(1)

Section 2 of Chapter 3 of Title VII of Part I of Commission Regulation (EEC) No 2454/93 (2) sets out the rules concerning ‘customs declarations made by any other act’. In accordance with Articles 230, 231 and 232 of that Regulation, certain categories of goods are to be considered to have been declared for release for free circulation, for export or for temporary importation by an act which is considered to be a customs declaration in the forms set out in Article 233.

(2)

However, portable musical instruments which are temporarily imported by travellers with the intention of using them as professional equipment are to be presented to customs and to be declared explicitly for the temporary importation procedure.

(3)

Recent incidents, where artists in the music sector have been negatively affected by the application of customs rules at import, have indicated that there is a need to simplify the access to the temporary importation procedure by allowing such portable musical instruments to be declared by any other act. In order to avoid that similar problems occur in connection with export and reimport, such simplification should also cover portable musical instruments which have been declared for export or which have been re-imported and declared for release for free circulation as returned goods by travellers.

(4)

Regulation (EEC) No 2454/93 should therefore be amended accordingly.

(5)

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

(1)

In Article 230, the following point (e) is added:

(2)

In Article 231, the following point (e) is added:

(3)

In Article 232, paragraph 1, the following point (d) is added:

(4)

In Article 569, the following paragraph 1a is inserted:

(1)

Regulation (EC) No 1831/2003 provides for the authorisation of additives for use in animal nutrition and for the grounds and procedures for granting such authorisation.

(2)

In accordance with Article 7 of Regulation (EC) No 1831/2003, an application was submitted for the authorisation of a preparation of Enterococcus faecium NBIMCC 8270, Lactobacillus acidophilus NBIMCC 8242, Lactobacillus helveticus NBIMCC 8269, Lactobacillus delbrueckii ssp. lactis NBIMCC 8250, Lactobacillus delbrueckii ssp. bulgaricus NBIMCC 8244, and Streptococcus thermophilus NBIMCC 8253. That application was accompanied by the particulars and documents required under Article 7(3) of Regulation (EC) No 1831/2003.

(3)

That application concerns the authorisation of a preparation of Enterococcus faecium NBIMCC 8270, Lactobacillus acidophilus NBIMCC 8242, Lactobacillus helveticus NBIMCC 8269, Lactobacillus delbrueckii ssp. lactis NBIMCC 8250, Lactobacillus delbrueckii ssp. bulgaricus NBIMCC 8244, and Streptococcus thermophilus NBIMCC 8253 as a feed additive for suckling piglets, to be classified in the additive category ‘zootechnical additives’.

(4)

The European Food Safety Authority (‘the Authority’) concluded in its opinion of 12 March 2013 (2) that, under the proposed conditions of use, the preparation of Enterococcus faecium NBIMCC 8270, Lactobacillus acidophilus NBIMCC 8242, Lactobacillus helveticus NBIMCC 8269, Lactobacillus delbrueckii ssp. lactis NBIMCC 8250, Lactobacillus delbrueckii ssp. bulgaricus NBIMCC 8244, and Streptococcus thermophilus NBIMCC 8253 does not have an adverse effect on animal health, human health or the environment. The Authority recognised that it has the potential to increase the body weight in suckling piglets. The Authority does not consider that there is a need for specific requirements of post-market monitoring. It also verified the report on the method of analysis of the feed additive in feed submitted by the Reference Laboratory set up by Regulation (EC) No 1831/2003.

(5)

The assessment of that preparation shows that the conditions for authorisation, as provided for in Article 5 of Regulation (EC) No 1831/2003, are satisfied. Accordingly, the use of that preparation should be authorised as specified in the Annex to this Regulation.

(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,

(1)

Regulation (EC) No 1831/2003 provides for the authorisation of additives for use in animal nutrition and for the grounds and procedures for granting such authorisation. Article 10 of that Regulation provides for the re-evaluation of additives authorised pursuant to Council Directive 70/524/EEC (2).

(2)

Fumaric acid was authorised in accordance with Directive 70/524/EEC as a feed additive, without a time limit, for use on all animal species by Commission Directive 80/678/EEC (3). That additive was subsequently entered in the Register of feed additives as an existing product, in accordance with Article 10(1)(b) of Regulation (EC) No 1831/2003.

(3)

In accordance with Article 10(2) of Regulation (EC) No 1831/2003 in conjunction with Article 7 of that Regulation, an application was submitted for the re-evaluation of fumaric acid, as a feed additive for all animal species, requesting that additive to be classified in the additive category ‘technological additives’. That application was accompanied by the particulars and documents required under Article 7(3) of Regulation (EC) No 1831/2003.

(4)

The European Food Safety Authority (‘the Authority’) concluded in its opinion of 29 January 2013 (4) that, under the proposed conditions of use, fumaric acid does not have an adverse effect on animal health, human health or the environment and it has the potential to preserve feed. The Authority does not consider that there is a need for specific requirements of post-market monitoring. It also verified the report on the method of analysis of the feed additive in feed submitted by the Reference Laboratory set up by Regulation (EC) No 1831/2003.

(5)

The assessment of fumaric acid shows that the conditions for authorisation, as provided for in Article 5 of Regulation (EC) No 1831/2003, are satisfied. Accordingly, the use of fumaric acid should be authorised as specified in the Annex to this Regulation.

(6)

Since safety reasons do not require the immediate application of the modifications to the conditions of authorisation, it is appropriate to allow a transitional period for interested parties to prepare themselves to meet the new requirements resulting from the authorisation.

(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,

(1)

Regulations (EC) No 853/2004 and (EC) No 854/2004 provide for significant changes to the rules and procedures to be complied with by food business operators and the competent authorities of the Member States. Those Regulations apply from 1 January 2006. However, the application of a number of those rules and procedures with immediate effect from that date would have presented practical difficulties in certain cases.

(2)

Accordingly, Commission Regulation (EC) No 1162/2009 of 30 November 2009 laying down transitional measures for the implementation of Regulations (EC) No 853/2004, (EC) No 854/2004 and (EC) No 882/2004 of the European Parliament and of the Council (3) lays down transitional measures for a transitional period ending on 31 December 2013, in order to permit a smooth transition to the full implementation of the rules and procedures laid down in those three Regulations. The duration of the transitional period was fixed taking into account the review of this regulatory framework on hygiene provided for in those Regulations.

(3)

The Report of 28 July 2009 from the Commission to the European Parliament and the Council on the experience gained from the application of the hygiene Regulations (EC) No 852/2004, (EC) No 853/2004 and (EC) No 854/2004 of the European Parliament and of the Council of 29 April 2004 (4)‘aims at presenting factually the experience gained, including the difficulties encountered, in 2006, 2007 and 2008 from the implementation of the hygiene package by all interested actors’ (‘the report’).

(4)

The report includes experiences on the transitional measures laid down in Regulation (EC) No 1162/2009. The report indicates that difficulties are noted in relation to the local supply of small quantities of certain food, that further clarification of situations is necessary where national import rules apply in the absence of harmonised Union rules and that crises due to imported composite products have confirmed the need for greater control of such products.

(5)

Those difficulties need to be addressed by a review of Regulations (EC) No 853/2004 and (EC) No 854/2004. An impact assessment, accompanying such a review was launched immediately after the publication of the report. However, more time is needed to finalise the impact assessment before launching the ordinary procedure for the review.

(6)

In addition, based on the information received from the Food and Veterinary Office, the competent authorities in the Member States and the relevant food business sectors in the Union, certain transitional measures laid down in Regulation (EC) No 1162/2009 should be maintained pending the completion of that review.

(7)

Provision should therefore be made for a further transitional period during which certain transitional measures currently laid down in Regulation (EC) No 1162/2009 should continue to apply.

(8)

Regulation (EC) No 853/2004 excludes from its scope of application the direct supply, by the producer, of small quantities of meat from poultry and lagomorphs slaughtered on the farm to the final consumer or to local retail establishments supplying directly the final consumer as fresh meat. However, limiting that provision to fresh meat before the end of the review exercise of that Regulation would be an additional burden for small producers. Accordingly, Regulation (EC) No 1162/2009 provides for a derogation from the provisions of Regulation (EC) No 853/2004 for the direct supply of such commodities under certain conditions, without limiting it to fresh meat. That exclusion should be maintained during the additional transitional period provided for in this Regulation.

(9)

Regulations (EC) No 853/2004 and (EC) No 854/2004 lay down certain rules for imports into the Union of products of animal origin and food containing both products of plant origin and processed products of animal origin (composite products). Regulation (EC) No 1162/2009 provides for transitional measures derogating from certain of those rules for certain composite products for which the public health import conditions for imports into the Union have not yet been harmonised at Union level. Those conditions were amended by Commission Regulation (EU) No 28/2012 of 11 January 2012 laying down requirements for the certification for imports into and transit through the Union of certain composite products and amending Decision 2007/275/EC and Regulation (EC) No 1162/2009 (5) and will not be completely harmonised before 31 December 2013. Accordingly, pending future harmonisation of Union legislation, it is necessary to provide for derogations during the additional transitional period laid down in this Regulation.

(10)

In the interests of clarity, Regulation (EC) No 1162/2009 should be repealed.

(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 and neither the European Parliament nor the Council have opposed them,

(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,

(1)

Article 136(1) of Regulation (EC) No 1234/2007 states that the import duty on products covered by CN codes 1001 19 00, 1001 11 00, ex 1001 91 20 (common wheat seed), ex 1001 99 00 (high quality common wheat other than for sowing), 1002 10 00, 1002 90 00, 1005 10 90, 1005 90 00, 1007 10 90 and 1007 90 00 is to be equal to the intervention price valid for such products on importation and increased by 55 %, minus the cif import price applicable to the consignment in question. However, that duty may not exceed the rate of duty in the Common Customs Tariff.

(2)

Article 136(2) of Regulation (EC) No 1234/2007 lays down that, in order to calculate the import duty referred to in paragraph 1 of that Article, representative cif import prices are to be established on a regular basis for the products in question.

(3)

Under Article 2(2) of Regulation (EU) No 642/2010, the price to be used for the calculation of the import duty on products covered by CN codes 1001 19 00, 1001 11 00, ex 1001 91 20 (common wheat seed), ex 1001 99 00 (high quality common wheat other than for sowing), 1002 10 00, 1002 90 00, 1005 10 90, 1005 90 00, 1007 10 90 and 1007 90 00 is the daily cif representative import price determined as specified in Article 5 of that Regulation.

(4)

Import duties should be fixed for the period from 1 November 2013 and should apply until new import duties are fixed and enter into force.

(5)

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

(1)

Commission Decision 2007/742/EC (2) expires on 31 December 2013.

(2)

An assessment has been carried out to evaluate the relevance and appropriateness of the current ecological criteria, as well as of the related assessment and verification requirements, established by this Decision. Given the stage of the revision process for this Decision, it is appropriate to prolong the period of validity of the ecological criteria and the related assessment and verification requirements which it sets out. The period of validity of the ecological criteria and the related assessment and verification requirements set out in Decision 2007/742/EC should be prolonged until 31 October 2014.

(3)

Decision 2007/742/EC should therefore be amended accordingly.

(4)

The measures provided for in this Decision are in accordance with the opinion of the Committee set up by Article 16 of Regulation (EC) No 66/2010,

(1)

To implement Article 10 of Decision No 406/2009/EC, Member States’ annual emissions allocations for the period from 2013 to 2020 as determined pursuant to the Commission Decision 2013/162/EU (2) should be adjusted in accordance with the quantity of:

(2)

Data as submitted by the Member States pursuant to Article 9a(2) of Directive 2003/87/EC and as contained in Commission Decisions C(2011)3798, C(2008)7867, C(2009)3032, C(2009)9849 and C(2012)497 to accept the unilateral inclusion of additional greenhouse gases and activities by Italy, the Netherlands, Austria, Latvia and the United Kingdom pursuant to Article 24 of Directive 2003/87/EC, as well as taking in consideration the exclusion of installations with low emissions from the EU ETS by Germany, the United Kingdom, France, Spain, Croatia, Slovenia and Italy pursuant to Article 27 of Directive 2003/87/EC and adjusted by the Commission with the 1,74 % linear factor, were used in the calculation of the adjustment to each Member State’s annual emission allocation, as relevant.

(3)

The quantity relevant for the application of Article 7 of Decision No 406/2009/EC should be calculated as the difference between the annual emission allocations laid down in Decision 2013/162/EU and the adjustments as set out in this Decision. If the adjustment figure is negative, the relevant quantity should be calculated by increasing the annual emission allocations as laid down in Decision 2013/162/EU by the adjustments set out in this Decision.

(4)

To ensure consistency between the determination of the annual emission allocations, the adjustments thereto and the reported greenhouse gas emissions for each year, Member States’ adjustments to the annual emission allocations should also be calculated by applying the global warming potential values from the fourth assessment report of the Intergovernmental Panel on Climate Change adopted by Decision 15/CP.17 of the Conference of the Parties of the United Nations Framework Convention on Climate Change. The adjustments to the annual emission allocations calculated as such should become applicable from the first year for which the reporting of greenhouse gas inventories using these new global warming potential values becomes compulsory pursuant to Article 7(6)b of Regulation (EU) No 525/2013 of the European Parliament and of the Council (4).

(5)

In order to ensure the timely implementation of Decision No 406/2009/EC and to ensure legal certainty regarding Member States’ adjusted annual emissions allocations and the quantity relevant for the application of Article 7 of Decision No 406/2009/EC, this Decision should enter into force three days after its publication in the Official Journal of the European Union.