ISSN 1977-0677
Official Journal
of the European Union
L 305
English edition
Legislation
Volume 57
24 October 2014
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ISSN 1977-0677 |
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Official Journal of the European Union |
L 305 |
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English edition |
Legislation |
Volume 57 |
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Corrigenda |
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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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24.10.2014 |
EN |
Official Journal of the European Union |
L 305/1 |
COMMISSION DELEGATED REGULATION (EU) No 1125/2014
of 19 September 2014
supplementing Directive 2014/17/EU of the European Parliament and of the Council with regard to regulatory technical standards on the minimum monetary amount of the professional indemnity insurance or comparable guarantee to be held by credit intermediaries
(Text with EEA relevance)
THE EUROPEAN COMMISSION,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to Directive 2014/17/EU of the European Parliament and of the Council of 4 February 2014 on credit agreements for consumers relating to residential immovable property and amending Directive 2008/48/EC and 2013/36/EU and Regulation (EU) No 1093/2010 (1), and in particular the second subparagraph of Article 29(2)(a) thereof,
Whereas:
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(1) |
Article 29(2)(a) of Directive 2014/17/EU requires credit intemediaries to hold a professional indemnity insurance (‘PII’) covering the territories in which they offer services, or some other comparable guarantee against liability arising from professional negligence. |
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(2) |
While the requirement for credit intermediaries in the mortgages sector to hold PII or comparable guarantee is a novel regulatory requirement at Union level, that requirement exists at national level in certain Member States. Indeed, those jurisdictions with experience in PII requirements exhibit the highest shares of intermediated mortgage sales across the Union, a history of significant market penetration by credit intermediaries and, consequently, also follow a more specific approach to regulating that sector. Therefore, Union rules on the minimum amount of PII or comparable guarantee should be based on the experience of those jurisdictions when it comes to determining the most suitable approach for calculating that minimum amount. |
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(3) |
That approach would be appropriate for the Union as a whole, including for jurisdictions with smaller mortgage markets. This is because claims against credit intermediaries are not correlated to the underlying mortgage credit amount, which may vary widely across the Union, but are based on professional negligence, the resultant detriment of which vary much less. |
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(4) |
The third subparagraph of Article 29(2)(a) of Directive 2014/17/EU requires a review of the minimum monetary amount of the professional indemnity insurance or comparable guarantee at regular intervals. Consequently, it could be possible in the future that other options or methodologies become more appropriate for determining the level of those obligations for credit intermediaries, especially with the availability of further historical data and increased supervisory experience related to the functioning of the professional indemnity insurance. |
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(5) |
For a clear stipulation of the minimum monetary amount of the PII or comparable guarantee and to ensure a more harmonised approach throughout the Union, it would be appropriate to specify the application of that minimum amount per claim and per year. Directive 2002/92/EC of the European Parliament and of the Council (2) lays down a requirement for a per-year-and-per-claim minimum amount of PII or comparable guarantee. Consequently, most intermediaries carrying out insurance intermediation, and their insurers, are familiar with that approach and therefore it is appropriate to establish a similar system for credit intermediaries. Further, the majority of Member States whose national laws require professional indemnity insurance by credit intermediaries also use such an approach. Therefore, rules on PII for credit intermediaries should also propose such a per-year-and-per-claim distinction. |
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(6) |
This Regulation is based on the draft regulatory technical standards submitted by the European Banking Authority to the Commission. |
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(7) |
The European Banking Authority has conducted open public consultations on the draft regulatory technical standards on which this Regulation is based, analysed the potential related costs and benefits and requested the opinion of the Banking Stakeholder Group established in accordance with Article 37 of Regulation (EU) No 1093/2010 of the European Parliament and of the Council (3), |
HAS ADOPTED THIS REGULATION:
Article 1
The minimum monetary amount of the professional indemnity insurance or comparable guarantee required to be held by credit intermediaries as referred to in the first subparagraph of Article 29(2)(a) of Directive 2014/17/EU shall be:
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(a) |
EUR 460 000 for each individual claim; |
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(b) |
in aggregate, EUR 750 000 per calendar year for all claims. |
Article 2
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, 19 September 2014.
For the Commission
The President
José Manuel BARROSO
(1) OJ L 60, 28.2.2014, p. 34.
(2) Directive 2002/92/EC of the European Parliament and of the Council of 9 December 2002 on insurance mediation (OJ L 9, 15.1.2003, p. 3).
(3) Regulation (EU) No 1093/2010 of the European Parliament and of the Council of 24 November 2010 establishing a European Supervisory Authority (European Banking Authority), amending Decision No 716/2009/EC and repealing Commission Decision 2009/78/EC (OJ L 331, 15.12.2010, p. 12).
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24.10.2014 |
EN |
Official Journal of the European Union |
L 305/3 |
COMMISSION REGULATION (EU) No 1126/2014
of 17 October 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 asulam, cyanamide, dicloran, flumioxazin, flupyrsulfuron-methyl, picolinafen and propisochlor 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 asulam, cyanamide, dicloran and propisochlor, maximum residue levels (MRLs) were set in Part A of Annex III to Regulation (EC) No 396/2005. For flumioxazin, flupyrsulfuron-methyl and picolinafen, MRLs were set in Annex II and Part B of Annex III to that Regulation. |
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(2) |
The non-inclusion of asulam in Annex I to Directive 91/414/EEC is provided for in Commission Implementing Regulation (EU) No 1045/2011 (2). All existing authorisations for plant protection products containing the active substance asulam 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. |
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(3) |
The non-inclusion of cyanamide in Annex I to Directive 91/414/EEC is provided for in Commission Decision 2008/745/EC (3). All existing authorisations for plant protection products containing the active substance cyanamide 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. |
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(4) |
The non-inclusion of dicloran in Annex I to Directive 91/414/EEC is provided for in Commission Implementing Decision 2011/329/EU (4). All existing authorisations for plant protection products containing the active substance dicloran 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 this 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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(5) |
For dicloran, the European Food Safety Authority, hereinafter ‘the Authority’, submitted a reasoned opinion on the existing MRLs in accordance with Article 12(1) of Regulation (EC) No 396/2005 (5). It identified concerning the CXLs for peaches, table grapes, wine grapes and carrots a risk for consumers. It is therefore appropriate to set these MRLs 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. The Authority concluded that concerning the CXL for onions, some information was not available and that further consideration by risk managers was required. As there is no risk for consumers, the MRL for this product should be set in Annex II to Regulation (EC) No 396/2005 at the existing level or the level identified by the Authority. This MRL will be reviewed; the review will take into account the information available within two years from the publication of this Regulation. |
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(6) |
For flumioxazin, the Authority submitted a reasoned opinion on the existing MRLs in accordance with Article 12(2) of Regulation (EC) No 396/2005 in conjunction with Article 12(1) thereof (6). It recommended lowering the MRLs for apples, pears, stone fruits, potatoes, carrots, parsnips, peas (without pods), sunflower seed, soya bean, maize grain, oat grain, sorghum grain and wheat grain. For other products it recommended keeping the existing MRLs. It concluded that concerning the MRL for onions some information was not available and that further consideration by risk managers was required. As there is no risk for consumers, the MRL for this product should be set in Annex II to Regulation (EC) No 396/2005 at the existing level or the level identified by the Authority. This MRL will be reviewed; the review will take into account the information available within two years from the publication of this Regulation. |
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(7) |
For flupyrsulfuron-methyl, 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 concluded that concerning the MRLs for linseed, barley grain, wheat grain, oat grain and rye grain some information was not available and that further consideration by risk managers was required. As there is no risk for consumers, the MRLs for 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. As the availability of the missing information was reported by France, no footnote requesting the submission of this information will be added. |
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(8) |
For picolinafen, 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 concluded that concerning the MRLs for barley grain, oats grain, rye grain, wheat grain, bovine meat, fat, liver and kidney; sheepmeat, fat, liver, kidney and milk; goatmeat, fat, liver, kidney and milk, and cattle milk some information was not available and that further consideration by risk managers was required. As there is no risk for consumers, the MRLs for 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. |
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(9) |
The non-inclusion of propisochlor in Annex I to Directive 91/414/EEC is provided for in Commission Implementing Decision 2011/262/EU (9). All existing authorisations for plant protection products containing the active substance propisochlor 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 this active substance in Annex III should therefore be deleted. |
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(10) |
As regards products of plant and animal origin for which neither relevant authorisations or import tolerances were reported at Union level nor CXLs 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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(11) |
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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(12) |
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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(13) |
Regulation (EC) No 396/2005 should therefore be amended accordingly. |
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(14) |
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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(15) |
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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(16) |
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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(17) |
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 13 May 2015.
Article 3
This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.
It shall apply from 13 May 2015.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 17 October 2014.
For the Commission
The President
José Manuel BARROSO
(2) Commission Implementing Regulation (EU) No 1045/2011 of 19 October 2011 concerning the non-approval of the active substance asulam, in accordance with Regulation (EC) No 1107/2009 of the European Parliament and of the Council concerning the placing of plant protection products on the market, and amending Commission Decision 2008/934/EC (OJ L 275, 20.10.2011, p. 23).
(3) Commission Decision 2008/745/EC of 18 September 2008 concerning the non-inclusion of cyanamide in Annex I to Council Directive 91/414/EEC and the withdrawal of authorisations for plant protection products containing that substance (OJ L 251, 19.9.2008, p. 45).
(4) Commission Implementing Decision 2011/329/EU of 1 June 2011 concerning the non-inclusion of dicloran in Annex I to Council Directive 91/414/EEC (OJ L 153, 11.6.2011, p. 194).
(5) European Food Safety Authority; Review of the existing maximum residue levels (MRLs) for dicloran according to Article 12 of Regulation (EC) No 396/2005. EFSA Journal 2013;11(6):3274. [30 pp.].
(6) European Food Safety Authority; Review of the existing maximum residue levels (MRLs) for flumioxazin according to Article 12 of Regulation (EC) No 396/2005. EFSA Journal 2013;11(5):3225. [35 pp.].
(7) European Food Safety Authority; Review of the existing maximum residue levels (MRLs) for flupyrsulfuron-methyl according to Article 12 of Regulation (EC) No 396/2005. EFSA Journal 2013;11(5):3226. [28 pp.].
(8) European Food Safety Authority; Review of the existing maximum residue levels (MRLs) for picolinafen according to Article 12 of Regulation (EC) No 396/2005. EFSA Journal 2013;11(5):3222. [34 pp.].
(9) Commission Implementing Decision 2011/262/EU of 27 April 2011 concerning the non-inclusion of propisochlor in Annex I to Council Directive 91/414/EEC and amending Commission Decision 2008/941/EC (OJ L 111, 30.4.2011, p. 19).
ANNEX
Annexes II, III and V to Regulation (EC) No 396/2005 are amended as follows:
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(1) |
Annex II is amended as follows:
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(2) |
In Annex III, the columns for asulam, cyanamide, dicloran, flumioxazin, flupyrsulfuron-methyl, picolinafen and propisochlor are deleted. |
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(3) |
In Annex V the following columns for asulam, cyanamide and propisochlor are added: ‘Pesticide residues and maximum residue levels (mg/kg)
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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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24.10.2014 |
EN |
Official Journal of the European Union |
L 305/47 |
COMMISSION REGULATION (EU) No 1127/2014
of 20 October 2014
amending Annexes II and III to Regulation (EC) No 396/2005 of the European Parliament and of the Council as regards maximum residue levels for amitrole, dinocap, fipronil, flufenacet, pendimethalin, propyzamide, and pyridate in or on certain products
(Text with EEA relevance)
THE EUROPEAN COMMISSION,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to Regulation (EC) No 396/2005 of the European Parliament and of the Council of 23 February 2005 on maximum residue levels of pesticides in or on food and feed of plant and animal origin and amending Council Directive 91/414/EEC (1), and in particular Article 14(1)(a) and Articles 18(4) and 49(2) thereof,
Whereas:
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(1) |
For amitrole, flufenacet, pendimethalin, propyzamide and pyridate, maximum residue levels (MRLs) were set in Annex II and Part B of Annex III to Regulation (EC) No 396/2005. For dinocap and fipronil, MRLs were set in Part A of Annex III to that Regulation. |
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(2) |
For amitrole, 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 concluded that concerning the MRLs in citrus fruits, almonds, hazelnuts, walnuts, pome fruits, stone fruits, table and wine grapes, currants, gooseberries, table olives and olives for oil production 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) |
For dinocap, the Authority submitted a reasoned opinion on the existing MRLs in accordance with Article 12(2) of Regulation (EC) No 396/2005 in conjunction with Article 12(1) thereof (3). All existing authorisations for plant protection products containing the active substance dinocap have been revoked. It is therefore appropriate to set the MRLs at the specific limit of determination or the level of Codex MRLs which are safe for consumers in the Union. It is also appropriate to change the residue definition. |
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(4) |
The Authority indicated that the existing MRLs for dinocap in wine grapes and melons may raise concerns of consumer protection. The MRLs for those products should be set at the specific limit of determination or at the default MRL as set out in Article 18(1)(b) of Regulation (EC) No 396/2005. |
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(5) |
For fipronil, the Authority submitted a reasoned opinion on the existing MRLs in accordance with Article 12(2) of Regulation (EC) No 396/2005 in conjunction with Article 12(1) thereof (4). It recommended lowering the MRLs for flowering and head brassicas, swine, bovine, sheep and goat fat and liver, swine kidney, poultry liver and eggs. For other products it recommended raising or keeping the existing MRLs. |
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(6) |
In accordance with Article 53 of Regulation (EC) No 1107/2009 of the European Parliament and of the Council (5), Germany notified on 10 February 2012 to the Commission the temporary authorisation of plant protection products containing the active substance fipronil, due to an outbreak of Elateridae species, a danger that could not be contained effectively by any other reasonable means. Consequently, Germany also notified the other Member States, the Commission and the Authority in accordance with Article 18(4) of Regulation (EC) No 396/2005 of its request for an increase of the MRL in poultry fat, as potatoes containing fipronil residues compliant with the existing MRL in potatoes may be fed to chicken, leading to residues above the existing MRL in poultry fat. |
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(7) |
Germany submitted to the Commission an appropriate consumer risk assessment and proposed temporary MRLs on that basis. |
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(8) |
The Authority assessed the data provided and issued a reasoned opinion on the safety of the proposed temporary MRLs in accordance with Article 18(4) of Regulation (EC) No 396/2005 (6). It concluded that a potential long-term consumer health risk could not be excluded. |
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(9) |
As exposure to residues from different products contributed to the potential long-term consumer health risk, the authorisations for the uses on head cabbage and kale were withdrawn at the request of the authorisation holder. |
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(10) |
Commission Regulation (EU) No 212/2013 (7) entered into force on 1 April 2013, thereby amending Annex I to Regulation (EC) No 396/2005. |
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(11) |
The European Commission requested the Authority to recalculate the expected residue levels of fipronil in commodities of animal origin and the consumer exposure resulting from those residue levels, taking into account the withdrawal of authorisations for uses on head cabbage and kale and the amendment of Annex I to Regulation (EC) No 396/2005. The Authority submitted a reasoned opinion on the modification of MRLs following the withdrawal of uses on head cabbage and kale in accordance with Article 43 of Regulation (EC) No 396/2005 (8). It concluded that the proposed MRLs are adequately supported by data and no risk for consumers was identified. |
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(12) |
For flufenacet, 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 recommended lowering the MRLs for swine, bovine, sheep, goat and poultry liver. For other products it recommended raising or keeping the existing MRLs. The Authority concluded that concerning the MRLs in strawberries, blueberries, cranberries, currants and gooseberries 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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(13) |
For pendimethalin, 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 recommended lowering the MRLs for carrots, legume vegetables (fresh), pulses (dry), peanuts, sunflower seed, soya bean, cotton seed, swine, bovine, sheep, goat and poultry meat and fat, milk and birds' eggs. Taking into account additional information on the good agricultural practice provided by Germany and the Netherlands and as there is no risk for consumers, the MRL for carrots should be set in Annex II to Regulation (EC) No 396/2005 at the existing level. That MRL will be reviewed; the review will take into account the information available within two years from the publication of this Regulation. For other products the Authority recommended raising or keeping the existing MRLs. |
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(14) |
The Authority concluded that concerning the MRLs for pendimethalin in strawberries, garlic, onions, shallots, tomatoes, peppers, aubergines, cucurbits with edible and inedible peel, globe artichokes, leek, swine, bovine, sheep and goat liver and kidney, and poultry liver 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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(15) |
The Authority concluded that concerning the MRLs for pendimethalin in witloof, rape seed, herbal infusions (dried, flowers) and spices (fruits and berries) no information was available and that further consideration by risk managers was required. The MRLs for those products should be set at the specific limit of determination or at the default MRL as set out in Article 18(1)(b) of Regulation (EC) No 396/2005. |
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(16) |
The Authority concluded that concerning the MRLs for pendimethalin in horseradish, parsnips and parsley root no information was available and that further consideration by risk managers was required. Taking into account additional information on the good agricultural practices provided by Germany, Latvia and the Netherlands and as there is no risk for consumers, the MRLs for those products should be set in Annex II to Regulation (EC) No 396/2005 at the existing level. 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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(17) |
As regards pendimethalin in salsify, herbal infusions (dried, roots), spices (seeds) and caraway, the Authority submitted an opinion concerning MRLs for those products (11). |
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(18) |
For propyzamide, 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 (12). It proposed to change the residue definition. It recommended lowering the MRLs for table and wine grapes, strawberries, cane fruits, blueberries, cranberries, currants, gooseberries, elderberries, salsify, witloof, rhubarb, sunflower seed, rape seed, soya bean, sugar beet (root) and chicory roots. For other products it recommended keeping the existing MRLs. |
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(19) |
The Authority concluded that concerning the MRLs for propyzamide in lamb's lettuce, lettuce, escarole, cress, rocket (rucola), leaves and sprouts of brassica, herbs, beans (dry), lentils, peas (dry), swine, bovine, sheep and goat meat, fat, liver and kidney, and ruminant milk 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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(20) |
The Authority concluded that concerning the MRLs for propyzamide in leek and hops no information was available and that further consideration by risk managers was required. The MRLs for those products should be set at the specific limit of determination or at the default MRL as set out in Article 18(1)(b) of Regulation (EC) No 396/2005. |
|
(21) |
As regards propyzamide in herbal infusions (dried), the Authority submitted an opinion concerning MRLs for those products (13). |
|
(22) |
For pyridate, 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 (14). The Authority concluded that concerning the MRLs in salsify, garlic, onions, shallots, spring onions, sweet corn, flowering brassica, Brussels sprouts, head cabbage, kale, kohlrabi, chives, asparagus, leek, lupins, poppy seed, rape seed, maize, herbal infusions (dried, flowers), herbal infusions (dried, leaves), herbal infusions (dried, roots), spices (seeds), spices (fruits and berries), swine, bovine, sheep and goat meat, fat, liver and kidney, poultry meat, fat and liver, ruminant milk and birds' eggs 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. |
|
(23) |
The Authority concluded that concerning the MRLs for pyridate in globe artichokes, barley, rice and wheat no information was available and that further consideration by risk managers was required. The MRLs for those products should be set at the specific limit of or at the default MRL as set out in Article 18(1)(b) of Regulation (EC) No 396/2005. |
|
(24) |
As regards pyridate in celery leaves (dill leaves), the Authority submitted an opinion concerning the MRL for that product (15). |
|
(25) |
As regards products 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 as set out in Article 18(1)(b) of Regulation (EC) No 396/2005. |
|
(26) |
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 Articles 14(2) and 18(4) of Regulation (EC) No 396/2005. |
|
(27) |
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. |
|
(28) |
Regulation (EC) No 396/2005 should therefore be amended accordingly. |
|
(29) |
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. |
|
(30) |
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. |
|
(31) |
The measures provided for in this Regulation are in accordance with the opinion of the Standing Committee on the Food Chain and Animal Health, |
HAS ADOPTED THIS REGULATION:
Article 1
Annexes II and III to Regulation (EC) No 396/2005 are amended in accordance with the Annex to this Regulation.
Article 2
As regards the active substances in and on products, as set out in the following list, Regulation (EC) No 396/2005 as it stood before being amended by this Regulation shall continue to apply to products which were lawfully produced before 13 May 2015:
|
(1) |
amitrole: all products; |
|
(2) |
dinocap: all products except wine grapes and melons; |
|
(3) |
fipronil, flufenacet, pendimethalin, propyzamide and pyridate: all products. |
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.
However, it shall apply from 13 May 2015.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 20 October 2014.
For the Commission
The President
José Manuel BARROSO
(2) European Food Safety Authority; Reasoned opinion on the review of the existing maximum residue levels (MRLs) for amitrole according to Article 12 of Regulation (EC) No 396/2005. EFSA Journal 2012;10(6):2763. [35 pp.].
(3) European Food Safety Authority; Review of the existing maximum residue levels (MRLs) for dinocap according to Article 12 of Regulation (EC) No 396/2005. EFSA Journal 2011;9(8):2340. [33 pp.].
(4) European Food Safety Authority; Reasoned opinion on the review of the existing maximum residue levels (MRLs) for fipronil according to Article 12 of Regulation (EC) No 396/2005. EFSA Journal 2012;10(4):2688. [44 pp.].
(5) Regulation (EC) No 1107/2009 of the European Parliament and of the Council of 21 October 2009 concerning the placing of plant protection products on the market and repealing Council Directives 79/117/EEC and 91/414/EEC (OJ L 309, 24.11.2009, p. 1).
(6) European Food Safety Authority; Reasoned opinion on the modification of the existing MRL for fipronil in poultry fat. EFSA Journal 2012;10(5):2707. [32 pp.].
(7) Commission Regulation (EU) No 212/2013 of 11 March 2013 replacing Annex I to Regulation (EC) No 396/2005 of the European Parliament and of the Council as regards additions and modifications with respect to the products covered by that Annex (OJ L 68, 12.3.2013, p. 30).
(8) European Food Safety Authority; Reasoned opinion on the modification of maximum residue levels (MRLs) for fipronil following the withdrawal of the authorised uses on kale and head cabbage. EFSA Journal 2014;12(1):3543. [37 pp.].
(9) European Food Safety Authority; Reasoned opinion on the review of the existing maximum residue levels (MRLs) for flufenacet according to Article 12 of Regulation (EC) No 396/2005. EFSA Journal 2012;10(4):2689. [52 pp.].
(10) European Food Safety Authority; Reasoned opinion on the review of the existing maximum residue levels (MRLs) for pendimethalin according to Article 12 of Regulation (EC) No 396/2005. EFSA Journal 2012;10(4):2683. [57 pp.].
(11) European Food Safety Authority; Reasoned opinion on the modification of the existing MRLs for pendimethalin in various crops. EFSA Journal 2013;11(5):3217. [27 pp.].
(12) European Food Safety Authority; Reasoned opinion on the review of the existing maximum residue levels (MRLs) for propyzamide according to Article 12 of Regulation (EC) No 396/2005. EFSA Journal 2012;10(4):2690. [54 pp.].
(13) European Food Safety Authority; Reasoned opinion on the modification of the existing MRLs for propyzamide in leaves, flowers and roots of herbal infusions. EFSA Journal 2013;11(9):3378. [28 pp.].
(14) European Food Safety Authority; Reasoned opinion on the review of the existing maximum residue levels (MRLs) for pyridate according to Article 12 of Regulation (EC) No 396/2005. EFSA Journal 2012;10(4):2687. [47 pp.].
(15) European Food Safety Authority; Reasoned opinion on the modification of the existing MRL for pyridate in celery leaves (dill leaves). EFSA Journal 2012;10(9):2892. [25 pp.].
ANNEX
Annexes II and III to Regulation (EC) No 396/2005 are amended as follows:
|
(1) |
Annex II is amended as follows:
|
||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
|
(2) |
in Annex III, the columns for amitrole, dinocap, fipronil, flufenacet, pendimethalin, propyzamide and pyridate are deleted. |
(*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.
|
24.10.2014 |
EN |
Official Journal of the European Union |
L 305/100 |
COMMISSION IMPLEMENTING REGULATION (EU) No 1128/2014
of 21 October 2014
amending Regulation (EC) No 1484/95 as regards fixing representative prices in the poultrymeat and egg sectors and for egg albumin
THE EUROPEAN COMMISSION,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to Regulation (EU) No 1308/2013 of the European Parliament and of the Council of 17 December 2013 establishing a common organisation of the markets in agricultural products and repealing Council Regulations (EEC) No 922/72, (EEC) No 234/79, (EC) No 1037/2001 and (EC) No 1234/2007 (1), and in particular Article 183(b) thereof,
Having regard to Regulation (EU) No 510/2014 of the European Parliament and of the Council of 16 April 2014 laying down the trade arrangements applicable to certain goods resulting from the processing of agricultural products and repealing Council Regulations (EC) No 1216/2009 and (EC) No 614/2009 (2), and in particular Article 5(6)(a) thereof,
Whereas:
|
(1) |
Commission Regulation (EC) No 1484/95 (3) lays down detailed rules for implementing the system of additional import duties and fixes representative prices in the poultrymeat and egg sectors and for egg albumin. |
|
(2) |
Regular monitoring of the data used to determine representative prices for poultrymeat and egg products and for egg albumin shows that the representative import prices for certain products should be amended to take account of variations in price according to origin. |
|
(3) |
Regulation (EC) No 1484/95 should be amended accordingly. |
|
(4) |
Given the need to ensure that this measure applies as soon as possible after the updated data have been made available, this Regulation should enter into force on the day of its publication, |
HAS ADOPTED THIS REGULATION:
Article 1
Annex I to Regulation (EC) No 1484/95 is replaced by the text set out in the Annex to this Regulation.
Article 2
This Regulation shall enter into force on the day of its publication in the Official Journal of the European Union.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 21 October 2014.
For the Commission,
On behalf of the President,
Jerzy PLEWA
Director-General for Agriculture and Rural Development
(1) OJ L 347, 20.12.2013, p. 671.
(2) OJ L 150, 20.5.2014, p. 1.
(3) Commission Regulation (EC) No 1484/95 of 28 June 1995 laying down detailed rules for implementing the system of additional import duties and fixing representative prices in the poultrymeat and egg sectors and for egg albumin, and repealing Regulation (EC) No 163/67/EEC (OJ L 145, 29.6.1995, p. 47).
ANNEX
‘ANNEX I
|
CN code |
Description of goods |
Representative price (EUR/100 kg) |
Security under Article 3 (EUR/100 kg) |
Origin (1) |
|
0207 12 10 |
Fowls of the species Gallus domesticus, not cut in pieces, presented as “70 % chickens”, frozen |
132,6 |
0 |
AR |
|
0207 12 90 |
Fowls of the species Gallus domesticus, not cut in pieces, presented as “65 % chickens”, frozen |
138,8 |
0 |
AR |
|
149,3 |
0 |
BR |
||
|
0207 14 10 |
Fowls of the species Gallus domesticus, boneless cuts, frozen |
303,3 |
0 |
AR |
|
222,6 |
23 |
BR |
||
|
335,3 |
0 |
CL |
||
|
270,9 |
9 |
TH |
||
|
0207 14 50 |
Fowls of the species Gallus domesticus, breasts, frozen |
198,7 |
4 |
BR |
|
0207 14 60 |
Fowls of the species Gallus domesticus, legs, frozen |
123,6 |
6 |
BR |
|
0207 27 10 |
Turkeys, boneless cuts, frozen |
356,6 |
0 |
BR |
|
305,2 |
0 |
CL |
||
|
1602 32 11 |
Preparations of fowls of the species Gallus domesticus, uncooked |
259,6 |
8 |
BR |
(1) Nomenclature of countries laid down by Commission Regulation (EU) No 1106/2012 of 27 November 2012 implementing Regulation (EC) No 471/2009 of the European Parliament and of the Council on Community statistics relating to external trade with non-member countries, as regards the update of the nomenclature of countries and territories (OJ L 328, 28.11.2012, p. 7). The code “ZZ” represents “other origins”.’
|
24.10.2014 |
EN |
Official Journal of the European Union |
L 305/102 |
COMMISSION REGULATION (EU) No 1129/2014
of 21 October 2014
establishing a prohibition of fishing for haddock in Union and international waters of Vb and VIa by vessels flying the flag of Spain
THE EUROPEAN COMMISSION,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to Council Regulation (EC) No 1224/2009 of 20 November 2009 establishing a Community control system for ensuring compliance with the rules of the common fisheries policy (1), and in particular Article 36(2) thereof,
Whereas:
|
(1) |
Council Regulation (EU) No 43/2014 (2) lays down quotas for 2014. |
|
(2) |
According to the information received by the Commission, catches of the stock referred to in the Annex to this Regulation by vessels flying the flag of or registered in the Member State referred to therein have exhausted the quota allocated for 2014. |
|
(3) |
It is therefore necessary to prohibit fishing activities for that stock, |
HAS ADOPTED THIS REGULATION:
Article 1
Quota exhaustion
The fishing quota allocated to the Member State referred to in the Annex to this Regulation for the stock referred to therein for 2014 shall be deemed to be exhausted from the date set out in that Annex.
Article 2
Prohibitions
Fishing activities for the stock referred to in the Annex to this Regulation by vessels flying the flag of or registered in the Member State referred to therein shall be prohibited from the date set out in that Annex. In particular it shall be prohibited to retain on board, relocate, tranship or land fish from that stock caught by those vessels after that date.
Article 3
Entry into force
This Regulation shall enter into force on the 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, 21 October 2014.
For the Commission,
On behalf of the President,
Lowri EVANS
Director-General for Maritime Affairs and Fisheries
(1) OJ L 343, 22.12.2009, p. 1.
(2) Council Regulation (EU) No 43/2014 of 20 January 2014 fixing for 2014 the fishing opportunities for certain fish stocks and groups of fish stocks, applicable in Union waters and, to Union vessels, in certain non-Union waters (OJ L 24, 28.1.2014, p. 1).
ANNEX
|
No |
58/TQ43 |
|
Member State |
Spain |
|
Stock |
HAD/5BC6A |
|
Species |
Haddock (Melanogrammus aeglefinus) |
|
Zone |
Union and international waters of Vb and VIa |
|
Closing date |
26.9.2014 |
|
24.10.2014 |
EN |
Official Journal of the European Union |
L 305/104 |
COMMISSION IMPLEMENTING REGULATION (EU) No 1130/2014
of 22 October 2014
opening a tariff quota for the year 2015 for the importation into the European Union of certain goods originating in Norway resulting from the processing of agricultural products covered by Regulation (EU) No 510/2014 of the European Parliament and of the Council
THE EUROPEAN COMMISSION,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to Regulation (EU) No 510/2014 of the European Parliament and of the Council of 16 April 2014 laying down the trade arrangements applicable to certain goods resulting from the processing of agricultural products and repealing Council Regulations (EC) No 1216/2009 and (EC) No 614/2009 (1), and in particular Article 16(1)(a) thereof,
Having regard to Council Decision 2004/859/EC of 25 October 2004 concerning the conclusion of an Agreement in the form of an Exchange of Letters between the European Community and the Kingdom of Norway on Protocol 2 to the bilateral Free Trade Agreement between the European Economic Community and the Kingdom of Norway (2), and in particular Article 3 thereof,
Whereas:
|
(1) |
Protocol 2 to the Agreement between the European Economic Community and the Kingdom of Norway of 14 May 1973 (3) (‘the bilateral Free trade agreement between the European Economic Community and the Kingdom of Norway’) and Protocol 3 to the EEA Agreement (4) determine the trade arrangements for certain agricultural and processed agricultural products between the Contracting Parties. |
|
(2) |
Protocol 3 to the EEA Agreement provides for a zero-rated duty that applies to waters containing added sugar or other sweetening matter or flavoured, classified under CN code 2202 10 00, and other non-alcoholic beverages, not containing products of headings 0401 to 0404 or fat obtained from products of headings 0401 to 0404, classified under CN code 2202 90 10. |
|
(3) |
The zero-rated duty for those waters and those other beverages has temporarily, for an unlimited period of time, been suspended for Norway by the Agreement in the form of an Exchange of Letters between the European Community and the Kingdom of Norway concerning Protocol 2 to the bilateral Free Trade Agreement between the European Economic Community and the Kingdom of Norway (5) (hereinafter referred to as ‘the Agreement in the form of an Exchange of Letters’) approved by Decision 2004/859/EC. In accordance with the Agreement in the form of an Exchange of Letters, duty-free imports of goods with CN codes 2202 10 00 and ex 2202 90 10 that originate in Norway are to be allowed only within the limits of a duty-free quota. A duty is to be paid for imports that exceed the quota allocation. |
|
(4) |
Commission Implementing Regulation (EU) No 1322/2013 (6) provided for the temporary suspension of the duty-free regime not to be applied to imports into the Union of those waters and beverages from 1 January to 31 December 2014, thus granting those goods unlimited duty free access to the Union. |
|
(5) |
The tariff quota for those waters and beverages for 2015 is to be opened in accordance with the Agreement in the Form of an Exchange of Letters. The last annual quota for those products was opened for 2013 by Commission Implementing Regulation (EU) No 1085/2012 (7).As no annual quota was opened for 2014, it is appropriate to set the quota volume for 2015 at the same level as for 2013. |
|
(6) |
Commission Regulation (EEC) No 2454/93 (8) lays down rules for managing tariff quotas. The tariff quota opened by this Regulation should be managed in accordance with those rules. |
|
(7) |
The measures provided for in this Regulation are in accordance with the opinion of the Committee on horizontal questions concerning trade in processed agricultural products not listed in Annex I, |
HAS ADOPTED THIS REGULATION:
Article 1
1. From 1 January to 31 December 2015, the duty free tariff quota set out in the Annex will be open for goods originating in Norway which are listed in that Annex, under the conditions specified therein.
2. The rules of origin laid down in Protocol 3 to the Agreement between the European Economic Community and the Kingdom of Norway of 14 May 1973 shall apply to the goods listed in the Annex to this Regulation.
3. For quantities imported above the quota volume, a preferential duty of 0,047 EUR/litre shall apply.
Article 2
The Union tariff quota referred to in Article 1(1) shall be managed by the Commission in accordance with Articles 308a, 308b and 308c of Regulation (EEC) No 2454/93.
Article 3
This Regulation shall enter into force on the third day following that of its publication in the Official Journal of the European Union.
It shall apply from 1 January 2015.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 22 October 2014.
For the Commission
The President
José Manuel BARROSO
(1) OJ L 150, 20.5.2014, p. 1.
(2) OJ L 370, 17.12.2004, p. 70.
(3) OJ L 171, 27.6.1973, p. 2.
(5) OJ L 370, 17.12.2004, p. 72.
(6) Commission Implementing Regulation (EU) No 1322/2013 of 11 December 2013 on the granting of unlimited duty-free access to the Union for 2014 to certain goods originating in Norway resulting from the processing of agricultural products covered by Council Regulation (EC) No 1216/2009 (OJ L 333, 12.12.2013, p. 68).
(7) Commission Implementing Regulation (EU) No 1085/2012 of 20 November 2012 opening the tariff quota for the year 2013 for the importation into the European Union of certain goods originating in Norway resulting from the processing of agricultural products covered by Council Regulation (EC) No 1216/2009 (OJ L 322, 21.11.2012, p. 2).
(8) Commission Regulation (EEC) No 2454/93 of 2 July 1993 laying down provisions for the implementation of Council Regulation (EEC) No 2913/92 establishing the Community Customs Code (OJ L 253, 11.10.1993, p. 1).
ANNEX
Duty free tariff quota for 2015 applicable to imports into the Union of certain goods originating in Norway
|
Order No |
CN code |
Description of goods |
Quota Volume |
||
|
09.0709 |
2202 10 00 |
|
17,303 million litres |
||
|
ex 2202 90 10 |
|
|
24.10.2014 |
EN |
Official Journal of the European Union |
L 305/107 |
COMMISSION IMPLEMENTING REGULATION (EU) No 1131/2014
of 23 October 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 Regulation (EU) No 1308/2013 of the European Parliament and of the Council of 17 December 2013 establishing a common organisation of the markets in agricultural products and repealing Council Regulations (EEC) No 922/72, (EEC) No 234/79, (EC) No 1037/2001 and (EC) No 1234/2007 (1),
Having regard to Commission 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, 23 October 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 |
AL |
62,5 |
|
MA |
116,8 |
|
|
MK |
65,0 |
|
|
XS |
78,2 |
|
|
ZZ |
80,6 |
|
|
0707 00 05 |
AL |
59,9 |
|
MK |
50,7 |
|
|
TR |
121,6 |
|
|
ZZ |
77,4 |
|
|
0709 93 10 |
MA |
107,9 |
|
TR |
138,1 |
|
|
ZZ |
123,0 |
|
|
0805 50 10 |
AR |
78,7 |
|
CL |
106,8 |
|
|
TR |
107,3 |
|
|
UY |
86,1 |
|
|
ZA |
84,3 |
|
|
ZZ |
92,6 |
|
|
0806 10 10 |
BR |
252,0 |
|
MD |
39,0 |
|
|
PE |
348,0 |
|
|
TR |
150,9 |
|
|
ZZ |
197,5 |
|
|
0808 10 80 |
BA |
34,8 |
|
BR |
52,6 |
|
|
CL |
85,5 |
|
|
CN |
117,7 |
|
|
MD |
27,7 |
|
|
NZ |
144,6 |
|
|
US |
191,0 |
|
|
ZA |
154,6 |
|
|
ZZ |
101,1 |
|
|
0808 30 90 |
TR |
116,3 |
|
ZZ |
116,3 |
|
(1) Nomenclature of countries laid down by Commission Regulation (EU) No 1106/2012 of 27 November 2012 implementing Regulation (EC) No 471/2009 of the European Parliament and of the Council on Community statistics relating to external trade with non-member countries, as regards the update of the nomenclature of countries and territories (OJ L 328, 28.11.2012, p. 7). Code ‘ZZ’ stands for ‘of other origin’.
DECISIONS
|
24.10.2014 |
EN |
Official Journal of the European Union |
L 305/109 |
COUNCIL DECISION
of 9 October 2014
on the position to be adopted on behalf of the European Union within the Stabilisation and Association Council established by the Stabilisation and Association Agreement between the European Communities and their Member States, of the one part, and the Republic of Albania, of the other part, as regards the replacement of Protocol 4 to that Agreement, concerning the definition of the concept of ‘originating products’ and methods of administrative cooperation, by a new protocol which, as regards the rules of origin, refers to the Regional Convention on pan-Euro-Mediterranean preferential rules of origin
(2014/737/EU)
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty on the Functioning of the European Union, and in particular the first subparagraph of Article 207(4) in conjunction with Article 218(9) thereof,
Having regard to the proposal from the European Commission,
Whereas:
|
(1) |
Protocol 4 to the Stabilisation and Association Agreement between the European Communities and their Member States, of the one part, and the Republic of Albania, of the other part (1) (‘the Agreement’) concerns the definition of the concept of ‘originating products’ and methods of administrative cooperation (‘Protocol 4’). |
|
(2) |
The Regional Convention on pan-Euro-Mediterranean preferential rules of origin (2) (‘the Convention’) lays down provisions on the origin of goods traded under relevant agreements concluded between the contracting parties to the Convention. Albania and other participants to the Stabilisation and Association Process from the Western Balkans were invited to join the system of pan-European diagonal cumulation of origin in the Thessaloniki agenda, endorsed by the European Council of June 2003. They were invited to join the Convention by a decision of the Euro-Mediterranean Ministerial Conference of October 2007. |
|
(3) |
The Union and Albania signed the Convention on 15 June 2011 and 27 June 2011 respectively. |
|
(4) |
The Union and Albania deposited their instruments of acceptance with the depositary of the Convention on 26 March 2012 and 5 March 2012 respectively. As a consequence, in application of Article 10(3) of the Convention, the Convention entered into force in relation to both the Union and Albania on 1 May 2012. |
|
(5) |
Article 6 of the Convention provides that each contracting party to the Convention is to take appropriate measures to ensure that the Convention is effectively applied. To that effect, the Stabilisation and Association Council established by the Agreement should adopt a decision replacing Protocol 4 by a new protocol which, with regard to the rules of origin, refers to the Convention. |
|
(6) |
The position of the Union within the Stabilisation and Association Council should therefore be based on the attached draft decision, |
HAS ADOPTED THIS DECISION:
Article 1
1. The position to be adopted on behalf of the European Union within the Stabilisation and Association Council established by the Stabilisation and Association Agreement between the European Communities and their Member States, of the one part, and the Republic of Albania, of the other part, as regards the replacement of Protocol 4 to that Agreement, concerning the definition of the concept of ‘originating products’ and methods of administrative cooperation, by a new protocol which, as regards the rules of origin, refers to the Regional Convention on pan-Euro-Mediterranean preferential rules of origin, shall be based on the draft decision of the Stabilisation and Association Council attached to this Decision.
2. Minor changes to the draft decision of the Stabilisation and Association Council may be agreed to by the representatives of the Union in the Stabilisation and Association Council without further decision of the Council.
Article 2
The decision of the Stabilisation and 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, 9 October 2014.
For the Council
The President
A. ALFANO
DRAFT
DECISION No OF THE EU-ALBANIA STABILISATION AND ASSOCIATION COUNCIL
of
replacing Protocol 4 to the Stabilisation and Association Agreement between the European Communities and their Member States, of the one part, and the Republic of Albania, of the other part, concerning the definition of the concept of ‘originating products’ and methods of administrative cooperation
THE EU-ALBANIA STABILISATION AND ASSOCIATION COUNCIL,
Having regard to the Stabilisation and Association Agreement between the European Communities and their Member States, of the one part, and the Republic of Albania, of the other part, signed in Luxembourg on 12 June 2006 (1), and in particular its Article 41,
Having regard to Protocol 4 to the Stabilisation and Association Agreement between the European Communities and their Member States, of the one part, and the Republic of Albania, of the other part concerning the definition of the concept of ‘originating products’ and methods of administrative cooperation,
Whereas:
|
(1) |
Article 41 of the Stabilisation and Association Agreement between the European Communities and their Member States, of the one part, and the Republic of Albania, of the other part (‘the Agreement’) refers to Protocol 4 to the Agreement (‘Protocol 4’) which lays down the rules of origin and provides for cumulation of origin between the European Union, Albania, Turkey and any country or territory participating in the European Union's Stabilisation and Association Process. |
|
(2) |
Article 38 of Protocol 4 provides that the Stabilisation and Association Council provided for in Article 116 of the Agreement may decide to amend the provisions of Protocol 4. |
|
(3) |
The Regional Convention on pan-Euro-Mediterranean preferential rules of origin (2) (‘the Convention’) aims to replace the protocols on rules of origin currently in force among the countries of the pan-Euro-Mediterranean area with a single legal act. Albania and other participants to the Stabilisation and Association Process from the Western Balkans were invited to join the system of pan-European diagonal cumulation of origin in the Thessaloniki agenda, endorsed by the European Council of June 2003. They were invited to join the Convention by a decision of the Euro-Mediterranean Ministerial Conference of October 2007. |
|
(4) |
The European Union and Albania signed the Convention on 15 June 2011 and 27 June 2011 respectively. |
|
(5) |
The European Union and Albania deposited their instruments of acceptance with the depositary of the Convention on 26 March 2012 and 5 March 2012 respectively. Consequently, in application of Article 10(3) of the Convention, the Convention entered into force in relation to both the European Union and Albania on 1 May 2012. |
|
(6) |
Where the transition towards the Convention is not simultaneous for all contracting parties to the Convention within the cumulation zone, it should not lead to any less favourable situation than previously under Protocol 4. |
|
(7) |
Protocol 4 should therefore be replaced by a new protocol making reference to the Convention, |
HAS ADOPTED THIS DECISION:
Article 1
Protocol 4 to the Stabilisation and Association Agreement between the European Communities and their Member States, of the one part, and the Republic of Albania, of the other part, concerning the definition of the concept of ‘originating products’ and methods of administrative cooperation shall be replaced by the text set out in the Annex to this Decision.
Article 2
This Decision shall enter into force on the date of its adoption.
It shall apply from…
Done at
For the EU-Albania Stabilisation and Association Council
The President
ANNEX
Protocol 4
concerning the definition of the concept of ‘originating products’ and methods of administrative cooperation
Article 1
Applicable rules of origin
1. For the purpose of implementing this Agreement, Appendix I and the relevant provisions of Appendix II to the Regional Convention on pan-Euro-Mediterranean preferential rules of origin (1) (‘the Convention’) shall apply.
2. All references to the ‘relevant agreement’ in Appendix I and in the relevant provisions of Appendix II to the Regional Convention on pan-Euro-Mediterranean preferential rules of origin shall be construed so as to mean this Agreement.
Article 2
Dispute settlement
1. Where disputes arise in relation to the verification procedures of Article 32 of Appendix I to the Convention that cannot be settled between the customs authorities requesting the verification and the customs authorities responsible for carrying out that verification, they shall be submitted to the Stabilisation and Association Council.
2. In all cases the settlement of disputes between the importer and the customs authorities of the importing country shall take place under the legislation of that country.
Article 3
Amendments to the Protocol
The Stabilisation and Association Council may decide to amend the provisions of this Protocol.
Article 4
Withdrawal from the Convention
1. Should either the European Union or Albania give notice in writing to the depositary of the Convention of their intention to withdraw from the Convention according to Article 9 of the Convention, the European Union and Albania shall immediately enter into negotiations on rules of origin for the purpose of implementing this Agreement.
2. Until the entry into force of such newly negotiated rules of origin, the rules of origin contained in Appendix I and, where appropriate, the relevant provisions of Appendix II to the Convention, applicable at the moment of withdrawal, shall continue to apply to this Agreement. However, as of the moment of withdrawal, the rules of origin contained in Appendix I and, where appropriate, the relevant provisions of Appendix II to the Convention shall be construed so as to allow bilateral cumulation between the European Union and Albania only.
Article 5
Transitional provisions — cumulation
1. Notwithstanding Article 3 of Appendix I to the Convention, the rules on cumulation provided for in Articles 3 and 4 of this Protocol, as amended by the Protocol to the Stabilisation and Association Agreement between the European Communities and their Member States, of the one part, and the Republic of Albania, of the other part, to take account of the accession of the Republic of Croatia to the European Union (2), shall continue to apply between the European Union and Albania until the Convention has entered into application with relation to all Contracting Parties listed in Articles 3 and 4 of this Protocol.
2. Notwithstanding Articles 16(5) and 21(3) of Appendix I of the Convention, where cumulation involves only EFTA States, the Faroe Islands, the European Union, Turkey and the participants in the Stabilisation and Association Process, the proof of origin may be a movement certificate EUR.1 or an origin declaration.
Corrigenda
|
24.10.2014 |
EN |
Official Journal of the European Union |
L 305/115 |
Corrigendum to Directive 2005/36/EC of the European Parliament and of the Council of 7 September 2005 on the recognition of professional qualifications
( Official Journal of the European Union L 255 of 30 September 2005 )
On page 130, Annex V.7, table 5.7.1, entry for Spain (España), column ‘Body awarding the evidence of qualifications’, 7th indent (as corrected by corrigendum published in OJ L 93, 4.4.2008, p. 28):
for:
|
‘— |
Universidad de Santiago de Compostela, escuela técnica superior de arquitectura de La Coruña;’ |
,
read:
|
‘— |
Universidad de A Coruña, escuela técnica superior de arquitectura de La Coruña’ |
.
|
24.10.2014 |
EN |
Official Journal of the European Union |
L 305/115 |
Corrigendum to Council Implementing Regulation (EU) No 1105/2014 of 20 October 2014 implementing Regulation (EU) No 36/2012 concerning restrictive measures in view of the situation in Syria
( Official Journal of the European Union L 301 of 21 October 2014 )
On page 10, Annex, Part II, ‘A. Persons’, entry ‘6.’, fifth column of the table, ‘Date of listing’:
for:
‘ 21.10.2014 ’
read:
‘ 9.5.2011 ’
on page 10, Annex, Part II, ‘A. Persons’, entry ‘33.’, fifth column of the table, ‘Date of listing’:
for:
‘ 21.10.2014 ’
read:
‘ 1.8.2011 ’
on page 11, Annex, Part II, ‘A. Persons’, entry ‘50.’, fifth column of the table, ‘Date of listing’:
for:
‘ 21.10.2014 ’
read:
‘ 2.9.2011 ’
on page 11, Annex, Part II, ‘B. Entities’, entry ‘17.’, fifth column of the table, ‘Date of listing’:
for:
‘ 21.10.2014 ’
read:
‘ 23.9.2011 ’
|
24.10.2014 |
EN |
Official Journal of the European Union |
L 305/116 |
Corrigendum to Council Implementing Decision 2014/730/CFSP of 20 October 2014 implementing Decision 2013/255/CFSP concerning restrictive measures against Syria
( Official Journal of the European Union L 301 of 21 October 2014 )
On page 39, Annex, Part II, ‘A. Personsf’, entry ‘6.’, fifth column of the table, ‘Date of listing’:
for:
‘ 21.10.2014'
read:
'9.5.2011 ’
on page 39, Annex, Part II, ‘A. Persons’, entry ‘33.’, fifth column of the table, ‘Date of listing’:
for:
‘ 21.10.2014'
read:
'1.8.2011 ’
on page 40, Annex, Part II, ‘A. Persons’, entry ‘50.’, fifth column of the table, ‘Date of listing’:
for:
‘ 21.10.2014'
read:
'2.9.2011 ’
on page 40, Annex, Part II, ‘B. Entities’, entry ‘17.’, fifth column of the table, ‘Date of listing’:
for:
‘ 21.10.2014 ’
read:
‘ 23.9.2011 ’