14.5.2014   

EN

Official Journal of the European Union

L 139/1

(1)

It is appropriate to lay down supplementary rules for the renewal of national authorisations having been subject to mutual recognition in accordance with Article 4 of Directive 98/8/EC of the European Parliament and of the Council (2) or with Articles 33 and 34 of Regulation (EU) No 528/2012, both in the Member States where the first authorisations were granted and in those Member States having granted authorisations through mutual recognition of the first authorisations.

(2)

In order to avoid unnecessary duplication of work and to ensure consistency, renewal of authorisations having been subject to mutual recognition should in the first place be managed by the competent authority of one single reference Member State. In order to provide flexibility to applicants and competent authorities, the applicant should have the opportunity to choose the reference Member State subject to the latter's agreement.

(3)

In order to facilitate the smooth running of the procedure and the tasks to be carried out by the competent authorities, the scope of this Regulation should be limited to those authorisations having, apart from limited exceptions, the same terms and conditions in all the Member States at the time of the application for renewal. For other national authorisations, an application for renewal should be submitted to the Member State in question in accordance with Article 31 of Regulation (EU) No 528/2012.

(4)

The content of an application for renewal of a national authorisation is specified under Article 31 of Regulation (EU) No 528/2012. However, for applications for renewal of national authorisations granted on the basis of mutual recognition, the content of the application should be further specified, in particular to facilitate the work of the Member States involved in the renewal of these authorisations.

(5)

To take into account the workload associated with the evaluation, the time allowed for processing an application should depend on whether or not a full evaluation needs to be performed.

(6)

In order to provide the same level of protection when an authorisation is renewed as when it is first granted, the maximum validity of the renewed authorisations should not exceed that of the initial authorisations. In addition, phasing-out provisions for the existing products on the market of Member States should be set for those authorisations for which an application for renewal is not submitted or is rejected.

(7)

It is appropriate to refer any disagreement in the evaluation of renewal applications to the coordination group established under Regulation (EU) No 528/2012 for the purpose of examining disagreements relating to product authorisation, and to allow derogations from mutual recognition based on the general grounds for such derogations laid down in Article 37 of that Regulation.

(8)

In order to bring further predictability, guidelines on the details related to the handling of renewals should be developed by the Agency and regularly updated on the basis of experience and scientific or technical progress,

(a)

concerning merely information which can be the subject of an administrative change in accordance with Commission Implementing Regulation (EU) No 354/2013 (3);

(b)

derived from an adjustment of the initial authorisation based on the second and third subparagraphs of Article 4(1) of Directive 98/8/EC;

(c)

established by a Commission Decision adopted either in accordance with Article 4(4) of Directive 98/8/EC or in accordance with Article 37(2)(b) of Regulation (EU) No 528/2012;

(d)

derived from an agreement with the applicant under the first subparagraph of Article 37(2) of Regulation (EU) No 528/2012, or from equivalent agreements reached when implementing the provisions of Article 4 of Directive 98/8/EC.

(a)

the name of the Member State which evaluated the initial application for authorisation or, where relevant, the Member State having been chosen by the applicant together with written confirmation that the Member State agrees to be responsible for the evaluation of the application for renewal (hereinafter referred to as the ‘reference Member State’);

(b)

a list of all other Member States where the renewal of an authorisation is sought (hereinafter the ‘Member States concerned’), which shall also include the numbers of the authorisations granted by the reference Member State and the Member States concerned;

(c)

confirmation from the applicant that those authorisations fall within the scope of this Regulation as provided for by Article 1(2) and (3);

(d)

all relevant data required under Article 31(3)(a) of Regulation (EU) No 528/2012 that the applicant has generated since the initial authorisation or, as appropriate, previous renewal, unless those data have already been submitted to the Agency in the required format;

(e)

a draft summary of the biocidal product characteristics containing the information required under Article 22(2) of Regulation (EU) No 528/2012, in the official languages of the reference Member State and of the Member States concerned which, where relevant, may differ between Member States in accordance with Article 1(3) of this Regulation;

(f)

the applicant's assessment of whether the conclusions of the initial or previous assessment of the biocidal product or biocidal product family remain valid, including a critical review of any information notified in accordance with Article 47 of Regulation (EU) No 528/2012, including any supporting information to that assessment where it is not already available on the Register for Biocidal Products.

(a)

a list of the actions to be completed by the authorisation holder according to the conditions for the validity of the authorisation in any Member State and confirmation that these actions have been completed;

(b)

a list of the decisions on changes agreed by any Member State before 1 September 2013;

(c)

a list of the decisions on changes agreed by any Member State in accordance with Implementing Regulation (EU) No 354/2013;

(d)

a list of the notifications or applications for changes submitted to any Member State in accordance with Implementing Regulation (EU) No 354/2013, which are pending at the time of the submission of the application for renewal.

(a)

on the market of a Member State to which no application for renewal has been submitted or which has rejected an application pursuant to Article 3(3) of this Regulation;

(b)

on the market of the reference Member State and of the Member States concerned, where the reference Member State rejects the application for renewal in accordance with Article 3(3) or the third subparagraph of Article 3(7) of this Regulation.

14.5.2014   

EN

Official Journal of the European Union

L 139/7

(1)

By Council Regulation (EC) No 1796/1999 (2), the Council imposed a definitive anti-dumping duty on imports of steel ropes and cables originating, inter alia, in the People's Republic of China. These measures were maintained by Council Regulation (EC) No 1601/2001 (3) and by Council Regulation (EC) No 1858/2005 (4).

(2)

By Implementing Regulation (EU) No 400/2010 (5), the Council extended the anti-dumping duty on imports of steel ropes and cables originating, inter alia, in the People's Republic in China to imports of the same product consigned from the Republic of Korea, whether declared as originating in the Republic of Korea or not, following an anti-circumvention investigation under Article 13 of the basic Regulation. By the same Regulation, certain Korean exporting producers were exempted from these extended measures.

(3)

The measures currently in force are an anti-dumping duty imposed by Council Implementing Regulation (EU) No 102/2012 (6) on imports of steel ropes and cables originating, inter alia, in the People's Republic of China as extended, inter alia, to imports of steel ropes and cables consigned from the Republic of Korea whether declared as originating in the Republic of Korea or not following an expiry review under Article 11(2) of the basic Regulation, as last amended by Commission Implementing Regulation (EU) No 489/2014 (7) (‘the measures in force’).

(4)

The Commission received a request for a partial interim review under Article 11(3) of the basic Regulation. The request was lodged by Goodwire MFG. Co. Ltd (‘Goodwire’), a producer in the Republic of Korea, and is limited in scope to the examination of the possibility of granting an exemption to Goodwire from the measures in force under Article 13(4) of the basic Regulation.

(5)

Having examined the evidence submitted by Goodwire and after consultation of the Member States, and after the Union industry had been given the opportunity to comment, the Commission initiated the investigation on 27 August 2013 by publishing a notice of initiation in the Official Journal of the European Union  (8).

(6)

The product subject to the review is steel ropes and cables, including locked coil ropes, excluding ropes and cables of stainless steel, with a maximum cross-sectional dimension exceeding 3 mm, originating in the People's Republic of China or consigned from the Republic of Korea, whether declared as originating in the Republic of Korea or not (‘the product under review’), currently falling within CN codes ex 7312 10 81, ex 7312 10 83, ex 7312 10 85, ex 7312 10 89 and ex 7312 10 98 (TARIC codes 7312108113, 7312108313, 7312108513, 7312108913 and 7312109813).

(7)

The reporting period covered the period from 1 July 2012 to 30 June 2013. Data was collected from 2008 until the end of the reporting period to investigate any change in the pattern of trade.

(8)

The Commission officially advised Goodwire and the representatives of the Republic of Korea of the initiation of the review. Interested parties were invited to make their views known and were informed of the possibility to request a hearing. No such request was received.

(9)

The Commission sent a questionnaire to Goodwire and received a reply within the given deadline. The Commission sought and verified all the information deemed necessary for the purposes of the review. A verification visit was carried out at the premises of Goodwire.

(10)

The investigation has confirmed that Goodwire is a genuine producer of the product under review and that it was not related to any Chinese exporters or producers subject to the anti-dumping measures in force. The investigation further confirmed that Goodwire had not exported the product under review to the Union during the investigation period of the anti-circumvention investigation that led to the extended measures, that is 1 July 2008 to 30 June 2009.

(11)

The processing activities of Goodwire can be considered as a completion and/or assembly operation in the sense of Article 13(2) of the basic Regulation. Goodwire purchases domestically produced steel wire rod but also imports steel wire rod from the People's Republic of China, which are subsequently drawn, stranded and closed at its premises in the Republic of Korea. The finished product is sold domestically and exported to the United States and to the Union.

(12)

During the investigation it was established that the proportion of Chinese raw materials was significantly below the threshold of 60 %. Hence, it was not necessary to establish whether the 25 % threshold of value added was reached within the meaning of Article 13(2) of the basic Regulation. Therefore, Goodwire's production activities were not found to involve circumvention under Article 13(2) of the basic Regulation.

(13)

The investigation confirmed that Goodwire was not purchasing the finished product under review from the People's Republic of China in order to resell or tranship to the Union and that the company can justify all its exports during the reporting period.

(14)

In light of the findings described in recitals (10) to (13), the Commission concludes that Goodwire is not circumventing the anti-dumping measures in force on imports of steel ropes and cables originating in, inter alia, the People's Republic of China as extended, inter alia, to imports of steel ropes and cables consigned from the Republic of Korea whether declared as originating in the Republic of Korea or not.

(15)

The findings above were disclosed to Goodwire and the Union industry, which were given the opportunity to provide comments. Comments received were taken into account where appropriate.

(16)

In accordance with the above findings, the company Goodwire should be added to the list of companies that are exempted from the anti-dumping duty imposed by Implementing Regulation (EU) No 102/2012.

(17)

As laid down in Article 1(2) of Implementing Regulation (EU) No 400/2010, the application of the exemption is to be conditional upon presentation to the customs authorities of the Member States of a valid commercial invoice, which shall conform to the requirements set out in the Annex to that Regulation. If no such an invoice is presented, the anti-dumping duty should continue to apply.

(18)

In addition, the exemption from the extended measures granted to imports of steel ropes and cables produced by Goodwire, in accordance with Article 13(4) of the basic Regulation, remains valid on condition that the facts as finally ascertained justify the exemption. Should new prima facie evidence indicate otherwise, an investigation may be initiated by the Commission to establish whether withdrawal of the exemption is warranted.

(19)

The exemption from the extended measures granted to imports of steel ropes and cables produced by Goodwire is made on the basis of the findings of the present review. This exemption is thus exclusively applicable to imports of steel ropes and cables consigned from the Republic of Korea and produced by the abovementioned specific legal entity. Imported steel ropes and cables produced by any company not specifically mentioned in Article 1(4) of Implementing Regulation (EU) No 102/2012 with its name, including entities related to those specifically mentioned, should not benefit from the exemption and should be subject to the residual duty rate as imposed by that Regulation.

(20)

The partial interim review should be terminated and Implementing Regulation (EU) No 102/2012, as last amended, should be amended to include Goodwire in the table set out in its Article 1(4).

(21)

The measures provided for in this Regulation are in accordance with the opinion of the Committee established by Article 15(1) of the basic Regulation,

14.5.2014   

EN

Official Journal of the European Union

L 139/11

(1)

Directive 97/78/EC lays down the principles governing the organisation of veterinary checks on products entering the Union from third countries.

(2)

Article 19(1) of that Directive provides that the Commission is to draw up a list of plant products which are to be subjected to border veterinary checks and a list of the third countries which may be authorised to export those plant products to the Union.

(3)

Accordingly, Annex IV to Commission Regulation (EC) No 136/2004 (2) lists hay and straw as plant products subject to border veterinary checks, while Part I of Annex V to that Regulation lists the countries from which Member States are authorised to import hay and straw.

(4)

Ukraine has recently requested the authorisation to export pelleted straw to the Union and has asked to be included in Annex V to Regulation (EC) No 136/2004.

(5)

Belarus is already listed in Annex V to Regulation (EC) No 136/2004 and is authorised to export hay and straw of any kind to the Union. However, some Member States have outlined concerns in relation to the changed animal health situation in Belarus, referring to outbreaks of African swine fever. They fear that the export of unprocessed hay and straw from that third country may pose a high animal health risk to the Union. It has thus been requested to adopt precautionary measures through the adoption of more restrictive import conditions for hay and straw from Belarus.

(6)

Analysis shows that the animal health situation in Belarus and Ukraine does not present a risk of spreading infectious or contagious animal diseases into the Union, if only pelleted straw intended for combustion is allowed for import, provided it is directly delivered from the approved border inspection post (BIP) of entry into the Union to the destination plant where it is going to be burned. To ensure that such consignments do not present a risk to animal health being deviated from their intended destination, they need to be moved under customs transit procedure, as provided for in Council Regulation (EEC) No 2913/92 (3), and be monitored in the integrated computerised veterinary system (TRACES) accordingly from the BIP of entry to the destination plant.

(7)

Regulation (EC) No 136/2004 should therefore be amended accordingly.

(8)

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

14.5.2014   

EN

Official Journal of the European Union

L 139/14

(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,

14.5.2014   

EN

Official Journal of the European Union

L 139/16

(1)

The accounts of the European Central Bank (ECB) and of the national central banks of the Eurosystem are to be audited by independent external auditors recommended by the Governing Council of the ECB and approved by the Council of the European Union.

(2)

The mandate of the current external auditors of the Banque centrale du Luxembourg expired after the audit for the financial year 2013. It is therefore necessary to appoint external auditors for the financial years 2014 to 2018.

(3)

The Banque centrale du Luxembourg has selected DELOITTE AUDIT SARL as its external auditors for the financial years 2014 to 2018.

(4)

It is appropriate to follow the recommendation of the Governing Council of the ECB and to amend Council Decision 1999/70/EC (2) accordingly,

14.5.2014   

EN

Official Journal of the European Union

L 139/18

(1)

Commission Decision 2008/411/EC (2) harmonises the technical conditions for using the spectrum in the 3 400-3 800 MHz frequency band for the terrestrial provision of electronic communications services throughout the Union mainly targeting wireless broadband services for end-users.

(2)

Decision No 243/2012/EU of the European Parliament and the Council (3) establishes a multiannual Radio Spectrum Policy Programme (RSPP) and sets the objective of promoting wider availability of wireless broadband services for the benefit of citizens and consumers in the Union. The RSPP requires Member States to foster the ongoing upgrade, by providers of electronic communications, of their networks to the latest, most efficient technology, in order to create their own dividends in line with the principles of service and technology neutrality.

(3)

Article 6(2) of Decision No 243/2012/EU requires Member States to make available the 3 400-3 800 MHz frequency band under the terms and conditions of Decision 2008/411/EC and, subject to market demand, to authorise the use of this band by 31 December 2012 without prejudice to existing deployments of services and under conditions that allow consumers easy access to wireless broadband services.

(4)

The 3 400-3 800 MHz frequency band offers significant potential for deploying dense and high-speed wireless broadband networks to provide innovative electronic communications services to end users. The use of this frequency band for wireless broadband should contribute to the economic and social policy objectives of the Digital Agenda for Europe.

(5)

Pursuant to Article 4(2) of Decision No 676/2002/EC, the Commission gave a mandate on 23 March 2012 to the European Conference of Postal and Telecommunications Administrations (CEPT) to develop technical conditions for spectrum use in the 3 400-3 800 MHz frequency band with a view to accommodating developments in wireless broadband access technology, in particular large channel bandwidths, while ensuring efficient spectrum use.

(6)

In response to that mandate, on 8 November 2013 the CEPT issued a report (CEPT Report 49) on the technical conditions of spectrum harmonisation for terrestrial wireless systems in the 3 400-3 800 MHz frequency band. It includes the results of studies on the least restrictive technical conditions (such as block edge mask), frequency arrangements and principles for co-existence and coordination between wireless broadband and existing spectrum uses. The results on a block edge mask and the principles on coordination in CEPT Report 49 were developed on the basis of the Electronic Communications Committee (ECC) Report 203.

(7)

The results of the Commission mandate to the CEPT should be applied across the Union and implemented by Member States without delay, given the rapidly growing market demand for high-speed wireless broadband services and the current low level of use of the 3 400-3 800 MHz frequency band for wireless broadband services.

(8)

Spectrum users providing wireless broadband services would benefit from uniform technical conditions across the whole frequency range, which would ensure availability of equipment and coherent coordination between networks of different operators. To this end, a preferred channelling arrangement for the 3 400-3 600 MHz frequency band should be set out based on the results of CEPT Report 49, while observing the principle of technology and service neutrality.

(9)

The legal framework for using the 3 400-3 800 MHz frequency band set by Decision 2008/411/EC should remain unchanged and thus ensure continued protection of other existing services within the band. In particular, fixed satellite systems (FSS) including earth stations would require continued protection through appropriate coordination between such systems and wireless broadband networks and services by national authorities on a case-by-case basis.

(10)

Spectrum use by wireless broadband service providers and other existing services using the 3 400-3 800 MHz band, in particular FSS earth stations, would need to be coordinated based on guidance, best practices and the coordination principles set out in CEPT Report 49. These principles cover coordination processes, exchange of information, minimisation of reciprocal constraints and bilateral agreements for rapid cross border coordination, where terrestrial wireless broadband network base stations and FSS earth stations are located on the territories of different Member States.

(11)

Given the frequency propagation characteristics of the 3 400-3 800 MHz frequency band and the harmonised technical conditions in place, the protection of existing uses would benefit from certain preferred configurations for the deployment of wireless broadband networks and services. These configurations include, but are not limited to, small cells, fixed wireless access, backhaul links in wireless broadband access networks or combinations thereof.

(12)

While this Decision should be without prejudice to the protection and continued operation of other existing use in the bands, the new harmonised technical conditions should also apply, to the extent necessary, to existing spectrum usage rights in the 3 400-3 800 MHz frequency band so as to ensure technical compatibility between existing and new users of the band, efficient spectrum use and avoidance of harmful interference, including across borders between Union Member States.

(13)

Cross-border agreements may be necessary to ensure the implementation by Member States of the parameters set by this Decision so as to avoid harmful interference and improve spectrum efficiency and convergence in spectrum use.

(14)

The technical conditions of spectrum harmonisation for terrestrial wireless systems in the 3 400-3 800 MHz frequency band provided in CEPT Report 49 do not ensure compatibility with certain existing rights of use for such systems in this band in the Union. Therefore, existing spectrum users should be given appropriate time to apply the technical conditions of CEPT Report 49 without limiting access to spectrum in this band for users who comply with the technical conditions of CEPT Report 49 and national administrations the flexibility to defer the implementation of the technical conditions of this Decision depending on market demand.

(15)

Decision 2008/411/EC should therefore be amended accordingly.

(16)

The measures provided for in this Decision are in accordance with the opinion of the Radio Spectrum Committee,

(1)

Article 2 is replaced by the following:

‘Article 2

1.   Without prejudice to the protection and continued operation of other existing use in this band, Member States shall designate and subsequently make available, on a non-exclusive basis the 3 400-3 800 MHz frequency band for terrestrial electronic communications networks, in compliance with the parameters set out in the Annex. Moreover, Member States need not apply the parameters laid down in the Annex in respect of rights of use for terrestrial electronic communications networks in the 3 400-3 800 MHz frequency band existing at the date of adoption of this decision, to the extent that the exercise of those rights does not prevent the use of that band according to the Annex.

2.   Member States shall ensure that networks referred to in paragraph 1 give appropriate protection to systems in adjacent bands.

3.   Member States shall not be bound to implement the obligations under this Decision in geographical areas where coordination with third countries requires a deviation from the parameters in the Annex.

Member States shall make all practicable efforts to solve such deviations, which they shall notify to the Commission, including the affected geographical areas, and publish the relevant information pursuant to Decision No 676/2002/EC.’;

(2)

In Article 3, the following subparagraph is added:

‘Member States shall facilitate cross-border coordination agreements with the aim of enabling the operation of those networks, taking into account existing regulatory procedures and rights.’;

(3)

The following Article 4a is inserted:

‘Article 4a

Member States shall apply the conditions laid down in the Annex on 30 June 2015 at the latest.

Member States shall report on the application of this Decision on 30 September 2015 at the latest.’;

(4)

The Annex is replaced by the text in the Annex to this Decision.