures. |
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(10) |
The provisions of this Directive should be applied simultaneously in all Member States in order to ensure equal treatment on the Union market of biocidal products of product-type 8 containing the active substance chlorfenapyr and also to facilitate the proper operation of the biocidal products market in general. |
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(11) |
A reasonable period should be allowed to elapse before an active substance is included in Annex I to Directive 98/8/EC, in order to permit Member States and interested parties to prepare themselves to meet the new requirements entailed and to ensure that applicants who have prepared dossiers can benefit fully from the 10-year period of data protection, which, in accordance with Article 12(1)(c)(ii) of Directive 98/8/EC, starts from the date of inclusion. |
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(12) |
After inclusion, Member States should be allowed a reasonable period to implement Article 16(3) of Directive 98/8/EC. |
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(13) |
Directive 98/8/EC should therefore be amended accordingly. |
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(14) |
In accordance with the Joint Political Declaration of 28 September 2011 of Member States and the Commission on explanatory documents (4), Member States have undertaken to accompany, in justified cases, the notification of their transposition measures with one or more documents explaining the relationship between the components of a directive and the corresponding parts of national transposition instruments. |
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(15) |
The measures provided for in this Directive are in accordance with the opinion of the Standing Committee on Biocidal Products, |
HAS ADOPTED THIS DIRECTIVE:
Article 1
Annex I to Directive 98/8/EC is amended in accordance with the Annex to this Directive.
Article 2
1. Member States shall adopt and publish, by 30 April 2014 at the latest, the laws, regulations and administrative provisions necessary to comply with this Directive. They shall forthwith communicate to the Commission the text of those provisions.
They shall apply those provisions from 1 May 2015.
When Member States adopt those provisions, they shall contain a reference to this Directive or be accompanied by such a reference on the occasion of their official publication. Member States shall determine how such reference is to be made.
2. Member States shall communicate to the Commission the text of the main provisions of national law which they adopt in the field covered by this Directive.
Article 3
This Directive shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.
Article 4
This Directive is addressed to the Member States.
Done at Brussels, 17 May 2013.
For the Commission
The President
José Manuel BARROSO
(1) OJ L 123, 24.4.1998, p. 1.
(2) OJ L 325, 11.12.2007, p. 3.
ANNEX
In Annex I to Directive 98/8/EC, the following entry is added:
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No |
Common Name |
IUPAC Name Identification Numbers |
Minimum degree of purity of the active substance (*1) |
Date of inclusion |
Deadline for compliance with Article 16(3), unless one of the exceptions indicated in the footnote to this heading applies (*2) |
Expiry date of inclusion |
Product type |
Specific provisions (*3) |
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‘65 |
chlorfenapyr |
IUPAC name: 4-bromo-2-(4-chlorophenyl)-1-ethoxymethyl-5-trifluoromethylpyrrole-3-carbonitrile EC No: Not allocated CAS No: 122453-73-0 |
940 g/kg |
1 May 2015 |
30 April 2017 |
30 April 2025 |
8 |
The Union level risk assessment did not address all potential uses and exposure scenarios. When assessing the application for authorisation of a product in accordance with Article 5 and Annex VI, Member States shall assess, where relevant for the particular product, those uses or exposure scenarios and those risks to human populations and to environmental compartments that have not been representatively addressed in the Union level risk assessment. Member States shall ensure that authorisations are subject to the following conditions:
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(*1) The purity indicated in this column was the minimum degree of purity of the active substance used for the evaluation made in accordance with Article 11. The active substance in the product placed on the market can be of equal or different purity if it has been proven technically equivalent with the evaluated substance.
(*2) For products containing more than one active substance covered by Article 16(2), the deadline for compliance with Article 16(3) is that of the last of its active substances to be included in this Annex. For products for which the first authorisation has been granted later than 120 days before the deadline for compliance with Article 16(3) and a complete application has been submitted for mutual recognition in accordance with Article 4(1) within 60 days of the granting of the first authorisation, the deadline for compliance with Article 16(3) in relation to that application is extended to 120 days after the date of reception of the complete application for mutual recognition. For products for which a Member State has proposed to derogate from mutual recognition in accordance with Article 4(4), the deadline for compliance with Article 16(3) is extended to 30 days after the date of the Commission Decision adopted in accordance with the second subparagraph of Article 4(4).
(*3) For the implementation of the common principles of Annex VI, the content and conclusions of assessment reports are available on the Commission website: http://ec.europa.eu/comm/environment/biocides/index.htm
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22.5.2013 |
EN |
Official Journal of the European Union |
L 135/14 |
COMMISSION DIRECTIVE 2013/28/EU
of 17 May 2013
amending Annex II to Directive 2000/53/EC of the European Parliament and of the Council on end-of-life vehicles
(Text with EEA relevance)
THE EUROPEAN COMMISSION,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to Directive 2000/53/EC of the European Parliament and of the Council of 18 September 2000 on end-of life vehicles (1), and in particular Article 4(2)(b) thereof,
Whereas:
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(1) |
Article 4(2)(a) of Directive 2000/53/EC prohibits the use of lead, mercury, cadmium or hexavalent chromium in materials and components of vehicles put on the market after 1 July 2003. |
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(2) |
Annex II to Directive 2000/53/EC lists vehicle materials and components exempted from the prohibition set out in Article 4(2)(a) thereof. Vehicles put on the market before the expiry date of a given exemption and spare parts for those vehicles may contain lead, mercury, cadmium or hexavalent chromium in materials and components listed in Annex II to Directive 2000/53/EC. |
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(3) |
Item 8(i) of Annex II provides for an exemption for lead in solders in electrical glazing applications on glass except for soldering in laminated glazing, which expires on 1 January 2013. |
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(4) |
An assessment of technical and scientific progress has demonstrated that the use of lead in the application covered by item 8(i) is unavoidable, as the substitutes are not yet available. |
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(5) |
The measures provided for in this Directive are in accordance with the opinion of the Committee established by Article 39 of Directive 2008/98/EC of the European Parliament and of the Council (2), |
HAS ADOPTED THIS DIRECTIVE:
Article 1
Annex II to Directive 2000/53/EC is replaced by the text set out in the Annex to this Directive.
Article 2
1. Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive at the latest within three months of its publication in the Official Journal of the European Union. They shall forthwith communicate to the Commission the text of those provisions.
When Member States adopt those provisions, they shall contain a reference to this Directive or be accompanied by such a reference on the occasion of their official publication. Member States shall determine how such reference is to be made.
2. Member States shall communicate to the Commission the text of the main provisions of national law which they adopt in the field covered by this Directive.
Article 3
This Directive shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.
Article 4
This Directive is addressed to the Member States.
Done at Brussels, 17 May 2013.
For the Commission
The President
José Manuel BARROSO
ANNEX
‘ANNEX II
Materials and components exempt from Article 4(2)(a)
|
Materials and components |
Scope and expiry date of the exemption |
To be labelled or made identifiable in accordance with Article 4(2)(b)(iv) |
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Lead as an alloying element |
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Vehicles type approved before 1 January 2016 and spare parts for these vehicles |
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As spare parts for vehicles put on the market before 1 July 2005 |
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As spare parts for vehicles put on the market before 1 July 2008 |
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As spare parts for vehicles put on the market before 1 July 2008 |
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1 July 2011 and spare parts for vehicles put on the market before 1 July 2011 |
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Lead and lead compounds in components |
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X |
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Vehicles type approved before 1 January 2016 and spare parts for these vehicles |
X |
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As spare parts for vehicles put on the market before 1 July 2005 |
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As spare parts for vehicles put on the market before 1 July 2006 |
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As spare parts for vehicles put on the market before 1 July 2009 |
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Vehicles type approved before 1 January 2016 and spare parts for these vehicles |
X (2) |
||||||
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Vehicles type approved before 1 January 2011 and spare parts for these vehicles |
X (2) |
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Vehicles type approved before 1 January 2013 and spare parts for these vehicles |
X (2) |
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Vehicles type approved before 1 January 2015 and spare parts of such vehicles |
X (2) |
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X (2) |
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X (2) |
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X (2) |
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X (2) |
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Vehicles type approved before 1 January 2016 and after that date as spare parts for these vehicles |
X (2) |
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X (2) |
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As spare parts for engine types developed before 1 July 2003 |
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X (4) (for components other than piezo in engines) |
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Vehicles type approved before 1 January 2016 and spare parts for these vehicles |
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Vehicles type approved before 1 July 2006 and spare parts for these vehicles |
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Vehicles type approved before 1 January 2019 and spare parts for these vehicles |
X |
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Hexavalent chromium |
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As spare parts for vehicles put on the market before 1 July 2007 |
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As spare parts for vehicles put on the market before 1 July 2008 |
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X |
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Mercury |
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Vehicles type approved before 1 July 2012 and spare parts for these vehicles |
X |
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Vehicles type approved before 1 July 2012 and spare parts for these vehicles |
X |
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Cadmium |
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As spare parts for vehicles put on the market before 31 December 2008 |
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Notes:
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(1) This exemption shall be reviewed in 2015.
(2) Dismantling if, in correlation with entry 10(a), an average threshold of 60 grams per vehicle is exceeded. For the application of this clause electronic devices not installed by the manufacturer on the production line shall not be taken into account.
(3) This exemption shall be reviewed in 2014.
(4) Dismantling if, in correlation with entries 8(a) to 8(j), an average threshold of 60 grams per vehicle is exceeded. For the application of this clause electronic devices not installed by the manufacturer on the production line shall not be taken into account.
(*1) This clause shall not apply to wheel balance weights, carbon brushes for electric motors and brake linings.’
DECISIONS
|
22.5.2013 |
EN |
Official Journal of the European Union |
L 135/19 |
COMMISSION DECISION
of 24 April 2013
amending Decision 2000/745/EC accepting undertakings offered in connection with the anti-dumping and anti-subsidy proceedings concerning imports of certain polyethylene terephthalate (PET) originating in India, Indonesia, Malaysia, the Republic of Korea, Taiwan and Thailand
(2013/223/EU)
THE EUROPEAN COMMISSION,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to Council Regulation (EC) No 1225/2009 of 30 November 2009 on protection against dumped imports from countries not members of the European Community (1) (the ‘basic anti-dumping Regulation’), and in particular Articles 8 and 9 thereof,
After consulting the Advisory Committee,
Whereas:
A. EXISTING MEASURES
|
(1) |
The Council, by Regulation (EC) No 192/2007 (2), imposed a definitive anti-dumping duty on imports of certain polyethylene terephtalate (‘PET’) originating in India, Indonesia, Malaysia, the Republic of Korea, Thailand and Taiwan following an expiry review and a partial interim review. The measures were originally imposed in August 2000 (3). Measures are currently subject to another expiry review (4). |
|
(2) |
The Commission, by Decision 2000/745/EC (5) (‘the Decision’), accepted a price undertaking (‘the undertaking’), inter alia, from the Indonesian company P.T. Polypet Karyapersada (‘Polypet’). Following the findings and conclusions relating to a ‘new exporter’ review (6), the Commission, by Decision 2002/232/EC (7) amending Decision 2000/745/EC, accepted an undertaking from the Indian company Futura Polyesters Limited (‘Futura’). |
B. OBLIGATIONS ARISING FROM THE UNDERTAKING
|
(3) |
One of the fundamental obligations arising from an undertaking is the quarterly reporting of sales, which enables the Commission to effectively monitor the undertaking. The monitoring obligation also covers the situation that no sales were carried out during a given quarter (a so-called ‘no sales’ report). |
|
(4) |
In addition, the exporting producers must immediately notify the Commission of any changes of the corporate structure of the company which might occur during the application of the undertaking. |
|
(5) |
The provisions of the undertaking stipulate that failure to cooperate with the Commission on these issues shall be considered as a breach of the undertaking. A recent ruling of the Court of Justice (8) also confirmed that reporting obligations must be regarded as primary obligations for the proper functioning of an undertaking. |
C. BREACHES OF THE UNDERTAKING
|
(6) |
The company Polypet did not send any sales report regarding the third quarter 2012, despite repetitive reminders. In addition, contrary to the provisions of the undertaking to which the company committed, Polypet did not inform the Commission immediately that its assets had been sold to another Indonesian company in August 2012. No report was received regarding the fourth quarter 2012. |
|
(7) |
The company Futura did not send any reports for the third and fourth quarter 2012, despite repetitive reminders. |
|
(8) |
These failures to submit reports and notifications on the change of company structure qualify as continuous non-cooperation, thus breaching the provisions of the undertakings. This justifies withdrawing both undertakings. |
D. WRITTEN SUBMISSIONS
|
(9) |
Both companies were granted the opportunity to be heard and make written submissions. No written submissions were received from the companies. |
E. AMENDMENT OF DECISION 2000/745/EC
|
(10) |
Therefore, in accordance with Article 8(9) of the basic anti-dumping Regulation and also in accordance with the relevant clauses of the undertakings authorising the Commission to withdraw the undertaking, the Commission has concluded that the acceptance of the undertakings offered by the companies Polypet and Futura should be withdrawn and Decision 2000/745/EC as amended by Decision 2002/232/EC should be amended. Accordingly, the definitive anti-dumping duties imposed by Article 1 of Regulation (EC) No 192/2007 should automatically apply to imports of PET manufactured by the companies Polypet and Futura (TARIC additional code A193 for Polypet and TARIC additional code A184 for Futura), |
HAS ADOPTED THIS DECISION:
Article 1
The acceptance of the undertakings in relation to the companies P.T. Polypet Karyapersada, Indonesia (TARIC additional code A193) and Futura Polyesters Limited, India (TARIC additional code A184) is hereby withdrawn.
Article 2
The table of Article 1 in Decision 2000/745/EC is replaced by the following table:
|
‘Country |
Companies |
TARIC additional code |
|
India |
Reliance Industries Limited |
A181 |
|
India |
Pearl Engineering Polymers Limited |
A182 |
|
India |
Dhunseri Petrochem & Tea Limited |
A585 ’ |
Article 3
This Decision shall enter into force on the day following that of its publication in the Official Journal of the European Union.
Done at Brussels, 24 April 2013.
For the Commission
The President
José Manuel BARROSO
(1) OJ L 343, 22.12.2009, p. 51.
(3) OJ L 199, 5.8.2000, p. 48.
(5) OJ L 301, 30.11.2000, p. 88.
(7) OJ L 78, 21.3.2002, p. 12 and OJ C 116, 15.5.2003, p. 2.
(8) Case C-552/10 P, http://curia.europa.eu/juris/document/document.jsf?text=&docid=130244&pageIndex=0&doclang=en&mode=req&dir=&occ=first&part=1&cid=825501
|
22.5.2013 |
EN |
Official Journal of the European Union |
L 135/21 |
COMMISSION IMPLEMENTING DECISION
of 17 May 2013
authorising a laboratory in Croatia to carry out serological tests to monitor the effectiveness of rabies vaccines
(notified under document C(2013) 2783)
(Text with EEA relevance)
(2013/224/EU)
THE EUROPEAN COMMISSION,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to Council Decision 2000/258/EC of 20 March 2000 designating a specific institute responsible for establishing the criteria necessary for standardising the serological tests to monitor the effectiveness of rabies vaccines (1), and in particular Article 3(2) thereof,
Whereas:
|
(1) |
Decision 2000/258/EC designates the Agence française de sécurité sanitaire des aliments (AFSSA) in Nancy, France (integrated since 1 July 2010 into the Agence nationale de sécurité sanitaire de l’alimentation, de l’environnement et du travail, ANSES), as the specific institute responsible for establishing the criteria necessary for standardising the serological tests to monitor the effectiveness of rabies vaccines. |
|
(2) |
That Decision provides that the ANSES is to document the appraisal of laboratories in third countries that have applied to carry out serological tests to monitor the effectiveness of rabies vaccines. |
|
(3) |
By adopting Commission Implementing Decision 2012/304/EU of 11 June 2012 authorising laboratories in Croatia and in Mexico to carry out serological tests to monitor the effectiveness of rabies vaccines (2), the Commission authorised the laboratory for rabies and general virology of the Croatian Veterinary Institute to carry out serological tests to monitor the effectiveness of rabies vaccines in dogs, cats and ferrets. |
|
(4) |
Following the unfavourable appraisal report established by the ANSES dated 3 September 2012, the authorisation granted to that laboratory has been withdrawn in accordance with Commission Decision 2010/436/EU of 9 August 2010 implementing Council Decision 2000/258/EC as regards proficiency tests for the purposes of maintaining authorisations of laboratories to carry out serological tests to monitor the effectiveness of rabies vaccines (3). |
|
(5) |
The competent authority of Croatia has submitted an application for re-approval of the laboratory for rabies and general virology of the Croatian Veterinary Institute which is supported by a favourable appraisal report established for that laboratory by the ANSES dated 15 February 2013. |
|
(6) |
The competent authority of Croatia has also officially informed the Commission that the name of the laboratory has changed. |
|
(7) |
That laboratory should therefore be authorised to carry out serological tests to monitor the effectiveness of rabies vaccines in dogs, cats and ferrets. |
|
(8) |
The measures provided for in this Decision are in accordance with the opinion of the Standing Committee on the Food Chain and Animal Health, |
HAS ADOPTED THIS DECISION:
Article 1
In accordance with Article 3(2) of Decision 2000/258/EC, the following laboratory is authorised to perform the serological tests to monitor the effectiveness of rabies vaccines in dogs, cats and ferrets:
|
Laboratory for rabies (Croatian National Reference Laboratory for Rabies) of Croatian Veterinary Institute |
|
Savska cesta 143 |
|
10000 Zagreb |
|
Croatia |
Article 2
This Decision shall apply from 1 June 2013.
Article 3
This Decision is addressed to the Member States.
Done at Brussels, 17 May 2013.
For the Commission
Tonio BORG
Member of the Commission
(1) OJ L 79, 30.3.2000, p. 40.
|
22.5.2013 |
EN |
Official Journal of the European Union |
L 135/22 |
COMMISSION IMPLEMENTING DECISION
of 17 May 2013
amending Implementing Decision 2012/362/EU concerning a financial contribution by the Union to certain Member States to support voluntary surveillance studies on honeybee colony losses, as regards extending the deadline for those Member States’ programmes on those studies
(notified under document C(2013) 2785)
(Only the Danish, Dutch, English, Estonian, Finnish, French, German, Greek, Hungarian, Italian, Latvian, Lithuanian, Polish, Portuguese, Slovak, Spanish and Swedish texts are authentic)
(2013/225/EU)
THE EUROPEAN COMMISSION,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to Council Decision 2009/470/EC of 25 May 2009 on expenditure in the veterinary field (1), and in particular Article 23 thereof,
Whereas:
|
(1) |
Commission Implementing Decision 2012/362/EU (2), provides for Union financial assistance to be granted to Belgium, Denmark, Germany, Estonia, Greece, Spain, France, Italy, Latvia, Lithuania, Hungary, Poland, Portugal, Slovakia, Finland, Sweden and the United Kingdom for their surveillance study programmes on honeybee colony losses for the period from 1 April 2012 to 30 June 2013. |
|
(2) |
The Guidelines for a pilot surveillance project on honeybee colony losses (3) of the European Union Reference Laboratory for honeybee health provides guidance to Member States on their surveillance study programmes on honeybee colony losses. It provides that three controls be carried out in selected apiaries and that the last control be carried out during the honey production season in order to objectively estimate the number of lost or weakened colonies. The period should be selected by the Member State depending on its specific climatic characteristics. |
|
(3) |
Certain Member States have requested that the period of the surveillance study programmes on honeybee colony losses, provided for in Implementing Decision 2012/362/EU, be extended after 30 June 2013, as taking account of the geographical location of those Member States and seasonal conditions, it could be impossible to complete their programmes before that date. |
|
(4) |
In order to make it possible for all Member States taking part in the surveillance study programmes on honeybee colony losses to conclude the third round of visits in summer, it is necessary to amend the end date provided for in Implementing Decision 2012/362/EU from 30 June 2013 to 30 September 2013. |
|
(5) |
Implementing Decision 2012/362/EU should therefore be amended accordingly. |
|
(6) |
The measures provided for in this Decision are in accordance with the opinion of the Standing Committee on the Food Chain and Animal Health, |
HAS ADOPTED THIS DECISION:
Article 1
In Article 1(2)(a) of Implementing Decision 2012/362/EU, ‘30 June 2013’ is replaced by ‘30 September 2013’.
Article 2
This Decision is addressed to the Kingdom of Belgium, the Kingdom of Denmark, the Federal Republic of Germany, the Republic of Estonia, the Hellenic Republic, the Kingdom of Spain, the French Republic, the Italian Republic, the Republic of Latvia, the Republic of Lithuania, Hungary, the Republic of Poland, the Portuguese Republic, the Slovak Republic, the Republic of Finland, the Kingdom of Sweden and the United Kingdom of Great Britain and Northern Ireland.
Done at Brussels, 17 May 2013.
For the Commission
Tonio BORG
Member of the Commission
(1) OJ L 155, 18.6.2009, p. 30.
(2) OJ L 176, 6.7.2012, p. 65.
(3) http://ec.europa.eu/food/animal/liveanimals/bees/docs/annex_i_pilot_project_en.pdf
|
22.5.2013 |
EN |
Official Journal of the European Union |
L 135/s3 |
NOTICE TO READERS
Council Regulation (EU) No 216/2013 of 7 March 2013 on the electronic publication of the Official Journal of the European Union
In accordance with Council Regulation (EU) No 216/2013 of 7 March 2013 on the electronic publication of the Official Journal of the European Union (OJ L 69, 13.3.2013, p. 1), as of 1 July 2013, only the electronic edition of the Official Journal shall be considered authentic and shall have legal effect.
Where it is not possible to publish the electronic edition of the Official Journal due to unforeseen and exceptional circumstances, the printed edition shall be authentic and shall have legal effect in accordance with the terms and conditions set out in Article 3 of Regulation (EU) No 216/2013.