ISSN 1977-0677
Official Journal
of the European Union
L 186
English edition
Legislation
Volume 57
26 June 2014
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ISSN 1977-0677 |
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Official Journal of the European Union |
L 186 |
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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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26.6.2014 |
EN |
Official Journal of the European Union |
L 186/1 |
COMMISSION REGULATION (EU) No 703/2014
of 19 June 2014
amending Annexes II, III and V to Regulation (EC) No 396/2005 of the European Parliament and of the Council as regards maximum residue levels for acibenzolar-S-methyl, ethoxyquin, flusilazole, isoxaflutole, molinate, propoxycarbazone, pyraflufen-ethyl, quinoclamine and warfarin 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), Article 18(1)(b) and Article 49(2) thereof,
Whereas:
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(1) |
For acibenzolar-S-methyl, isoxaflutole, molinate, propoxycarbazone and pyraflufen-ethyl, maximum residue levels (MRLs) were set in Annex II and Part B of Annex III to Regulation (EC) No 396/2005. For ethoxyquin and flusilazole, MRLs were set in Part A of Annex III to that Regulation. For quinoclamine and warfarin no MRLs are set in Regulation (EC) No 396/2005, and as those active substances are not included in Annex IV to that Regulation, the default value of 0,01 mg/kg laid down in Article 18(1)(b) of that Regulation applies. |
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(2) |
For acibenzolar-S-methyl, 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). The Authority proposed to change the residue definition. It recommended lowering the MRLs for bananas and tomatoes. For other products it recommended keeping the existing MRLs. It concluded that concerning the MRLs for apples, pears and mangoes 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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(3) |
The non-inclusion of ethoxyquin in Annex I to Council Directive 91/414/EEC (3) is provided for in Commission Decision 2011/143/EU (4). All existing authorisations for plant protection products containing the active substance ethoxyquin have been revoked. In accordance with Article 17 of Regulation (EC) No 396/2005 in conjunction with Article 14(1)(a) thereof the MRLs set out for that active substance in Annex III should therefore be deleted. This should not apply to those MRLs corresponding to CXLs based on uses in third countries provided that they are acceptable with regard to consumer safety. Nor should it apply in cases where MRLs have been specifically set as import tolerances. |
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(4) |
For ethoxyquin, the Authority submitted a reasoned opinion on the existing MRLs in accordance with Article 12(1) of Regulation (EC) No 396/2005 (5). It concluded that concerning the CXL for pears, some information was not available and that further consideration by risk managers was required. For pears a risk for consumers was identified. It is therefore appropriate to set the MRL at the specific limit of determination. The Authority identified some uncertainties concerning the toxicological reference values for ethoxyquin. Because a risk to consumers cannot be excluded at residue levels below the current MRL, for pears the value of 0,05 mg/kg should apply from the date of application of this Regulation. |
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(5) |
The period of inclusion of flusilazole in Annex I to Directive 91/414/EEC provided for in Commission Directive 2006/133/EC (6) expired on 30 June 2008. Since flusilazole is no longer approved as an active substance and all existing authorisations for plant protection products containing that active substance have been revoked, MRLs set out for that active substance in Annex III should be deleted in accordance with Article 17 of Regulation (EC) No 396/2005 in conjunction with Article 14(1)(a) thereof. |
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(6) |
For flusilazole, 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). It identified concerning the CXLs for apples, pears, table grapes, peaches, bovine liver, kidney, meat and fat, sheep meat and fat and swine meat and fat a risk for consumers. For peaches this risk for consumers is identified at residue levels below the current MRL. Therefore, for peaches the value of 0,01 mg/kg should apply from the date of application of this Regulation. |
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(7) |
For isoxaflutole, 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 (8). It proposed to change the residue definition. It recommended lowering the MRLs for sweet corn, maize grain and sugar cane. It concluded that concerning the MRL for poppy seed no information was available and that further consideration by risk managers was required. The MRL for poppy seed 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 molinate, 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 (9). It 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 that 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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(9) |
For propoxycarbazone, 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 (10). It proposed to change the residue definition. It recommended keeping the existing MRLs for certain products. |
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(10) |
For pyraflufen-ethyl, 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 (11). It proposed to change the residue definition. It concluded that concerning the MRLs for citrus fruit, tree nuts, pome fruit, stone fruit, table and wine grapes, currants (red, black and white), gooseberries, elderberries, table olives, potatoes, rape seed, olives for oil production, barley grain, oats grain, rye grain, wheat grain and hops some information was not available and that further consideration by risk managers was required. As there is no risk for consumers, the MRLs for these products should be set in Annex II to Regulation (EC) No 396/2005 at the existing level or the level identified by the Authority. These 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 MRL for cotton seed no information was available and that further consideration by risk managers was required. The MRL for cotton seed 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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(11) |
For quinoclamine, the Authority submitted a reasoned opinion on the existing MRLs in accordance with Article 12(1) of Regulation (EC) No 396/2005 (12). All existing authorisations for plant protection products containing quinoclamine are restricted to non-edible crops. It is therefore appropriate to set the MRLs at the specific limit of determination. |
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(12) |
For warfarin, 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 (13). All existing authorisations for plant protection products containing warfarin are restricted to the use as rodenticide only and are not intended for direct application on edible crops. It is therefore appropriate to set the MRLs at the default limit of determination. |
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(13) |
As regards products of plant and animal origin for which neither relevant authorisations or import tolerances were reported at Union level nor Codex MRLs were 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 in accordance with Article 18(1)(b) of Regulation (EC) No 396/2005. |
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(14) |
The Commission consulted the European Union reference laboratories for residues of pesticides as regards the need to adapt certain limits of determination. As regards several substances, those laboratories concluded that for certain commodities technical development requires the setting of specific limits of determination. |
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(15) |
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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(16) |
Regulation (EC) No 396/2005 should therefore be amended accordingly. |
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(17) |
In order to allow for the 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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(18) |
A reasonable period should be allowed to elapse before the modified MRLs become applicable in order to permit Member States, third countries and food business operators to prepare themselves to meet the new requirements which will result from the modification of the MRLs. |
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(19) |
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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(20) |
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, III and V 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 16 January 2015:
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(1) |
as regards the active substances acibenzolar-S-methyl, isoxaflutole, molinate, propoxycarbazone, pyraflufen-ethyl, quinoclamine and warfarin in and on all products; |
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(2) |
as regards the active substance ethoxyquin in and on all products except pears; |
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(3) |
as regards the active substance flusilazole in and on all products except peaches. |
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 16 January 2015.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 19 June 2014.
For the Commission
The President
José Manuel BARROSO
(2) European Food Safety Authority; Review of the existing maximum residue levels (MRLs) for acibenzolar-S-methyl according to Article 12 of Regulation (EC) No 396/2005. EFSA Journal 2013;11(2):3122. [41 pp.].
(3) Council Directive 91/414/EEC of 15 July 1991 concerning the placing of plant protection products on the market (OJ L 230, 19.8.1991, p. 1).
(4) Commission Decision 2011/143/EU of 3 March 2011 concerning the non-inclusion of ethoxyquin in Annex I to Council Directive 91/414/EEC and amending Commission Decision 2008/941/EC (OJ L 59, 4.3.2011, p. 71).
(5) European Food Safety Authority; Review of the existing maximum residue levels (MRLs) for ethoxyquin according to Article 12 of Regulation (EC) No 396/2005. EFSA Journal 2013;11(5):3231. [25 pp.].
(6) Commission Directive 2006/133/EC of 11 December 2006 amending Council Directive 91/414/EEC to include flusilazole as active substance (OJ L 349, 12.12.2006, p. 27).
(7) European Food Safety Authority; Review of the existing maximum residue levels (MRLs) for flusilazole according to Article 12 of Regulation (EC) No 396/2005. EFSA Journal 2013;11(4):3186. [62 pp.]
(8) European Food Safety Authority; Review of the existing maximum residue levels (MRLs) for isoxaflutole according to Article 12 of Regulation (EC) No 396/2005. EFSA Journal 2013;11(2):3123. [30 pp.].
(9) European Food Safety Authority; Review of the existing maximum residue levels (MRLs) for molinate according to Article 12 of Regulation (EC) No 396/2005. EFSA Journal 2013;11(3):3140. [27 pp.].
(10) European Food Safety Authority; Review of the existing maximum residue levels (MRLs) for propoxycarbazone according to Article 12 of Regulation (EC) No 396/2005. EFSA Journal 2013;11(4):3164. [30 pp.].
(11) European Food Safety Authority; Review of the existing maximum residue levels (MRLs) for pyraflufen-ethyl according to Article 12 of Regulation (EC) No 396/2005. EFSA Journal 2013;11(3):3142. [37 pp.].
(12) European Food Safety Authority; Reasoned opinion on the review of the existing maximum residue levels (MRLs) for quinoclamine, according to Article 12 of Regulation (EC) No 396/2005. EFSA Journal 2013;11(3):3141. [11 pp.].
(13) European Food Safety Authority; Reasoned opinion on the review of the existing maximum residue levels (MRLs) for warfarin, according to Article 12 of Regulation (EC) No 396/2005. EFSA Journal 2013;11(2):3124. [8 pp.].
ANNEX
Annexes II, III and V to Regulation (EC) No 396/2005 are amended as follows:
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(1) |
In Annex II, the columns for acibenzolar-S-methyl, isoxaflutole, molinate, propoxycarbazone and pyraflufen-ethyl are replaced by the following: ‘Pesticide residues and maximum residue levels (mg/kg)
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(2) |
In Annex III, the columns for acibenzolar, ethoxyquin, flusilazole, isoxaflutole, molinate, propoxycarbazone and pyraflufen-ethyl are deleted. |
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(3) |
Annex V 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.
(*3) Indicates lower limit of analytical determination
(3) 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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26.6.2014 |
EN |
Official Journal of the European Union |
L 186/49 |
COMMISSION REGULATION (EU) No 704/2014
of 25 June 2014
amending Regulation (EU) No 211/2013 on certification requirements for import into the Union of sprouts and seeds intended for the production of sprouts
(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 882/2004 of the European Parliament and of the Council of 29 April 2004 on official controls performed to ensure the verification of compliance with feed and food law, animal health and animal welfare rules (1), and in particular Article 48(1) thereof,
Whereas:
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(1) |
Commission Regulation (EU) No 211/2013 (2) lays down certification requirements for sprouts or seeds intended for the production of sprouts imported into the Union. |
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(2) |
During recent audits conducted by the Commission Inspection Services (Food and Veterinary Office) in third countries, certain deficiencies were observed. These deficiencies relate to the competent authorities' capability to certify that the seeds intended for the production of sprouts are produced in compliance with Regulation (EC) No 852/2004 of the European Parliament and of the Council (3), in particular with the general hygiene provisions for primary production and associated operations set out in Part A of Annex I thereto. |
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(3) |
In order to maintain the highest level of consumer protection while third countries take the necessary corrective actions to establish a robust certification system, it is appropriate to allow, as an alternative in the country of origin, the certification requirement on the general hygiene provisions for primary production to be replaced by a microbiological test for seeds intended for the production of sprouts before export to the Union takes place. For that reason, the model certificate in the Annex to Regulation (EU) No 211/2013 also needs to be amended. |
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(4) |
This measure should be limited in time until third countries have provided the necessary guarantees that the deficiencies have been corrected. |
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(5) |
The measures provided for in this Regulation are in accordance with the opinion of the Standing Committee on the Food Chain and Animal Health and neither the European Parliament nor the Council has opposed them, |
HAS ADOPTED THIS REGULATION:
Article 1
Regulation (EU) No 211/2013 is amended as follows:
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(1) |
Article 3 is replaced by the following: ‘Article 3 Certification requirement 1. Consignments of sprouts or seeds intended for the production of sprouts imported into the Union and originating in or dispatched from third countries shall be accompanied by a certificate in accordance with the model set out in the Annex, attesting that the sprouts or seeds were produced under conditions which comply with the general hygiene provisions for primary production and associated operations set out in Part A of Annex I to Regulation (EC) No 852/2004 and the sprouts were produced under conditions which comply with the traceability requirements laid down in Implementing Regulation (EU) No 208/2013 (*1), have been produced in establishments approved in accordance with the requirements laid down in Article 2 of Commission Regulation (EU) No 210/2013 (*2) and respect the microbiological criteria laid down in Annex I to Regulation (EC) No 2073/2005. The certificate and, when applicable, the results of microbiological testing on Enterobacteriaceae as referred to in paragraph 4 of this article, must be drawn up in the official language or languages of the third country of dispatch and the Member State in which the import into the EU takes place, or be accompanied by a certified translation into that language or languages. If the Member State of destination so requests, certificates must also be accompanied by a certified translation into the official language or languages of that Member State. However, a Member State may consent to the use of an official Union language other than its own. 2. The original of the certificate shall accompany the consignment until it reaches its destination as indicated in the certificate. 3. In the case of splitting of the consignment, a copy of the certificate shall accompany each part of the consignment. 4. However, by way of derogation from the requirement in paragraph 1 to officially attest that the seeds were produced in compliance with the provisions of Regulation (EC) No 852/2004, and until 1 July 2015, consignments of seeds for sprouting destined to be exported to the Union may be subjected to a microbiological test on Enterobacteriaceae to verify the hygienic conditions of production prior to exportation. The results of those microbiological tests may not exceed 1 000 cfu/g. 5. The certificate and the results of such tests, if applicable, must be made available by the Food Business Operators producing sprouts using imported seeds, on demand of the competent authorities. (*1) Commission Implementing Regulation (EU) No 208/2013 of 11 March 2013 on traceability requirements for sprouts and seeds intended for the production of sprouts (OJ L 68, 12.3.2013, p. 16)." (*2) Commission Regulation (EU) No 210/2013 of 11 March 2013 on the approval of establishments producing sprouts pursuant to Regulation (EC) No 852/2004 of the European Parliament and of the Council (OJ L 68, 12.3.2013, p. 24).’;" |
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(2) |
Article 4 is deleted; |
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(3) |
the model certificate for the import of sprouts or seeds intended for the production of sprouts in the Annex is replaced by the text in the Annex to this Regulation. |
Article 2
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, 25 June 2014.
For the Commission
The President
José Manuel BARROSO
(1) OJ L 165, 30.4.2004, p. 1.
(2) Commission Regulation (EU) No 211/2013 of 11 March 2013 on certification requirements for imports into the Union of sprouts and seeds intended for the production of sprouts (OJ L 68, 12.3.2013, p. 26).
(3) Regulation (EC) No 852/2004 of the European Parliament and of the Council of 29 April 2004 on the hygiene of foodstuffs (OJ L 139, 30.4.2004, p. 1).
ANNEX
‘MODEL CERTIFICATE FOR THE IMPORT OF SPROUTS OR SEEDS INTENDED FOR THE PRODUCTION OF SPROUTS
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26.6.2014 |
EN |
Official Journal of the European Union |
L 186/53 |
COMMISSION IMPLEMENTING REGULATION (EU) No 705/2014
of 25 June 2014
fixing the import duty applicable to broken rice
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 point (a) of Article 183 thereof,
Whereas:
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(1) |
The Agreement between the European Union and Thailand (2) with respect to rice, approved by Council Decision 2005/953/EC (3), provides that, for broken rice, the Union has to apply an import duty of EUR 65 per tonne. |
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(2) |
To implement the Agreement between the Union and Thailand, Article 140 of Council Regulation (EC) No 1234/2007 (4) set the import duty on broken rice at EUR 65 per tonne. |
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(3) |
Regulation (EU) No 1308/2013, which repeals and replaces Regulation (EC) No 1234/2007, does not contain a provision similar to Article 140 of Regulation (EC) No 1234/2007. As regards the import duties, Article 183 of Regulation (EU) No 1308/2013 empowers the Commission to adopt implementing acts fixing the level of the applied import duty in accordance with the rules set out, inter alia, in an international agreement concluded in accordance with the Treaty on the Functioning of the European Union. |
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(4) |
In order to continue to comply with the Agreement between the Union and Thailand, the import duty applicable to broken rice should be fixed, |
HAS ADOPTED THIS REGULATION:
Article 1
Notwithstanding the rate of import duty fixed in the Common Customs Tariff, the import duty on broken rice falling within CN code 1006 40 00 shall be EUR 65 per tonne.
Article 2
This Regulation shall enter into force on the third 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, 25 June 2014.
For the Commission
The President
José Manuel BARROSO
(1) OJ L 347, 20.12.2013, p. 671.
(2) Agreement in the form of an Exchange of Letters between the European Community and Thailand pursuant to Article XXVIII of the GATT 1994 relating to the modification of concessions with respect to rice provided for in EC Schedule CXL annexed to GATT 1994 (OJ L 346, 29.12.2005, p. 26).
(3) Council Decision 2005/953/EC of 20 December 2005 on the conclusion of an agreement in the form of an Exchange of Letters between the European Community and Thailand pursuant to Article XXVIII of GATT 1994 relating to the modification of concessions with respect to rice provided for in EC Schedule CXL annexed to GATT 1994 (OJ L 346, 29.12.2005, p. 24).
(4) 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), (OJ L 299, 16.11.2007, p. 1).
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26.6.2014 |
EN |
Official Journal of the European Union |
L 186/54 |
COMMISSION IMPLEMENTING REGULATION (EU) No 706/2014
of 25 June 2014
amending Regulation (EC) No 972/2006 as regards the import duty applicable to Basmati rice
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 point (a) of Article 183 thereof,
Whereas:
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(1) |
Pursuant to the Agreement between the European Union and India (2) with respect to rice, approved by Council Decision 2004/617/EC (3), the duty applicable to imports of husked rice of certain Basmati varieties originating in India is fixed at zero. |
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(2) |
Pursuant to the Agreement between the European Union and Pakistan (4) with respect to rice, approved by Council Decision 2004/618/EC (5), the duty applicable to imports of husked rice of certain Basmati varieties originating in Pakistan is fixed at zero. |
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(3) |
To implement those agreements, Article 138 of Council Regulation (EC) No 1234/2007 (6) provided that the husked Basmati rice varieties covered by those agreements had to qualify for a zero rate of import duty under the conditions fixed by the Commission. Those conditions have been laid down in Commission Regulation (EC) No 972/2006 (7). |
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(4) |
Regulation (EU) No 1308/2013, which repeals and replaces Regulation (EC) No 1234/2007, does not contain a provision similar to Article 138 of Regulation (EC) No 1234/2007. As regards the import duties, Article 183 of Regulation (EU) No 1308/2013 empowers the Commission to adopt implementing acts fixing the level of the applied import duty in accordance with the rules set out, inter alia, in an international agreement concluded in accordance with the Treaty on the Functioning of the European Union. |
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(5) |
In order to continue to comply with the Agreement between the Union and India and the Agreement between the Union and Pakistan, it should be provided in Regulation (EC) No 972/2006 that the husked Basmati rice varieties covered by those agreements should qualify for a zero rate of import duty under the conditions fixed in that Regulation. |
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(6) |
Regulation (EC) No 972/2006 should therefore be amended accordingly, |
HAS ADOPTED THIS REGULATION:
Article 1
Article 1 of Regulation (EC) No 972/2006 is replaced by the following:
‘Article 1
This Regulation shall apply to husked Basmati rice falling within CN code 1006 20 17 and CN code 1006 20 98, of the following varieties:
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Basmati 217 |
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Basmati 370 |
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Basmati 386 |
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Kernel (Basmati) |
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Pusa Basmati |
|
— |
Ranbir Basmati |
|
— |
Super Basmati |
|
— |
Taraori Basmati (HBC-19) |
|
— |
Type-3 (Dehradun) |
Notwithstanding the rates of import duty fixed in the Common Customs Tariff, the husked Basmati rice of the varieties referred to in the first paragraph shall qualify for a zero rate of import duty under the conditions fixed by this Regulation.’.
Article 2
This Regulation shall enter into force on the third 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, 25 June 2014.
For the Commission
The President
José Manuel BARROSO
(1) OJ L 347, 20.12.2013, p. 671.
(2) Agreement in the form of an Exchange of Letters between the European Community and India pursuant to Article XXVIII of the GATT 1994 relating to the modification of concessions with respect to rice provided for in EC Schedule CXL annexed to the GATT 1994 (OJ L 279, 28.8.2004, p. 19).
(3) Council Decision 2004/617/EC of 11 August 2004 on the conclusion of an Agreement in the form of an Exchange of Letters between the European Community and India pursuant to Article XXVIII of the GATT 1994 relating to the modification of concessions with respect to rice provided for in EC Schedule CXL annexed to the GATT 1994 (OJ L 279, 28.8.2004, p. 17).
(4) Agreement in the form of an Exchange of Letters between the European Community and Pakistan pursuant to Article XXVIII of the GATT 1994 relating to the modification of concessions with respect to rice provided for in EC Schedule CXL annexed to the GATT 1994 (OJ L 279, 28.8.2004, p. 25).
(5) Council Decision 2004/618/EC of 11 August 2004 on the conclusion of an Agreement in the form of an Exchange of Letters between the European Community and Pakistan pursuant to Article XXVIII of the GATT 1994 relating to the modification of concessions with respect to rice provided for in EC Schedule CXL annexed to the GATT 1994 (OJ L 279, 28.8.2004, p. 23).
(6) Council Regulation (EC) No 1234/2007 of 22 October 2007 establishing a common organization of agricultural markets and on specific provisions for certain agricultural products (Single CMO Regulation) (OJ L 299, 16.11.2007, p. 1).
(7) Commission Regulation (EC) No 972/2006 of 29 June 2006 laying down special rules for imports of Basmati rice and a transitional control system for determining their origin (OJ L 176, 30.6.2006, p. 53).
|
26.6.2014 |
EN |
Official Journal of the European Union |
L 186/56 |
COMMISSION IMPLEMENTING REGULATION (EU) No 707/2014
of 25 June 2014
amending Regulation (EC) No 690/2008 recognising protected zones exposed to particular plant health risks in the Community
THE EUROPEAN COMMISSION,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to Council Directive 2000/29/EC of 8 May 2000 on protective measures against the introduction into the Community of organisms harmful to plants or plant products and against their spread within the Community (1), and in particular Article 2(1)(h) thereof,
Having regard to the requests submitted by France, Ireland, Italy, Portugal and the United Kingdom,
Whereas:
|
(1) |
By Commission Regulation (EC) No 690/2008 (2) certain Member States or certain areas in Member States were recognised as protected zones in respect of certain harmful organisms. In some cases recognition was granted for a limited period of time to allow the Member State concerned to provide the full information necessary to show that the harmful organisms in question did not occur in the Member State or area concerned or to complete the efforts to eradicate the organism in question. |
|
(2) |
Certain parts of the territory of Portugal were recognised as a protected zone with respect to Bemisia tabaci Genn. (European populations). Portugal has submitted information showing that Bemisia tabaci is now established in Madeira. The measures taken in 2013 with a view to the eradication of that harmful organism have proven to be ineffective. Madeira should therefore no longer be recognised as part of the protected zone of Portugal in respect of Bemisia tabaci. |
|
(3) |
From information provided by Greece it appears that the territory of Greece continues to be free from Dendroctonus micans Kugelan. It is, however, necessary that further surveys be carried out. Those surveys should be monitored by experts under the authority of the Commission. Therefore, the recognition of the protected zone of Greece in respect of Dendroctonus micans should be prolonged until 30 April 2016. |
|
(4) |
Ireland has requested that its territory be recognised as a protected zone in respect of Dryocosmus kuriphilus Yasumatsu. On the basis of surveys conducted between 2006 and 2013, Ireland has submitted evidence that the harmful organism concerned does not occur in its territory despite favourable conditions for that organism to establish itself there. It is, however, necessary that further surveys be carried out. Those surveys should be monitored by experts under the authority of the Commission. Therefore, Ireland should be recognised as a protected zone in respect of Dryocosmus kuriphilus only until 30 April 2016. |
|
(5) |
Portugal has requested that its territory be recognised as a protected zone in respect of Dryocosmus kuriphilus Yasumatsu. On the basis of surveys conducted between 2010 and 2013, Portugal has submitted evidence that the harmful organism concerned does not occur in its territory despite favourable conditions for that organism to establish itself there. It is, however, necessary that further surveys be carried out. Those surveys should be monitored by experts under the authority of the Commission. Therefore, Portugal should be recognised as a protected zone in respect of Dryocosmus kuriphilus only until 30 April 2016. |
|
(6) |
The United Kingdom has requested that its territory be recognised as a protected zone in respect of Dryocosmus kuriphilus Yasumatsu. On the basis of surveys conducted between 2006 and 2013, the United Kingdom has submitted evidence that the harmful organism concerned does not occur in its territory, despite favourable conditions for that organism to establish itself there. It is, however, necessary that further surveys be carried out. Those surveys should be monitored by experts under the authority of the Commission. Therefore, the United Kingdom should be recognised as a protected zone in respect of Dryocosmus kuriphilus only until 30 April 2016. |
|
(7) |
From information provided by Greece it appears that the territory of Greece continues to be free from Gilpinia hercyniae (Hartig). It is, however, necessary that further surveys be carried out. Those surveys should be monitored by experts under the authority of the Commission. Therefore, the recognition of the protected zone of Greece in respect of Gilpinia hercyniae should be prolonged until 30 April 2016. |
|
(8) |
From information provided by Greece it appears that the territory of Greece continues to be free from Gonipterus scutellatus Gyll. It is, however, necessary that further surveys be carried out. Those surveys should be monitored by experts under the authority of the Commission. Therefore, the recognition of the protected zone of Greece in respect of Gonipterus scutellatus should be prolonged until 30 April 2016. |
|
(9) |
The territory of Corsica (France) was recognised as a protected zone with respect to Ips amitinus Eichhof. France has requested the revocation of its protected zone with respect to Ips amitinus in view of the absence of its main host species in Corsica. The territory of Corsica (France) should therefore no longer be recognised as a protected zone in respect of Ips amitinus Eichhof. |
|
(10) |
From information provided by Greece it appears that the territory of Greece continues to be free from Ips amitinus Eichhof. It is, however, necessary that further surveys be carried out. Those surveys should be monitored by experts under the authority of the Commission. Therefore, the recognition of the protected zone of Greece in respect of Ips amitinus should be prolonged until 30 April 2016. |
|
(11) |
From information provided by Greece it appears that Ips cembrae Heer is no longer present in its territory. It is, however, necessary that further surveys be carried out. Those surveys should be monitored by experts under the authority of the Commission. Therefore, the recognition of the protected zone of Greece in respect of Ips cembrae should be prolonged until 30 April 2016. |
|
(12) |
From information provided by Greece it appears that the territory of Greece continues to be free from Ips duplicatus Sahlberg. It is, however, necessary that further surveys be carried out. Those surveys should be monitored by experts under the authority of the Commission. Therefore, the recognition of the protected zone of Greece in respect of Ips duplicatus should be prolonged until 30 April 2016. |
|
(13) |
Ireland has requested that its territory be recognised as a protected zone in respect of Thaumetopoea processionea L.. On the basis of surveys conducted between 2011 and 2013, Ireland has submitted evidence that the harmful organism concerned does not occur in its territory despite favourable conditions for that organism to establish itself there. It is, however, necessary that further surveys be carried out. Those surveys should be monitored by experts under the authority of the Commission. Therefore, Ireland should be recognised as a protected zone in respect of Thaumetopoea processionea only until 30 April 2016. |
|
(14) |
The United Kingdom has requested that its territory be recognised as a protected zone in respect of Thaumetopoea processionea L., with the exception of the local authority areas of Barnet, Brent, Bromley, Camden, City of London, City of Westminster, Croydon, Ealing, Elmbridge District, Epsom and Ewell District, Hackney, Hammersmith & Fulham, Haringey, Harrow, Hillingdon, Hounslow, Islington, Kensington & Chelsea, Kingston upon Thames, Lambeth, Lewisham, Merton, Reading, Richmond Upon Thames, Runnymede District, Slough, South Oxfordshire, Southwark, Spelthorne District, Sutton, Tower Hamlets, Wandsworth and West Berkshire. On the basis of surveys conducted between 2007 and 2013, the United Kingdom has submitted evidence that the harmful organism concerned does not occur in its territory, with the exception of those local authority areas, despite favourable conditions for that organism to establish itself there. It is, however, necessary that further surveys be carried out. Those surveys should be monitored by experts under the authority of the Commission. Therefore, the United Kingdom, with the exception of those local authority areas, should be recognised as a protected zone in respect of Thaumetopoea processionea only until 30 April 2016. |
|
(15) |
Certain parts of the territory of Spain were recognised as a protected zone with respect to Erwinia amylovora (Burr.) Winsl. et al.. Spain has submitted information showing that Erwinia amylovora is now established in the autonomous communities of Aragón, Castilla la Mancha, Murcia, Navarra and La Rioja, the province of Guipuzcoa (Basque Country), the Comarcas de L'Alt Vinalopó and El Vinalopó Mitjà in the province of Alicante and the municipalities of Alborache and Turís in the province of Valencia (Comunidad Valenciana). The measures taken in 2013 with a view to the eradication of that harmful organism have proven to be ineffective. The autonomous communities of Aragón, Castilla la Mancha, Murcia, Navarra and La Rioja, the province of Guipuzcoa (Basque Country), the Comarcas de L'Alt Vinalopó and El Vinalopó Mitjà in the province of Alicante and the municipalities of Alborache and Turís in the province of Valencia (Comunidad Valenciana) should therefore no longer be recognised as part of the protected zone of Spain in respect of Erwinia amylovora. |
|
(16) |
Certain parts of the territory of Italy were recognised as a protected zone with respect to Erwinia amylovora (Burr.) Winsl. et al.. Italy has submitted information showing that Erwinia amylovora is now established in Friuli-Venezia Giulia and the province of Sondrio (Lombardy). The measures taken in 2013 with a view to the eradication of that harmful organism have proven to be ineffective. Friuli-Venezia Giulia and the province of Sondrio (Lombardy) should therefore no longer be recognised as part of the protected zone of Italy in respect of Erwinia amylovora. |
|
(17) |
The entire territory of Ireland was recognised as a protected zone with respect to Erwinia amylovora (Burr.) Winsl. et al.. Ireland has submitted information showing that Erwinia amylovora is now established in Galway city. The measures were taken between 2005 and 2013 with a view to the eradication of that harmful organism but have proven to be ineffective. The city of Galway should therefore no longer be recognised as part of the protected zone of Ireland in respect of Erwinia amylovora. |
|
(18) |
The entire territory of Lithuania was recognised as a protected zone with respect to Erwinia amylovora (Burr.) Winsl. et al.. Lithuania has submitted information showing that Erwinia amylovora is now established in the municipalities of Kėdainiai and Babtai (region of Kaunas). The measures taken for a period of two successive years, 2012 and 2013, with a view to the eradication of that harmful organism have proven to be ineffective. The municipalities of Kėdainiai and Babtai (region of Kaunas) should therefore no longer be recognised as part of the protected zone of Lithuania in respect of Erwinia amylovora. |
|
(19) |
Certain parts of the territory of Slovenia were recognised as a protected zone with respect to Erwinia amylovora (Burr.) Winsl. et al.. Slovenia has submitted information showing that Erwinia amylovora is now established in the communes of Renče-Vogrsko (south from the highway H4) and Lendava. The measures taken for a period of two successive years, 2012 and 2013, with a view to the eradication of that harmful organism have proven to be ineffective. The communes of Renče-Vogrsko (south from the highway H4) and Lendava should therefore no longer be recognised as part of the protected zone of Slovenia in respect of Erwinia amylovora. |
|
(20) |
Certain parts of the territory of Slovakia were recognised as a protected zone with respect to Erwinia amylovora (Burr.) Winsl. et al.. Slovakia has submitted information showing that Erwinia amylovora is now established in the communes of Čenkovce, Topoľníky and Trhová Hradská (Dunajská Streda County). The measures taken for a period of two successive years, 2012 and 2013, with a view to the eradication of that harmful organism have proven to be ineffective. The communes of Čenkovce, Topoľníky and Trhová Hradská (Dunajská Streda County) should therefore no longer be recognised as part of the protected zone of Slovakia in respect of Erwinia amylovora. |
|
(21) |
The United Kingdom has requested that its territory be recognised as a protected zone in respect of Ceratocystis platani (J.M. Walter) Engelbr. & T.C. Harr.. On the basis of surveys conducted between 2010 and 2013, the United Kingdom has submitted evidence that these harmful organisms concerned do not occur in its territory, despite favourable conditions for that organism to establish itself there. It is, however, necessary that further surveys be carried out. Those surveys should be monitored by experts under the authority of the Commission. Therefore, the United Kingdom should be recognised as a protected zone in respect of Ceratocystis platani only until 30 April 2016. |
|
(22) |
The United Kingdom has requested that its entire territory, including the Isle of Man, be recognised as a protected zone in respect of the harmful organism Cryphonectria parasitica (Murrill) Barr. On the basis of surveys conducted between 2006 and 2013, the United Kingdom has submitted evidence that the harmful organism concerned does not occur in the Isle of Man despite favourable conditions for that organism to establish itself there. It is, however, necessary that further surveys be carried out. Those surveys should be monitored by experts under the authority of the Commission. Therefore, the protected zone of the United Kingdom as regards Cryphonectria parasitica should be recognised with respect to the Isle of Man only until 30 April 2016. |
|
(23) |
Certain parts of the territory of Greece were recognised as a protected zone with respect to Citrus tristeza virus. Greece has submitted information showing that Citrus tristeza virus is now established in the regional unit of Chania. The measures taken in 2013 with a view to the eradication of that harmful organism have proven to be ineffective. The regional unit of Chania should therefore no longer be recognised as part of the protected zone of Greece in respect of Citrus tristeza virus. |
|
(24) |
The territory of Corsica (France) was recognised as a protected zone with respect to European strains of Citrus tristeza virus. France has submitted information showing that European strains of Citrus tristeza virus are now established in Corsica and cannot be eradicated. The territory of Corsica (France) should therefore no longer be recognised as a protected zone in respect of European strains of Citrus tristeza virus. |
|
(25) |
France has requested that certain parts of the 'vignoble Champenois', namely Picardie (department de l'Aisne) and Ile de France (communes de Citry, Nanteuil-sur-Marne et Saâcy-sur-Marne), be recognised as part of the protected zone of France in respect of the harmful organism Grapevine flavescence dorée MLO. Those parts were covered by the surveys in the 'vignoble Champenois' for Grapevine flavescence dorée MLO, without having been listed as part of the protected zone because they did not belong to the administrative area of the Champagne sensu stricto. Therefore, the protected zone of France as regards Grapevine flavescence dorée MLO should be recognised also with respect to Picardie (department de l'Aisne) and Ile de France (communes de Citry, Nanteuil-sur-Marne et Saâcy-sur-Marne). |
|
(26) |
Italy has requested that Apúlia be recognised as part of its protected zone in respect of the harmful organism Grapevine flavescence dorée MLO. On the basis of surveys conducted in 2013, Italy has submitted evidence that the harmful organism concerned does not occur in Apúlia despite favourable conditions for that organism to establish itself there. It is, however, necessary that further surveys be carried out. Those surveys should be monitored by experts under the authority of the Commission. Therefore, Apúlia should be recognised as part of the protected zone of Italy in respect of Grapevine flavescence dorée MLO only until 30 April 2016. |
|
(27) |
From information provided by Italy it appears that the territory of Sardinia continues to be free from Grapevine flavescence dorée MLO. It is, however, necessary that further surveys be carried out. Those surveys should be monitored by experts under the authority of the Commission. Therefore, the recognition of the territory of Sardinia as part of the protected zone of Italy in respect of Grapevine flavescence dorée MLO should be prolonged until 30 April 2016. |
|
(28) |
Regulation (EC) No 690/2008 should therefore be amended accordingly. |
|
(29) |
In order to ensure continuity as regards protected zones recognised up to 31 March 2014, this Regulation should apply from 1 April 2014. |
|
(30) |
The measures provided for in this Regulation are in accordance with the opinion of the Standing Committee on Plant Health, |
HAS ADOPTED THIS REGULATION:
Article 1
Annex I to Regulation (EC) No 690/2008 is amended as follows:
|
1. |
heading (a) is amended as follows:
|
|
2. |
in heading (b), point 2 is replaced by the following:
|
|
3. |
in heading (c), point 01 is replaced by the following:
|
|
4. |
in heading (d), points 3 and 4 are replaced by the following:
|
Article 2
This Regulation shall enter into force on the day following that of its publication in the Official Journal of the European Union.
It shall apply from 1 April 2014.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 25 June 2014.
For the Commission
The President
José Manuel BARROSO
(1) OJ L 169, 10.7.2000, p. 1.
(2) Commission Regulation (EC) No 690/2008 of 4 July 2008 recognising protected zones exposed to particular plant health risks in the Community (OJ L 193, 22.7.2008, p. 1).
|
26.6.2014 |
EN |
Official Journal of the European Union |
L 186/62 |
COMMISSION IMPLEMENTING REGULATION (EU) No 708/2014
of 25 June 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, 25 June 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 |
MK |
67,9 |
|
TR |
91,6 |
|
|
ZZ |
79,8 |
|
|
0707 00 05 |
MK |
27,7 |
|
TR |
74,4 |
|
|
ZZ |
51,1 |
|
|
0709 93 10 |
TR |
107,4 |
|
ZZ |
107,4 |
|
|
0805 50 10 |
AR |
103,5 |
|
BO |
130,6 |
|
|
TR |
118,4 |
|
|
ZA |
125,0 |
|
|
ZZ |
119,4 |
|
|
0808 10 80 |
AR |
125,9 |
|
BR |
84,9 |
|
|
CL |
100,6 |
|
|
NZ |
134,6 |
|
|
US |
147,8 |
|
|
ZA |
125,6 |
|
|
ZZ |
119,9 |
|
|
0809 10 00 |
TR |
228,9 |
|
ZZ |
228,9 |
|
|
0809 29 00 |
TR |
298,4 |
|
ZZ |
298,4 |
|
(1) Nomenclature of countries laid down by Commission Regulation (EC) No 1833/2006 (OJ L 354, 14.12.2006, p. 19). Code ‘ZZ’ stands for ‘of other origin’.
DIRECTIVES
|
26.6.2014 |
EN |
Official Journal of the European Union |
L 186/64 |
COMMISSION IMPLEMENTING DIRECTIVE 2014/83/EU
of 25 June 2014
amending Annexes I, II, III, IV and V to Council Directive 2000/29/EC on protective measures against the introduction into the Community of organisms harmful to plants or plant products and against their spread within the Community
THE EUROPEAN COMMISSION,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to Council Directive 2000/29/EC of 8 May 2000 on protective measures against the introduction into the Community of organisms harmful to plants or plant products and against their spread within the Community (1), and in particular points (c) and (d) of the second paragraph of Article 14 thereof,
After consulting the Member States concerned,
Whereas:
|
(1) |
Certain parts of the territory of Portugal were recognised as a protected zone with respect to Bemisia tabaci Genn. (European populations). Portugal has submitted information showing that Bemisia tabaci is now established in Madeira. The measures taken in 2013 with a view to the eradication of that harmful organism have proven to be ineffective. Madeira should therefore no longer be recognised as part of the protected zone of Portugal in respect of Bemisia tabaci. Parts B of Annexes I and IV to Directive 2000/29/EC should be amended accordingly. |
|
(2) |
Certain parts of the territory of Spain were recognised as a protected zone with respect to Erwinia amylovora (Burr.) Winsl. et al.. Spain has submitted information showing that Erwinia amylovora is now established in the autonomous communitiy of Aragón, the Comarcas de L'Alt Vinalopó and El Vinalopó Mitjà in the province of Alicante and the municipalities of Alborache and Turís in the province of Valencia (Comunidad Valenciana). The measures taken in 2013 with a view to the eradication of that harmful organism have proven to be ineffective. The autonomous community of Aragón, the Comarcas de L'Alt Vinalopó and El Vinalopó Mitjà in the province of Alicante and the municipalities of Alborache and Turís in the province of Valencia (Comunidad Valenciana) should therefore no longer be recognised as part of the protected zone of Spain in respect of Erwinia amylovora. Parts B of Annexes II, III and IV to Directive 2000/29/EC should be amended accordingly. |
|
(3) |
The entire territory of Ireland was recognised as a protected zone with respect to Erwinia amylovora (Burr.) Winsl. et al.. Ireland has submitted information showing that Erwinia amylovora is now established in Galway city. The measures were taken between 2005 and 2013 with a view to the eradication of that harmful organism but have proven to be ineffective. The city of Galway should therefore no longer be recognised as part of the protected zone of Ireland in respect of Erwinia amylovora. Parts B of Annexes II, III and IV to Directive 2000/29/EC should be amended accordingly. |
|
(4) |
The entire territory of Lithuania was recognised as a protected zone with respect to Erwinia amylovora (Burr.) Winsl. et al.. Lithuania has submitted information showing that Erwinia amylovora is now established in the municipalities of Kėdainiai and Babtai (region of Kaunas). The measures taken for a period of two successive years, 2012 and 2013, with a view to the eradication of that harmful organism have proven to be ineffective. The municipalities of Kėdainiai and Babtai (region of Kaunas) should therefore no longer be recognised as part of the protected zone of Lithuania in respect of Erwinia amylovora. Parts B of Annexes II, III and IV to Directive 2000/29/EC should be amended accordingly. |
|
(5) |
Certain parts of the territory of Slovenia were recognised as a protected zone with respect to Erwinia amylovora (Burr.) Winsl. et al.. Slovenia has submitted information showing that Erwinia amylovora is now established in the communes of Renče-Vogrsko (south from the highway H4) and Lendava. The measures taken for a period of two successive years, 2012 and 2013, with a view to the eradication of that harmful organism have proven to be ineffective. The communes of Renče-Vogrsko (south from the highway H4) and Lendava should therefore no longer be recognised as part of the protected zone of Slovenia in respect of Erwinia amylovora. Parts B of Annexes II, III and IV to Directive 2000/29/EC should be amended accordingly. |
|
(6) |
Certain parts of the territory of Slovakia were recognised as a protected zone with respect to Erwinia amylovora (Burr.) Winsl. et al.. Slovakia has submitted information showing that Erwinia amylovora is now established in the commune of Čenkovce (Dunajská Streda County). The measures taken for a period of two successive years, 2012 and 2013, with a view to the eradication of that harmful organism have proven to be ineffective. The commune of Čenkovce (Dunajská Streda County) should therefore no longer be recognised as part of the protected zone of Slovakia in respect of Erwinia amylovora. Parts B of Annexes II, III and IV to Directive 2000/29/EC should be amended accordingly. |
|
(7) |
The scientific denomination of the harmful organism Ceratocystis fimbriata f. spp. platani Walter should be amended in line with the revised scientific denomination of the organism and should be referred to as Ceratocystis platani (J. M. Walter) Engelbr. & T. C. Harr. Annexes II and IV of Directive 2000/29/EC should be aligned. |
|
(8) |
Ceratocystis platani (J. M. Walter) Engelbr. & T. C. Harr. is now known to occur in Switzerland. Section I of Part A of Annex IV and point I of Part B of Annex V to Directive 2000/29/EC should be amended accordingly. |
|
(9) |
In the light of developments in scientific knowledge, it is to be considered that, as regards wood of Platanus L., debarking does not obviate the pest risk associated with Ceratocystis platani (J. M. Walter) Engelbr. & T. C. Harr. Section I of Part A of Annex IV to Directive 2000/29/EC should be amended accordingly. |
|
(10) |
In view of the risk posed by Ceratocystis platani (J. M. Walter) Engelbr. & T. C. Harr., it is technically justified, to include that harmful organism in Part B of Annex II to Directive 2000/29/EC in order to protect the production and trade of plants and plant products in certain endangered areas. |
|
(11) |
The United Kingdom has requested that its territory be recognised as a protected zone in respect of Ceratocystis platani (J.M. Walter) Engelbr. & T.C. Harr.. On the basis of surveys conducted between 2010 and 2013, the United Kingdom has submitted evidence that the harmful organism concerned does not occur in its territory, despite favourable conditions for that organism to establish itself there. It is, however, necessary that further surveys be carried out. Those surveys should be monitored by experts under the authority of the Commission. Therefore, the United Kingdom should be recognised as a protected zone in respect of Ceratocystis platani only until 30 April 2016. Parts B of Annexes II and IV to Directive 2000/29/EC should be therefore amended accordingly. Similarly, Part B of Annex IV and Part A.II of Annex V to Directive 2000/29/EC should be amended to introduce requirements for the movement of certain plants, plant products and other objects into the protected zones. |
|
(12) |
Annexes I, II, III, IV and V to Directive 2000/29/EC should therefore be amended accordingly. |
|
(13) |
The measures provided for in this Directive are in accordance with the opinion of the Standing Committee on Plant Health, |
HAS ADOPTED THIS DIRECTIVE:
Article 1
Annexes I, II, III, IV and V to Directive 2000/29/EC are amended in accordance with the Annex to this Directive.
Article 2
Member States shall adopt and publish, by 30 September 2014 at the latest, the laws, regulations and administrative provisions necessary to comply with this Directive. They shall forthwith communicate to the Commission the text of those provisions.
They shall apply those provisions from 1 October 2014.
When Member States adopt those provisions, they shall contain a reference to this Directive or be accompanied by such a reference on the occasion of their official publication. Member States shall determine how such reference is to be made.
Article 3
This Directive shall enter into force on the third day following that of its publication in the Official Journal of the European Union.
Article 4
This Directive is addressed to the Member States.
Done at Brussels, 25 June 2014.
For the Commission
The President
José Manuel BARROSO
ANNEX
(1)
Annex I, in heading (a) of Part B, point 1 is replaced by the following:
|
IRL, P (Azores, Beira Interior, Beira Litoral, Entre Douro e Minho, Ribatejo e Oeste (communes of Alcobaça, Alenquer, Bombarral, Cadaval, Caldas da Rainha, Lourinhã, Nazaré, Obidos, Peniche and Torres Vedras) and Trás-os-Montes), UK, S, FI’ |
(2)
Annex II is amended as follows:|
(a) |
In heading (c) of Section II of Part A, point 1 is replaced by the following:
|
|
(b) |
In point 2 of heading (b) of Part B, the text in the third column, protected zone(s), is replaced by the following: ‘E (except the autonomous communities of Aragon, Castilla la Mancha, Castilla y León, Extremadura, Murcia, Navarra and La Rioja, and the province of Guipuzcoa (Basque Country), the Comarcas de L'Alt Vinalopó and El Vinalopó Mitjà in the province of Alicante and the municipalities of Alborache and Turís in the province of Valencia (Comunidad Valenciana)), EE, F (Corsica), IRL (except Galway city), I (Abruzzo, Apulia, Basilicata, Calabria, Campania, Emilia-Romagna (the provinces of Parma and Piacenza), Lazio, Liguria, Lombardy (except the provinces of Mantua and Sondrio), Marche, Molise, Piedmont, Sardinia, Sicily, Tuscany, Umbria, Valle d'Aosta, Veneto (except the provinces of Rovigo and Venice, the communes Barbona, Boara Pisani, Castelbaldo, Masi, Piacenza d'Adige, S. Urbano, Vescovana in the province of Padova and the area situated to the south of highway A4 in the province of Verona)), LV, LT (except the municipalities of Babtai and Kėdainiai (region of Kaunas)), P, SI (except the regions Gorenjska, Koroška, Maribor and Notranjska, and the communes of Lendava and Renče-Vogrsko (south from the highway H4)), SK (except the communes of Blahová, Čenkovce, Horné Mýto, Okoč, Topoľníky and Trhová Hradská (Dunajská Streda County), Hronovce and Hronské Kľačany (Levice County), Dvory nad Žitavou (Nové Zámky County), Málinec (Poltár County), Hrhov (Rožňava County), Veľké Ripňany (Topoľčany County), Kazimír, Luhyňa, Malý Horeš, Svätuše and Zatín (Trebišov County)), FI, UK (Northern Ireland, Isle of Man and Channel Islands).’ |
|
(c) |
In heading (c) of Part B, the following point is inserted before point 0.1:
|
(3)
Annex III is amended as follows:|
(a) |
In point 1 of part B, the text in the second column, protected zone(s), is replaced by the following: ‘E (except the autonomous communities of Aragon, Castilla la Mancha, Castilla y León, Extremadura, Murcia, Navarra and La Rioja, and the province of Guipuzcoa (Basque Country), the Comarcas de L'Alt Vinalopó and El Vinalopó Mitjà in the province of Alicante and the municipalities of Alborache and Turís in the province of Valencia (Comunidad Valenciana)), EE, F (Corsica), IRL (except Galway city), I (Abruzzo, Apulia, Basilicata, Calabria, Campania, Emilia-Romagna (the provinces of Parma and Piacenza), Lazio, Liguria, Lombardy (except the provinces of Mantua and Sondrio), Marche, Molise, Piedmont, Sardinia, Sicily, Tuscany, Umbria, Valle d'Aosta, Veneto (except the provinces of Rovigo and Venice, the communes Barbona, Boara Pisani, Castelbaldo, Masi, Piacenza d'Adige, S. Urbano, Vescovana in the province of Padova and the area situated to the south of highway A4 in the province of Verona)), LV, LT (except the municipalities of Babtai and Kėdainiai (region of Kaunas)), P, SI (except the regions Gorenjska, Koroška, Maribor and Notranjska, and the communes of Lendava and Renče-Vogrsko (south from the highway H4)), SK (except the communes of Blahová, Čenkovce, Horné Mýto, Okoč, Topoľníky and Trhová Hradská (Dunajská Streda County), Hronovce and Hronské Kľačany (Levice County), Dvory nad Žitavou (Nové Zámky County), Málinec (Poltár County), Hrhov (Rožňava County), Veľké Ripňany (Topoľčany County), Kazimír, Luhyňa, Malý Horeš, Svätuše and Zatín (Trebišov County)), FI, UK (Northern Ireland, Isle of Man and Channel Islands).’ |
|
(b) |
In point 2 of part B, the text in the second column, protected zone(s), is replaced by the following: ‘E (except the autonomous communities of Aragon, Castilla la Mancha, Castilla y León, Extremadura, Murcia, Navarra and La Rioja, and the province of Guipuzcoa (Basque Country), the Comarcas de L'Alt Vinalopó and El Vinalopó Mitjà in the province of Alicante and the municipalities of Alborache and Turís in the province of Valencia (Comunidad Valenciana)), EE, F (Corsica), IRL (except Galway city), I (Abruzzo, Apulia, Basilicata, Calabria, Campania, Emilia-Romagna (the provinces of Parma and Piacenza), Lazio, Liguria, Lombardy (except the provinces of Mantua and Sondrio), Marche, Molise, Piedmont, Sardinia, Sicily, Tuscany, Umbria, Valle d'Aosta, Veneto (except the provinces of Rovigo and Venice, the communes Barbona, Boara Pisani, Castelbaldo, Masi, Piacenza d'Adige, S. Urbano, Vescovana in the province of Padova and the area situated to the south of highway A4 in the province of Verona)), LV, LT (except the municipalities of Babtai and Kėdainiai (region of Kaunas)), P, SI (except the regions Gorenjska, Koroška, Maribor and Notranjska, and the communes of Lendava and Renče-Vogrsko (south from the highway H4)), SK (except the communes of Blahová, Čenkovce, Horné Mýto, Okoč, Topoľníky and Trhová Hradská (Dunajská Streda County), Hronovce and Hronské Kľačany (Levice County), Dvory nad Žitavou (Nové Zámky County), Málinec (Poltár County), Hrhov (Rožňava County), Veľké Ripňany (Topoľčany County), Kazimír, Luhyňa, Malý Horeš, Svätuše and Zatín (Trebišov County)), FI, UK (Northern Ireland, Isle of Man and Channel Islands).’ |
(4)
Annex IV is amended as follows:|
(a) |
Section I of Part A is amended as follows:
|
|
(b) |
Section II of Part A is amended as follows:
|
|
(c) |
Part B is amended as follows:
|
(5)
Annex V is amended as follows:|
(a) |
Section II of Part A is amended as follows:
|
|
(b) |
In point 6(a) of Section I of Part B, the second indent is replaced by the following:
|
DECISIONS
|
26.6.2014 |
EN |
Official Journal of the European Union |
L 186/72 |
COUNCIL DECISION
of 20 June 2014
abrogating Decision 2010/283/EU on the existence of an excessive deficit in Belgium
(2014/393/EU)
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty on the Functioning of the European Union, and in particular Article 126(12) thereof,
Having regard to the recommendation from the European Commission,
Whereas:
|
(1) |
On 2 December 2009, following a recommendation from the Commission, the Council decided, in Decision 2010/283/EU (1), that an excessive deficit existed in Belgium. The Council noted that the general government deficit planned for 2009 was 5,9 % of GDP, thus above the 3 %-of-GDP Treaty reference value, while the general government gross debt was planned to reach 97,6 % of GDP in 2009, thus above the 60 %-of-GDP Treaty reference value. The general government deficit and debt for 2009 were subsequently revised to 5,6 % and 95,7 % of GDP, respectively. |
|
(2) |
On 2 December 2009, in accordance with Article 126(7) of the Treaty and Article 3(4) of Council Regulation (EC) No 1467/97 (2), the Council, based on a recommendation from the Commission, addressed a Recommendation to Belgium with a view to bringing the excessive deficit situation to an end by 2012 at the latest. That Recommendation was made public. |
|
(3) |
On 21 June 2013, on the basis of a Commission recommendation, the Council decided under Article 126(8) of the Treaty that Belgium had not taken effective action in compliance with Council Recommendation of 2 December 2009 to correct its excessive deficit by 2012, and decided under Article 126(9) of the Treaty to give notice to Belgium to put an end to the excessive deficit situation by 2013. Belgium was given the deadline of 15 September to report on the measures taken to comply with this decision in accordance with Article 5(1a) of Regulation (EC) No 1467/97. On 15 November 2013, the Commission concluded that Belgium had taken effective action and that no further steps in the excessive deficit procedure were needed at that moment. |
|
(4) |
In accordance with Article 4 of the Protocol on the excessive deficit procedure annexed to the Treaties, the Commission provides the data for the implementation of the procedure. As part of the application of that Protocol, Member States are to notify data on government deficits and debt and other associated variables twice a year, namely before 1 April and before 1 October, in accordance with Article 3 of Council Regulation (EC) No 479/2009 (3). |
|
(5) |
When considering whether a decision on the existence of an excessive deficit ought to be abrogated, the Council is to take a decision on the basis of notified data. Moreover, a decision on the existence of an excessive deficit should be abrogated only if the Commission forecasts indicate that the deficit will not exceed the 3 %-of-GDP Treaty reference value over the forecast horizon (4). |
|
(6) |
Based on data provided by the Commission (Eurostat) in accordance with Article 14 of Regulation (EC) No 479/2009, following the notification by Belgium before 1 April 2014, the 2014 Stability Programme, and the Commission services 2014 spring forecast, the following conclusions are justified:
|
|
(7) |
Starting from 2014, which is the year following the correction of the excessive deficit, Belgium is subject to the preventive arm of the Stability and Growth Pact and should progress towards its MTO at an appropriate pace, including respecting the expenditure benchmark, and make sufficient progress towards compliance with the debt criterion in accordance with Article 2(1a) of Regulation (EC) No 1467/97. |
|
(8) |
In accordance with Article 126(12) of the Treaty, a Council Decision on the existence of an excessive deficit is to be abrogated when the excessive deficit in the Member State concerned has, in the view of the Council, been corrected. |
|
(9) |
In the view of the Council, the excessive deficit in Belgium has been corrected and Decision 2010/283/EU should therefore be abrogated, |
HAS ADOPTED THIS DECISION:
Article 1
From an overall assessment it follows that the excessive deficit situation in Belgium has been corrected.
Article 2
Decision 2010/283/EU is hereby abrogated.
Article 3
This Decision is addressed to the Kingdom of Belgium.
Done at Luxembourg, 20 June 2014.
For the Council
The President
G. A. HARDOUVELIS
(1) Council Decision 2010/283/EU of 2 December 2009 on the existence of an excessive deficit in Belgium (OJ L 125, 21.5.2010, p. 34).
(2) Council Regulation (EC) No 1467/97 of 7 July 1997 on speeding up and clarifying the implementation of the excessive deficit procedure (OJ L 209, 2.8.1997, p. 6).
(3) Council Regulation (EC) No 479/2009 of 25 May 2009 on the application of the Protocol on the excessive deficit procedure annexed to the Treaty establishing the European Community (OJ L 145, 10.6.2009, p. 1).
(4) In line with the ‘Specifications on the implementation of the Stability and Growth Pact and Guidelines on the format and content of Stability and Convergence Programmes’ of 3 September 2012. See: http://ec.europa.eu/economy_finance/economic_governance/sgp/pdf/coc/code_of_conduct_en.pdf
(5) Council Decision 2013/370/EU of 21 June 2013 giving notice to Belgium to take measures for the deficit reduction judged necessary in order to remedy the situation of excessive deficit (OJ L 190, 11.7.2013, p. 87).
|
26.6.2014 |
EN |
Official Journal of the European Union |
L 186/75 |
COUNCIL DECISION
of 23 June 2014
on the position to be adopted by the European Union within the Association Council set up by the Agreement establishing an Association between the European Union and its Member States, on the one part, and Central America, on the other part, as regards the adoption of decisions in the Association Council on the Rules of Procedure of the Association Council and those of the Association Committee, on the Rules of Procedure governing Dispute Settlement under Title X and the Code of Conduct for members of panels and mediators, on the List of Panellists and on the List of Trade and Sustainable Development Experts
(2014/394/EU)
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty on the Functioning of the European Union, and in particular Article 217 in conjunction with Article 218(9) thereof,
Having regard to the proposal from the European Commission,
Whereas:
|
(1) |
On 23 April 2007, the Council authorised the Commission to negotiate an Association Agreement on behalf of the European Union and its Member States with Central America. The negotiating directives were amended on 10 March 2010 to include Panama in the negotiation process. |
|
(2) |
The negotiations were concluded at the EU-Latin American and Caribbean Summit in Madrid in May 2010. |
|
(3) |
The Agreement establishing an Association between the European Union and its Member States, on the one part, and Central America, on the other part (1) (‘the Agreement’) was initialled on 22 March 2011 and signed on 29 June 2012. |
|
(4) |
Pursuant to Article 353(4) of the Agreement, the Agreement has been provisionally applied since 1 August 2013 with Nicaragua, Honduras and Panama, since 1 October 2013 with El Salvador and Costa Rica and since 1 December 2013 with Guatemala. |
|
(5) |
Article 4 of the Agreement establishes an Association Council, which is to oversee the fulfilment of the objectives of the Agreement and supervise its implementation. |
|
(6) |
Article 6 of the Agreement stipulates that the Association Council is to have the power to take decisions in the cases provided for in this Agreement in order to attain the objectives of this Agreement. |
|
(7) |
Article 5(2) of the Agreement stipulates that the Association Council is to adopt its own Rules of Procedure. |
|
(8) |
Article 7(3) of the Agreement stipulates that the Association Council is to adopt the Rules of Procedure of the Association Committee. |
|
(9) |
Article 8(6) of the Agreement stipulates that the Association Council is to adopt the Rules of Procedure of the Subcommittees. |
|
(10) |
Article 297(2) stipulates that the Association Council is to endorse a list of seventeen experts with expertise in environmental law, international trade or the resolution of disputes arising under international agreements and a list of seventeen experts with expertise in labour law, international trade or the resolution of disputes arising under international agreements. |
|
(11) |
Article 325(1) stipulates that the Association Council is to establish a list of thirty six individuals who are willing and able to serve as panellists in the meaning of Title X of the Agreement on Dispute Settlement. |
|
(12) |
Article 328(1) stipulates that the Association Council is to adopt rules of procedure as well as a code of conduct, governing Dispute Settlement under Title X of the Agreement. |
|
(13) |
The Union should determine the position to be adopted as regards the adoption of the Rules of Procedure of the Association Council and those of the Association Committee, the Rules of Procedure governing Dispute Settlement under Title X of the Agreement and the Code of Conduct for members of panels and mediators, the list of panellists as well as the list of Trade and Sustainable Development experts, |
HAS ADOPTED THIS DECISION:
Article 1
The position to be adopted by the European Union within the Association Council, set up by the Agreement establishing an Association between the European Union and its Member States, on the one part, and Central America, on the other part, as regards the adoption of the Rules of Procedure of the Association Council and those of the Association Committee, the Rules of Procedure governing Dispute Settlement under Title X and the Code of Conduct for members of panels and mediators, the list of panellists as well as the list of Trade and Sustainable Development experts shall be based on the draft decisions of the Association Council annexed to this Decision.
Minor technical corrections to the draft Association Council decisions may be agreed to by the representatives of the Union in the Association Council without further decision of the Council.
Article 2
After their adoption, the decisions of the Association Council shall be published in the Official Journal of the European Union.
Article 3
This Decision shall enter into force on the date of its adoption.
Done at Luxembourg, 23 June 2014.
For the Council
The President
C. ASHTON
DRAFT
DECISION No 1/2014 OF THE EU-CENTRAL AMERICA ASSOCIATION COUNCIL
of … 2014
adopting its Rules of Procedure and those of the Association Committee
THE EU-CENTRAL AMERICA ASSOCIATION COUNCIL,
Having regard to the Agreement establishing an Association between the European Union and its Member States, on the one part, and Central America, on the other, (‘the Agreement’) and in particular Article 4, 5(2), 7(3) and 8(6), thereof,
Whereas:
|
(1) |
Pursuant to Article 353(4), Part IV of the Agreement concerning trade matters has been applied since 1 August 2013 with Nicaragua, Honduras and Panama, since 1 October 2013 with El Salvador and Costa Rica and since 1 December 2013 with Guatemala. |
|
(2) |
In order to contribute to the effective implementation of the Agreement, its institutional framework should be established as soon as possible. |
|
(3) |
Save as otherwise specified in the Agreement, it is for the Association Council to supervise the implementation of the Agreement and to establish its own rules of procedure as well as those of the Association Committee and Sub Committees, |
HAS ADOPTED THIS DECISION:
Sole Article
The Rules of Procedure of the Association Council and those of the Association Committee and the Sub-Committees, as set out in Annexes A and B respectively, are hereby adopted.
This decision shall enter into force on the date of its adoption,
Done at …, 2014.
For the Association Council
For the Republics of the CA Party
For the EU Party
ANNEX A
Rules of Procedure of the Association Council
Article 1
General provisions
1. The Association Council that is established in accordance with Article 4(1) of the Agreement establishing an Association between the European Union and its Member States, of the one hand, and Central America, of the other (‘Agreement’) shall perform its duties as provided for in Article 4(2) of the Agreement and take responsibility for general implementation of the Agreement, as well as any other bilateral, multilateral or international question of common interest.
2. As provided for in Articles 5 and 345 of the Agreement, the Association Council shall be composed of representatives of the EU Party and representatives of each of the Republics of the CA Party, at ministerial level as appropriate and taking into consideration the specific issues to be addressed at any given session. Where appropriate and agreed by both parties, the Association Council shall meet at Head of State or Government level.
3. Pursuant to Article 345 of the Agreement, when the Association Council performs exclusively or principally the tasks conferred upon it in Part IV of the Agreement, it shall be composed of representatives of the EU Party and the Ministers of each of the Republics of the CA Party with responsibility for trade-related matters.
4. As provided for in Article 352(3) of the Agreement, the Republics of the CA Party shall act collectively in the decision making within the institutional framework of the Agreement; the adoption of decisions and recommendations shall require their consensus.
5. Reference to the Parties in these Rules of Procedure is in accordance with the definition provided for in Article 352 of the Agreement.
Article 2
Chairmanship
The Association Council shall be chaired alternately for periods of 12 months by the High Representative of the Union for Foreign Affairs and Security Policy and a representative at ministerial level of the CA Party. The first period shall begin on the date of the first Association Council meeting and end on 31 December of the same year.
Article 3
Meetings
1. The Association Council shall meet regularly at a period not exceeding two years. Special sessions of the Association Council may be held if the Parties so agree, at the request of a Party.
2. Each session of the Association Council shall be held where appropriate and at a date agreed by the Parties.
3. The meetings of the Association Council shall be jointly convened by the Secretaries of the Association Council, in agreement with the Chair of the Association Council.
4. By way of exception, and if the Parties agree, the meetings of the Association Council may be held by technological means, such as video-conference.
Article 4
Representation
1. The members of the Association Council may be represented if unable to attend. If a member wishes to be so represented, he or she must notify in writing to the Chair, of the name of his or her representative before the meeting at which he or she is to be so represented.
2. The representative of a member of the Association Council shall exercise all the rights of that member.
Article 5
Delegations
1. The members of the Association Council may be accompanied by officials. Before each meeting, the Chairman shall be informed, through the Secretariat, of the intended composition of the delegation of each Party.
2. The Association Council may, by agreement between the Parties, invite non-members to attend its meetings as observers or in order to provide information on particular subjects.
Article 6
Secretariat
An official of the General Secretariat of the Council of the European Union and an official of the CA Party shall act jointly as Secretaries of the Association Council.
Article 7
Correspondence
1. Correspondence addressed to the Association Council shall be directed to the Secretary of either the EU Party or of the Republics of the CA Party, which in turn will inform the other Secretary.
2. The Secretariat shall ensure that correspondence is forwarded to the Chair and, where appropriate, circulated to the other members of the Association Council.
3. The Secretariat shall send the correspondence to the General Secretariat of the European Commission, the European External Action Service, the Permanent Representations of the Member States and to the General Secretariat of the Council of the European Union, as well as to the Embassies of the Republics of the CA Party established in Brussels, Belgium, with copy, as applicable, to the ministries responsible for foreign affairs or the ministries responsible for trade-related matters.
4. Communications from the Chair of the Association Council shall be sent to the addressees by the Secretariat and circulated, where appropriate, to the other members of the Association Council at the addresses indicated in the third paragraph.
Article 8
Confidentiality
1. Unless otherwise decided, the meetings of the Association Council shall not be public.
2. When a Party submits to the Association Council information designated as confidential, the other Party shall treat that information in accordance with the procedure described in Article 336(2) of the Agreement.
3. Each Party may decide on the publication of the decisions and recommendations of the Association Council in its respective official publication.
Article 9
Agendas for the meetings
1. The Chair shall draw up a provisional agenda for each meeting. It shall be dispatched by the Secretaries of the Association Council to the addressees referred to in Article 7 not later than 15 calendar days before the beginning of the meeting.
The provisional agenda shall include the items in respect of which the Chair has received a request for inclusion in the agenda not later than 21 calendar days before the beginning of the meeting, save that such items shall not be written into the provisional agenda the supporting documentation for which has not been forwarded to the Secretaries not later than the date of dispatch of the agenda.
2. The agenda shall be adopted by the Association Council at the beginning of each meeting. An item other than those appearing on the provisional agenda may be placed on the agenda if the Parties so agree.
3. The Chair may reduce, in consultation with the Parties, the time periods specified in paragraph 1 in order to take account of the requirements of a particular case.
Article 10
Minutes
1. Draft minutes of each meeting shall be drawn up jointly by the two Secretaries.
2. The minutes shall, as a general rule, indicate in respect of each item on the agenda:
|
(a) |
the documentation submitted to the Association Council; |
|
(b) |
statements which a member of the Association Council has asked to be entered; and |
|
(c) |
issues agreed to by the Parties, such as decisions adopted, the statements agreed upon and any conclusions, among others. |
3. The draft minutes shall be submitted to the Association Council for approval. They shall be approved within 45 calendar days after each Association Council meeting. Once approved, the minutes shall be signed by the Chair and the two Secretaries. A certified true copy shall be forwarded to each of the addressees referred to in Article 7.
Article 11
Decisions and recommendations
1. The Association Council shall take decisions and make recommendations by mutual agreement between the Parties, which shall be signed by the Republics of the CA Party and the EU Party.
2. The Association Council may also take decisions or make recommendations by written procedure if the Parties so agree. For this purpose, the text of the proposal shall be circulated in writing by the Chair of the Association Council to its members pursuant to Article 7, with a time limit of no less than 21 calendar days within which members must make known any reservations or amendments they wish to make. Once the text is agreed to, the decision or recommendation shall be signed independently and successively by the representatives of the EU Party and each of the Republics of the CA Party.
3. The acts of the Association Council shall be entitled ‘Decision’ or ‘Recommendation’ respectively within the meaning of Article 6 of the Agreement. The Secretariat of the Association Council shall give any decision or recommendation a serial number, the date of adoption and a description of their subject-matter. Each decision shall provide for the date of its entry into force and shall be signed by the Republics of the CA Party and the EU Party.
4. The decisions and recommendations of the Association Council shall be authenticated by the two Secretaries.
5. The decisions and recommendations shall be forwarded to each of the addressees referred to in Article 7 of these rules of Procedure.
6. Each Party may decide to order publication of the decisions and recommendations of the Association Council in its respective official publication.
Article 12
Languages
1. The official languages of the Association Council shall be Spanish and another of the authentic languages of the Agreement agreed by the Parties.
2. Unless otherwise decided, the Association Council shall base its deliberations on documentation prepared in those languages.
Article 13
Expenses
1. Each Party shall meet any expenses it incurs as a result of participating in the meetings of the Association Council, both with regard to staff, travel and subsistence expenditure and with regard to postal and telecommunications expenditure.
2. Expenditure in connection with the organisation of meetings and reproduction of documents shall be borne by the Party hosting the meeting.
3. Expenditure in connection with interpreting at meetings and translation of documents into or from Spanish and the other official language of the Association Council as referred to in Article 12(1) of these Rules of Procedure shall be borne by the Party hosting the meeting. Interpreting and translation into or from other languages shall be borne directly by the requesting Party.
Article 14
Association Committee
1. In accordance with Article 7 of the Agreement, the Association Council shall be assisted in carrying out its duties by the Association Committee. The Committee shall be composed of representatives of the EU Party, on the one hand, and of representatives of the CA Party, on the other hand, at the level determined by the Agreement.
2. The Association Committee shall prepare the meetings and the deliberations of the Association Council (1), implement the decisions of the Association Council where appropriate and, in general, ensure continuity of the association relationship and the proper functioning of the Agreement. It shall consider any matter referred to it by the Association Council as well as any other matter which may arise in the course of the day-to-day implementation of the Agreement. It shall submit proposals or any draft decisions/recommendations to the Association Council for its approval. In accordance with Article 7(4) of the Agreement, the Association Council may empower the Association Committee to take decisions on its behalf.
3. In cases where the Agreement refers to an obligation to consult or a possibility of consultation or where the Parties decide by mutual agreement to consult each other, such consultation may take place within the Association Committee, except as otherwise specified in the Agreement. The consultation may continue in the Association Council if the two Parties so agree.
Article 15
Amendment of Rules of Procedure
These Rules of Procedure may be amended in accordance with the provisions of Article 11.
(1) Regarding Part IV of the Agreement, this function shall be complied by the Association Committee in close coordination with the Coordinators designated in accordance with Article 347 of the Agreement.
ANNEX B
Rules of Procedure of the Association Committee and Sub-Committees
Article 1
General provisions
1. The Association Committee that is established in accordance with Article 7 of the Agreement establishing an Association between the European Union and its Member States, on the one hand, and Central America, on the other, (‘the Agreement’) shall perform its duties as provided for in the Agreement and take responsibility for the general implementation of the Agreement.
2. As provided for in Articles 7(1) and 346 of the Agreement, the Association Committee shall be composed of representatives of the EU Party and representatives of each of the Republics of the CA Party, at senior official level, which have competence over the specific issues to be addressed at any given session.
3. Pursuant to Article 346 of the Agreement, when the Association Committee performs the tasks conferred upon it in Part IV of the Agreement, it shall be composed of senior officials of the European Commission and of each of the Republics of the CA Party having responsibility for trade-related matters. A representative of the Party chairing the Association Committee shall act as chairperson.
4. As provided for in Article 352(3) of the Agreement, the Republics of the CA Party shall act collectively in the decision making in the institutional framework of the Agreement; the adoption of decisions and recommendations shall require their consensus.
5. Reference to the Parties in these Rules of Procedure is in accordance with the definition provided for in Article 352 of the Agreement.
Article 2
Chairmanship
The EU Party and the CA Party shall hold the Chair of the Association Committee, alternately, for a period of 12 months. The Chair shall be a Member of the Association Committee. The first period shall begin on the date of the first Association Committee meeting and end on 31 December of the same year.
Article 3
Meetings
1. Save as otherwise agreed by the Parties, the Association Committee shall meet regularly, at least once a year. Special sessions of the Association Committee may be held if the Parties so agree, at the request of a Party.
2. Each meeting of the Association Committee shall be convened by the Chair at a date and place agreed by the Parties. The convening notice of the meeting shall be issued by the Secretariat of the Association Committee to the Members no later than 28 calendar days prior to the start of the session, unless the Parties agree otherwise.
3. Whenever it is possible, the regular meeting of the Association Committee shall be convened in due time in advance of the regular meeting of the Association Council.
4. By way of exception and if the Parties agree, the meetings of the Association Committee may be held by any agreed technological means.
Article 4
Representation
1. Each Party shall notify to the other Parties the list of its representatives in the Association Committee (‘Members’) for the different issues to be addressed. The list shall be administered by the Secretariat of the Association Committee.
2. A Member wishing to be represented by an alternate representative for a particular meeting shall notify in writing to the other Parties of the Association Committee of the name of his or her alternate representative before that meeting takes place. The alternate representative of a Member shall exercise all the rights of that Member.
Article 5
Delegations
The Members of the Association Committee may be accompanied by other officials. Before each meeting, the Parties shall be informed, through the Secretariat, of the intended composition of the delegations attending the meeting.
Article 6
Secretariat
An official of the EU Party and an official of a Republic of the CA Party, who shall rotate in accordance with guidelines established to that effect by the Republics of the CA Party, shall act jointly as Secretaries of the Association Committee.
Article 7
Correspondence
1. Correspondence addressed to the Association Committee shall be directed to the Secretary of either the EU Party or of the Republic of the CA Party, which in turn will inform the other Secretary.
2. The Secretariat shall ensure that correspondence addressed to the Association Committee is forwarded to the Chair of the Committee and circulated, where appropriate, as documents referred to in Article 8 of these Rules of Procedure.
3. Correspondence from the Chair of the Association Committee shall be sent to the Parties by the Secretariat and circulated, where appropriate, as documents referred to in Article 8 of these Rules of Procedure.
Article 8
Documents
1. Where the deliberations of the Association Committee are based on written supporting documents, such documents shall be numbered and circulated by the Secretariat to the Members.
2. Each Secretary shall be responsible for circulating the documents to the appropriate Members of his or her side in the Association Committee and systematically copying the other Secretary.
Article 9
Confidentiality
1. Unless otherwise decided, the meetings of the Association Committee shall not be public.
2. When a Party submits to the Association Committee, Sub-Committees, Working Groups or any other bodies, information designated as confidential, the other Party shall treat that information in accordance with the procedure described in Article 336(2) of the Agreement.
3. Each Party may decide on the publication of the decisions and recommendations of the Association Committee in its respective official publication.
Article 10
Agendas for the Meetings
1. A provisional agenda for each meeting shall be drawn up by the Secretariat of the Association Committee on the basis of proposals made by the Parties. It shall be forwarded, together with the relevant documents, to the Chair of the Association Committee and its Members no later than 15 calendar days before the beginning of the meeting as documents referred to in Article 8 of these Rules of Procedure.
2. The provisional agenda shall include items in respect of which the Secretariat of the Association Committee has received a request for inclusion in the agenda by a Party, together with the relevant documents, no later than 21 calendar days before the beginning of the meeting.
3. The agenda shall be adopted by the Association Committee at the beginning of each meeting. Items other than those appearing on the provisional agenda may be placed on the agenda if the Parties so agree.
4. The Chairperson of the session of the Association Committee may, upon agreement, invite observers on an ad-hoc basis to attend its meetings or experts in order to provide information on specific subjects.
5. The Chairperson of the session of the Association Committee may reduce, in consultation with the Parties, the time periods specified in paragraphs 1 and 2 in order to take account of the requirements of a particular case.
Article 11
Minutes
1. Draft minutes of each meeting shall be drawn up jointly by the two Secretaries, normally within 21 calendar days from the end of the meeting.
2. The minutes shall, as a general rule, indicate in respect of each item on the agenda:
|
(a) |
the documentation submitted to the Association Committee; |
|
(b) |
statements which a Member of the Association Committee has asked to be entered; and |
|
(c) |
issues agreed to by the Parties, such as decisions adopted, recommendations made, statements agreed upon and any conclusions on specific items, among others. |
3. The minutes shall also include a list of Members or their alternate representatives who took part in the meeting, a list of the Members of the delegations accompanying them and a list of any observers or experts to the meeting.
4. The minutes shall be approved in writing by all Parties within 28 calendar days of the date of the meeting. Once approved, the minutes shall be signed by the Chair and the two Secretaries of the Association Committee. A certified true copy shall be forwarded to each of the Parties.
5. Unless otherwise agreed, the Association Committee shall adopt an action plan reflecting the actions agreed during the meeting and its implementation shall be reviewed in the following meeting.
Article 12
Decisions and recommendations
1. In the specific cases where the Agreement confers the power to take decisions or where such power has been delegated to it by the Association Council, the Association Committee shall take decisions and make recommendations by mutual agreement between the Parties, which shall be signed by the Republics of the CA Party and the EU Party during its meetings.
2. The Association Committee may take decisions or make recommendations by written procedure if the Parties so agree. For this purpose, the text of the proposal shall be circulated in writing by the Chair of the Association Committee to its Members pursuant to Article 8, with a time limit of no less than 21 calendar days within which Members must make known any reservations or amendments they wish to make. Once the text is agreed to, the decision or recommendation shall be signed independently and successively by the representatives of the EU Party and each of the Republics of the CA Party.
3. The acts of the Association Committee shall be entitled ‘Decision’ or ‘Recommendation’ respectively. The Secretariat of the Association Committee shall give any decision or recommendation a serial number, the date of adoption and a description of their subject-matter. Each decision shall provide for the date of its entry into force and shall be signed by the Republics of the CA Party and the EU Party.
Article 13
Reports
The Association Committee shall report to the Association Council on its activities and those of its Sub Committees, Working Groups and other bodies at each regular meeting of the Association Council.
Article 14
Languages
1. The official languages of the Association Committee shall be Spanish and another of the authentic languages of the Agreement agreed by the Parties.
2. Unless otherwise decided, the Association Committee shall base its deliberations on documentation prepared in those languages.
Article 15
Expenses
1. Each Party shall meet any expenses it incurs as a result of participating in the meetings of the Association Committee, both with regard to staff, travel and subsistence expenditure and with regard to postal and telecommunications expenditure.
2. Expenditure in connection with the organisation of meetings and reproduction of documents shall be borne by the Party hosting the meeting.
3. Expenditure in connection with interpreting at meetings and translation of documents into or from Spanish and the other official language of the Association Committee as referred to in Article 14(1) of these Rules of Procedure shall be borne by the Party hosting the meeting. Interpreting and translation into or from other languages shall be borne directly by the requesting Party.
Article 16
Amendment of Rules of Procedure
These Rules of Procedure may be amended in accordance with the provisions of Article 12.
Article 17
Sub-Committees and specialised Working Groups
1. In accordance with Article 8(2) of the Agreement, the Association Committee may decide to create Sub-Committees or specialised Working Groups other than provided for in the Agreement to assist it in the performance of its duties. The Association Committee may decide to abolish any such Sub-Committee or Working Group, define or amend their terms of reference. Unless otherwise decided, these sub-committees shall work under the authority of the Association Committee, to which they shall report after each of their meetings.
2. Unless otherwise provided for by the Agreement or agreed in the Association Council, the present rules of procedures shall be applied mutatis mutandis to any Sub-Committee or specialized Working Group, with the following adaptations:
|
(a) |
each Party shall notify in writing to the other Parties the list of its participants in these bodies and their respective functions. The Secretariat of the Association Committee shall administer these lists. |
|
(b) |
all relevant correspondences, documents and communications between the contact points shall also be forwarded to the Secretariat of the Association Committee simultaneously. |
|
(c) |
unless otherwise provided for in the Agreement or agreed by the Parties, the Sub-Committees or Working Groups shall only have the power to make recommendations. |
DRAFT
DECISION No 2/2014 OF THE EU-CENTRAL AMERICA ASSOCIATION COUNCIL
of … 2014
adopting the Rules of Procedure governing Dispute Settlement under Title X and the Code of Conduct for members of panels and mediators
THE EU-CENTRAL AMERICA ASSOCIATION COUNCIL,
Having regard to the Agreement establishing an Association between the European Union and its Member States, on the one hand, and Central America, on the other, (‘the Agreement’) and in particular Articles 6(1), 319, 325, and 328, thereof,
Whereas:
|
(1) |
Pursuant to Article 6(1), the Association Council has the power to take decisions in the cases provided for in the Agreement. |
|
(2) |
Pursuant to Article 328(1), during its first meeting, the Association Council shall adopt rules of procedure as well as a code of conduct, governing dispute settlement under Title X of the Agreement, |
HAS ADOPTED THIS DECISION:
Sole Article
The Rules of Procedure governing the Dispute Settlement under Title X of the Agreement and the Code of Conduct Code for members of panels and mediators, as set out in Annexes A and B respectively, are hereby adopted.
This decision shall enter into force on the date of its adoption.
Done at …,
For the Association Council
For the Republics of the CA Party
For the EU Party
ANNEX A
Rules of Procedure governing the Dispute Settlement Procedures under Title X of the Agreement
GENERAL PROVISIONS
|
1. |
Any reference made in these Rules to an Article or Title is a reference to either the appropriate Article in the Agreement, or the Title X on Dispute Settlement of the Agreement in its entirety. |
|
2. |
For purposes of the Title and under these Rules, the following terms shall be understood as:
|
|
3. |
The Party complained against shall be in charge of the logistical administration of dispute settlement proceedings, in particular the organization of hearings, unless otherwise agreed. However, disputing Parties shall share the expenses derived from organizational matters, including the expenses of the panellists as well as related translation. |
SUBMISSION OF DOCUMENTS, NOTIFICATIONS AND OTHER COMMUNICATIONS
|
4. |
The disputing Parties and the Panel shall transmit any request, notice, written submission or other document by delivery against receipt, registered post, courier, facsimile transmission, telex, telegram, e-mail, web links or any other means of telecommunication that provides a record of the dispatch or receipt thereof. With regard to the Party submitting the document, the date of delivery shall be the date indicated in the record of dispatch. With regard to the Party receiving the document, the delivery date will be the date indicated in the record of receipt of the document. The time that elapses between the date of delivery of the document and the effective receipt thereof shall not be considered in the calculation of the procedural time periods (2). |
|
5. |
A disputing Party shall simultaneously provide a copy of each of its written submissions to the other disputing Party at the office indicated in Rule 67 and to each of the panellists. A copy of the document shall also be provided in electronic format. Similarly, the disputing Parties and the Panel where indicated in the Title shall provide a copy of the submissions to the Association Committee. |
|
6. |
All notifications made by the Panel shall be addressed to the relevant offices of the Parties to the procedure. |
|
7. |
Minor errors of a clerical nature in any request, notice, written submission or other document related to the Panel proceeding may be corrected by delivery of a new document clearly indicating the changes. |
|
8. |
If the last day for delivery of a document falls on a legal holiday of a Party to the procedure, or if the relevant office is closed on that day due to force majeure, the document may be delivered on the next business day for that Party. |
COMMENCING THE PANEL PROCEDURE
|
9. |
Once a member of the Panel is appointed in accordance with Article 312, the appointed panellist shall have 10 days to accept such appointment. The acceptance by the panellist must be accompanied by the Initial Declaration established in the Code of Conduct. |
|
10. |
Unless the disputing Parties otherwise agree, individuals who have acted in the capacity of mediator or any other dispute resolution function may not serve as panellists in a subsequent dispute related to the same subject matter. |
|
11. |
Unless the disputing Parties agree otherwise, they shall communicate with or meet the Panel within 7 days of its establishment according to Article 312 paragraph 6 in order to determine such matters that the disputing Parties or the Panel deem appropriate, including but not limited to the remuneration and expenses to be paid to the panellists and other individuals as established pursuant to Rules 63, 64 and 65. |
INITIAL SUBMISSIONS
|
12. |
The complaining Party shall deliver its initial written submission no later than 20 days after the date of establishment of the Panel. The Party complained against shall deliver its written counter-submission no later than 20 days after the date of delivery of the initial written submission. |
WORKING OF PANELS
|
13. |
The Panel shall establish its working schedule allowing the disputing Parties adequate time to comply with all steps of the proceedings. The working schedule shall establish precise dates and time periods for the submission of all relevant communications, submissions and other documents as well as for any Panel hearings. The Panel may modify, subject to Rule 19, the working schedule by its own initiative or after consultation with the Parties, and shall in any event promptly notify the disputing Parties of any modifications to the working schedule. |
|
14. |
The chairperson of the Panel shall preside at all its meetings. A Panel may delegate to the chairperson authority to make administrative and procedural decisions. |
|
15. |
The Panel may conduct its activities by any means, including telephone, facsimile transmissions, registered mail, courier, telex, telegram, e-mail, videoconference or web links, unless otherwise provided for in Part IV of the Agreement or elsewhere. When deciding which means to use, the Panel shall ensure that the means do not diminish a Party's right to fully and effectively participate in the proceedings. |
|
16. |
Only panellists may take part in the deliberations of the Panel. However, the Panel may permit its assistants, interpreters or translators to be present at its deliberations. |
|
17. |
The adoption of any procedural decision, including the Panel ruling on the subject matter, shall remain the exclusive responsibility of the Panel and must not be delegated. |
|
18. |
Where a procedural question arises that is not covered by the provisions of the Title or in these Rules, a Panel may adopt for that particular dispute any appropriate procedure compatible with those provisions. |
|
19. |
When the Panel considers that there is a need to modify any time period applicable in the proceedings or to make any other procedural or administrative adjustment, it shall inform the disputing Parties in writing of the reasons for the change or adjustment and of the period or adjustment needed. The time periods of Article 317 paragraph 3 shall not be modified, unless exceptional circumstances apply. |
REPLACEMENT
|
20. |
If a panellist is unable to participate in the proceeding, withdraws, or must be replaced, a replacement shall be selected in accordance with Article 312. |
|
21. |
Where a disputing Party considers that a panellist is in violation of the Code of Conduct or does not fulfil the requirements set out in Article 325 and for this reason should be replaced, this Party may request the removal of the panellist by notifying the other disputing Party within 10 days from the time at which it came to know of the circumstances underlying the panellist's material violation of the Code of Conduct. |
|
22. |
Where a disputing Party considers that a panellist other than the chairperson is in violation of the Code of Conduct, the disputing Parties shall, within 10 days, consult and, if they so agree, replace the panellist and select a replacement in accordance with Article 312.
If the disputing Parties fail to agree on the need to replace a panellist, any disputing Party may request that such matter be referred to the chairperson of the Panel, whose decision shall be final. If the chairperson concludes that a panellist is in violation of the Code of Conduct, a replacement shall be selected. The selection of the replacement shall be carried out in accordance with the relevant paragraph of Article 312, based on which the panellist to be replaced was initially selected. Absent selection of a replacement in accordance with the relevant paragraph of Article 312 within 10 days from the chairperson's communication to the Parties regarding a panellist's violation of the Code of Conduct, the chairperson shall select the new panellist. This selection shall take place within 5 days and shall be promptly communicated to the disputing Parties. |
|
23. |
Where a disputing Party considers that the chairperson of the Panel is in violation of the Code of Conduct, the Parties shall, within 10 days, consult and, if they so agree, replace the chairperson and select a replacement in accordance with Article 312.
If the disputing Parties fail to agree on the need to replace the chairperson, any disputing Party may request that such matter be referred to one of the remaining individuals selected to act as chairpersons under Article 325 paragraph 1 of the Title. His or her name shall be drawn by lot, no later than 5 days from the date of the request, in the presence of the Parties if they so choose, by the chairperson of the Association Committee or the chairperson's delegate. The decision on the need to replace the chairperson shall be final. If this person concludes that the original chairperson is in violation of the Code of Conduct, he or she shall select a new chairperson by lot among the remaining pool of individuals referred to under Article 325 paragraph 1 of the Title. This selection shall be done in the presence of the disputing Parties if they so choose and shall take place within 5 days from the date of the lot referred to in the previous paragraph. |
|
24. |
Any panellist believed to be in violation of the Code of Conduct may also resign, without this resignation implying an acceptance of the validity of the grounds that formed the basis of the replacement request. |
|
25. |
On appointing the replacement, the Panel shall decide at its entire discretion, if all or part of the hearings shall be repeated. |
|
26. |
The Panel proceedings shall be suspended for the period taken to carry out the procedures provided for in Rules 20, 21, 22, 23 and 24. |
HEARINGS
|
27. |
The chairperson shall fix the date, venue and time of the hearing in consultation (3) with the disputing Parties and the other members of the Panel, and shall notify this in writing to the disputing Parties. This information shall also be made publicly available by the disputing Party in charge of the logistical administration of the proceedings unless the hearing is closed to the public. Unless the disputing Parties disagree, the Panel may decide not to convene a hearing. |
|
28. |
Unless the disputing Parties agree otherwise, the hearing shall be held in Brussels if the Party complained against is the European Union or in the relevant Central American capital if the Party complained against is a Republic of the CA Party. |
|
29. |
The Panel may convene additional hearings if the disputing Parties so agree. |
|
30. |
All panellists shall be present during the entirety of any hearing so as to ensure the effective resolution of the dispute and the validity of the Panel's actions, decisions and rulings. |
|
31. |
The following persons may attend the hearing, irrespective of whether the hearing is closed to the public or not:
Only the representatives and advisers of the disputing Parties may address the Panel. |
|
32. |
No later than 5 days before the date of a hearing, each disputing Party shall deliver to the Panel a list of the names of persons who will make oral arguments or presentations at the hearing on behalf of that Party and of other representatives or advisers who will be attending the hearing. The disputing Parties shall not include in their delegations, persons that directly or indirectly possess a financial or personal interest in the matter. The disputing Parties may object the presence of any of the aforementioned persons, stating the reasons for said objection. The objection shall be decided by the Panel at the beginning of the hearing. |
|
33. |
The hearings of the panels shall be open to the public, unless the disputing Parties decide that the hearings shall be partially or completely closed to the public. However, the Panel shall meet in closed session when the submission and arguments of a disputing Party contains confidential information, including but not limited to commercial information. |
|
34. |
The Panel shall conduct the hearing in the following manner, ensuring that the complaining Party and the Party complained against are afforded equal time:
Argument
Rebuttal Argument
|
|
35. |
The Panel may direct questions to either disputing Party at any time during the hearing. |
|
36. |
The Panel shall arrange for a transcript of each hearing to be promptly prepared and communicated to the disputing Parties. |
|
37. |
Each disputing Party may deliver a supplementary written submission concerning any matter that arose during the hearing within 10 days of the final date of the hearing. |
QUESTIONS IN WRITING
|
38. |
The Panel may at any time during the proceedings address questions in writing to one or both Parties. Each of the disputing Parties shall receive a copy of any questions from the Panel. |
|
39. |
A disputing Party shall simultaneously provide a copy of its written response to the Panel's questions to the other disputing Party. Each disputing Party shall be given the opportunity to provide written comments on the other disputing Party's reply within 5 days of the date of delivery. |
EVIDENCE
|
40. |
The disputing Parties shall, to the furthest possible extent, present evidence with the initial written submission and the written counter submission in support of the arguments made therein. The disputing Parties may also submit additional evidence in support of the arguments made in their rebuttal and surrebuttal submissions. Exceptionally, the disputing Parties may submit additional evidence where such evidence has only become available or come to the attention of a disputing Party after the exchange of written submissions or where the Panel considers such evidence pertinent and provides the other disputing Party an opportunity to comment on it. |
CONFIDENTIALITY
|
41. |
The disputing Parties and their advisers shall maintain the confidentiality of the Panel hearings where the hearings are held in a fully or partially closed session, in accordance with Rule 33. Each disputing Party and its advisers shall treat as confidential any information submitted by the other disputing Party to the Panel which that disputing Party has designated as confidential. Where a disputing Party submits a confidential version of its written submissions to the Panel, it shall also, upon request of the other disputing Party, provide a non-confidential summary of the information contained in its submissions that could be disclosed to the public no later than 15 days after the date of either the request or the submission, whichever is later. Nothing in these Rules shall preclude a Party from disclosing statements of its own positions to the public to the extent that they do not contain confidential commercial information. |
EX PARTE CONTACTS
|
42. |
The Panel shall not meet or contact a disputing Party in the absence of the other Party. |
|
43. |
No member of the Panel may discuss any aspect of the subject matter of the proceedings with one disputing Party or both Parties in the absence of the other panellists. |
INFORMATION AND TECHNICAL ADVICE
|
44. |
When requesting information and technical advice pursuant to Article 320 paragraph 2, the Panel shall request such information and technical advice at the earliest possible point in time and in any event not later than 15 days from the date of the final hearing, unless the Panel demonstrates that exceptional circumstances apply. |
|
45. |
Prior to requesting information or technical advice, the Panel shall establish and notify to the disputing Parties the procedures it will follow in order to obtain the information. Such procedures shall include:
|
|
46. |
The Panel may not select as technical advisor, an individual with a financial or personal interest in the matter of the proceeding, or whose employer, partner, associate or relative has a similar interest. In any case, the requirements established in Article 325 paragraph 2 shall apply to the selection of experts, bodies or other sources. |
|
47. |
When a request is made for information and technical advice pursuant to Article 320 paragraph 2, the Panel shall consider whether to suspend time periods pending receipt of said information. |
AMICUS CURIAE BRIEFS
|
48. |
Unless the disputing Parties agree otherwise, the Panel may receive Amicus Curiae briefs from interested natural or legal persons, established in the territory of the disputing Parties, as long as they are presented within 10 days from the date of establishment of the Panel. |
|
49. |
The briefs must:
|
|
50. |
The briefs shall be accompanied by a written declaration clearly indicating:
|
|
51. |
The briefs shall be addressed to the chairperson of the Panel in the languages established in Rule 49. |
|
52. |
The Panel shall not consider Amicus Curiae briefs which do not conform to the above rules. |
|
53. |
The Panel shall list in the ruling on the subject matter all Amicus Curiae briefs that it has received and which conform to the above rules. The Panel shall not be obliged to address in its ruling on the subject matter, the factual or legal arguments made in such submissions. Any submission received by the Panel under these Rules shall be communicated to the disputing Parties for their possible comments. |
URGENT CASES
|
54. |
In cases of urgency referred to in Article 313 paragraph 3, the Panel shall adjust the time periods referred to in these Rules as appropriate. |
LANGUAGE OF PROCEEDINGS, TRANSLATION AND INTERPRETATION
|
55. |
During the consultations referred to in Article 310 and no later than the meeting referred to in Rule 11, the disputing Parties shall endeavour to agree on a working language or languages for the proceedings before the Panel, being English, Spanish or both. |
|
56. |
Panel rulings, including the Panel ruling on the subject matter, shall be drafted and notified in the language or languages chosen by the disputing Parties. The costs incurred for translation of such Panel rulings shall be borne equally by the disputing Parties. |
|
57. |
Each disputing Party shall bear the cost of any further translation it deems necessary. |
CALCULATION OF PROCEDURAL TIME PERIODS
|
58. |
When, in accordance with the Title, these Rules, or by decision of the Panel, any action, procedural step or hearing has to take place, before, on or after a specified date or event, the specified date or the date of the event shall not be included in calculating the time periods stipulated in the Title, these Rules or established by the Panel. |
|
59. |
All time periods established in the Title and in these Rules, shall be calculated from the day after the request, notice, written submission or other document has been communicated to the Party receiving the document. |
|
60. |
The time that elapses between the date of delivery of the document and the effective receipt thereof, shall not be considered in the calculation of the procedural time periods, pursuant to Rule 4. |
|
61. |
Where a Party receives a document on a date other than the date on which this document is received by the other Party, any time period calculated on the basis of the date of receipt of that document shall be calculated from the last date of receipt of that document. |
|
62. |
Where a time period ends on a legal holiday of any or both of the disputing Parties, such time period shall be extended until the following working day. |
COSTS
|
63. |
Unless determined by the Panel that exceptional circumstances apply, (4) the payment of panellists, of the assistants, the experts, bodies or other sources designated in accordance with Article 320, their transportation, accommodation and other eligible expenses, as well as general administrative costs of the Panel proceedings, shall be borne by equal shares among the disputing Parties, according to the expense claim presented by the Panel. |
|
64. |
The panellists shall maintain a complete and detailed record of relevant expenses incurred and present an expense claim to the office designated by the Parties pursuant to Rule 67, along with the supporting documents, for purposes of remuneration and payment of expenses. The same shall apply to assistants and individuals designated in accordance with Article 320 as it relates to their specific role of assistant to a panellist or the Panel or from experts, bodies or other sources providing information and technical advice. |
|
65. |
The Association Council shall establish all eligible costs for the abovementioned individuals, as well as the remuneration and allowances to be paid, which will be in accordance with WTO standards. |
|
66. |
The preceding rules apply equally to any mediator under the Mediation Mechanism. |
DESIGNATED OFFICE IN RELATION TO DISPUTE SETTLEMENT PROCEDURES AND THE MEDIATION MECHANISM
|
67. |
Each Party shall:
|
|
68. |
All notifications and delivery of documents referred to in the Title on Dispute Settlement, the Rules of Procedure and in the Title on the Mediation Mechanism shall be made through this office. |
OTHER PROCEDURES
|
69. |
These Rules of Procedure are also applicable to procedures established under Article 315 paragraph 3, Article 316 paragraph 2, Article 317 paragraph 3 and Article 318 paragraph 2. However, the time periods laid down in these Rules of Procedure shall be adjusted in line with the special time periods provided for the adoption of a ruling by the Panel in those other procedures. |
COMPLIANCE WITH THE TITLE AND THE RULES
|
70. |
The Parties and the Panel shall ensure that their representatives, advisors, assistants and other individuals who participate in any part of a proceeding under the Title and these Rules, comply with the relevant provisions as well as any supplementary rules agreed by the Parties or adopted by the Panel. |
(1) This includes permanent holidays, including but not limited to religious or historical holidays, as well as any other holidays established on a non permanent basis.
(2) Negotiators Note: CA will reflect further on whether a fall back rule, for situations when no records for either dispatch or receipt exist may be needed.
(3) The result of the consultations referred to in this rule, shall not be binding for the Panel.
(4) Negotiators Note: The negotiators agree that all costs associated with the Panel and the work of the Panel should be covered equally by the disputing Parties. the disputing Parties further agree that where one Party has deliberately sought to obstruct or otherwise abuse the dispute settlement proceedings, the Panel may decide that this Party should cover a greater share.
ANNEX B
Code of Conduct for Members of Panels and Mediators
DEFINITIONS
|
1. |
For purposes of this Code of Conduct, the following terms shall be understood as:
|
RESPONSIBILITIES TO THE PROCESS
|
2. |
Every candidate and member shall avoid impropriety and the appearance of impropriety, shall be independent and impartial, shall avoid direct and indirect conflicts of interests, and shall observe the highest standards of conduct so that the integrity and impartiality of the dispute settlement proceeding and the dispute settlement mechanism is preserved. Former members must comply with the obligations established in sections on Obligations of Former Members and Confidentiality of this Code of Conduct. |
DISCLOSURE OBLIGATIONS
|
3. |
Prior to notifying the acceptance of his or her selection as a panellist, a candidate shall consider and if necessary disclose the existence of any interest, relationship or other circumstances likely to affect his or her independence or impartiality or that might reasonably create an appearance of impropriety or bias in the proceeding. To this end, a candidate shall make all reasonable efforts to become aware of any such interests, relationships and matters. |
|
4. |
Without limiting the generality of the foregoing, candidates shall disclose in good faith:
|
|
5. |
For the purpose of complying with paragraphs 3 and 4, all candidates who have been selected as panellists and have accepted their appointment, must complete an Initial Declaration regarding disclosure. The declaration must be transmitted to the Parties along with the acceptance of their appointment for their consideration. |
|
6. |
Once appointed, a member shall continue to make all reasonable efforts to become aware of any interests, relationships or matters referred to in paragraphs 3 and 4 of this Code of Conduct and shall disclose them. The disclosure obligation is a continuing duty which requires a member to disclose any such interests, relationships or matters that may arise during any stage of the proceeding. The member shall disclose such interests, relationships or other circumstances by informing the Parties in writing and for their consideration, with copy to the Association Committee. |
|
7. |
A member shall only communicate matters concerning actual or potential violations of this Code of Conduct to the Association Committee for consideration by the Parties. |
DUTIES OF MEMBERS
|
8. |
Upon acceptance of his or her appointment a member shall perform his or her duties thoroughly and expeditiously throughout the course of the proceeding, and with fairness and diligence. |
|
9. |
A member shall only consider and decide upon those issues raised during the proceeding and necessary for a ruling and shall not delegate this duty to any other person. |
|
10. |
A member shall take all appropriate steps to ensure that his or her assistant and staff are aware of, and comply with, the sections on Responsibilities to the Process, Disclosure Obligations, Independence, Impartiality and Rights of Members, Obligations of Former Members and Confidentiality of this Code of Conduct. |
|
11. |
A member shall not engage in ex parte contacts concerning the proceeding. |
INDEPENDENCE, IMPARTIALITY AND RIGHTS OF MEMBERS
|
12. |
A member must be independent and impartial and avoid creating an appearance of impropriety, partiality or bias and shall not be influenced by self-interest or that of others, outside pressure, political considerations, public clamour, and loyalty to a Party or fear of criticism. |
|
13. |
A member shall not, directly or indirectly, incur any obligation or accept any benefit that would in any way interfere, or appear to interfere, with the proper performance of the member's duties. |
|
14. |
A member may not use his or her position on the panel to advance any personal or private interests and shall avoid actions that may create the impression that others are in a special position to influence the member. |
|
15. |
A member may not allow financial, business, professional, family or social relationships or responsibilities to influence the member's conduct or judgement. |
|
16. |
A member must avoid entering into any relationship or acquiring any financial or other personal interest likely to affect the member's impartiality or that might reasonably create an appearance of impropriety, partiality or bias. |
|
17. |
No member shall limit or deprive other members from their right and obligation to fully participate in all relevant aspects of the proceeding. |
OBLIGATIONS OF FORMER MEMBERS
|
18. |
All former members must avoid actions that may create the appearance that they were biased in carrying out their duties or derived advantage from the decision or ruling of the panel. |
CONFIDENTIALITY
|
19. |
No member or former member shall at any time disclose or use any non-public information concerning a proceeding or acquired during a proceeding except for the purposes of that proceeding and shall not, in any case, disclose or use any such information to gain personal advantage or advantage for others or to adversely affect the interest of others. |
|
20. |
A member shall not disclose a panel ruling on the subject matter or parts thereof prior to its publication in accordance with the Title. |
|
21. |
A member or former member shall not at any time disclose the deliberations of a panel, any member's view, or any other non-public aspect relating to the proceeding. |
MEDIATORS
|
22. |
The disciplines described in this Code of Conduct as applying to members or former members shall apply, mutatis mutandis, to mediators. |
DRAFT
DECISION No 3/2014 OF THE EU-CENTRAL AMERICA ASSOCIATION COUNCIL
of … 2014
adopting the List of Panellists
THE EU-CENTRAL AMERICA ASSOCIATION COUNCIL,
Having regard to the Agreement establishing an Association between the European Union and its Member States, on the one hand, and Central America, on the other, (‘the Agreement’) and in particular Article 6 and Article 325 thereof,
Whereas:
|
(1) |
Pursuant to Article 6(1), the Association Council has the power to take decisions in the cases provided for in the Agreement. |
|
(2) |
Pursuant to Article 325(1), the Association Council shall establish a list of thirty six individuals who are willing and able to serve as panellists in the meaning of Title X of the Agreement on dispute settlement, |
HAS ADOPTED THIS DECISION:
Sole Article
The List of the Panellists, as set out in Annex, is hereby adopted.
This decision shall enter into force on the date of its adoption.
Done at …,
For the Association Council,
For the Republics of the CA Party
For the EU Party
ANNEX
List of panellists
|
|
Panellists proposed by Costa Rica
|
|
|
Panellists proposed by El Salvador
|
|
|
Panellists proposed by Guatemala
|
|
|
Panellists proposed by Honduras
|
|
|
Panellists proposed by Nicaragua
|
|
|
Panellists proposed by Panamá
|
|
|
Panellists proposed by the EU
|
|
|
Chairpersons
|
DRAFT
DECISION No 4/2014 OF THE EU-CENTRAL AMERICA ASSOCIATION COUNCIL
of … 2014
adopting the List of Trade and Sustainable Development Experts
THE EU-CENTRAL AMERICA ASSOCIATION COUNCIL,
Having regard to the Agreement establishing an Association between the European Union and its Member States, on the one hand, and Central America, on the other, (‘the Agreement’) and in particular Article 6 and Article 297 thereof,
Whereas:
|
(1) |
Pursuant to Article 6(1), the Association Council has the power to take decisions in the cases provided for in the Agreement. |
|
(2) |
Pursuant to Article 297(2), the Association Council shall endorse a list of a list of seventeen experts with expertise in environmental law, international trade or the resolution of disputes arising under international agreements and a list of seventeen experts with expertise in labour law, international trade or the resolution of disputes arising under international agreements, |
HAS ADOPTED THIS DECISION:
Sole Article
The List of Trade and Sustainable Development Experts, as set out in Annex, is hereby endorsed.
This decision shall enter into force on the date of its adoption.
Done at …,
For the Association Council
For the Republics of the CA Party
For the EU Party
ANNEX
List of Trade and Sustainable Development Experts
Experts in environmental law, international trade or the resolution of disputes arising under international agreements
|
|
List of national experts
|
|
|
Chairpersons (non-nationals of the Parties)
|
Experts in labour law, international trade or the resolution of disputes arising under international agreements
|
|
List of national experts
|
|
|
Chairpersons (non-nationals of the Parties)
|
|
26.6.2014 |
EN |
Official Journal of the European Union |
L 186/103 |
COMMISSION DECISION
of 24 June 2014
concerning the placing on the market for essential use of biocidal products containing copper
(notified under document C(2014) 4062)
(Only the Danish, Dutch, English, Estonian, Finnish, French, German, Italian, Latvian, Maltese, Polish and Swedish texts are authentic)
(2014/395/EU)
THE EUROPEAN COMMISSION,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to Commission Regulation (EC) No 1451/2007 of 4 December 2007 on the second phase of the 10-year work programme referred to in Article 16(2) of Directive 98/8/EC of the European Parliament and of the Council concerning the placing of biocidal products on the market (1), and in particular Article 5(3) thereof,
Whereas:
|
(1) |
Pursuant to Article 4 of Commission Regulation (EC) No 1896/2000 of 7 September 2000 on the first phase of the programme referred to in Article 16(2) of Directive 98/8/EC of the European Parliament and of the Council on biocidal products (2), copper was notified for use, i.a., in product-types 2, 5 and 11, as defined in Annex V to Directive 98/8/EC of the European Parliament and of the Council of 16 February 1998 concerning the placing of biocidal products on the market (3). |
|
(2) |
No complete dossier was submitted in support of the inclusion of copper in Annex I, IA or IB to Directive 98/8/EC within any of the relevant deadlines. Pursuant to Commission Decision 2012/78/EU of 9 February 2012 concerning the non-inclusion of certain substances in Annex I, IA or IB to Directive 98/8/EC of the European Parliament and of the Council concerning the placing of biocidal products on the market (4) read in combination with Article 4(2) of Regulation (EC) No 1451/2007, copper is no longer to be placed on the market for use in product-types 2, 5 or 11 as of 1 February 2013. |
|
(3) |
Pursuant to Article 5 of Regulation (EC) No 1451/2007, Ireland, Estonia, Italy, Poland, France, Belgium, the United Kingdom, Germany, Latvia, Finland, Luxembourg, Sweden, Denmark and Malta have submitted separate applications to the Commission for permission to allow the placing on the market of biocidal products containing copper for a number of uses. |
|
(4) |
The Commission made the applications publicly available by electronic means. |
|
(5) |
It follows from the applications that transmission of Legionella has been associated, in particular, with use of water such as drinking water, bathing water, showering water and water in cooling towers. Furthermore, it follows that Legionella can be fatal, especially in vulnerable groups such as hospital patients. According to the applications, selection of a suitable system for legionella control is complex and depends on a number of parameters such as system design, age, complexity and water chemistry. |
|
(6) |
It also follows from some of the applications, that biocidal products containing copper are used to prevent growth of organisms in water used in swimming pools that can lead to a wide variety infections. |
|
(7) |
Furthermore, it follows from some of the applications, that biocidal products containing copper are used to prevent growth of organisms in the main water inlet for offshore oil and gas platforms as well as other marine and coastal installations, where that use is essential to avoid blocking the inlet of water used for, i.a., processing, drinking water and bathing water production, and fire fighting, since blocking that inlet could be fatal for the health and safety of the staff at the installation. |
|
(8) |
Lastly, it follows from some of the applications, that biocidal products containing copper are used to prevent growth of organisms in the main water inlet ships, where that use is essential to avoid blocking the inlet of water used throughout the entire pipework and waterway system of a ship. This includes the internals of all pipework, like the fire suppression system, vital to the safe operation of the ship. |
|
(9) |
No comments were received during the public consultation on these applications. The Member States having submitted the applications have argued that, in their territories, it is necessary to have an adequate range of technical and economic feasible alternatives available to control legionella, or other harmful organisms, and, where relevant, to reduce the risk of blocking the main water inlet for offshore installations, other marine and coastal installations, or on ships. |
|
(10) |
It therefore appears likely that not allowing use for Legionella control or other harmful organisms, or where relevant for preventing growth of organisms in the water inlet for offshore oil and gas platforms, other marine and coastal installations, or on ships, in those Member States would currently pose a serious risk for public health. In addition, the cost, logistical and practical feasibility of turning off or substituting current copper-based systems on ships may be prohibitive in many cases. If feasible, the substitution may take some time. The requested derogations for essential use are therefore currently necessary. |
|
(11) |
However, unless a complete application for approval of copper for use in the relevant product-types is submitted without undue delay, users of biocidal products containing copper should implement alternative methods for Legionella control or organism growth prevention. It is therefore appropriate to require that, in such a case, users in those Member States are actively informed in due time to allow them to ensure that those alternative methods are effective before the biocidal products containing copper have to be withdrawn from the market, |
HAS ADOPTED THIS DECISION:
Article 1
1. Subject to the conditions provided for by Article 5(3) of Regulation (EC) No 1451/2007, Ireland, Estonia, Italy, Poland, France, Belgium, the United Kingdom, Germany, Latvia, Finland, Luxembourg, Sweden, Denmark and Malta may allow the placing on the market of biocidal products containing copper (EC No 231-159-6; CAS No 7440-50-8) for the uses indicated in the Annex to this Decision.
2. If dossiers for the approval of copper for the product-types relevant to those uses have been submitted and validated as complete by the evaluating Member State by 31 December 2014 at the latest, Ireland, Estonia, Italy, Poland, France, Belgium, the United Kingdom, Germany, Latvia, Finland, Luxembourg, Sweden, Denmark and Malta may continue allowing that placing on the market until the deadlines provided for in Article 89 of Regulation (EU) No 528/2012 of the European Parliament and of the Council of 22 May 2012 concerning the making available on the market and use of biocidal products (5) for cases where a substance is or is not approved.
3. In other cases than those provided for in paragraph 2, Ireland, Estonia, Italy, Poland, France, Belgium, the United Kingdom, Germany, Latvia, Finland, Luxembourg, Sweden, Denmark and Malta may continue allowing that placing on the market until 31 December 2017 provided that those Member States ensure, as of 1 January 2015, that users are actively informed about the immediate need to effectively implement alternative methods for the relevant purposes.
Article 2
This Decision is addressed to the Kingdom of Belgium, the Kingdom of Denmark, the Federal Republic of Germany, the Republic of Estonia, Ireland, the French Republic, the Italian Republic, the Republic of Latvia, the Grand Duchy of Luxembourg, Republic of Malta, the Republic of Poland, the Republic of Finland, the Kingdom of Sweden and the United Kingdom of Great Britain and Northern Ireland.
Done at Brussels, 24 June 2014.
For the Commission
Janez POTOČNIK
Member of the Commission
(1) OJ L 325, 11.12.2007, p. 3.
(3) OJ L 123, 24.4.1998, p. 1.
ANNEX
USES WHICH THE MEMBER STATES LISTED HEREUNDER MAY ALLOW, SUBJECT TO COMPLIANCE WITH THE CONDITIONS OF ARTICLE 1
|
|
|
A |
B |
C |
|
No |
Member State |
Product-type 2 |
Product-type 5 |
Product-type 11 |
|
1 |
Ireland |
For control of Legionella in water for human use, such as bathing and showering water. |
For control of Legionella in drinking water. |
— |
|
2 |
Estonia |
— |
— |
For the prevention of biofouling of the water inlet/pumps and throughout the entire pipework and waterway system of a ship. |
|
3 |
Italy |
For control of Legionella in water for human use, such as bathing and showering water. |
For control of Legionella in drinking water. |
For control of Legionella in cooling towers water. For the prevention of biofouling in the water inlet/pumps and throughout the entire pipework and waterway system of offshore oil and gas platforms, and other marine and costal installations. For the prevention of biofouling of the water inlet/pumps and throughout the entire pipework and waterway system of a ship. |
|
4 |
Poland |
— |
— |
For the prevention of biofouling of the water inlet/pumps and throughout the entire pipework and waterway system of a ship. |
|
5 |
France |
For control of Legionella and other harmful organisms in water for private swimming pools. |
— |
For the prevention of biofouling of the water inlet/pumps and throughout the entire pipework and waterway system of a ship. |
|
6 |
Belgium |
For control of Legionella in water for human use, such as bathing and showering water. |
For control of Legionella in drinking water. |
For control of Legionella in cooling towers water. For the prevention of biofouling in the water inlet/pumps and throughout the entire pipework and waterway system of offshore oil and gas platforms, and other marine and costal installations. For the prevention of biofouling of the water inlet/pumps and throughout the entire pipework and waterway system of a ship. |
|
7 |
The United Kingdom |
For control of Legionella and other harmful organisms in water for swimming pools and animal pools. |
— |
For the prevention of biofouling in the water inlet/pumps and throughout the entire pipework and waterway system of offshore oil and gas platforms, and other marine and costal installations For the prevention of biofouling of the water inlet/pumps and throughout the entire pipework and waterway system of a ship. |
|
8 |
Germany |
— |
— |
For the prevention of biofouling in the water inlet/pumps and throughout the entire pipework and waterway system of offshore oil and gas platforms, and other marine and costal installations. For the prevention of biofouling of the water inlet/pumps and throughout the entire pipework and waterway system of a ship. |
|
9 |
Latvia |
— |
— |
For the prevention of biofouling of the water inlet/pumps and throughout the entire pipework and waterway system of a ship. |
|
10 |
Finland |
— |
— |
For the prevention of biofouling of the water inlet/pumps and throughout the entire pipework and waterway system of a ship. |
|
11 |
Luxembourg |
— |
— |
For the prevention of biofouling of the water inlet/pumps and throughout the entire pipework and waterway system of a ship. |
|
12 |
Sweden |
— |
— |
For the prevention of biofouling of the water inlet/pumps and throughout the entire pipework and waterway system of a ship. |
|
13 |
Denmark |
— |
— |
For the prevention of biofouling in the water inlet/pumps and throughout the entire pipework and waterway system of offshore oil and gas platforms, and other marine and costal installations. For the prevention of biofouling of the water inlet/pumps and throughout the entire pipework and waterway system of a ship.. |
|
14 |
Malta |
For control of Legionella in water for human use, such as bathing and showering water. |
— |
For the prevention of biofouling in the water inlet/pumps and throughout the entire pipework and waterway system of offshore oil and gas platforms, and other marine and costal installations. For the prevention of biofouling of the water inlet/pumps and throughout the entire pipework and waterway system of a ship. |
|
26.6.2014 |
EN |
Official Journal of the European Union |
L 186/108 |
COMMISSION IMPLEMENTING DECISION
of 24 June 2014
authorising the placing on the market of UV-treated baker's yeast (Saccharomyces cerevisiae) as a novel food ingredient under Regulation (EC) No 258/97 of the European Parliament and of the Council
(notified under document C(2014) 4114)
(Only the French text is authentic)
(2014/396/EU)
THE EUROPEAN COMMISSION,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to Regulation (EC) No 258/97 of the European Parliament and of the Council of 27 January 1997 concerning novel foods and novel food ingredients (1), and in particular Article 7 thereof,
Whereas:
|
(1) |
On 4 May 2012, the company Lallemand SAS made a request to the competent authorities of the United Kingdom to place UV-treated baker's yeast (Saccharomyces cerevisiae) on the market as a novel food ingredient. UV-treated baker's yeast is intended to be used during the production of yeast-leavened bread, rolls and fine bakery wares and in food supplements. |
|
(2) |
On 31 August 2012, the competent food assessment body of the United Kingdom issued its initial assessment report. In that report it came to the conclusion that UV-treated baker's yeast meets the criteria for novel food set out in Article 3(1) of Regulation (EC) No 258/97. |
|
(3) |
On 11 September 2012, the Commission forwarded the initial assessment report to the other Member States. |
|
(4) |
Reasoned objections were raised within the 60-day period laid down in the first subparagraph of Article 6(4) of Regulation (EC) No 258/97. |
|
(5) |
On 14 April 2013, the Commission consulted the European Food Safety Authority (EFSA) asking it to carry out an additional assessment for UV-treated baker's yeast as novel food ingredient in accordance with Regulation (EC) No 258/97. |
|
(6) |
On 12 December 2013, in its ‘Scientific Opinion on the safety of vitamin D-enriched UV-treated baker's yeast’ (2), EFSA concluded that UV-treated baker's yeast exhibiting an enhanced content of vitamin D2 is safe under the intended conditions of use. |
|
(7) |
Therefore, the opinion gives sufficient grounds to establish that UV-treated baker's yeast as a novel food ingredient complies with the criteria laid down in Article 3(1) of Regulation (EC) No 258/97. |
|
(8) |
Directive 2002/46/EC of the European Parliament and of the Council (3) and Regulation (EC) No 1925/2006 of the European Parliament and of the Council (4) lay down specific provisions for the use of vitamins and minerals when added to food and in food supplements. The use of UV-treated baker's yeast should be authorised without prejudice to those specific provisions. |
|
(9) |
The measures provided for in this Decision are in accordance with the opinion of the Standing Committee on the Food Chain and Animal Health, |
HAS ADOPTED THIS DECISION:
Article 1
UV-treated baker's yeast as specified in Annex I may be placed on the market in the Union as a novel food ingredient for the uses defined and at the maximum levels established in Annex II without prejudice to Directive 2002/46/EC and Regulation (EC) No 1925/2006.
Article 2
The designation of UV-treated baker's yeast authorised by this Decision on the labelling of the foodstuffs containing it shall be ‘vitamin D yeast’ or ‘vitamin D2 yeast’.
Article 3
This Decision is addressed to Lallemand SAS, 19 Rue des Briquetiers BP59, 31702 Blagnac Cedex, France.
Done at Brussels, 24 June 2014.
For the Commission
Tonio BORG
Member of the Commission
(2) EFSA Journal 2014; 12(1):3520.
(3) Directive 2002/46/EC of the European Parliament and of the Council of 10 June 2002 on the approximation of the laws of the Member States relating to food supplements (OJ L 183, 12.7.2002, p. 51).
(4) Regulation (EC) No 1925/2006 of the European Parliament and of the Council of 20 December 2006 on the addition of vitamins and minerals and of certain other substances to foods (OJ L 404, 30.12.2006, p. 26).
ANNEX I
SPECIFICATION OF UV-TREATED BAKER'S YEAST
Definition : Baker's yeast (Saccharomyces cerevisiae) is treated with ultraviolet light to induce the conversion of ergosterol to vitamin D2 (ergocalciferol). Vitamin D2 content in the yeast concentrate varies between 1 800 000-3 500 000 IU vitamin D/100 g (450-875 μg/g).
Description : Tan-coloured, free-flowing granules
Vitamin D2 :
|
Chemical name |
(5Z,7E,22E)-3S-9,10-secoergosta-5,7,10(19),22-tetraen-3-ol |
|
Synonym |
Ergocalciferol |
|
CAS No |
50-14-6 |
|
Molecular weight |
396,65 g/mol |
Microbiological criteria of the yeast concentrate :
|
Coliforms |
Not more than 1 000 /g |
|
Escherichia coli |
Not more than 10/g |
|
Salmonella spp. |
Absent in 25 g |
ANNEX II
AUTHORISED USES OF UV-TREATED BAKER'S YEAST
|
Food category |
Maximum use level |
|
Yeast-leavened breads and rolls |
5 μg of vitamin D2/100 g final product |
|
Yeast-leavened fine bakery wares |
5 μg of vitamin D2/100 g final product |
|
Food supplements |
5 μg of vitamin D2/day |
|
26.6.2014 |
EN |
Official Journal of the European Union |
L 186/111 |
COMMISSION IMPLEMENTING DECISION
of 25 June 2014
postponing the expiry date of approval of difethialone and difenacoum for use in biocidal products for product-type 14
(Text with EEA relevance)
(2014/397/EU)
THE EUROPEAN COMMISSION,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to Regulation (EU) No 528/2012 of the European Parliament and of the Council of 22 May 2012 concerning the making available on the market and use of biocidal products (1), and in particular Article 14(5) thereof,
Whereas:
|
(1) |
The active substances difethialone and difenacoum were included into Annex I to Directive 98/8/EC of the European Parliament and of the Council (2) for use in biocidal products for product-type 14, and pursuant to Article 86 of Regulation (EU) No 528/2012 are considered approved under that Regulation subject to the specifications and conditions set out in Annex I to that Directive. |
|
(2) |
Their approval will expire on 31 October 2014 and 31 March 2015, respectively. In accordance with Article 13(1) of Regulation (EU) No 528/2012, applications have been submitted for the renewal of the approval of these active substances. |
|
(3) |
Because of the identified risks and the characteristics of the active substances difethialone and difenacoum, which render them potentially persistent, liable to bioaccumulate and toxic, or very persistent and very liable to bioaccumulate, the renewal of their approval is subject to an assessment of an alternative active substance or substances. In addition, due to these characteristics, the approval of those active substances may be renewed only if it is shown that at least one of the conditions of the first subparagraph of Article 5(2) of Regulation (EU) No 528/2012 is fulfilled. |
|
(4) |
The Commission has launched a study on the risk-mitigation measures that may be applied to anticoagulant rodenticides with a view to proposing the measures that are most suitable for mitigating the risks associated to the properties of those active substances. |
|
(5) |
That study is currently on-going, and the possibility should be given to the applicants for the renewal of approval of those active substances to address the conclusions of the study in their application. Furthermore, the conclusions of that study should be taken into account when deciding on the renewal of the approval of all anticoagulant rodenticides. |
|
(6) |
In order to facilitate the review and comparison of the risks and benefits of all anticoagulant rodenticides as well as of the risk-mitigation measures applied to them, the assessment of difethialone and difenacoum should be postponed until the last application for the renewal of the last anticoagulant rodenticide is submitted. Applications for the renewal of the approval of the last anticoagulant rodenticides, namely brodifacoum, warfarin and warfarin sodium, are expected to be submitted by 31 July 2015. |
|
(7) |
Consequently, for reasons beyond the control of the applicants, the approval of difethialone and difenacoum is likely to expire before a decision has been taken on their renewal. It is therefore appropriate to postpone the expiry date of approval of those active substances for a period of time sufficient to enable the examination of the applications. |
|
(8) |
Except for the expiry date of the approval, those substances should remain approved subject to the specifications and conditions set out in Annex I to Directive 98/8/EC. |
|
(9) |
The measures provided for in this Decision are in accordance with the opinion of the Standing Committee on Biocidal Products, |
HAS ADOPTED THIS DECISION:
Article 1
The expiry date of approval of difethialone and difenacoum for use in biocidal products for product-type 14 shall be postponed to 30 June 2018.
Article 2
This Decision shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.
Done at Brussels, 25 June 2014.
For the Commission
The President
José Manuel BARROSO
(1) OJ L 167, 27.6.2012, p. 1.
(2) Directive 98/8/EC of the European Parliament and of the Council of 16 February 1998 concerning the placing of biocidal products on the market (OJ L 123, 24.4.1998, p. 1).