17.4.2014   

EN

Official Journal of the European Union

L 115/1

(1)

Since 22 January 2011, pursuant to Council Decision 2010/48/EC (1), the Union has been bound by the United Nations Convention on the Rights of Persons with Disabilities; its provisions have become an integral part of the Union legal order.

(2)

On 26 November 2012, the Council authorised the Commission to negotiate, on behalf of the European Union, an international agreement within the World Intellectual Property Organization on improved access to books for print-impaired persons.

(3)

The negotiations were successfully concluded at the Diplomatic Conference held in Marrakesh from 17 to 28 June 2013 and the Marrakesh Treaty to Facilitate Access to Published Works for Persons who are Blind, Visually Impaired, or otherwise Print Disabled (the ‘Marrakesh Treaty’) was adopted on 27 June 2013.

(4)

The Marrakesh Treaty establishes a set of international rules which ensure that there are limitations or exceptions to copyright at national level for the benefit of persons who are blind, visually impaired, or otherwise print disabled and enable the cross-border exchange of accessible format copies of published works that have been made under limitations or exceptions to copyright.

(5)

The Marrakesh Treaty is open for signing by any eligible party for one year after its adoption. It should be signed on behalf of the Union as regards matters falling within the Union's competence, subject to its conclusion at a later date,

17.4.2014   

EN

Official Journal of the European Union

L 115/3

(1)

In line with Articles 10 and 11 of the Treaty on European Union, every citizen has the right to participate in the democratic life of the Union and the Union's institutions should give citizens and representative associations the opportunity to make known and publicly exchange their views in all areas of Union action, as well as maintain an open, transparent and regular dialogue with representative associations and civil society.

(2)

With the Commission Communication of 3 March 2010 entitled ‘Europe 2020 — A strategy for smart, sustainable and inclusive growth’, the Union and the Member States aim at delivering growth, employment, productivity and social cohesion for the coming decade.

(3)

While there is objectively an added value in being a Union citizen with established rights, the Union does not always highlight in an effective way the link between the solution to a broad range of economic and social problems and the Union's policies. Hence, the impressive achievements in terms of peace and stability in Europe, long-term sustainable growth, stable prices, an efficient protection of consumers and the environment and the promotion of fundamental rights, have not always led to a strong feeling among citizens of belonging to the Union.

(4)

In order to bring Europe closer to its citizens and to enable them to participate fully in the construction of an ever closer Union, a variety of actions and coordinated efforts through transnational and Union level activities are required. The European Citizens' Initiative provides a unique opportunity to enable citizens to participate directly in shaping the development of EU legislation (3).

(5)

Decision No 1904/2006/EC of the European Parliament and of the Council (4) set out an action programme which has confirmed the need to promote sustained dialogue with civil society organisations and municipalities and to support the active involvement of citizens.

(6)

The interim evaluation report of the Europe for Citizens programme (2007-2013), together with a public online consultation and two consecutive stakeholder consultation meetings, have confirmed that a new ‘Europe for Citizens’ programme is considered relevant both by civil society organisations and by participating individuals. It was also considered that it should be established in order to have an impact at an organisational level in terms of capacity-building and on a personal level in terms of increased interest in Union matters. This Regulation should therefore establish a ‘Europe for Citizens’ programme for the period from 2014 to 2020 (the Programme).

(7)

With regard to the themes of projects, their embedding in the local and regional context, and the composition of stakeholders, there should be important synergies with other Union programmes, namely in the areas of education, vocational training and youth, sport, culture and the audiovisual sector, fundamental rights and freedoms, social inclusion, gender equality, combating discrimination, research and innovation, information society, enlargement and the external action of the Union.

(8)

The Programme should cover a wide spectrum of different actions, including, citizens' meetings, contacts and debates on citizenship issues, Union level events, initiatives to raise awareness of, and to promote reflection on, defining moments in European history, initiatives to make European citizens, particularly young people, aware of the history of the Union and of the functioning of the Union institutions, and debates on European policy issues, with a view to invigorating all aspects of public life.

(9)

The European Parliament resolution of 2 April 2009 on European conscience and totalitarianism and the Council Conclusions of 9-10 June 2011 on the memory of the crimes committed by totalitarian regimes in Europe underline the importance of keeping the memories of the past alive as a means of moving beyond the past and building the future, and highlight the value of the Union's role in facilitating, sharing and promoting the collective memory of these crimes. The relevance of historical, cultural and intercultural aspects should therefore also be taken into account, as well as the existing links between remembrance and European identity.

(10)

A horizontal dimension of the Programme should ensure the valorisation and transferability of results for enhanced impact and long-term sustainability. For this purpose, activities launched should have a link to the Union political agenda and be communicated appropriately.

(11)

Special attention should be paid to the balanced integration and participation of citizens and civil society organisations from all Member States into transnational projects and activities, taking into account the multilingual character of the Union and the need to include underrepresented groups.

(12)

The acceding countries, candidate countries and potential candidates benefiting from a pre-accession strategy on one side, and the EFTA countries party to the EEA Agreement on the other side are recognised as potential participants in Union programmes, in accordance with the agreements concluded with them. Furthermore, pursuant to Council Decision 2001/822/EC (5), overseas countries and territories are eligible to participate in the Programme.

(13)

The objectives of establishing deep and sustainable democracy and developing a thriving civil society should be common to both the Programme and Regulation (EU) No 232/2014 of the European Parliament and of the Council (6). The Union offers a privileged relationship, building upon a mutual commitment to shared values and principles, to the countries covered by the European Neighbourhood Instrument.

(14)

The resources allocated to communication actions under this Regulation could also contribute to institutional communication of the political priorities of the Union as far as they are related to the general objectives of this Regulation.

(15)

The Programme should be monitored regularly and evaluated independently in cooperation with the Commission and the Member States in order to allow for the readjustments which are necessary if the measures are to be properly implemented.

(16)

The financial interests of the Union should be protected through proportionate measures throughout the expenditure cycle, including the prevention, detection and investigation of irregularities, the recovery of funds lost, unduly paid or incorrectly used and, where appropriate, administrative and financial penalties in accordance with Regulation (EU, Euratom) No 966/2012 of the European Parliament and of the Council (7) (hereinafter ‘the Financial Regulation’) and Commission Delegated Regulation (EU) No 1268/2012 (8).

(17)

Preference should be given to grants for projects irrespective of their size but with a high impact, in particular those which are directly linked to Union policies with a view to participating in the shaping of the Union political agenda. Moreover, following the principle of sound financial management, the implementation of the Programme should be further simplified by recourse to lump-sums, flat-rate financing and the application of unit-cost rates.

(18)

In order to ensure continuity in the funding support to be covered by the Programme, this Regulation should apply from 1 January 2014. For reasons of urgency, this Regulation should enter into force immediately after its publication.

(19)

Since the objectives of this Regulation, namely to contribute to citizens' understanding of the Union, its history and diversity, and to foster European citizenship and improve the conditions for civic and democratic participation, cannot be sufficiently achieved by the Member States and can therefore, by reason of the transnational and multilateral nature of the Programme, be better achieved at Union level, the Union may adopt measures in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty on European Union. In accordance with the principle of proportionality, as set out in that Article, this Regulation does not go beyond what is necessary in order to achieve those objectives.

(20)

A financial reference amount for the Programme, within the meaning of point 18 of the Interinstitutional Agreement of 2 December 2013 between the European Parliament, the Council and the Commission on budgetary discipline, on cooperation in budgetary matters and on sound financial management (9), is included in this Regulation for the entire duration of the Programme, without the budgetary powers of the European Parliament and the Council, as set out in the Treaty on the Functioning of the European Union, being affected thereby.

(21)

This Regulation should provide for transitional measures to monitor actions which began before 31 December 2013 under Decision No 1904/2006/EC.

(22)

In order to ensure uniform conditions for the implementation of this Regulation, implementing powers should be conferred on the Commission within the scope and the objectives of the Programme. Those powers should be exercised in accordance with Regulation (EU) No 182/2011 of the European Parliament and of the Council (10),

(a)

to contribute to citizens' understanding of the Union, its history and diversity;

(b)

to foster European citizenship and to improve conditions for civic and democratic participation at Union level.

(a)

to raise awareness of remembrance, the common history and values of the Union and the Union's aim, namely to promote peace, the values of the Union and the well-being of its peoples, by stimulating debate, reflection and the development of networks;

(b)

to encourage the democratic and civic participation of citizens at Union level, by developing citizens' understanding of the Union policy making-process and promoting opportunities for societal and intercultural engagement and volunteering at Union level.

(a)

‘European remembrance’;

(b)

‘Democratic engagement and civic participation’.

(a)

Mutual learning and cooperation activities such as:

(b)

Structural support for organisations such as:

(c)

Union level analytical activities such as:

(d)

Awareness raising and dissemination activities designed to use and further valorise the results of the supported initiatives and to highlight good practices, such as:

(a)

the Member States;

(b)

acceding countries, candidate countries and potential candidates, in accordance with the general principles and general terms and conditions for the participation of those countries in Union programmes established in the respective Framework Agreements, Association Council Decisions or similar Agreements;

(c)

the EFTA countries party to the EEA Agreement, in accordance with that Agreement.

(a)

by 31 December 2017, an interim evaluation report on the results obtained and on the qualitative and quantitative aspects of the implementation of the Programme;

(b)

by 31 December 2018, a communication on the continuation of the Programme;

(c)

by 1 July 2023, an ex-post evaluation report.

17.4.2014   

EN

Official Journal of the European Union

L 115/14

(1)

By Regulation (EC) No 598/2009 (2) the Council imposed a definitive countervailing duty on imports of fatty-acid mono-alkyl esters and/or paraffinic gasoil obtained from synthesis and/or hydro-treatment, of non-fossil origin, commonly known as ‘biodiesel’, in pure form or in a blend containing by weight more than 20 % of fatty-acid mono-alkyl esters and/or paraffinic gasoil obtained from synthesis and/or hydro-treatment, of non-fossil origin (‘the product under review’, or ‘biodiesel’), currently falling within CN codes ex 1516 20 98, ex 1518 00 91, ex 1518 00 99, ex 2710 19 43, ex 2710 19 46, ex 2710 19 47, ex 2710 20 11, ex 2710 20 15, ex 2710 20 17, ex 3824 90 97, 3826 00 10 and ex 3826 00 90 originating in the United States of America (‘measures in force’).

(2)

By Implementing Regulation (EU) No 443/2011 (3), following an anti-circumvention investigation, the Council extended the definitive anti-subsidy duty on imports of biodiesel originating in the United States of America to imports of biodiesel consigned from Canada, whether declared as originating in Canada or not (‘measures in force as extended’).

(3)

A request for a partial interim review (‘the review request’) pursuant to Article 19 and Article 23(6) of Regulation (EC) No 597/2009 (the ‘basic Regulation’) was lodged by Ocean Nutrition Canada (‘the applicant’), an exporting producer from Canada.

(4)

The review request was limited in scope to the examination of the possibility of granting an exemption from the measures in force as extended, as far as the applicant is concerned.

(5)

In the review request the applicant claimed that it is a genuine producer of biodiesel and that it is able to produce the entire quantity of biodiesel that it has shipped to the Union since the start of the investigation period of the anti-circumvention investigation leading to the imposition of the measures in force as extended.

(6)

The investigation period which was taken into consideration for the anti-circumvention investigation, covered the period from 1 April 2009 to 30 June 2010 (‘the original investigation period’). The investigation period for this investigation covered the period from 1 April 2012 to 31 March 2013 (‘the investigation period’).

(7)

The applicant provided prima facie evidence that it had been established as a producer of biodiesel in Canada long before the imposition of the measures in force. In addition, the applicant claimed that it is not related to any producer of biodiesel located in the United States of America.

(8)

Having determined, after consulting the Advisory Committee, that the review request contained sufficient prima facie evidence to justify the initiation of a partial interim review, by a notice published in the Official Journal of the European Union  (4) (‘the notice of initiation’), the Commission initiated, on 30 April 2013, a partial interim review pursuant to Article 19 and Article 23(6) of the basic Regulation limited to the examination of the possibility of granting an exemption from the measures in force as extended as far as the applicant is concerned.

(9)

The Commission officially informed the applicant and the representatives of Canada about the initiation of the partial interim review. Interested parties were given the opportunity to make their views known in writing and to a request a hearing within the time limit set in the notice of initiation. Only the applicant came forward. No hearing was requested.

(10)

The Commission received the questionnaire reply submitted by the applicant, which was verified on the spot at the applicant's premises in Canada.

(11)

The investigation established that the applicant is a genuine producer of biodiesel and that it is not related to any producer of biodiesel located in the United States of America.

(12)

As a result of the findings made during the on-the-spot visits at its premises in Canada, the applicant was requested to submit further information proving that its production capacity was sufficient in order to support its volume of sales during the investigation period.

(13)

Notwithstanding several extensions of the deadline, the applicant did not provide to the Commission the information requested.

(14)

Furthermore, the investigation showed that after the entry into force of the measures in force as extended, the applicant might have exported the product concerned to the Union under a CN code not subject to those measures. The applicant was invited by the Commission to justify the use of that CN code. However, it did not provide any information or any other evidence showing that those exports should be covered by the CN code not subject to the measures in force as extended.

(15)

On the basis of the above, it is considered that the applicant has failed to demonstrate that it was able to produce the entire quantity of biodiesel that it shipped to the Union since the start of the original investigation period. Notwithstanding the fact that the applicant did not provide the information requested by the Commission, it did not provide any other evidence showing that it was not involved in circumvention practices. For that reason, the review investigation should be terminated without granting the applicant an exemption from the measures in force as extended.

(16)

Interested parties were informed of the intention to terminate the review investigation and were given the opportunity to comment. No comments which could alter the decision to terminate the review investigation were received.

(17)

It is therefore concluded that the partial interim review concerning the anti-subsidy measures on imports of biodiesel originating in the United States of America, as extended to imports of biodiesel consigned from Canada, whether declared as originating in Canada or not should be terminated without amending the measures in force as extended,

17.4.2014   

EN

Official Journal of the European Union

L 115/17

(1)

By Regulation (EC) No 599/2009 (2) the Council imposed a definitive anti-dumping duty on imports of fatty-acid mono-alkyl esters and/or paraffinic gasoil obtained from synthesis and/or hydro-treatment, of non-fossil origin, commonly known as ‘biodiesel’, in pure form or in a blend containing by weight more than 20 % of fatty-acid mono-alkyl esters and/or paraffinic gasoil obtained from synthesis and/or hydro-treatment, of non-fossil origin (‘the product under review’, or ‘biodiesel’), currently falling within CN codes ex 1516 20 98, ex 1518 00 91, ex 1518 00 99, ex 2710 19 43, ex 2710 19 46, ex 2710 19 47, ex 2710 20 11, ex 2710 20 15, ex 2710 20 17, ex 3824 90 97, 3826 00 10 and ex 3826 00 90 originating in the United States of America (‘measures in force’).

(2)

By Implementing Regulation (EU) No 444/2011 (3), following an anti-circumvention investigation, the Council extended the definitive anti-dumping duty on imports of biodiesel originating in the United States of America to imports of biodiesel consigned from Canada, whether declared as originating in Canada or not (‘measures in force as extended’).

(3)

A request for a partial interim review (‘the review request’) pursuant to Articles 11(3) and 13(4) of Regulation (EC) No 1225/2009 (‘the basic Regulation’) was lodged by Ocean Nutrition Canada (‘the applicant’), an exporting producer from Canada.

(4)

The review request was limited in scope to the examination of the possibility of granting an exemption from the measures in force as extended, as far as the applicant is concerned.

(5)

In the review request the applicant claimed that it is a genuine producer of biodiesel and that it is able to produce the entire quantity of biodiesel that it has shipped to the Union since the start of the investigation period of the anti-circumvention investigation leading to the imposition of the measures in force as extended.

(6)

The investigation period which was taken into consideration for the anti-circumvention investigation, covered the period from 1 April 2009 to 30 June 2010 (‘the original investigation period’). The investigation period for the present investigation covered the period from 1 April 2012 to 31 March 2013 (‘the investigation period’).

(7)

The applicant provided prima facie evidence that it had been established as a producer of biodiesel in Canada long before the imposition of the measures in force. In addition, the applicant claimed that it is not related to any producer of biodiesel located in the United States of America.

(8)

Having determined, after consulting the Advisory Committee, that the review request contained sufficent prima facie evidence to justify the initiation of a partial interim review, by a notice published in the Official Journal of the European Union  (4) (‘the notice of initiation’), the Commission initiated, on 30 April 2013, a partial interim review pursuant to Articles 11(3) and 13(4) of the basic Regulation limited to the examination of the possibility of granting an exemption from the measures in force as extended as far as the applicant is concerned.

(9)

The Commission officially informed the applicant and the representatives of Canada about the initiation of the partial interim review. Interested parties were given the opportunity to make their views known in writing and to a request a hearing within the time limit set in the notice of initiation. Only the applicant came forward. No hearing was requested.

(10)

The Commission received the questionnaire reply submitted by the applicant, which was verified on the spot at the applicant's premises in Canada.

(11)

The investigation established that the applicant is a genuine producer of biodiesel and that it is not related to any producer of biodiesel located in the United States of America.

(12)

As a result of the findings made during the on-the-spot visits at its premises in Canada, the applicant was requested to submit further information proving that its production capacity was sufficient in order to support its volume of sales during the investigation period.

(13)

Notwithstanding several extensions of the deadline, the applicant did not provide to the Commission the information requested.

(14)

Furthermore, the investigation showed that after the entry into force of the measures in force as extended, the applicant might have exported the product concerned to the Union under a CN code not subject to those measures. The applicant was invited by the Commission to justify the use of that CN code. However, it did not provide any information or any other evidence showing that those exports should be covered by the CN code not subject to the measures in force as extended.

(15)

On the basis of the above, it is considered that the applicant has failed to demonstrate that it was able to produce the entire quantity of biodiesel that it shipped to the Union since the start of the original investigation period. Notwithstanding the fact that the applicant did not provide the information requested by the Commission, it did not provide any other evidence showing that it was not involved in circumvention practices. For that reason, the review investigation should be terminated without granting the applicant an exemption from the measures in force as extended.

(16)

Interested parties were informed of the intention to terminate the review investigation and were given the opportunity to comment. No comments which could alter the decision to terminate the review investigation were received.

(17)

It is therefore concluded that the partial interim review concerning the anti-dumping measures on imports of biodiesel originating in the United States of America, as extended to imports of biodiesel consigned from Canada, whether declared as originating in Canada or not should be terminated without amending the measures in force as extended,

17.4.2014   

EN

Official Journal of the European Union

L 115/20

(1)

Council Regulation (EU) No 43/2014 of 20 January 2014 fixing for 2014 the fishing opportunities for certain fish stocks and groups of fish stocks, applicable in Union waters and, to Union vessels, in certain non-Union waters (2), lays down quotas for 2014.

(2)

According to the information received by the Commission, catches of the stock referred to in the Annex to this Regulation by vessels flying the flag of or registered in the Member State referred to therein have exhausted the quota allocated for 2014.

(3)

It is therefore necessary to prohibit fishing activities for that stock,

17.4.2014   

EN

Official Journal of the European Union

L 115/22

(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,

17.4.2014   

EN

Official Journal of the European Union

L 115/24

(1)

Commission Regulation (EC) No 1484/95 (2) lays down detailed rules for implementing the system of additional import duties and fixes representative prices in the poultrymeat and egg sectors and for egg albumin.

(2)

Regular monitoring of the data used to determine representative prices for poultrymeat and egg products and for egg albumin shows that the representative import prices for certain products should be amended to take account of variations in price according to origin.

(3)

Regulation (EC) No 1484/95 should be amended accordingly.

(4)

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,

17.4.2014   

EN

Official Journal of the European Union

L 115/26

(1)

Commission Regulation (EC) No 341/2007 (3) opens and provides for the administration of tariff quotas and introduces a system of import licences and certificates of origin for garlic and other agricultural products imported from third countries.

(2)

The quantities for which ‘A’ licence applications have been lodged by traditional importers and by new importers during the first seven working days of April 2014, pursuant to Article 10(1) of Regulation (EC) No 341/2007 exceed the quantities available for products originating in China.

(3)

Therefore, in accordance with Article 7(2) of Regulation (EC) No 1301/2006, it is now necessary to establish the extent to which the ‘A’ licence applications sent to the Commission by 14 April 2014 can be met in accordance with Article 12 of Regulation (EC) No 341/2007.

(4)

In order to ensure sound management of the procedure of issuing import licences, the present Regulation should enter into force immediately after its publication,

17.4.2014   

EN

Official Journal of the European Union

L 115/28

(1)

Directive 2007/23/EC lays down rules for the safety of pyrotechnic articles on the Union market and provides for the setting up of a traceability system at Union level.

(2)

In order to ensure traceability of pyrotechnic articles they should be labelled with a registration number based on a uniform numbering system. Notified bodies should maintain a register with the registration numbers they assign when carrying out the conformity assessment. Such a system would guarantee identification of pyrotechnic articles and their manufacturers throughout all stages of the supply chain. Manufacturers and importers should maintain records of the registration numbers of the pyrotechnic articles made available on the market and make that information available to the relevant authorities upon request.

(3)

The uniform numbering system is based on elements already applied in accordance with existing harmonised standards and will therefore create little additional burden on economic operators.

(4)

The measures provided for in this Directive are in accordance with the opinion of the Committee established by Directive 2007/23/EC,

(a)

the four-digit identification number of the notified body that has issued EC type-examination certificate in accordance with the conformity assessment procedure referred to in Article 9(a) of Directive 2007/23/EC (Module B), or certificate of conformity in accordance with the conformity assessments procedure referred to in Article 9(b) of Directive 2007/23/EC (Module G) or quality system approval in accordance with the conformity assessment procedure referred to in Article 9(c) of Directive 2007/23/EC (Module H);

(b)

the category of the pyrotechnic article for which conformity is certified in abbreviated format, in upper case:

(c)

the processing number used by the notified body for the pyrotechnic article.

(a)

keep a record of all registration numbers of pyrotechnic articles manufactured or imported by them together with their trade name, generic type and subtype, if applicable, and the site of manufacture for at least 10 years after the article has been placed on the market;

(b)

transfer the record to the competent authorities in case the manufacturer or importer is ceasing its activity;

(c)

provide the competent authorities and market surveillance authorities of all Member States, upon their reasoned request, with the information referred to in point (a).