ISSN 1977-0677
Official Journal
of the European Union
L 119
English edition
Legislation
Volume 57
23 April 2014
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ISSN 1977-0677 |
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Official Journal of the European Union |
L 119 |
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English edition |
Legislation |
Volume 57 |
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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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23.4.2014 |
EN |
Official Journal of the European Union |
L 119/1 |
COUNCIL IMPLEMENTING REGULATION (EU) No 397/2014
of 16 April 2014
implementing Regulation (EU) No 267/2012 concerning restrictive measures against Iran
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to Council Regulation (EU) No 267/2012 of 23 March 2012 concerning restrictive measures against Iran (1), and in particular Article 46(2) thereof,
Whereas:
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(1) |
On 23 March 2012, the Council adopted Regulation (EU) No 267/2012. |
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(2) |
By its judgment of 12 November 2013 in Case T-552/12 (2), the General Court of the European Union annulled Council Implementing Regulation (EU) No 945/2012 (3) insofar as it included North Drilling Company (NDC) in the list of persons and entities subject to restrictive measures, as set out in Annex IX to Regulation (EU) No 267/2012. |
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(3) |
North Drilling Company (NDC) should be included again in the list of persons and entities subject to restrictive measures, on the basis of a new statement of reasons. |
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(4) |
One entity should be removed from the list of persons and entities subject to restrictive measures set out in Annex IX to Regulation (EU) No 267/2012. |
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(5) |
Regulation (EU) No 267/2012 should be amended accordingly, |
HAS ADOPTED THIS REGULATION:
Article 1
Annex IX to Regulation (EU) No 267/2012 shall be amended as set out 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, 16 April 2014.
For the Council
The President
D. KOURKOULAS
(2) Case T-552/12 North Drilling Co. v Council, judgment of 12 November 2013, not yet reported.
(3) Council Implementing Regulation (EU) No 945/2012 of 15 October 2012 implementing Regulation (EU) No 267/2012 concerning restrictive measures against Iran (OJ L 282, 16.10.2012, p. 16).
ANNEX
I.
The entity listed below shall be inserted in the list set out in Part I, Section B (Entities), of Annex IX to Regulation (EU) No 267/2012:|
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Name |
Identifying information |
Reasons |
Date of listing |
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118. |
North Drilling Company (NDC) |
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North Drilling provides financial support to the Government of Iran through being indirectly owned by the Mostazafan Foundation, a major Iranian parastatal entity controlled by the Government of Iran. North Drilling is an important entity in the energy sector which provides substantial revenues to the Government of Iran. Additionally, North Drilling has imported key equipment for the oil and gas industry, including prohibited goods. Therefore, North Drilling provides support for Iran's proliferation-sensitive nuclear activities. |
23.4.2014 |
II.
The entity listed below, and the related entry, shall be deleted from the list set out in Annex IX to Regulation (EU) No 267/2012.Safa Nicu a.k.a. ‘Safa Nicu Sepahan’, ‘Safanco Company’, ‘Safa Nicu Afghanistan Company’, ‘Safa Al Noor Company’ and ‘Safa Nicu Ltd Company’.
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23.4.2014 |
EN |
Official Journal of the European Union |
L 119/3 |
COMMISSION REGULATION (EU) No 398/2014
of 22 April 2014
amending Annexes II and III to Regulation (EC) No 396/2005 of the European Parliament and of the Council as regards maximum residue levels for benthiavalicarb, cyazofamid, cyhalofop-butyl, forchlorfenuron, pymetrozine and silthiofam in or on certain products
(Text with EEA relevance)
THE EUROPEAN COMMISSION,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to Regulation (EC) No 396/2005 of the European Parliament and of the Council of 23 February 2005 on maximum residue levels of pesticides in or on food and feed of plant and animal origin and amending Council Directive 91/414/EEC (1), and in particular Article 14(1)(a) and Article 49(2) thereof,
Whereas:
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(1) |
For cyazofamid, cyhalofop-butyl, pymetrozine and silthiofam, maximum residue levels (MRLs) were set in Annex II and Part B of Annex III to Regulation (EC) No 396/2005. For benthiavalicarb and forchlorfenuron MRLs were set in Part A of Annex III to Regulation (EC) No 396/2005. |
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(2) |
A technical adaptation should be made, replacing the name of the active substance ‘florchlorfenuron’ by ‘forchlorfenuron’. |
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(3) |
For benthiavalicarb, the European Food Safety Authority, hereinafter ‘the Authority’, submitted a reasoned opinion on the existing MRLs in accordance with Article 12(2) of Regulation (EC) No 396/2005 in conjunction with Article 12(1) thereof (2). It proposed to change the residue definition and recommended lowering the MRL for potatoes. For other products it recommended raising or keeping the existing MRLs. The Authority concluded that concerning the MRL for cucumbers some information was not available and that further consideration by risk managers was required. As there is no risk for consumers, the MRL for this product should be set in Annex II to Regulation (EC) No 396/2005 at the existing level or the level identified by the Authority. This MRL will be reviewed; the review will take into account the information available within two years from the publication of this Regulation. |
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(4) |
For cyazofamid, the Authority submitted a reasoned opinion on the existing MRLs in accordance with Article 12(2) of Regulation (EC) No 396/2005 in conjunction with Article 12(1) thereof (3). It recommended, for certain products, raising or keeping the existing MRLs. The Authority concluded that concerning the MRLs for potatoes, tomatoes, cucurbits with edible peel and cucurbits with inedible peel some information was not available and that further consideration by risk managers was required. As there is no risk for consumers, MRLs for those products should be set in Annex II to Regulation (EC) No 396/2005 at the existing level or the level identified by the Authority. Those MRLs will be reviewed; the review will take into account the information available within two years from the publication of this Regulation. |
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(5) |
For cyhalofop-butyl, the Authority submitted a reasoned opinion on the existing MRLs in accordance with Article 12(2) of Regulation (EC) No 396/2005 in conjunction with Article 12(1) thereof (4). It proposed to change the residue definition. The Authority concluded that concerning the MRL for rice some information was not available and that further consideration by risk managers was required. As there is no risk for consumers, the MRL for this product should be set in Annex II to Regulation (EC) No 396/2005 at the existing level or the level identified by the Authority. This MRL will be reviewed; the review will take into account the information available within two years from the publication of this Regulation. |
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(6) |
For forchlorfenuron, the Authority submitted a reasoned opinion on the existing MRLs in accordance with Article 12(2) of Regulation (EC) No 396/2005 in conjunction with Article 12(1) thereof (5). It recommended lowering the MRLs for table grapes, wine grapes and kiwi. |
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(7) |
For pymetrozine, the Authority submitted a reasoned opinion on the existing MRLs in accordance with Article 12(2) of Regulation (EC) No 396/2005 in conjunction with Article 12(1) thereof (6). It identified concerning the MRL for escarole a risk for consumers. It is therefore appropriate to set this MRL at the level identified by the authority. The Authority proposed to change the residue definition and recommended lowering the MRLs for rape seed and cotton seed. For other products it recommended raising or keeping the existing MRLs. The Authority concluded that concerning the MRLs for citrus fruit, apples, pears, apricots, peaches, strawberries, blackberries, raspberries, blueberries, currants (red, black and white), gooseberries, potatoes, celeriac, radishes, tomatoes, peppers, aubergines, cucurbits with edible peal, cucurbits with inedible peel, sweet corn, flowering brassica, Brussels sprout, head cabbage, leafy brassica, kohlrabi, lamb's lettuce, lettuce, cress, land cress, rocket, red mustard, leaves and sprouts of brassica spp., spinach, purslane, beet leaves, chervil, chives, celery leaves, parsley, sage, rosemary, thyme, basil, bay leaves, tarragon, beans (fresh, with pods), peas (fresh, with pods), celery, fennel, globe artichokes, herbal infusions (dried, flowers), herbal infusions (dried, leaves), hops (dried), cattle milk, sheep milk and goat milk some information was not available and that further consideration by risk managers was required. As there is no risk for consumers, the MRLs for those products should be set in Annex II to Regulation (EC) No 396/2005 at the existing level or the level identified by the Authority. Those MRLs will be reviewed; the review will take into account the information available within two years from the publication of this Regulation. The Authority concluded that concerning the MRLs for okra and beans (fresh, without pods) no information was available and that further consideration by risk managers was required. MRLs for okra and beans (fresh, without pods) should be set at the specific limit of determination or at the default MRL as set out in Article 18(1)(b) of Regulation (EC) No 396/2005. |
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(8) |
For silthiofam, the Authority submitted a reasoned opinion on the existing MRLs in accordance with Article 12(2) of Regulation (EC) No 396/2005 in conjunction with Article 12(1) thereof (7). The Authority concluded that concerning the MRLs for barley grain, rye grain and wheat grain some information was not available and that further consideration by risk managers was required. As there is no risk for consumers, the MRLs for those products should be set in Annex II to Regulation (EC) No 396/2005 at the existing level or the level identified by the Authority. Those MRLs will be reviewed; the review will take into account the information available within two years from the publication of this Regulation. |
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(9) |
As regards products of plant and animal origin for which no relevant authorisations or import tolerances were reported at Union level and no Codex MRL was available, the Authority concluded that further consideration by risk managers was required. Taking into account the current scientific and technical knowledge, MRLs for those products should be set at the specific limit of determination or at the default MRL as set out in Article 18(1)(b) of Regulation (EC) No 396/2005. |
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(10) |
The Commission consulted the European Union reference laboratories for residues of pesticides as regards the need to adapt certain LODs. As regards several substances, those laboratories concluded that for certain commodities technical development permits the setting of lower LODs. |
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(11) |
Based on the reasoned opinions of the Authority and taking into account the factors relevant to the matter under consideration, the appropriate modifications to the MRLs fulfil the requirements of Article 14(2) of Regulation (EC) No 396/2005. |
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(12) |
Through the World Trade Organisation, the trading partners of the Union were consulted on the new MRLs and their comments have been taken into account. |
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(13) |
Regulation (EC) No 396/2005 should therefore be amended accordingly. |
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(14) |
In order to allow normal marketing, processing and consumption of products, this Regulation should provide for a transitional arrangement for products which have been lawfully produced before the modification of the MRLs and for which information shows that a high level of consumer protection is maintained. |
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(15) |
A reasonable period should be allowed to elapse before the modified MRLs become applicable in order to permit Member States and interested parties to prepare themselves to meet the new requirements which will result from the modification of the MRLs. |
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(16) |
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
Annexes II and III to Regulation (EC) No 396/2005 are amended in accordance with the Annex to this Regulation.
Article 2
Regulation (EC) No 396/2005 as it stood before being amended by this Regulation shall continue to apply to products which were lawfully produced before 13 November 2014:
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(1) |
as regards the active substances benthiavalicarb, cyhalofop-butyl, cyazofamid, forchlorfenuron and silthiofam in and on all products; |
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(2) |
as regards the active substance pymetrozine in and on all products except escarole (broad-leaf endive). |
Article 3
This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.
It shall apply from 13 November 2014.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 22 April 2014.
For the Commission
The President
José Manuel BARROSO
(2) European Food Safety Authority; Review of the existing maximum residue levels (MRLs) for benthiavalicarb according to Article 12 of Regulation (EC) No 396/2005. EFSA Journal 2012; 10(8):2872. [31 pp.].
(3) European Food Safety Authority; Review of the existing maximum residue levels (MRLs) for cyazofamid according to Article 12 of Regulation (EC) No 396/2005. EFSA Journal 2012; 10(12):3065. [38 pp.].
(4) European Food Safety Authority; Review of the existing maximum residue levels (MRLs) for cyhalofop-butyl according to Article 12 of Regulation (EC) No 396/2005. EFSA Journal 2013; 11(2):3115. [25 pp.].
(5) European Food Safety Authority; Review of the existing maximum residue levels (MRLs) for forchlorfenuron according to Article 12 of Regulation (EC) No 396/2005. EFSA Journal 2012; 10(8):2862. [26 pp.].
(6) European Food Safety Authority; Review of the existing maximum residue levels (MRLs) for pymetrozine according to Article 12 of Regulation (EC) No 396/2005. EFSA Journal 2012; 10(10):2919. [67 pp.], revised version of 10 January 2013.
(7) European Food Safety Authority; Review of the existing maximum residue levels (MRLs) for silthiofam according to Article 12 of Regulation (EC) No 396/2005. EFSA Journal 2013; 11(1):3088. [25 pp.].
ANNEX
Annexes II and III to Regulation (EC) No 396/2005 are amended as follows:
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(1) |
Annex II is amended as follows:
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(2) |
Annex III is amended as follows:
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(*1) Indicates lower limit of analytical determination
(1) For the complete list of products of plant and animal origin to which MRLs apply, reference should be made to Annex I.
(*2) Indicates lower limit of analytical determination
(2) For the complete list of products of plant and animal origin to which MRLs apply, reference should be made to Annex I.
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23.4.2014 |
EN |
Official Journal of the European Union |
L 119/40 |
COMMISSION IMPLEMENTING REGULATION (EU) No 399/2014
of 22 April 2014
concerning the authorisation of the preparations of Lactobacillus brevis DSM 23231, Lactobacillus brevis DSMZ 16680, Lactobacillus plantarum CECT 4528 and Lactobacillus fermentum NCIMB 30169 as feed additives for all animal species
(Text with EEA relevance)
THE EUROPEAN COMMISSION,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to Regulation (EC) No 1831/2003 of the European Parliament and of the Council of 22 September 2003 on additives for use in animal nutrition (1), and in particular Article 9(2) thereof,
Whereas:
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(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(7) of Regulation (EC) No 1831/2003 in conjunction with Article 10(1) to (4) thereof sets out specific provisions for the evaluation of products used in the Union as silage additives at the date that Regulation became applicable. |
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(2) |
In accordance with Article 10(1)(b) of Regulation (EC) No 1831/2003, the preparations of Lactobacillus brevis DSM 23231, Lactobacillus brevis DSMZ 16680, Lactobacillus plantarum CECT 4528 and Lactobacillus fermentum NCIMB 30169 were entered in the Register of Feed Additives as existing products belonging to the functional group of silage additives, for all animal species. |
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(3) |
In accordance with Article 10(2) of Regulation (EC) No 1831/2003 in conjunction with Article 7 thereof, applications were submitted for the authorisation of those preparations as feed additives for all animal species, requesting those additives to be classified in the category ‘technological additives’ and in the functional group ‘silage additives’. Those applications were accompanied by the particulars and documents required under Article 7(3) of Regulation (EC) No 1831/2003. |
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(4) |
The European Food Safety Authority (the Authority) concluded in its opinions of 4 December 2013 (2) and 5 December 2013 (3) that, under the proposed conditions of use, the preparations concerned do not have an adverse effect on animal health, human health or the environment. The Authority also concluded that the preparations of Lactobacillus brevis DSM 23231, Lactobacillus brevis DSMZ 16680, Lactobacillus plantarum CECT 4528 and Lactobacillus fermentum NCIMB 30169 have the potential to improve the production of silage. The Authority does not consider that there is a need for specific requirements of post-market monitoring. It also verified the report on the methods of analysis of the feed additives in feed submitted by the Reference Laboratory set up by Regulation (EC) No 1831/2003. |
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(5) |
The assessment of the preparations concerned shows that the conditions for authorisation, as provided for in Article 5 of Regulation (EC) No 1831/2003, are satisfied. Accordingly, the use of those preparations should be authorised as specified in the Annex to this Regulation. |
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(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. |
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(7) |
The measures provided for in this Regulation are in accordance with the opinion of the Standing Committee on the Food Chain and Animal Health, |
HAS ADOPTED THIS REGULATION:
Article 1
Authorisation
The preparations specified in the Annex belonging to the additive category ‘technological additives’ and to the functional group ‘silage additives’, are authorised as additives in animal nutrition, subject to the conditions laid down in that Annex.
Article 2
Transitional measures
The preparations specified in the Annex and feed containing them, which are produced and labelled before 13 November 2014 in accordance with the rules applicable before 15 May 2014 may continue to be placed on the market and used until the existing stocks are exhausted.
Article 3
Entry into force
This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 22 April 2014.
For the Commission
The President
José Manuel BARROSO
(1) OJ L 268, 18.10.2003, p. 29.
(2) EFSA Journal 2014; 12(1):3530.
(3) EFSA Journal 2014; 12(1):3534, EFSA Journal 2014; 12(1):3533 and EFSA Journal 2014; 12(1):3535.
ANNEX
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Identification number of the additive |
Name of the holder of authorisation |
Additive |
Composition, chemical formula, description, analytical method |
Species or category of animal |
Maximum age |
Minimum content |
Maximum content |
Other provisions |
End of period of authorisation |
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CFU/kg of fresh material |
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Category of technological additives. Functional group: silage additives. |
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1k20736 |
— |
Lactobacillus brevis DSM 23231 |
Additive composition Preparation of Lactobacillus brevis DSM 23231 containing a minimum of 1 × 1010 CFU/g additive. Characterisation of the active substance Viable cells of Lactobacillus brevis DSM 23231. Analytical method (1) Enumeration in the feed additive: spread plate methodusing MRS agar (EN 15787). Identification: Pulsed Field Gel Electrophoresis (PFGE). |
All animal species |
— |
— |
— |
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13 May 2024 |
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1k20737 |
— |
Lactobacillus brevis DSMZ 16680 |
Additive composition Preparation of Lactobacillus brevis DSMZ 16680 containing a minimum of 2,5 × 1010 CFU/g additive. Characterisation of the active substance Viable cells of Lactobacillus brevis DSMZ 16680. Analytical method (1) Enumeration in the feed additive: spread plate method using MRS agar (EN 15787). Identification: Pulsed Field Gel Electrophoresis (PFGE). |
All animal species |
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13 May 2024 |
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1k20738 |
— |
Lactobacillus plantarum CECT 4528 |
Additive composition Preparation of Lactobacillus plantarum CECT 4528 containing a minimum of 2,5 × 1011 CFU/g additive. Characterisation of the active substance Viable cells of Lactobacillus plantarum CECT 4528. Analytical method (1) Enumeration in the feed additive: spread plate method using MRS agar (EN 15787). Identification: Pulsed Field Gel Electrophoresis (PFGE). |
All animal species |
— |
— |
— |
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13 May 2024 |
||||||
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1k20739 |
— |
Lactobacillus fermentum NCIMB 30169 |
Additive composition Preparation of Lactobacillus fermentumNCIMB 30169 containing a minimum of 2,5 × 1010 CFU/g additive. Characterisation of the active substance Viable cells of Lactobacillus fermentum NCIMB 30169. Analytical method (1) Enumeration in the feed additive: spread plate method using MRS agar (EN 15787). Identification: Pulsed Field Gel Electrophoresis (PFGE). |
All animal species |
— |
— |
— |
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13 May 2024 |
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(1) Details of the analytical methods are available at the following address of the Reference Laboratory: http://irmm.jrc.ec.europa.eu/EURLs/EURL_feed_additives/Pages/index.aspx
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23.4.2014 |
EN |
Official Journal of the European Union |
L 119/44 |
COMMISSION IMPLEMENTING REGULATION (EU) No 400/2014
of 22 April 2014
concerning a coordinated multiannual control programme of the Union for 2015, 2016 and 2017 to ensure compliance with maximum residue levels of pesticides and to assess the consumer exposure to pesticide residues in and on food of plant and animal origin
(Text with EEA relevance)
THE EUROPEAN COMMISSION,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to Regulation (EC) No 396/2005 of the European Parliament and of the Council of 23 February 2005 on maximum residue levels of pesticides in or on food and feed of plant and animal origin and amending Council Directive 91/414/EEC (1), in particular Article 29(2) thereof,
Whereas:
|
(1) |
By Commission Regulation (EC) No 1213/2008 (2) a first coordinated multiannual Community programme, covering the years 2009, 2010 and 2011, was established. That programme continued under consecutive Commission Regulations. The latest one was Commission Regulation (EU) No 788/2012 (3). |
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(2) |
Thirty to forty foodstuffs constitute the major components of the diet in the Union. Since pesticide uses show significant changes over a period of three years, pesticides should be monitored in those foodstuffs over a series of three-year cycles to allow consumer exposure and the application of Union legislation to be assessed. |
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(3) |
On the basis of a binomial probability distribution, it can be calculated that examination of 654 samples allows, with a certainty of more than 99 %, the detection of a sample containing pesticide residues above the limit of determination (LOD), provided that not less than 1 % of the products contain residues above that limit (4). Collection of these samples should be apportioned among Member States according to population numbers, with a minimum of 12 samples per product and per year. |
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(4) |
Analytical results from the previous official control programmes of the Union have been taken into account to ensure that the range of pesticides covered by the control programme is representative for the pesticides used. |
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(5) |
Guidance concerning ‘Analytical quality control and validation procedures for pesticide residues analysis in food and feed’ is published on the Commission website (5). |
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(6) |
Where the residue definition of a pesticide includes other active substances, metabolites, breakdown or reaction products, those compounds should be reported separately as far as they are measured individually. |
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(7) |
Implementing measures, such as the Standard Sample Description (SSD) (6) (7) for submitting results of pesticide residues analysis, relating to the submission of information by Member States have been agreed by Member States, Commission and the European Food Safety Authority. |
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(8) |
For the sampling procedures Commission Directive 2002/63/EC (8) which incorporates the sampling methods and procedures recommended by the Codex Alimentarius Commission should apply. |
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(9) |
It is necessary to assess whether maximum residue levels for baby food provided for in Article 10 of Commission Directive 2006/141/EC on infant formulae and follow-on formulae (9) and Article 7 of Commission Directive 2006/125/EC on processed cereal-based foods and baby foods for infants and young children (10) are respected, taking into account only the residue definitions as they are set out in Regulation (EC) No 396/2005. |
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(10) |
As regards single residue methods, Member States may be able to meet their obligations of analysis by having recourse to official laboratories already having the validated methods required. |
|
(11) |
Member States should submit by 31 August of each year the information concerning the previous calendar year. |
|
(12) |
In order to avoid any confusion due to an overlap between consecutive multiannual programmes, Regulation (EU) No 788/2012, should be repealed in the interest of legal certainty. It should, however, continue to apply to samples taken in 2013 and 2014. |
|
(13) |
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
Member States shall, during the years 2015, 2016 and 2017 take and analyse samples for the pesticide/product combinations, as set out in Annex I.
The number of samples of each product, including foods for infants and small children and products originating from organic farming shall be as set out in Annex II.
Article 2
1. The lot to be sampled shall be chosen randomly.
The sampling procedure, including the number of units, shall comply with Directive 2002/63/EC.
2. All samples, including those of foods intended for infants and small children, shall be analysed for the pesticides set out in Annex I in accordance with the residue definitions set out in Regulation (EC) No 396/2005.
3. For foods intended for infants and young children, samples shall be evaluated on the products as proposed ready for consumption or as reconstituted according to the instructions of the manufacturers, taking into account the MRLs set out in Directives 2006/125/EC and 2006/141/EC. Where such foods can be consumed both as sold and as reconstituted, the results shall be reported on the non-reconstituted product as sold.
Article 3
Member States shall submit the results of the analysis of samples tested in 2015, 2016 and 2017 by 31 August 2016, 2017 and 2018 respectively. Those results shall be submitted in accordance with the Standard Sample Description (SSD).
Where the residue definition of a pesticide includes more than one compound (active substance, metabolite and/or breakdown or reaction product), Member States shall report the analysis results in accordance with the full residue definition. In addition, the results of all analytes that are part of the residue definition shall be submitted separately, as far as they are measured individually.
Article 4
Regulation (EU) No 788/2012 is repealed.
However, it shall continue to apply to samples tested in 2013 and 2014.
Article 5
This Regulation shall enter into force on 1 January 2015.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 22 April 2014.
For the Commission
The President
José Manuel BARROSO
(2) Commission Regulation (EC) No 1213/2008 of 5 December 2008 concerning a coordinated multiannual Community control programme for 2009, 2010 and 2011 to ensure compliance with maximum residue levels of and to assess the consumer exposure to pesticide residues in and on food of plant and animal origin (OJ L 328, 6.12.2008, p. 9).
(3) Commission Implementing Regulation (EU) No 788/2012 of 31 August 2012, concerning a coordinated multiannual control programme of the Union for 2013, 2014 and 2015 to ensure compliance with maximum levels of pesticides and to assess the consumer exposure to pesticide residues in and on food of plant and animal origin (OJ L 235, 1.9.2012, p. 8).
(4) Codex Alimentarius, Pesticide Residues in Food, Rome 1993, ISBN 92-5-103271-8; Vol. 2, p. 372.
(5) Document No SANCO/12571/2013
http://ec.europa.eu/food/plant/plant_protection_products/guidance_documents/docs/qualcontrol_en.pdf
(6) Standard sample description for food and feed (EFSA Journal 2010; 8(1): 1457).
(7) Use of the EFSA Standard Sample Description for the reporting of data on the control of pesticide residues in food and feed according to Regulation (EC) No 396/2005 (EFSA Journal 2013; 11(1): 3076).
(8) Commission Directive 2002/63/EC of 11 July 2002 establishing Community methods of sampling for the official control of pesticide residues in and on products of plant and animal origin and repealing Directive 79/700/EEC (OJ L 187, 16.7.2002, p. 30).
(9) Commission Directive 2006/141/EC of 22 December 2006 on infant formulae and follow-on formulae and amending Directive 1999/21/EC (OJ L 401, 30.12.2006, p. 1).
(10) Commission Directive 2006/125/EC of 5 December 2006 on processed cereal-based foods and baby foods for infants and young children (OJ L 339, 6.12.2006, p. 16).
ANNEX I
Part A: Products of plant origin to be sampled in 2015, 2016 and 2017
|
2015 |
2016 |
2017 |
|
(b) |
(c) |
(a) |
|
Aubergines |
Apples |
Beans with pod (fresh or frozen) |
|
Bananas |
Head cabbage |
Carrots |
|
Broccoli |
Leek |
Cucumbers |
|
Table grapes |
Lettuce |
Oranges |
|
Orange juice |
Peaches, including nectarins and similar hybrids |
Mandarins |
|
Peas without pod (fresh or frozen) |
Rye or oats |
Pears |
|
Peppers (sweet) |
Strawberries |
Potatoes |
|
Wheat |
Tomatoes |
Rice |
|
Virgin olive oil (unless a specific oil processing factor is available, oil processing factor = 5, taking into account an olive oil production standard yield of 20 % of the olive harvest. Member States are requested to report the processing factors used in the ‘National Summary report’) |
Wine (red or white) made from grapes. (If no processing factors for wine are available, a default factor of 1 may be applied. Member States are requested to report the wine processing factors used in the ‘National Summary report’) |
Spinach |
Part B: Products of animal origin to be sampled in 2015, 2016 and 2017
|
2015 |
2016 |
2017 |
|
(d) |
(e) |
(f) |
|
Butter |
Cow's milk |
Poultry muscle and fat |
|
Chicken eggs |
Swine muscle and fat |
Liver (bovine and other ruminants, swine and poultry) |
Part C: Pesticide/product combinations to be monitored in/on products of plant origin
|
|
2015 |
2016 |
2017 |
Remarks |
|
2-Phenylphenol |
(b) |
(c) |
(a) |
|
|
Abamectin |
(b) |
(c) |
(a) |
|
|
Acephate |
(b) |
(c) |
(a) |
|
|
Acetamiprid |
(b) |
(c) |
(a) |
|
|
Acrinathrin |
(b) |
(c) |
(a) |
|
|
Aldicarb |
(b) |
(c) |
(a) |
|
|
Aldrin and dieldrin |
(b) |
(c) |
(a) |
|
|
Azinphos-methyl |
(b) |
(c) |
(a) |
|
|
Azoxystrobin |
(b) |
(c) |
(a) |
|
|
Bifenthrin |
(b) |
(c) |
(a) |
|
|
Biphenyl |
(b) |
(c) |
(a) |
|
|
Bitertanol |
(b) |
(c) |
(a) |
|
|
Boscalid |
(b) |
(c) |
(a) |
|
|
Bromide ion |
(b) |
(c) |
(a) |
It shall only be analysed on sweet pepper in 2015; on lettuce and tomatoes in 2016; on rice only in 2017. |
|
Bromopropylate |
(b) |
(c) |
(a) |
|
|
Bupirimate |
(b) |
(c) |
(a) |
|
|
Buprofezin |
(b) |
(c) |
(a) |
|
|
Captan |
(b) |
(c) |
(a) |
|
|
Carbaryl |
(b) |
(c) |
(a) |
|
|
Carbendazim and benomyl |
(b) |
(c) |
(a) |
|
|
Carbofuran |
(b) |
(c) |
(a) |
|
|
Carbosulfan |
(b) |
(c) |
(a) |
|
|
Chlorantraniliprole |
(b) |
(c) |
(a) |
|
|
Chlorfenapyr |
(b) |
(c) |
(a) |
|
|
Chlormequat |
(b) |
(c) |
(a) |
It shall only be analysed on aubergines, table grapes and wheat in 2015; on rye or oats, tomatoes and wine in 2016; on carrots, pears and rice in 2017. |
|
Chlorothalonil |
(b) |
(c) |
(a) |
|
|
Chlorpropham |
(b) |
(c) |
(a) |
|
|
Chlorpyriphos |
(b) |
(c) |
(a) |
|
|
Chlorpyriphos-methyl |
(b) |
(c) |
(a) |
|
|
Clofentezine |
(b) |
(c) |
(a) |
It shall be analysed in all listed commodities except cereals. |
|
Clothianidin |
(b) |
(c) |
(a) |
Also see thiamethoxam. |
|
Cyfluthrin |
(b) |
(c) |
(a) |
|
|
Cypermethrin |
(b) |
(c) |
(a) |
|
|
Cyproconazole |
(b) |
(c) |
(a) |
|
|
Cyprodinil |
(b) |
(c) |
(a) |
|
|
Deltamethrin |
(b) |
(c) |
(a) |
|
|
Diazinon |
(b) |
(c) |
(a) |
|
|
Dichlorvos |
(b) |
(c) |
(a) |
|
|
Dicloran |
(b) |
(c) |
(a) |
|
|
Dicofol |
(b) |
(c) |
(a) |
It shall be analysed in all listed commodities except cereals. |
|
Diethofencarb |
(b) |
(c) |
(a) |
|
|
Difenoconazole |
(b) |
(c) |
(a) |
|
|
Diflubenzuron |
(b) |
(c) |
(a) |
|
|
Dimethoate |
(b) |
(c) |
(a) |
|
|
Dimethomorph |
(b) |
(c) |
(a) |
It shall be analysed in all listed commodities except cereals. |
|
Diniconazole |
(b) |
(c) |
(a) |
|
|
Diphenylamine |
(b) |
(c) |
(a) |
|
|
Dithianon |
(b) |
(c) |
(a) |
|
|
Dithiocarbamates |
(b) |
(c) |
(a) |
It shall be analysed in all listed commodities except orange juice and olive oil. |
|
Dodine |
(b) |
(c) |
(a) |
|
|
Endosulfan |
(b) |
(c) |
(a) |
|
|
EPN |
(b) |
(c) |
(a) |
|
|
Epoxiconazole |
(b) |
(c) |
(a) |
|
|
Ethephon |
(b) |
(c) |
(a) |
It shall only be analysed on orange juice, sweet peppers, wheat and table grapes in 2015; on apples, rye or oats, tomatoes and wine in 2016; on oranges, mandarins and rice in 2017. |
|
Ethion |
(b) |
(c) |
(a) |
|
|
Ethirimol |
(b) |
(c) |
(a) |
It shall be analysed in all listed commodities except cereals. |
|
Etofenprox |
(b) |
(c) |
(a) |
|
|
Famoxadone |
(b) |
(c) |
(a) |
|
|
Fenamidone |
(b) |
(c) |
(a) |
|
|
Fenamiphos |
(b) |
(c) |
(a) |
|
|
Fenarimol |
(b) |
(c) |
(a) |
It shall be analysed in all listed commodities except cereals. |
|
Fenazaquin |
(b) |
(c) |
(a) |
It shall be analysed in all listed commodities except cereals. |
|
Fenbuconazole |
(b) |
(c) |
(a) |
|
|
Fenbutatin oxide |
(b) |
(c) |
(a) |
It shall only be analysed on aubergines, sweet pepper and table grapes in 2015; on apples and tomatoes in 2016; on oranges, mandarins and pears in 2017. |
|
Fenhexamid |
(b) |
(c) |
(a) |
|
|
Fenitrothion |
(b) |
(c) |
(a) |
|
|
Fenoxycarb |
(b) |
(c) |
(a) |
|
|
Fenpropathrin |
(b) |
(c) |
(a) |
|
|
Fenpropidin |
(b) |
(c) |
(a) |
|
|
Fenpropimorph |
(b) |
(c) |
(a) |
|
|
Fenpyroximate |
(b) |
(c) |
(a) |
|
|
Fenthion |
(b) |
(c) |
(a) |
|
|
Fenvalerate and Esfenvalerate |
(b) |
(c) |
(a) |
|
|
Fipronil |
(b) |
(c) |
(a) |
|
|
Fludioxonil |
(b) |
(c) |
(a) |
|
|
Flufenoxuron |
(b) |
(c) |
(a) |
|
|
Fluopyram |
(b) |
(c) |
(a) |
|
|
Fluquinconazole |
(b) |
(c) |
(a) |
|
|
Flusilazole |
(b) |
(c) |
(a) |
|
|
Flutriafol |
(b) |
(c) |
(a) |
|
|
Folpet |
(b) |
(c) |
(a) |
|
|
Formetanate |
(b) |
(c) |
(a) |
|
|
Fosthiazate |
(b) |
(c) |
(a) |
|
|
Glyphosate |
(b) |
(c) |
(a) |
It shall only be analysed on wheat in 2015; on rye or oats in 2016 and on rice in 2017. |
|
Hexaconazole |
(b) |
(c) |
(a) |
|
|
Hexythiazox |
(b) |
(c) |
(a) |
It shall be analysed in all listed commodities except cereals. |
|
Imazalil |
(b) |
(c) |
(a) |
|
|
Imidacloprid |
(b) |
(c) |
(a) |
|
|
Indoxacarb |
(b) |
(c) |
(a) |
|
|
Iprodione |
(b) |
(c) |
(a) |
|
|
Iprovalicarb |
(b) |
(c) |
(a) |
|
|
Isocarbophos |
(b) |
(c) |
(a) |
|
|
Isoprothiolane |
|
|
(a) |
It shall only be analysed on rice in 2017. Not relevant for commodities to be analysed in 2015 and 2016. |
|
Kresoxim-methyl |
(b) |
(c) |
(a) |
|
|
Lambda-cyhalothrin |
(b) |
(c) |
(a) |
|
|
Linuron |
(b) |
(c) |
(a) |
|
|
Lufenuron |
(b) |
(c) |
(a) |
|
|
Malathion |
(b) |
(c) |
(a) |
|
|
Mandipropamid |
(b) |
(c) |
(a) |
|
|
Mepanipyrim |
(b) |
(c) |
(a) |
|
|
Mepiquat |
(b) |
(c) |
(a) |
It shall only be analysed on wheat in 2015; on rye or oats and tomatoes in 2016; on pears and rice in 2017. |
|
Metalaxyl and metalaxyl-M |
(b) |
(c) |
(a) |
|
|
Methamidophos |
(b) |
(c) |
(a) |
|
|
Methidathion |
(b) |
(c) |
(a) |
|
|
Methiocarb |
(b) |
(c) |
(a) |
|
|
Methomyl and thiodicarb |
(b) |
(c) |
(a) |
|
|
Methoxyfenozide |
(b) |
(c) |
(a) |
|
|
Monocrotophos |
(b) |
(c) |
(a) |
|
|
Myclobutanil |
(b) |
(c) |
(a) |
|
|
Oxadixyl |
(b) |
(c) |
(a) |
|
|
Oxamyl |
(b) |
(c) |
(a) |
|
|
Oxydemeton-methyl |
(b) |
(c) |
(a) |
|
|
Paclobutrazole |
(b) |
(c) |
(a) |
|
|
Parathion |
(b) |
(c) |
(a) |
|
|
Parathion methyl |
(b) |
(c) |
(a) |
|
|
Penconazole |
(b) |
(c) |
(a) |
|
|
Pencycuron |
(b) |
(c) |
(a) |
|
|
Pendimethalin |
(b) |
(c) |
(a) |
|
|
Permethrin |
(b) |
(c) |
(a) |
|
|
Phosmet |
(b) |
(c) |
(a) |
|
|
Pirimicarb |
(b) |
(c) |
(a) |
|
|
Pirimiphos-methyl |
(b) |
(c) |
(a) |
|
|
Procymidone |
(b) |
(c) |
(a) |
|
|
Profenofos |
(b) |
(c) |
(a) |
|
|
Propamocarb |
(b) |
(c) |
(a) |
It shall be only analysed on aubergines, broccoli, peas without pod and sweet peppers in 2015; on apples, head cabbage, lettuce, tomatoes and wine in 2016; on beans, carrots, cucumbers, oranges, mandarins, potatoes, spinach and strawberries in 2017. |
|
Propargite |
(b) |
(c) |
(a) |
|
|
Propiconazole |
(b) |
(c) |
(a) |
|
|
Propyzamide |
(b) |
(c) |
(a) |
|
|
Pymetrozine |
(b) |
(c) |
(a) |
It shall only be analysed on aubergines and sweet peppers in 2015; on head cabbage, lettuce, strawberries and tomatoes in 2016; on cucumbers in 2017. |
|
Pyraclostrobin |
(b) |
(c) |
(a) |
|
|
Pyridaben |
(b) |
(c) |
(a) |
|
|
Pyrimethanil |
(b) |
(c) |
(a) |
|
|
Pyriproxyfen |
(b) |
(c) |
(a) |
|
|
Quinoxyfen |
(b) |
(c) |
(a) |
|
|
Spinosad |
(b) |
(c) |
(a) |
|
|
Spirodiclofen |
(b) |
(c) |
(a) |
|
|
Spiromesifen |
(b) |
(c) |
(a) |
|
|
Spiroxamine |
(b) |
(c) |
(a) |
|
|
Tau-Fluvalinate |
(b) |
(c) |
(a) |
|
|
Tebuconazole |
(b) |
(c) |
(a) |
|
|
Tebufenozide |
(b) |
(c) |
(a) |
|
|
Tebufenpyrad |
(b) |
(c) |
(a) |
It shall be analysed in all listed commodities except cereals. |
|
Teflubenzuron |
(b) |
(c) |
(a) |
|
|
Tefluthrin |
(b) |
(c) |
(a) |
|
|
Terbuthylazine |
(b) |
(c) |
(a) |
|
|
Tetraconazole |
(b) |
(c) |
(a) |
|
|
Tetradifon |
(b) |
(c) |
(a) |
It shall be analysed in all listed commodities except cereals. |
|
Thiabendazole |
(b) |
(c) |
(a) |
|
|
Thiacloprid |
(b) |
(c) |
(a) |
|
|
Thiamethoxam |
(b) |
(c) |
(a) |
|
|
Thiophanate-methyl |
(b) |
(c) |
(a) |
|
|
Tolclofos-methyl |
(b) |
(c) |
(a) |
|
|
Tolylfluanid |
(b) |
(c) |
(a) |
It shall be analysed in all listed commodities except cereals. |
|
Triadimefon and triadimenol |
(b) |
(c) |
(a) |
|
|
Triazophos |
(b) |
(c) |
(a) |
|
|
Trifloxystrobin |
(b) |
(c) |
(a) |
|
|
Triflumuron |
(b) |
(c) |
(a) |
|
Part D: Pesticide/product combinations to be monitored in/on products of animal origin
|
|
2015 |
2016 |
2017 |
Remarks |
|
Aldrin and dieldrin |
(d) |
(e) |
(f) |
|
|
Bifenthrin |
(d) |
(e) |
(f) |
|
|
Chlordane |
(d) |
(e) |
(f) |
|
|
Chlorpyriphos |
(d) |
(e) |
(f) |
|
|
Chlorpyriphos-methyl |
(d) |
(e) |
(f) |
|
|
Cypermethrin |
(d) |
(e) |
(f) |
|
|
DDT |
(d) |
(e) |
(f) |
|
|
Deltamethrin |
(d) |
(e) |
(f) |
|
|
Diazinon |
(d) |
(e) |
(f) |
|
|
Endosulfan |
(d) |
(e) |
(f) |
|
|
Famoxadone |
(d) |
(e) |
(f) |
It shall only be analysed on butter in 2015; on milk in 2016; on liver in 2017. |
|
Fenvalerate and Esfenvalerate |
(d) |
(e) |
(f) |
|
|
Glyphosate |
|
(e) |
(f) |
It shall only be analysed on milk in 2016; on liver and poultry muscle and fat in 2017. |
|
Heptachlor |
(d) |
(e) |
(f) |
|
|
Hexachlorobenzene |
(d) |
(e) |
(f) |
|
|
Hexachlorcyclohexan (HCH), Alpha-Isomer |
(d) |
(e) |
(f) |
|
|
Hexachlorcyclohexan (HCH), Beta-Isomer |
(d) |
(e) |
(f) |
|
|
Indoxacarb |
(d) |
(e) |
|
It shall only be analysed on butter in 2015; on milk in 2016. |
|
Lindane |
(d) |
(e) |
(f) |
|
|
Methoxychlor |
(d) |
(e) |
(f) |
|
|
Parathion |
(d) |
(e) |
(f) |
|
|
Permethrin |
(d) |
(e) |
(f) |
|
|
Pirimiphos-methyl |
(d) |
(e) |
(f) |
|
|
Spinosad |
|
|
(f) |
It shall only be analysed on liver in 2017. |
ANNEX II
Number of samples referred to in Article 1
|
(1) |
The number of samples to be taken for each commodity and analysed for the pesticides listed in Annex I by each Member State is set out in the table in point (5). |
|
(2) |
In addition to the samples required in accordance with the table in point (5), in 2015 each Member State shall take and analyse ten samples of processed cereal-based baby food.
In addition to the samples required in accordance with that table, in 2016 each Member State shall take and analyse ten samples of food for infants and young children. In addition to the samples required in accordance with that table, in 2017 each Member State shall take and analyse ten samples of infant formulae and follow-on formulae. |
|
(3) |
In accordance to with the table in point (5), samples from commodities originating from organic farming shall, where available, be taken in proportion to the market share of those commodities in each Member State, with a minimum of 1. |
|
(4) |
Member States using multi-residue methods may use qualitative screening methods on up to 15 % of the samples to be taken and analysed in accordance with the table in point (5). Where a Member State uses qualitative screening methods, it shall analyse the remaining number of samples by multi-residue methods.
Where the results of qualitative screening are positive, Member States shall use a usual target method to quantify the findings. |
|
(5) |
Number of samples per Member State:
|
|||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
(*1) Minimum number of samples for each single residue method applied.
(*2) Minimum number of samples for each multi-residue method applied.
|
23.4.2014 |
EN |
Official Journal of the European Union |
L 119/57 |
COMMISSION IMPLEMENTING REGULATION (EU) No 401/2014
of 22 April 2014
establishing the standard import values for determining the entry price of certain fruit and vegetables
THE EUROPEAN COMMISSION,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to Council Regulation (EC) No 1234/2007 of 22 October 2007 establishing a common organisation of agricultural markets and on specific provisions for certain agricultural products (Single CMO Regulation) (1),
Having regard to Commission Implementing Regulation (EU) No 543/2011 of 7 June 2011 laying down detailed rules for the application of Council Regulation (EC) No 1234/2007 in respect of the fruit and vegetables and processed fruit and vegetables sectors (2), and in particular Article 136(1) thereof,
Whereas:
|
(1) |
Implementing Regulation (EU) No 543/2011 lays down, pursuant to the outcome of the Uruguay Round multilateral trade negotiations, the criteria whereby the Commission fixes the standard values for imports from third countries, in respect of the products and periods stipulated in Annex XVI, Part A thereto. |
|
(2) |
The standard import value is calculated each working day, in accordance with Article 136(1) of Implementing Regulation (EU) No 543/2011, taking into account variable daily data. Therefore this Regulation should enter into force on the day of its publication in the Official Journal of the European Union, |
HAS ADOPTED THIS REGULATION:
Article 1
The standard import values referred to in Article 136 of Implementing Regulation (EU) No 543/2011 are fixed in the Annex to this Regulation.
Article 2
This Regulation shall enter into force on the day of its publication in the Official Journal of the European Union.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 22 April 2014.
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
|
(EUR/100 kg) |
||
|
CN code |
Third country code (1) |
Standard import value |
|
0702 00 00 |
IL |
210,1 |
|
MA |
75,5 |
|
|
MK |
112,5 |
|
|
TN |
100,9 |
|
|
TR |
83,4 |
|
|
ZZ |
116,5 |
|
|
0707 00 05 |
AL |
71,7 |
|
MA |
39,8 |
|
|
MK |
59,4 |
|
|
TR |
126,8 |
|
|
ZZ |
74,4 |
|
|
0709 93 10 |
MA |
35,6 |
|
TR |
95,8 |
|
|
ZZ |
65,7 |
|
|
0805 10 20 |
EG |
56,2 |
|
IL |
67,9 |
|
|
MA |
63,9 |
|
|
TN |
50,0 |
|
|
TR |
51,1 |
|
|
ZZ |
57,8 |
|
|
0805 50 10 |
TR |
95,2 |
|
ZZ |
95,2 |
|
|
0808 10 80 |
AR |
87,6 |
|
BR |
87,0 |
|
|
CL |
105,3 |
|
|
CN |
98,5 |
|
|
MK |
25,2 |
|
|
NZ |
141,4 |
|
|
US |
177,3 |
|
|
ZA |
130,1 |
|
|
ZZ |
106,6 |
|
|
0808 30 90 |
AR |
95,8 |
|
CL |
144,5 |
|
|
ZA |
104,0 |
|
|
ZZ |
114,8 |
|
(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’.
|
23.4.2014 |
EN |
Official Journal of the European Union |
L 119/59 |
COMMISSION IMPLEMENTING REGULATION (EU) No 402/2014
of 22 April 2014
on the issue of import licences and the allocation of import rights for applications lodged during the first seven days of April 2014 under the tariff quotas opened by Regulation (EC) No 616/2007 for poultrymeat
THE EUROPEAN COMMISSION,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to Regulation (EU) No 1308/2013 of the European Parliament and of the Council of 17 December 2013 establishing a common organisation of the markets in agricultural products and repealing Council Regulations (EEC) No 922/72, (EEC) No 234/79, (EC) No 1037/2001 and (EC) No 1234/2007 (1), and in particular Article 188 thereof,
Having regard to Commission Regulation (EC) No 1301/2006 of 31 August 2006 laying down common rules for the administration of import tariff quotas for agricultural products managed by a system of import licences (2), and in particular Article 7(2) thereof,
Whereas:
|
(1) |
Commission Regulation (EC) No 616/2007 (3) opened tariff quotas for imports of poultrymeat products originating in Brazil, Thailand and other third countries. |
|
(2) |
The applications for import licences lodged during the first seven days of April 2014 in respect of Groups Nos 1, 2, 4A, 6A, 7 and 8 for the subperiod from 1 July to 30 September of Groups Nos 3, 4B and 6B for the period from 1 July 2014 to 30 June 2015 relate, for some quotas, to quantities exceeding those available. The extent to which import licences may be issued should therefore be determined by establishing the allocation coefficient to be applied to the quantities requested. |
|
(3) |
The applications for import rights lodged during the first seven days of April 2014 in respect of Group No 5A for the subperiod from 1 July to 30 September 2014 relate to quantities exceeding those available. The extent to which import rights may be allocated should therefore be determined by establishing the allocation coefficient to be applied to the quantities requested, |
HAS ADOPTED THIS REGULATION:
Article 1
1. The quantities for which import licence applications have been lodged pursuant to Regulation (EC) No 616/2007 for the subperiod from 1 July to 30 September 2014 in respect of Groups Nos 1, 2, 4A, 6A, 7 and 8, and for the period from 1 July 2014 to 30 June 2015 in respect of Groups Nos 3, 4B and 6B, shall be multiplied by the allocation coefficients set out in the Annex hereto.
2. The quantities for which import rights applications have been lodged pursuant to Regulation (EC) No 616/2007 for the subperiod from 1 July to 30 September 2014 in respect of Group No 5A, shall be multiplied by the allocation coefficient set out in the Annex hereto.
Article 2
This Regulation shall enter into force on 23 April 2014.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 22 April 2014.
For the Commission,
On behalf of the President,
Jerzy PLEWA
Director-General for Agriculture and Rural Development
(1) OJ L 347, 20.12.2013, p. 671.
ANNEX
|
Group No |
Order No |
Allocation coefficient for import licence applications lodged for the subperiod from 1.7.2014 to 30.9.2014 (%) |
|
1 |
09.4211 |
0,41894 |
|
2 |
09.4212 |
53,376701 |
|
4A |
09.4214 |
0,56052 |
|
09.4251 |
1,006036 |
|
|
09.4252 |
77,541947 |
|
|
6A |
09.4216 |
0,475923 |
|
09.4260 |
1,091703 |
|
Group No |
Order No |
Allocation coefficient for import licence applications lodged for the period from 1.7.2014 to 30.6.2015 (%) |
|
6B |
09.4263 |
0,057372 |
|
Group No |
Order No |
Allocation coefficient for import rights applications lodged for the subperiod from 1.7.2014 to 30.9.2014 (%) |
|
5A |
09.4215 |
0,637375 |
|
09.4254 |
0,903342 |
|
|
09.4255 |
3,424657 |
|
|
09.4256 |
77,735124 |
|
23.4.2014 |
EN |
Official Journal of the European Union |
L 119/62 |
COMMISSION IMPLEMENTING REGULATION (EU) No 403/2014
of 22 April 2014
fixing the allocation coefficient for the issuing of import licences applied for from 1 to 7 April 2014 for sugar products under certain tariff quotas and suspending the submission of applications for such licences
THE EUROPEAN COMMISSION,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to Regulation (EU) No 1308/2013 of the European Parliament and of the Council of 17 December 2013 establishing a common organisation of the markets in agricultural products and repealing Council Regulations (EEC) No 922/72, (EEC) No 234/79, (EC) No 1037/2001 and (EC) No 1234/2007 (1),
Having regard to Commission Regulation (EC) No 1301/2006 of 31 August 2006 laying down common rules for the administration of import tariff quotas for agricultural products managed by a system of import licences (2), and in particular Article 7(2) thereof,
Having regard to Commission Regulation (EC) No 891/2009 of 25 September 2009 opening and providing for the administration of certain Community tariff quotas in the sugar sector (3), and in particular Article 5(2) thereof,
Whereas:
|
(1) |
Quantities covered by applications for import licences submitted to the competent authorities from 1 to 7 April 2014 in accordance with Regulation (EC) No 891/2009 and Commission Implementing Regulation (EU) No 170/2013 of 25 February 2013 laying down transitional measures in the sugar sector by reason of the accession of Croatia (4), exceed the quantity available under order number 09.4321. |
|
(2) |
An allocation coefficient for licences to be issued regarding order number 09.4321 should therefore be fixed in accordance with Regulation (EC) No 1301/2006. Submission of further applications for licences for this order number should be suspended until the end of the marketing year, in accordance with Regulation (EC) No 891/2009, |
HAS ADOPTED THIS REGULATION:
Article 1
1. The quantities for which import licence applications have been lodged under Regulation (EC) No 891/2009 and Implementing Regulation (EU) No 170/2013 from 1 to 7 April 2014 shall be multiplied by the allocation coefficients set out in the Annex to this Regulation.
2. Submission of further applications for licences, which correspond to the order numbers indicated in the Annex, shall be suspended until the end of the marketing year 2013/14.
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, 22 April 2014.
For the Commission,
On behalf of the President,
Jerzy PLEWA
Director-General for Agriculture and Rural Development
(1) OJ L 347, 20.12.2013, p. 671.
(2) OJ L 238, 1.9.2006, p. 13.
ANNEX
‘CXL Concessions Sugar’
2013/2014 marketing year
Applications lodged from: 1 to 7 April 2014
|
Order No |
Country |
Allocation coefficient (%) |
Further applications |
|
09.4317 |
Australia |
— |
Suspended |
|
09.4318 |
Brazil |
— |
|
|
09.4319 |
Cuba |
— |
Suspended |
|
09.4320 |
Any third countries |
— |
Suspended |
|
09.4321 |
India |
15,8701 |
Suspended |
‘Balkans Sugar’
2013/2014 marketing year
Applications lodged from: 1 to 7 April 2014
|
Order No |
Country |
Allocation coefficient (%) |
Further applications |
|
09.4324 |
Albania |
— |
|
|
09.4325 |
Bosnia and Herzegovina |
(1) |
|
|
09.4326 |
Serbia |
(1) |
|
|
09.4327 |
Former Yugoslav Republic of Macedonia |
— |
|
Transitional measures, ‘exceptional import sugar’ and ‘industrial import sugar’
2013/2014 marketing year
Applications lodged from: 1 to 7 April 2014
|
Order No |
Type |
Allocation coefficient (%) |
Further applications |
|
09.4367 |
Transitional (Croatia) |
— |
Suspended |
|
09.4380 |
Exceptional |
— |
|
|
09.4390 |
Industrial |
— |
|
|
— |
: |
Not applicable: no licence application has been sent to the Commission. |
|
(1) |
Not applicable: the applications do not exceed the quantities available and are fully granted. |
DECISIONS
|
23.4.2014 |
EN |
Official Journal of the European Union |
L 119/65 |
COUNCIL DECISION 2014/222/CFSP
of 16 April 2014
amending Decision 2010/413/CFSP concerning restrictive measures against Iran
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty on European Union, and in particular Article 29 thereof,
Having regard to Council Decision 2010/413/CFSP of 26 July 2010 concerning restrictive measures against Iran (1), and in particular Article 23 thereof,
Whereas:
|
(1) |
On 26 July 2010, the Council adopted Decision 2010/413/CFSP. |
|
(2) |
By its judgment of 12 November 2013 in Case T-552/12 (2), the General Court of the European Union annulled Council Decision 2012/635/CFSP (3) insofar as it included North Drilling Company (NDC) in the list of persons and entities subject to restrictive measures, as set out in Annex II to Decision 2010/413/CFSP. |
|
(3) |
North Drilling Company (NDC) should be included again in the list of persons and entities subject to restrictive measures, on the basis of a new statement of reasons. |
|
(4) |
One entity should be removed from the list of persons and entities subject to restrictive measures set out in Annex II to Decision 2010/413/CFSP. |
|
(5) |
Decision 2010/413/CFSP should be amended accordingly, |
HAS ADOPTED THIS DECISION:
Article 1
Annex II to Decision 2010/413/CFSP shall be amended as set out in the Annex to this Decision.
Article 2
This Decision shall enter into force on the day of its publication in the Official Journal of the European Union.
Done at Brussels, 16 April 2014.
For the Council
The President
D. KOURKOULAS
(1) OJ L 195, 27.7.2010, p. 39.
(2) Case T-552/12 North Drilling Co. v Council, judgment of 12 November 2013, not yet reported.
(3) Council Decision 2012/635/CFSP of 15 October 2012 amending Decision 2010/413/CFSP concerning restrictive measures against Iran (OJ L 282, 16.10.2012, p. 58).
ANNEX
I.
The entity listed below shall be inserted in the list set out in Part I, Section B (Entities), of Annex II to Decision 2010/413/CFSP:|
|
Name |
Identifying information |
Reasons |
Date of listing |
||||
|
118. |
North Drilling Company (NDC) |
|
North Drilling provides financial support to the Government of Iran through being indirectly owned by the Mostazafan Foundation, a major Iranian parastatal entity controlled by the Government of Iran. North Drilling is an important entity in the energy sector which provides substantial revenues to the Government of Iran. Additionally, North Drilling has imported key equipment for the oil and gas industry, including prohibited goods. Therefore, North Drilling provides support for Iran's proliferation-sensitive nuclear activities. |
23.4.2014 |
II.
The entity listed below, and the related entry, shall be deleted from the list set out in Annex II to Decision 2010/413/CFSP:Safa Nicu a.k.a. ‘Safa Nicu Sepahan’, ‘Safanco Company’, ‘Safa Nicu Afghanistan Company’, ‘Safa Al Noor Company’ and ‘Safa Nicu Ltd Company’.
|
23.4.2014 |
EN |
Official Journal of the European Union |
L 119/67 |
COMMISSION IMPLEMENTING DECISION
of 16 April 2014
concerning exemptions from the extended anti-dumping duty on certain bicycle parts originating in the People's Republic of China pursuant to Commission Regulation (EC) No 88/97
(notified under document C(2014) 2474)
(2014/223/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), and in particular Article 13(4) thereof,
Having regard to Council Regulation (EC) No 71/97 of 10 January 1997 extending the definitive anti-dumping duty imposed by Regulation (EEC) No 2474/93 on bicycles originating in the People's Republic of China to imports of certain bicycle parts from the People's Republic of China, and levying the extended duty on such imports registered under Regulation (EC) No 703/96 (2), and in particular Article 3 thereof,
Having regard to Commission Regulation (EC) No 88/97 of 20 January 1997 on the authorisation of the exemption of imports of certain bicycle parts originating in the People's Republic of China from the extension by Council Regulation (EC) No 71/97 of the anti-dumping duty imposed by Council Regulation (EEC) No 2474/93 (3), and in particular Articles 4, 5, 7 and 10 thereof,
After informing the Member States,
Whereas:
|
(1) |
After the entry into force of Regulation (EC) No 88/97 (‘the exemption Regulation’), a number of bicycle assemblers submitted requests pursuant to Article 3 of that Regulation for exemption from the anti-dumping duty extended to imports of certain bicycle parts from the People's Republic of China (‘the PRC’) by Regulation (EC) No 71/97 (‘the extending Regulation’) (‘the extended duty’). The most recent Commission Decision concerning exemptions from the extended duty pursuant to exemption Regulation was adopted on 19 December 2011 (4). |
|
(2) |
The Commission has published in the Official Journal of the European Union successive lists of bicycle assemblers (5) for which the payment of the extended anti-dumping duty in respect of their imports of essential bicycle parts declared for free circulation was suspended pursuant to Article 5(1) of the exemption Regulation. Furthermore, lists of newly exempted bicycle assemblers and lists of revoked exemptions were published. |
1. AUTHORISATION OF EXEMPTION
|
(3) |
The Commission received from the party set out in table 1 all the information required for the determination of the admissibility of its request. Based on that information, the Commission found that the request was admissible pursuant to Article 4(1) of the exemption Regulation. Pursuant to Article 5(1) of the same Regulation, that party has received the suspension as from the day on which the Commission received its request. Table 1
|
|
(4) |
The Commission established during the examination that the value of the parts originating in the PRC used in this party's assembly operations constituted less than 60 % of the total value of the parts used in those operations. Consequently, they fall outside the scope of Article 13(2) of Regulation (EC) No 1225/2009. |
|
(5) |
For that reason, and in accordance with Article 7(1) of the exemption Regulation, that party should be exempted from the extended duty. In accordance with Article 7(2), the exemption should take effect as from the date of receipt of its request and, in addition, its customs debt in respect of the extended duty should be considered void from the same date. |
|
(6) |
Since the exemption will apply only to the party specifically referred to in table 1 with its name and address, it is necessary that exempted party notifies the Commission (6) forthwith, of any changes to these (for instance, following a change in the name, legal form or address or following the setting up of new assembly entities). In such case, it is necessary that the party provides all relevant information, in particular on any modification in its activities linked to assembly operations. Where appropriate, the Commission will update the references to this party. |
2. SUSPENSION OF PAYMENTS OF THE DUTIES FOR PARTIES UNDER EXAMIMATION
|
(7) |
The Commission received from the parties under examination listed in table 2 all the information required for the prima facie determination of the admissibility of their requests for exemption. Based on that information, the Commission found that the requests were admissible pursuant to Article 4(1) of the exemption Regulation. |
|
(8) |
Pending a decision on the merits of requests from the parties under examination listed in table 2, payments of extended duty in respect of any imports of essential bicycle parts declared for free circulation by these parties should be suspended pursuant to Article 5 of the exemption Regulation. |
|
(9) |
Since the suspension will apply only to the parties specifically referred to in table 2 with their names and addresses, it is necessary that the parties notify the Commission (7) forthwith, of any changes to these (for instance following a change in the name, legal form or address or following the setting up of new assembly entities). In such case, it is necessary that the party provides all relevant information, in particular on any modification in its activities linked to assembly operations. Where appropriate, the Commission will update the references to this party. Table 2
|
3. REJECTION OF REQUEST FOR EXEMPTION AND LIFTING RELATED SUSPENSION
|
(10) |
The party set out in table 3 submitted a request for exemption from the extended anti-dumping duty. The payments of the customs debt in respect of the extended duty pursuant to Article 2(1) of the extending Regulation have been suspended pursuant to Article 5 of the exemption Regulation in respect of any imports of essential bicycle parts declared for free circulation by this party as from the day on which the Commission received its request. Table 3
|
|
(11) |
This party limited its assembly operations to minor quantities and continues to import bicycle parts from the PRC only in quantities below the threshold of 300 units per type on a monthly basis. Therefore, this party has withdrawn its request for an exemption from the anti-dumping duty on bicycle parts. |
|
(12) |
On these grounds and pursuant to with Article 7(3) of the exemption Regulation, the Commission has to reject this party's request and lift the suspension of the payment of the extended duty laid down in Article 5 of the exemption Regulation. Consequently, the extended duty should be collected as from the date of receipt of the request for exemption submitted by this party, that is the date on which the suspension took effect. |
|
(13) |
What is said in the preceding recital does not exclude the application of an exemption subject to end-use control in accordance with Article 14 of the exemption Regulation. |
4. REVOCATION OF EXEMPTION
|
(14) |
For the party set out in table 4 the exemption should be revoked. Table 4
|
|
(15) |
This party was exempted from the extended anti-dumping duty on bicycle parts. The party informed the Commission services that it had ended its assembly operations. For the sake of clarity, the exemption should therefore be revoked. |
5. UPDATE OF REFERENCES TO CERTAIN EXEMPTED PARTIES
|
(16) |
The exempted parties listed in table 5 came forward and informed the Commission that their name, legal form or address has changed. The Commission, after having examined the information submitted, concluded that those changes in no way affect the assembly operations with regard to the conditions of exemption set forth in the exemption Regulation. |
|
(17) |
While the exemptions of those parties from the extended duty authorised pursuant to Article 7(1) of the exemption Regulation remain unaffected, the references to those parties should be updated. Table 5
|
HAS ADOPTED THIS DECISION:
Article 1
For the purposes of this Decision, the definitions set out in Article 1 of Regulation (EC) No 88/97 shall apply.
Article 2
The party set out in table 1 is hereby exempted from the extension by Regulation (EC) No 71/97 of the definitive anti-dumping duty on bicycles originating in the People's Republic of China imposed by Council Regulation (EEC) No 2474/93 (8) to imports of certain bicycle parts from the People's Republic of China.
The exemption shall take effect in relation to that party as from the date provided for in the column headed ‘Date of effect’.
The exemption shall apply only to the party specifically referred to in table 1 with its name and address. The exempted party shall notify the Commission forthwith, of any change to these, providing all relevant information, in particular on any modification in the party's activities linked to assembly operations with regard to the conditions of exemption.
Table 1
Exempted party
|
Name |
Address |
Country |
Exemption pursuant to Regulation (EC) No 88/97 |
Date of effect |
TARIC additional code |
|
Ets Th Brasseur SA |
Rue des Steppes 13, 4000 Liège |
Belgium |
Article 7 |
29.5.2012 |
B294 |
Article 3
The parties listed in table 2 are under examination pursuant to Article 6 of Regulation (EC) No 88/97.
The suspension of payment of the extended anti-dumping duty pursuant to Article 5 of Regulation (EC) No 88/97 shall be effective as from the dates of receipt of these parties' requests. These dates are provided for in the column headed ‘Date of effect’.
This suspension shall apply only to the parties specifically referred to in table 2 with their names and addresses. The party under examination shall notify the Commission forthwith, of any change to these, providing all relevant information, in particular on any modification in the party's activities linked to assembly operations with regard to the conditions of suspension.
Table 2
Parties under examination
|
Name |
Address |
Country |
Suspension pursuant to Regulation (EC) No 88/97 |
Date of effect |
TARIC additional code |
|
c2g-engineering GmbH |
Schlesische Straße 27, 10997 Berlin |
Germany |
Article 5 |
16.12.2013 |
B934 |
|
Solo International Oy |
Pyyntitie 1 B, 02230 Espoo |
Finland |
Article 5 |
26.7.2013 |
B940 |
|
Planet X Ltd |
Unit 6, Ignite Business Park, Magna Way, Rotherham S60 1FD |
UK |
Article 5 |
7.2.2013 |
A995 |
|
S.C EUROBIKE UNIVERSAL S.R.L. |
Street Asociatiei No 4, Movilita, Ialomita |
Romania |
Article 5 |
26.7.2013 |
B941 |
|
Longway Poland Sp. z o.o. |
ul. Rajdowa 3a, Konotopa, 05-850 Ożarów Mazowiecki |
Poland |
Article 5 |
16.12.2013 |
B935 |
|
BBF Bike GmbH |
Carena Allee 8, 15366 Hoppegarten |
Germany |
Article 5 |
14.1.2014 |
B936 |
Article 4
The request for exemption from the extended anti-dumping duty submitted by the party set out in table 3 is hereby rejected pursuant to Article 7 of Regulation (EC) No 88/97.
The suspension of payment of the extended anti-dumping duty is hereby lifted for this party pursuant to Article 7 of Regulation (EC) No 88/97, as from the date provided for in the column headed ‘Date of effect’.
Table 3
Party for which the suspension shall be lifted
|
Name |
Address |
Country |
Suspension pursuant to Regulation (EC) No 88/97 |
Date of effect |
TARIC additional code |
|
IBEROSELLE, LDA |
Vale Domingos 3750 — 321 Águeda |
Portugal |
Article 5 |
20.4.2012 |
B292 |
Article 5
The exemption of the party set out in table 4 from the payment of the extended anti-dumping duty is hereby revoked pursuant to Article 10 of Regulation (EC) No 88/97, as from the date provided for in the column headed ‘Date of effect’.
Table 4
Party for which the exemption shall be revoked
|
Name |
Address |
Country |
Exemption pursuant to Regulation (EC) No 88/97 |
Date of effect |
TARIC additional code |
|
Borge Kildemoes Cykelfabrik A/S |
Albanivej 7, Nr. Lyndelse, 5792 Arslev |
Denmark |
Article 7 |
1 day after publication of the present Decision |
A166 |
Article 6
Updated references to the exempted parties listed in table 5 are provided for in the column headed ‘New reference’. The corresponding TARIC additional codes previously attributed to these exempted parties as provided for in the column headed ‘TARIC additional code’ remain the same.
Table 5
Exempted parties for which the reference shall be updated
|
Former reference |
New reference |
Country |
TARIC additional code |
||||||
|
|
Netherlands |
A686 |
||||||
|
|
Czech Republic |
A558 |
||||||
|
|
Germany |
A856 |
||||||
|
|
Slovak Republic |
A551 |
||||||
|
|
Romania |
A896 |
||||||
|
|
France |
8065 |
||||||
|
|
Italy |
A402 |
||||||
|
|
Italy |
A246 |
||||||
|
|
Hungary |
A555 |
||||||
|
|
France |
8963 |
||||||
|
|
Italy |
A979 |
||||||
|
|
Slovenia |
A630 |
||||||
|
|
Poland |
A849 |
||||||
|
Speedcross di Torretta P. e C. snc — Corso Italia 20 — I-20020 Vanzaghello (MI) Italy |
|
Italy |
A163 |
||||||
|
|
Poland |
A966 |
||||||
|
Gruppo Bici Srl — Via Pitagora 15 — I-47023 Cesena |
|
Italy |
8005 |
||||||
|
|
Czech Republic |
A605 |
||||||
|
|
Czech Republic |
A553 |
Article 7
This Decision is addressed to the Member States and to the parties listed in Articles 2, 3, 4, 5 and 6. It is also published in the Official Journal of the European Union.
Done at Brussels, 16 April 2014.
For the Commission
Karel DE GUCHT
Member of the Commission
(1) OJ L 343, 22.12.2009, p. 51.
(2) OJ L 16, 18.1.1997, p. 55.
(3) OJ L 17, 21.1.1997, p. 17.
(4) OJ L 343, 23.12.2011, p. 86.
(5) OJ C 45, 13.2.1997, p. 3, OJ C 112, 10.4.1997, p. 9, OJ C 220, 19.7.1997, p. 6, OJ C 378, 13.12.1997, p. 2, OJ C 217, 11.7.1998, p. 9, OJ C 37, 11.2.1999, p. 3, OJ C 186, 2.7.1999, p. 6, OJ C 216, 28.7.2000, p. 8, OJ C 170, 14.6.2001, p. 5, OJ C 103, 30.4.2002, p. 2, OJ C 35, 14.2.2003, p. 3, OJ C 43, 22.2.2003, p. 5, OJ C 54, 2.3.2004, p. 2, OJ C 299, 4.12.2004, p. 4, OJ L 17, 21.1.2006, p. 16 and OJ L 313, 14.11.2006, p. 5, OJ L 81, 20.3.2008, p. 73, OJ C 310, 5.12.2008, p. 19, OJ L 19, 23.1.2009, p. 62, OJ L 314, 1.12.2009, p. 106, OJ L 136, 24.5.2011, p. 99, OJ L 343, 23.12.2011, p. 86.
(6) The parties are advised to use the following e-mail address: TRADE-BICYCLE-PARTS@ec.europa.eu.
(7) The parties are advised to use the following e-mail address: TRADE-BICYCLE-PARTS@ec.europa.eu.
|
23.4.2014 |
EN |
Official Journal of the European Union |
L 119/75 |
COMMISSION IMPLEMENTING DECISION
of 16 April 2014
on the transfer of assigned amount units to the Party to the Kyoto Protocol holding account in the registry of Finland
(notified under document C(2014) 2475)
(2014/224/EU)
THE EUROPEAN COMMISSION,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to Council Decision 2002/358/EC of 25 April 2002 concerning the approval, on behalf of the European Community, of the Kyoto Protocol to the United Nations Framework Convention on Climate Change and the joint fulfilment of commitments thereunder (1), and in particular Article 3 thereof,
Whereas:
|
(1) |
Commission Decision 2006/944/EC (2) determines the respective emission levels for the Union and its Member States for the first commitment period under the Kyoto Protocol. |
|
(2) |
Commission Decision 2010/778/EU (3) amends Decision 2006/944/EC by establishing the final respective emission levels allocated to the Union and to each Member State and by providing that the final arithmetic difference of 19 357 532 tonnes of carbon dioxide equivalent between the emission levels of the Union and the sum of the emission levels of the Member States be issued as assigned amount units by the Union. Furthermore, that Decision provides for the transfer of five million of these assigned amount units from the Union registry to the Party to the Kyoto Protocol holding account in the registry of Denmark. |
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(3) |
In the context of adopting Decision 2010/778/EU it was recognised that the transfer of the five million assigned amount units to Denmark is without prejudice to the ownership of the remaining Union arithmetic surplus. |
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(4) |
In December 2011, the 17th Conference of the Parties of the United Nations Framework Convention on Climate Change (‘UNFCCC’) meeting in Durban adopted Decision 2/CMP.7 of the Conference of the Parties serving as the meeting of the Parties to the Kyoto Protocol (‘Durban Decision’). That decision sets out accounting rules for the land use, land-use change and forestry (‘LULUCF’) sector for a second commitment period under the Kyoto Protocol (‘Kyoto Protocol’) to the UNFCCC. |
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(5) |
The Durban Decision deviates significantly from the previous accounting rules agreed under the Kyoto Protocol for the first commitment period. Decision 16/CMP.1 of the Conference of the Parties serving as the meeting of the Parties to the Kyoto Protocol adopted by the 11th Conference of the Parties of the UNFCCC meeting in Montreal in December 2005 provides for limits as set out in the Annex to that Decision for the purpose of Parties' commitments under the first commitment period of the Kyoto Protocol. In addition, Decision 16/CMP.1 provides for Parties' possibility to exceed those limits by compensating net emissions (‘debits’) resulting from the activities of afforestation, reforestation and deforestation pursuant to Article 3(3) of the Kyoto Protocol by net removals (‘credits’) resulting from forest management activities pursuant to Article 3(4) of the Kyoto Protocol. That accounting rule is commonly referred to as the compensation rule. The Durban Decision does not provide for such a compensation rule for the second commitment period under the Kyoto Protocol. |
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(6) |
The accounting rules laid down in the Durban Decision provide for a limit on the use of credits resulting from forest management activities in order to account for a mitigation commitment in the second commitment period of the Kyoto Protocol. According to that decision, a Party cannot use more credits resulting from forest management activities than the equivalent of 3,5 % of that Party's emissions, excluding LULUCF, in its base year or period for complying with its mitigation commitment. |
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(7) |
The changes to the LULUCF accounting rules as set out in the Durban Decision have a significant impact on the way in which Parties account for LULUCF activities for the second commitment period. Due to the geographical variation of the land sector, and the great diversity of national circumstances in this regard, the impact differs greatly between Member States. The exclusion of the compensation rule from the accounting rules set out in the Durban Decision has an impact on the fulfilment of Parties' commitments under the second commitment period of the Kyoto Protocol. This situation is especially relevant for forest rich countries, given that the conditions in the LULUCF sector differ from one country to another. |
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(8) |
In its conclusions of 9 March 2012, the Council acknowledges the impact of the changes in the compensation accounting rule for the second commitment period of the Kyoto Protocol, by recognising ‘the particularities of richly-forested countries especially as regards the limited possibilities to cover emissions from afforestation, reforestation and deforestation with growing forest management sinks’. At the same time, the Council invited the Commission ‘to explore options in view of finding a satisfactory solution while ensuring environmental integrity’. |
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(9) |
The specific situation of richly forested countries was also recognised by the Council in 2012 in the process leading to the adoption of Decision No 529/2013/EU of the European Parliament and of the Council of 21 May 2013 on accounting rules on greenhouse gas emissions and removals resulting from activities relating to land use, land-use change and forestry and information concerning actions relating to those activities (4) as reflected in the reference to environmental conditions in richly forested countries included in the preamble to that Decision. |
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(10) |
Finland has repeatedly expressed concerns regarding its debits from deforestation for the LULUCF sector as a result of the change of the compensation rule in the Durban Decision. Finland appears to be affected by the application of the Durban Decision in a specific and unique manner. Current assessments show that, Finland is the only Member State for which the annual limit of 3,5 % would mean that it cannot cover its debits resulting from the activities of afforestation, reforestation and deforestation with credits resulting from forest management activities when accounting for its commitment in the second commitment period of the Kyoto Protocol. |
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(11) |
To account for Finland's special and unique situation, the Union should transfer a total quantity which should not exceed 10 million assigned amount units from the arithmetic surplus provided for by Decision 2006/944/EC as amended by Decision 2010/778/EU to Finland. This total quantity should serve the sole purpose of a one-off compensation to Finland for the impact of the change of the compensation rule, to the extent that this is necessary to enable it to comply with the commitments in the second commitment period under the Kyoto Protocol. |
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(12) |
That transfer should be made as soon as possible and before the end of the true up period for the first commitment period under the Kyoto Protocol, subject to the availability of assigned amount units in the Union registry and when the commitment regarding Croatia as set out in the Protocol on certain arrangements concerning a possible one-off transfer of assigned amount units issued under the Kyoto Protocol to the United Nations Framework Convention on Climate Change to the Republic of Croatia, as well as the related compensation to the Treaty concerning the accession of the Republic of Croatia to the European Union (5) has been settled or resolved. |
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(13) |
The use of those assigned amount units by Finland must not exceed credits resulting from forest management activities in Finland that are disallowed for use in accordance with paragraph 13 of the Annex to the Durban Decision. The Commission has taken due consideration of Finland's commitment to cancel any assigned amount units remaining from this transfer at the end of the second commitment period. |
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(14) |
The measures provided for in this Decision are in accordance with the opinion of the Climate Change Committee, |
HAS ADOPTED THIS DECISION:
Article 1
1. A maximum of 10 million (10 000 000) of the assigned amount units referred to in Article 2 of Decision 2006/944/EC shall be made available for the purpose of enabling Finland's compliance with its commitments in the second commitment period under the Kyoto Protocol.
The Central Administrator of the Union registry shall transfer as soon as possible and before the end of the true up period for the first commitment period under the Kyoto Protocol a total quantity which shall not exceed 10 million (10 000 000) of these assigned amount units to the Party to the Kyoto Protocol holding account in the registry of Finland.
2. The transfer referred to in paragraph 1 shall be made subject to the availability of assigned amount units in the Union registry and when the commitment regarding Croatia as set out in the Protocol on certain arrangements concerning a possible one-off transfer of assigned amount units issued under the Kyoto Protocol to the United Nations Framework Convention on Climate Change to the Republic of Croatia, as well as the related compensation to the Treaty concerning the accession of the Republic of Croatia to the European Union has been settled or resolved.
Article 2
This Decision is addressed to the Member States.
Done at Brussels, 16 April 2014.
For the Commission
Connie HEDEGAARD
Member of the Commission
(1) OJ L 130, 15.5.2002, p. 1.
(2) OJ L 358, 16.12.2006, p. 87.
(3) OJ L 332, 16.12.2010, p. 41.