ISSN 1977-0677 |
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Official Journal of the European Union |
L 358 |
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English edition |
Legislation |
Volume 57 |
Contents |
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II Non-legislative acts |
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REGULATIONS |
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Commission Regulation (EU) No 1327/2014 of 12 December 2014 amending Regulation (EC) No 1881/2006 as regards maximum levels of polycyclic aromatic hydrocarbons (PAHs) in traditionally smoked meat and meat products and traditionally smoked fish and fishery products ( 1 ) |
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DECISIONS |
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2014/898/CFSP |
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2014/899/EU |
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2014/900/EU |
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Council Decision of 9 December 2014 amending the Council's Rules of Procedure |
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2014/902/EU |
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Commission Decision of 23 July 2014 on State aid SA 15395 (C 11/04) granted by Greece to Olympic Airways (Privatisation) (notified under document C(2014) 5017) ( 1 ) |
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2014/903/EU |
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Commission Decision of 23 July 2014 on State aid SA 24639 (C 61/07) granted by Greece to Olympic Airways Services/Olympic Airlines (notified under document C(2014) 5028) ( 1 ) |
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2014/904/EU |
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2014/905/EU |
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Corrigenda |
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(1) Text with EEA relevance |
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
13.12.2014 |
EN |
Official Journal of the European Union |
L 358/1 |
COUNCIL REGULATION (EU) No 1323/2014
of 12 December 2014
amending Regulation (EU) No 36/2012 concerning restrictive measures in view of the situation in Syria
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty on the Functioning of the European Union, and in particular Article 215 thereof,
Having regard to Council Decision 2013/255/CFSP of 31 May 2013 concerning restrictive measures against Syria (1),
Having regard to the joint proposal from the High Representative of the Union for Foreign Affairs and Security Policy and the European Commission,
Whereas:
(1) |
Council Regulation (EU) No 36/2012 (2) gives effect to most of the measures provided for in Decision 2013/255/CFSP. |
(2) |
On 12 December 2014, the Council adopted Decision 2014/901/CFSP (3) amending Decision 2013/255/CFSP in order to prevent jet fuels and additives being sold, supplied, transferred or exported, whether or not originating in the Union, to any person, entity or body in Syria, or for use in Syria. |
(3) |
Furthermore, it should be prohibited to provide financing or financial assistance, including financial derivatives, as well as insurance and reinsurance or brokering services, to any person, entity or body in Syria or for use in Syria with respect to the sale, supply, transfer or export of jet fuels and additives in Syria, or for use in Syria. |
(4) |
It is necessary to provide for a prohibition on the participation, knowing and intentional, in activities the object or effect of which is to circumvent the provisions of this Regulation. |
(5) |
It is necessary to amend the no claims clause provided for in Regulation (EU) No 36/2012 in accordance with the wording of the Guidelines on implementation and evaluation of restrictive measures (sanctions) in the framework of the EU Common Foreign and Security Policy. |
(6) |
These measures fall within the scope of the Treaty and, therefore, in particular with a view to ensuring their uniform application by economic operators in all Member States, action at the level of the Union is necessary in order to implement them. |
(7) |
Regulation (EU) No 36/2012 should therefore be amended accordingly, |
HAS ADOPTED THIS REGULATION:
Article 1
Regulation (EU) No 36/2012 is amended as follows:
(1) |
The following Article is inserted: ‘Article 7a 1. It shall be prohibited to:
2. Annex Va shall include jet fuel and fuel additives. 3. By way of derogation from paragraph 1, the competent authorities in the Member States as identified on the websites listed in Annex III may authorise the sale, supply, transfer or export of jet fuel and fuel additives and the provision of financing and financial assistance, including financial derivatives, as well as insurance and reinsurance and brokering services related to the sale, supply, transfer or export of jet fuel and fuel additives as identified in Annex Vb to any person, entity or body in Syria, or for use in Syria under such conditions as they deem appropriate, having determined that the jet fuel and fuel additives are required by the United Nations, or bodies acting on its behalf, for humanitarian purposes such as delivering or facilitating the delivery of assistance, including medical supplies, food or the transfer of humanitarian workers and related assistance, or for evacuations from Syria or within Syria. 4. The Member States concerned shall within four weeks inform the other Member States and the Commission of any authorisations granted under this Article. 5. The prohibition laid down in paragraph 1 shall not apply to:
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(2) |
Article 27 is replaced by the following: ‘Article 27 1. No claims in connection with any contract or transaction the performance of which has been affected, directly or indirectly, in whole or in part, by the measures imposed under this Regulation, including claims for indemnity or any other claim of that type, such as a claim for compensation or a claim under a guarantee, in particular a claim for extension or payment of a bond, guarantee or indemnity, particularly a financial guarantee or financial indemnity, of whatever form, shall be satisfied, if they are made by:
2. In any proceedings for the enforcement of a claim, the onus of proving that satisfying the claim is not prohibited under paragraph 1 shall be on the person seeking the enforcement of that claim. 3. This Article is without prejudice to the right of the persons, entities and bodies referred to in paragraph 1 to judicial review of the legality of the non-performance of contractual obligations in accordance with this Regulation.’ |
(3) |
The following Article is inserted: ‘Article 27a It shall be prohibited to participate, knowingly and intentionally, in activities the object or effect of which is to circumvent the provisions of Articles 2a, 3, 3a, 4, 5, 6, 7a, 8, 9, 11, 11a, 11b, 11c, 12, 13, 14, 24, 25, 26 and 26a.’ |
(4) |
Annex I to this Regulation is inserted as Annex Va to Regulation (EU) No 36/2012. |
(5) |
Annex II to this Regulation is inserted as Annex Vb to Regulation (EU) No 36/2012. |
Article 2
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, 12 December 2014.
For the Council
The President
S. GIANNINI
(1) OJ L 147, 1.6.2013, p. 14.
(2) Council Regulation (EU) No 36/2012 of 18 January 2012 concerning restrictive measures in view of the situation in Syria and repealing Regulation (EU) No 442/2011 (OJ L 16, 19.1.2012, p. 1).
(3) Council Decision 2014/901/CFSP of 12 December 2014 amending Decision 2013/255/CFSP concerning restrictive measures against Syria (see page 28 of this Official Journal).
ANNEX I
‘ANNEX Va
JET FUEL AND FUEL ADDITIVES AS REFERRED TO IN ARTICLE 7a(1)
No. |
Description |
CN Code |
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(1) |
Jet fuel (other than kerosene): |
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Spirit type jet fuel (light oils) |
2710 12 70 |
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Other than kerosene (medium oils) |
2710 19 29 |
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(2) |
Kerosene type jet fuel (medium oils) |
2710 19 21 |
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(3) |
Kerosene type jet fuel blended with biodiesel (1) |
2710 20 90 |
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(4) |
Oxidation inhibitors Oxidation inhibitors used in additives for lubricating oils: |
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3811 21 00 |
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3811 29 00 |
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Oxidation inhibitors used for other liquids used for the same purpose as mineral oils: |
3811 90 00 |
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(5) |
Static dissipater additives Static dissipater additives for lubricating oils: |
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3811 21 00 |
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3811 29 00 |
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Static dissipater additives for other liquids used for the same purpose as mineral oils: |
3811 90 00 |
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(6) |
Corrosion inhibitors Corrosion inhibitors for lubricating oils: |
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3811 21 00 |
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3811 29 00 |
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Corrosion inhibitors for other liquids used for the same purpose as mineral oils: |
3811 90 00 |
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(7) |
Fuel system icing inhibitors (anti-icing additives) Fuel system icing inhibitors for lubricating oils: |
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3811 21 00 |
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3811 29 00 |
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Fuel system icing inhibitors for other liquids used for the same purpose as mineral oils: |
3811 90 00 |
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(8) |
Metal de-activators Metal de-activators for lubricating oils: |
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3811 21 00 |
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3811 29 00 |
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Metal de-activator for other liquids used for the same purpose as mineral oils: |
3811 90 00 |
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(9) |
Biocide additives Biocide additives for lubricating oils: |
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3811 21 00 |
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3811 29 00 |
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Biocide additives for other liquids used for the same purpose as mineral oils: |
3811 90 00 |
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(10) |
Thermal stability improver additives Thermal stability improver for lubricating oils: |
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3811 21 00 |
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3811 29 00 |
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Thermal stability improver for other liquids used for the same purpose as mineral oils: |
3811 90 00 ’ |
(1) Provided it still contains 70 % or more by weight of petroleum oils or bituminous mineral oils.
ANNEX II
‘ANNEX Vb
JET FUEL AND FUEL ADDITIVES AS REFERRED TO IN ARTICLE 7a(3)
No. |
Description |
CN Code |
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(1) |
Jet fuel (other than kerosene): |
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Spirit type jet fuel (light oils) |
2710 12 70 |
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Other than kerosene (medium oils) |
2710 19 29 |
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(2) |
Kerosene type jet fuel (medium oils) |
2710 19 21 |
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(3) |
Kerosene type jet fuel blended with biodiesel (1) |
2710 20 90 |
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(4) |
Oxidation inhibitors Oxidation inhibitors used in additives for lubricating oils: |
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3811 21 00 |
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3811 29 00 |
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Oxidation inhibitors used for other liquids used for the same purpose as mineral oils: |
3811 90 00 |
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(5) |
Static dissipater additives Static dissipater additives for lubricating oils: |
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3811 21 00 |
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|
3811 29 00 |
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Static dissipater additives for other liquids used for the same purpose as mineral oils: |
3811 90 00 |
||
(6) |
Metal de-activators Metal de-activators for lubricating oils: |
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3811 21 00 |
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3811 29 00 |
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Metal de-activator for other liquids used for the same purpose as mineral oils: |
3811 90 00 |
||
(7) |
Biocide additives Biocide additives for lubricating oils: |
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3811 21 00 |
||
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3811 29 00 |
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Biocide additives for other liquids used for the same purpose as mineral oils: |
3811 90 00 |
||
(8) |
Thermal stability improver additives Thermal stability improver for lubricating oils: |
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|
3811 21 00 |
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3811 29 00 |
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Thermal stability improver for other liquids used for the same purpose as mineral oils: |
3811 90 00 ’ |
(1) Provided it still contains 70 % or more by weight of petroleum oils or bituminous mineral oils.
13.12.2014 |
EN |
Official Journal of the European Union |
L 358/7 |
COMMISSION REGULATION (EU) No 1324/2014
of 9 December 2014
establishing a prohibition of fishing for cod in Kattegat by vessels flying the flag of Sweden
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, 9 December 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 |
79/TQ43 |
Member State |
Sweden |
Stock |
COD/03AS. |
Species |
Cod (Gadus Morhua) |
Zone |
Kattegat |
Closing date |
8.12.2014 |
13.12.2014 |
EN |
Official Journal of the European Union |
L 358/9 |
COMMISSION REGULATION (EU) No 1325/2014
of 10 December 2014
establishing a prohibition of fishing for cod in Skagerrak by vessels flying the flag of Sweden
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, 10 December 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 |
78/TQ43 |
Member State |
Sweden |
Stock |
COD/03AN. |
Species |
Cod (Gadus Morhua) |
Zone |
Skagerrak |
Closing date |
3.12.2014 |
13.12.2014 |
EN |
Official Journal of the European Union |
L 358/11 |
COMMISSION REGULATION (EU) No 1326/2014
of 10 December 2014
establishing a prohibition of fishing for Greenland halibut in NAFO area 3LMNO by vessels flying the flag of Portugal
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, 10 December 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 |
77/TQ43 |
Member State |
Portugal |
Stock |
GHL/N3LMNO |
Species |
Greenland halibut (Reinhardtius hippoglossoides) |
Zone |
NAFO 3 LMNO |
Closing date |
21.11.2014 |
13.12.2014 |
EN |
Official Journal of the European Union |
L 358/13 |
COMMISSION REGULATION (EU) No 1327/2014
of 12 December 2014
amending Regulation (EC) No 1881/2006 as regards maximum levels of polycyclic aromatic hydrocarbons (PAHs) in traditionally smoked meat and meat products and traditionally smoked fish and fishery products
(Text with EEA relevance)
THE EUROPEAN COMMISSION,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to Council Regulation (EEC) No 315/93 of 8 February 1993 laying down Community procedures for contaminants in food (1), and in particular Article 2(3) thereof,
Whereas:
(1) |
Commission Regulation (EC) No 1881/2006 (2) sets maximum levels for polycyclic aromatic hydrocarbons (PAHs) in food, including smoked meat and meat products and smoked fish and fishery products. |
(2) |
According to that Regulation, maximum levels for PAHs must be safe and as low as reasonably achievable (ALARA) based upon good manufacturing and agricultural/fishery practices. In 2011, data for smoked fish and smoked meat have shown that lower maximum levels were achievable. Nevertheless, adaptations of smoking technology were necessary in some cases. Therefore, for smoked meat and meat products and smoked fish and fishery products a transition period of three years was granted before the lower maximum levels become applicable as from 1 September 2014. |
(3) |
However recent evidence is demonstrating that, despite the application of good smoking practices to the extent possible, the lower levels for PAHs are not achievable in several Member States in certain cases of traditionally smoked meat and meat products and traditionally smoked fish and fishery products, as in those cases the smoking practices cannot be changed without changing significantly the organoleptic characteristics of the food. Consequently such traditionally smoked products would disappear from the market resulting in the closure of many small and medium size enterprises (SMEs). |
(4) |
Therefore it is appropriate to provide a derogation from the application of the lower maximum levels for PAHs as of 1 September 2014 for certain Member States for 3 years for local production and consumption of traditionally smoked meat and meat products and/or fish and fishery products. The current applicable maximum levels should continue to apply to those smoked products. This derogation should cover generally all meat and meat products and/or fish and fishery products without giving specific names of foodstuffs. |
(5) |
The Member States concerned should continue to monitor the presence of PAHs in those products and to establish programmes to implement good smoking practices where possible. |
(6) |
Within three years from the application of this Regulation, the situation should be re-assessed on the basis of all available information, which could result in a more limited and detailed list of smoked meat and meat products, fish and fishery products for which then a derogation for local production and consumption could be granted without a time limit. |
(7) |
The measures provided for in this Regulation are in accordance with the opinion of the Standing Committee on Plants, Animals, Food and Feed, |
HAS ADOPTED THIS REGULATION:
Article 1
Amendment to Regulation (EC) No 1881/2006
In Article 7 of Regulation (EC) No 1881/2006 the following paragraphs 6 and 7 are added:
‘6. By way of derogation from Article 1, Ireland, Spain, Croatia, Cyprus, Latvia, Poland, Portugal, Romania, Slovak Republic, Finland, Sweden and the United Kingdom may authorise the placing on their market of traditionally smoked meat and smoked meat products, smoked in their territory and intended for consumption in their territory with levels of PAHs higher than those set out in point 6.1.4. of the Annex, provided that those products comply with the maximum levels applicable before 1 September 2014, i.e. 5,0 μg/kg for benzo(a)pyrene and 30,0 μg/kg for the sum of benzo(a)pyrene, benz(a)anthracene, benzo(b)fluoranthene and chrysene.
Those Member States shall continue to monitor the presence of PAHs in traditionally smoked meat and smoked meat products and shall establish programmes to implement good smoking practices where possible, within the limits of what is economically feasible and what is possible without losing typical organoleptic characteristics of those products.
Within 3 years from the application of the Regulation, the situation shall be re-assessed, on the basis of all available information, in view of determining a list of smoked meat and smoked meat products for which the derogation for local production and consumption shall be continued without a time limit.
7. By way of derogation from Article 1, Ireland, Latvia, Romania, Finland, Sweden and the United Kingdom may authorise the placing on their market of traditionally smoked fish and smoked fishery products, smoked in their territory and intended for consumption in their territory with levels of PAHs higher than those set out in point 6.1.5. of the Annex, provided that those smoked products comply with the maximum levels applicable before 1 September 2014, i.e. 5,0 μg/kg for benzo(a)pyrene and 30,0 μg/kg for the sum of benzo(a)pyrene, benz(a)anthracene, benzo(b)fluoranthene and chrysene.
These Member States shall continue to monitor the presence of PAHs in traditionally smoked fish and smoked fishery products and shall establish programmes to implement good smoking practices where possible, within the limits of what is economically feasible and what is possible without losing typical organoleptic characteristics of those products.
Within 3 years from the application of this Regulation, the situation shall be re-assessed, on the basis of all available information, in view of determining a list of smoked fish and smoked fishery products for which the derogation for local production and consumption shall be continued without a time limit.’
Article 2
Entry into force and application
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 as from 1 September 2014.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 12 December 2014.
For the Commission
The President
Jean-Claude JUNCKER
(2) Commission Regulation (EC) No 1881/2006 of 19 December 2006 setting maximum levels for certain contaminants in foodstuffs (OJ L 364, 20.12.2006, p. 5).
13.12.2014 |
EN |
Official Journal of the European Union |
L 358/15 |
COMMISSION IMPLEMENTING REGULATION (EU) No 1328/2014
of 12 December 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, 12 December 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 |
61,0 |
IL |
107,2 |
|
MA |
82,2 |
|
TN |
139,2 |
|
TR |
103,8 |
|
ZZ |
98,7 |
|
0707 00 05 |
AL |
63,5 |
EG |
191,6 |
|
TR |
147,2 |
|
ZZ |
134,1 |
|
0709 93 10 |
MA |
64,2 |
TR |
125,6 |
|
ZZ |
94,9 |
|
0805 10 20 |
AR |
35,3 |
MA |
68,6 |
|
SZ |
37,7 |
|
TR |
61,9 |
|
UY |
32,9 |
|
ZA |
45,0 |
|
ZW |
33,9 |
|
ZZ |
45,0 |
|
0805 20 10 |
MA |
64,1 |
ZZ |
64,1 |
|
0805 20 30 , 0805 20 50 , 0805 20 70 , 0805 20 90 |
IL |
97,8 |
TR |
78,7 |
|
ZZ |
88,3 |
|
0805 50 10 |
TR |
68,7 |
ZZ |
68,7 |
|
0808 10 80 |
BR |
55,4 |
CL |
79,9 |
|
NZ |
90,6 |
|
US |
93,6 |
|
ZA |
143,5 |
|
ZZ |
92,6 |
|
0808 30 90 |
CN |
82,9 |
TR |
174,9 |
|
US |
173,2 |
|
ZZ |
143,7 |
(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
13.12.2014 |
EN |
Official Journal of the European Union |
L 358/17 |
POLITICAL AND SECURITY COMMITTEE DECISION BiH/22/2014
of 4 December 2014
on the appointment of the EU Force Commander for the European Union military operation in Bosnia and Herzegovina and repealing Decision BiH/19/2012
(2014/898/CFSP)
THE POLITICAL AND SECURITY COMMITTEE,
Having regard to the Treaty on European Union, and in particular the third paragraph of Article 38 thereof,
Having regard to Council Joint Action 2004/570/CFSP of 12 July 2004 on the European Union military operation in Bosnia and Herzegovina (1), and in particular Article 6(1) thereof,
Whereas:
(1) |
Pursuant to Article 6(1) of Joint Action 2004/570/CFSP, the Council authorised the Political and Security Committee (PSC) to take further decisions on the appointment of the EU Force Commander. |
(2) |
On 27 November 2012, the PSC adopted Decision BiH/19/2012 (2) appointing Major General Dieter HEIDECKER as EU Force Commander for the European Union military operation in Bosnia and Herzegovina. |
(3) |
The EU Operation Commander has recommended the appointment of Major General Johann LUIF as the new EU Force Commander for the European Union military operation in Bosnia and Herzegovina to succeed Major General Dieter HEIDECKER. |
(4) |
The EU Military Committee has supported the recommendation. |
(5) |
Decision BiH/19/2012 should therefore be repealed. |
(6) |
In accordance with Article 5 of Protocol No 22 on the position of Denmark, annexed to the Treaty on European Union and to the Treaty on the Functioning of the European Union, Denmark does not participate in the elaboration and the implementation of decisions and actions of the Union which have defence implications. |
(7) |
On 12 and 13 December 2002, the Copenhagen European Council adopted a Declaration stating that the ‘Berlin plus’ arrangements and the implementation thereof will apply only to those Member States of the Union which are also either NATO members or parties to the ‘Partnership for Peace’, and which have consequently concluded bilateral security agreements with NATO, |
HAS ADOPTED THIS DECISION:
Article 1
Major General Johann LUIF is hereby appointed EU Force Commander for the European Union military operation in Bosnia and Herzegovina as from 15 December 2014.
Article 2
Decision BiH/19/2012 is hereby repealed.
Article 3
This Decision shall enter into force on 15 December 2014.
Done at Brussels, 4 December 2014.
For the Political and Security Committee
The Chairperson
W. STEVENS
(1) OJ L 252, 28.7.2004, p. 10.
(2) Political and Security Committee Decision BiH/19/2012 of 27 November 2012 on the appointment of an EU Force Commander for the European Union military operation in Bosnia and Herzegovina (OJ L 333, 5.12.2012, p. 45).
13.12.2014 |
EN |
Official Journal of the European Union |
L 358/19 |
COUNCIL DECISION
of 9 December 2014
concerning the accession of Croatia to the Convention of 23 July 1990 on the elimination of double taxation in connection with the adjustment of profits of associated enterprises
(2014/899/EU)
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty on European Union,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to the Act of Accession of Croatia, and in particular Articles 3(4) and 3(5) thereof,
Having regard to the recommendation from the European Commission,
After consulting the European Parliament,
Whereas:
(1) |
Convention 90/436/EEC (1) (‘the Arbitration Convention’) was signed at Brussels on 23 July 1990 and entered into force on 1 January 1995. |
(2) |
The Arbitration Convention was amended by a Protocol signed on 25 May 1999 (2), a Convention signed on 21 December 1995 (3) and a Convention signed on 8 December 2004 (4), as well as by Council Decision 2008/492/EC (5). |
(3) |
Pursuant to Article 3(4) of the Act of Accession of Croatia, Croatia is to accede to the conventions and protocols concluded between the Member States, listed in Annex I to the Act of Accession. Those conventions and protocols are to enter into force in relation to Croatia on the date determined by the Council. |
(4) |
Pursuant to Article 3(5) of the Act of Accession of Croatia the Council is to make all adjustments required by reason of Croatia's accession to those conventions and protocols and to publish the adapted texts in the Official Journal of the European Union, |
HAS ADOPTED THIS DECISION:
Article 1
The Arbitration Convention is amended as follows:
(1) |
In Article 2(2), points (i) to (xxvii) are replaced by the following:
|
(2) |
In Article 3(1), the list is replaced by the following:
|
Article 2
The texts of the Arbitration Convention and the Protocol of 25 May 1999, together with the Conventions of 21 December 1995 and of 8 December 2004, drawn up in the Croatian language, shall be authentic under the same conditions as the other language versions of those texts.
Article 3
The Arbitration Convention, as amended by the Protocol of 25 May 1999, the Conventions of 21 December 1995 and of 8 December 2004, Decision 2008/492/EC, as well as by this Decision, shall enter into force between Croatia and each of the other Member States of the Union on 1 January 2015.
Article 4
This Decision shall enter into force on the day following that of its publication in the Official Journal of the European Union.
Done at Brussels, 9 December 2014.
For the Council
The President
P. C. PADOAN
(1) Convention of 23 July 1990 on the elimination of double taxation in connection with the adjustment of profits of associated enterprises (OJ L 225, 20.8.1990, p. 10).
(2) Protocol of 25 May 1999 amending the Convention of 23 July 1990 on the elimination of double taxation in connection with the adjustment of profits of associated enterprises (OJ C 202, 16.7.1999, p. 1).
(3) Convention of 21 December 1995 on the accession of the Republic of Austria, the Republic of Finland and the Kingdom of Sweden to the Convention on the elimination of double taxation in connection with the adjustment of profits of associated enterprises (OJ C 26, 31.1.1996, p. 1).
(4) Convention of 8 December 2004 on the accession of the Czech Republic, the Republic of Estonia, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the Republic of Hungary, the Republic of Malta, the Republic of Poland, the Republic of Slovenia and the Slovak Republic to the Convention on the elimination of double taxation in connection with the adjustment of profits of associated enterprise (OJ C 160, 30.6.2005, p. 1).
(5) Council Decision 2008/492/EC of 23 June 2008 concerning the accession of Bulgaria and Romania to the Convention of 23 July 1990 on the elimination of double taxation in connection with the adjustment of profits of associated enterprises (OJ L 174, 3.7.2008, p. 1).
13.12.2014 |
EN |
Official Journal of the European Union |
L 358/25 |
COUNCIL DECISION
of 9 December 2014
amending the Council's Rules of Procedure
(2014/900/EU)
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty on European Union,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to Article 11(6) of the Council's Rules of Procedure (1),
Whereas:
(1) |
From 1 November 2014, when an act is to be adopted by the Council acting by qualified majority, it must be verified that the Member States constituting the qualified majority represent at least 65 % of the population of the Union. |
(2) |
Until 31 March 2017, when an act is to be adopted by the Council acting by qualified majority, a member of the Council may request that it be adopted in accordance with the qualified majority as defined in Article 3(3) of Protocol No 36 on transitional provisions, annexed to the Treaty on European Union, to the Treaty on the Functioning of the European Union and to the Treaty establishing the European Atomic Energy Community. In that case, a member of the Council may request that a check be made to ensure that the Member States constituting the qualified majority represent at least 62 % of the total population of the Union. |
(3) |
Those percentages are calculated according to the population figures set out in Annex III to the Council's Rules of Procedure (hereinafter ‘Rules of Procedure’). |
(4) |
Article 11(6) of the Rules of Procedure provides that, with effect from 1 January each year, the Council is to amend the figures set out in that Annex, in accordance with the data available to the Statistical Office of the European Union on 30 September of the preceding year. |
(5) |
The Rules of Procedure should therefore be amended accordingly for the year 2015, |
HAS ADOPTED THIS DECISION:
Article 1
Annex III to the Rules of Procedure is replaced by the following:
‘ANNEX III
Figures concerning the population of the Union and the population of each Member State for implementing the provisions concerning qualified majority voting in the Council
For the purposes of implementing Article 16(4) TEU, Article 238(2) and (3) TFEU and Article 3(2) of Protocol No 36, the population of the Union and the population of each Member State, as well as the percentage of each Member State's population in relation to the population of the Union, for the period from 1 January 2015 to 31 December 2015 shall be as follows:
Member State |
Population (× 1 000 ) |
Percentage of the population of the Union |
Germany |
80 704,691 |
15,91 |
France |
66 076,909 |
13,02 |
United Kingdom |
64 105,654 |
12,63 |
Italy |
61 152,798 |
12,05 |
Spain |
46 507,760 |
9,17 |
Poland |
38 018,000 |
7,49 |
Romania |
19 942,642 |
3,93 |
Netherlands |
17 082,000 |
3,37 |
Belgium |
11 203,992 |
2,21 |
Greece |
10 992,783 |
2,17 |
Portugal |
10 427,301 |
2,06 |
Czech Republic |
10 398,697 |
2,05 |
Hungary |
9 877,365 |
1,95 |
Sweden |
9 644,864 |
1,90 |
Austria |
8 511,000 |
1,68 |
Bulgaria |
7 245,677 |
1,43 |
Denmark |
5 621,607 |
1,11 |
Finland |
5 451,270 |
1,07 |
Slovakia |
5 400,598 |
1,06 |
Ireland |
4 604,029 |
0,91 |
Croatia |
4 246,809 |
0,84 |
Lithuania |
2 943,472 |
0,58 |
Slovenia |
2 061,085 |
0,41 |
Latvia |
2 001,468 |
0,39 |
Estonia |
1 315,819 |
0,26 |
Cyprus |
858,000 |
0,17 |
Luxembourg |
549,680 |
0,11 |
Malta |
425,384 |
0,08 |
Total |
507 371,354 |
|
Threshold (62 %) |
314 570,239 |
|
Threshold (65 %) |
329 791,380 ’ |
|
Article 2
This Decision shall enter into force on the day of its publication in the Official Journal of the European Union.
It shall apply from 1 January 2015.
Done at Brussels, 9 December 2014.
For the Council
The President
C. DE VINCENTI
(1) Council Decision 2009/937/EU of 1 December 2009 adopting the Council's Rules of Procedure (OJ L 325, 11.12.2009, p. 35).
13.12.2014 |
EN |
Official Journal of the European Union |
L 358/28 |
COUNCIL DECISION 2014/901/CFSP
of 12 December 2014
amending Decision 2013/255/CFSP concerning restrictive measures against Syria
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty on European Union, and in particular Article 29 thereof,
Having regard to Council Decision 2013/255/CFSP of 31 May 2013 concerning restrictive measures against Syria (1),
Whereas:
(1) |
On 31 May 2013, the Council adopted Decision 2013/255/CFSP. |
(2) |
On 20 October 2014, the Council agreed to impose a prohibition on the export of jet fuel and relevant additives to Syria as they are being used by the Assad regime's air force which undertakes indiscriminate air attacks against the civilian population. |
(3) |
Further action by the Union is needed in order to implement those measures. |
(4) |
Decision 2013/255/CFSP should therefore be amended accordingly, |
HAS ADOPTED THIS DECISION:
Article 1
The following Article is inserted in Decision 2013/255/CFSP:
‘Article 7a
1. The sale, supply, transfer or export of jet fuel and additives specifically formulated for jet fuel to Syria by nationals of Member States, or from the territories of Member States, or using their flag vessels or aircraft, shall be prohibited, whether originating or not in their territories.
2. It shall be prohibited to provide, directly or indirectly, financing or financial assistance, as well as insurance and reinsurance or brokering services, related to any sale, supply, transfer or export of jet fuel and additives as referred to in paragraph 1.
3. The competent authorities of a Member State may authorise the sale, supply, transfer or export of jet fuel and additives to Syria or the provision of direct or indirect financing, financial assistance, insurance, reinsurance or brokering services, necessary for use by the United Nations or bodies acting on its behalf for humanitarian purposes such as delivering or facilitating the delivery of assistance, including medical supplies, food, or the transfer of humanitarian workers and related assistance or for evacuations from Syria or within Syria.
4. The prohibitions in paragraphs 1 and 2 shall not apply to jet fuel and additives exclusively used by non-Syrian civilian aircraft landing in Syria, provided that they are intended and used solely for the continuation of the flight operation of the aircraft into which they were loaded.
5. The Union shall take the necessary measures in order to determine the relevant items to be covered by this Article.’
Article 2
This Decision shall enter into force on the date of its publication in the Official Journal of the European Union.
Done at Brussels, 12 December 2014.
For the Council
The President
S. GIANNINI
13.12.2014 |
EN |
Official Journal of the European Union |
L 358/30 |
COMMISSION DECISION
of 23 July 2014
on State aid SA 15395 (C 11/04) granted by Greece to Olympic Airways (Privatisation)
(notified under document C(2014) 5017)
(Only the Greek text is authentic)
(Text with EEA relevance)
(2014/902/EU)
THE EUROPEAN COMMISSION,
Having regard to the Treaty on the Functioning of the European Union, and in particular the first subparagraph of Article 108(2) thereof,
Having regard to the Agreement on the European Economic Area, and in particular Article 62(1)(a) thereof,
Having called on interested parties to submit their comments pursuant to the provisions cited above,
Whereas:
I. PROCEDURE
(1) |
By Decision C(2004) 772 of 16 March 2004 (1), the Commission decided to initiate the procedure laid down in Article 108(2) of the Treaty in respect of a number of financial flows and transfers to and from Olympic Airlines (OAL) and Olympic Airways Services (OAS). |
(2) |
On 14 September 2005, by negative Commission Decision C(2005) 2706 (2), the Commission closed case C11/2004 involving illegal and incompatible State aid granted to OAL and OAS. |
(3) |
By Decision C(2008) 5074 of 17 September 2008 (3) and by Decision C(2009) 1824 of 10 March 2009 (4), the Commission authorised the sale of certain key assets of OAL and OAS, concluding that the sale did not entail State aid, provided it was conducted in line with the requirements set out in those decisions. |
(4) |
Subsequently, OAL and OAS were put into liquidation. Their remaining assets were to be sold by the liquidator through a liquidation procedure, and a Monitoring Trustee was appointed to oversee this process. |
(5) |
On 13 September 2010, the General Court partially annulled the negative Commission State aid Decision C(2005) 2706 of 14 September 2005 (5). The General Court found that the Commission had not sufficiently established that some of the contested measures in respect of OAS amounted to illegal State aid incompatible with the internal market and that as regards some of the measures in respect of OAL the Commission had failed to state reasons. |
(6) |
The General Court partially annulled Decision C(2005) 2706 which had ordered the recovery of aid granted a) to Olympic Airlines by way of an overvaluation by EUR 91,5 million of Olympic Airways' assets transferred to Olympic Airlines, for failing to establish/demonstrate that this measure amounted to illegal State aid incompatible with the internal market, and b) to Olympic Airlines by way of accepting discounted aircraft sub-lease payments amounting to EUR 39,75 million, for failing to state reasons. |
(7) |
The Commission did not appeal the partial annulment. |
(8) |
By letters of 8 October 2010, 26 July 2011, 12 October 2011, 7 March 2012, 16 November 2012, 7 February 2013, 25 June 2013 and 19 December 2013 the Commission enquired as to the details and progress of the liquidation process. |
(9) |
The Greek authorities replied by letters of 8 November 2010, 11 August 2011, 15 December 2011, 10 July 2012, 4 February 2013, 22 April 2013 and 5 August 2013. |
II. DESCRIPTION OF THE MEASURES
(10) |
As regards the overvaluation of Olympic Airways' assets, the Commission had concluded in its Decision C(2005) 2706 that by overvaluing the assets transferred to Olympic Airlines at the time of its creation, Greece had granted to Olympic Airways State aid amounting to EUR 91,5 million, which was illegal and incompatible with the internal market. |
(11) |
As regards the sub-lease payments, the Commission found in its Decision C(2005) 2706 that Greece had unlawfully granted State aid to Olympic Airlines by means of the discounted sub-leases concluded with Olympic Airlines. |
(12) |
By letter dated 8 November 2010, the Greek authorities confirmed that as of 2 October 2009, the Athens Court of Appeal had entered both companies into special liquidation in line with Article 14A of Law 3429/2005 as supplemented by Article 40 of Law 3710/2008. |
(13) |
The Greek authorities also confirmed that all commercial activities and operations of the two companies ceased during 2009 and that 'Ethniki Kefalaiou', a wholly-owned subsidiary of the National Bank of Greece, had been appointed as liquidator. |
(14) |
In line with Commission Decision C(2008) 5074 of 17 September 2008, the Monitoring Trustee submitted its final report with regard to the sale of certain key assets of OAL and OAS. |
(15) |
According to the information provided by the Greek authorities and the Monitoring Trustee, all essential parts of the sale process, including the setting-up of the new companies and their sale to an investor at market price and the cessation of operations of the old companies were in compliance with Decision C(2008) 5074 of 17 September 2008. |
(16) |
According to the information provided by the Greek authorities, the liquidation of OAL and OAS is ongoing. There are still some assets left which are unlikely to be easily sold. Once the sale has been completed the registration of the recovery claims will take effect. |
III. CONCLUSION
(17) |
OAL AND OAS have been put into liquidation procedure and certain key assets have been transferred to different purchasers at market price by way of an open, unconditional and non-discriminatory tender procedure, in compliance with Commission Decision C(2008) 5074 of 17 September 2008. Furthermore, most of OAL and OAS assets have been sold and the few remaining are in the process of being sold. As the entities in liquidation are no longer carrying out an economic activity, it is highly improbable that they will ever resume such activity in the future. |
(18) |
Consequently, a formal investigation into the remaining matters is unnecessary. The investigation procedure initiated by Decision C(2004) 772 of 16 March 2004 can, therefore, be closed on the grounds that it lacks useful purpose. |
(19) |
The major part of the recovery obligation imposed by Commission Decision C(2005) 2706 of 14 September 2005 has already taken place. The recovery of an outstanding amount of approximately EUR 70 000 is still pending. According to the Greek authorities, the recovery of this amount is ongoing and the Commission is monitoring the process. |
(20) |
In the light of the above, the procedure initiated by Decision C(2004) 772 of 16 March 2004 which led to Commission recovery Decision C(2005) 2706 of 14 September 2005 as partially annulled by the General Court on 13 September 2010, can be closed. |
(21) |
The Commission underlines the ongoing obligation of the Greek authorities to register any outstanding associated recovery claims in due course and inform the Commission accordingly. |
HAS ADOPTED THIS DECISION:
Article 1
The procedure laid down in Article 108(2) TFEU initiated by Commission Decision C(2004) 772 of 16 March 2004 is closed insofar as it concerns aid granted to Olympic Airlines by way of an overvaluation by EUR 91,5 million of Olympic Airways' assets and aid by way of accepting discounted aircraft sub-lease payments of EUR 39,75 million.
Article 2
This Decision is addressed to the Hellenic Republic.
Done at Brussels, 23 July 2014.
For the Commission
Joaquín ALMUNIA
Vice-president
(1) OJ C 192, 28.7.2004, p. 2.
(5) Judgment in Joined Cases T-415/05, T-416/05 and T-423/05 Hellenic Republic, Olympiakes Aerogrammes AE (Olympic Airlines) and Olympiaki Aeroporia Ypiresies AE (Olympic Airways-Services) v Commission.
13.12.2014 |
EN |
Official Journal of the European Union |
L 358/33 |
COMMISSION DECISION
of 23 July 2014
on State aid SA 24639 (C 61/07) granted by Greece to Olympic Airways Services/Olympic Airlines
(notified under document C(2014) 5028)
(Only the Greek text is authentic)
(Text with EEA relevance)
(2014/903/EU)
THE EUROPEAN COMMISSION,
Having regard to the Treaty on the Functioning of the European Union, and in particular the first subparagraph of Article 108(2) thereof,
Having regard to the Agreement on the European Economic Area, and in particular Article 62(1)(a) thereof,
Having called on interested parties to submit their comments pursuant to the those provisions cited above,
Whereas:
I. PROCEDURE
(1) |
By Decision C(2007) 6555 of 19 December 2007 (1), the Commission decided to initiate the procedure laid down in Article 108(2) of the Treaty, in respect of a number of financial flows and transfers to and from Olympic Airways Services and Olympic Airlines and to look into possible State aid granted to both companies since the adoption of Decision C(2005) 2706 of 14 September 2005 (2). |
(2) |
By Decision C(2008) 5073 of 17 September 2008 (3) the Commission partially closed case C61/2007 (ex NN 71/07), finding that Greece had through various acts and omissions granted illegal State aid incompatible with the internal market to Olympic Airlines (OAL) and Olympic Airways Services (OAS). |
(3) |
The Commission found that as regards potential State aid to Olympic Airways Services by way of payments made in respect of a number of arbitral awards (4), further detailed examination was required and accordingly excluded this issue from the scope of its decision. This was left to be dealt with at a later stage. |
(4) |
By Decision C(2008) 5074 (5) of 17 September 2008 the Commission authorised the sale of certain OAL and OAS assets. This decision provided that since OAL and OAS had ceased trading and were to be placed into liquidation their remaining assets would be sold by the liquidator through the liquidation procedure. A Monitoring Trustee was appointed. |
(5) |
By letters of 8 October 2010, 26 July 2011, 12 October 2011, 7 March 2012, 16 November 2012, 7 February 2013, 25 June 2013 and 19 December 2013 the Commission enquired as to the details and progress of the liquidation process. |
(6) |
The Greek authorities replied by letters of 8 November 2010, 11 August 2011, 15 December 2011, 10 July 2012, 4 February 2013, 22 April 2013 and 5 August 2013. |
II. DESCRIPTION
(7) |
Since 2002 three final negative State aid decisions involving various companies of the Olympic group (Olympic Airways, Olympic Aviation, Olympic Airways Services and Olympic Airlines) (6) identified specific measures granting financial resources exclusively to companies within that group. |
(8) |
By letter dated 25 August 2011 the Greek authorities confirmed that the Athens Court of Appeal had entered OAS and OAL into special liquidation in line with Article 14A of Law 3429/2005, as supplemented by Article 40 of Law 3710/2008. |
(9) |
The Greek authorities have also confirmed that all commercial activities and operations of OAS and OAL ceased during 2009 and ‘Ethniki Kefalaiou’ (a wholly-owned subsidiary of the National Bank of Greece) had been appointed as liquidator. |
(10) |
In line with Commission Decision C(2008) 5074 of 17 September 2008, the appointed Monitoring Trustee provided its final report in the context of the privatisation process of OAL and OAS. |
(11) |
According to the information provided by the Greek authorities and the Monitoring Trustee, all essential parts of the sale process, including the setting-up of the new companies and their sale to an investor at market price and the cessation of operations of the old companies have been carried out in compliance with Decision C(2008) 5074 of 17 September 2008. |
(12) |
According to the information provided by the Greek authorities, the liquidation of OAL and OAS is ongoing. There are still some assets left which are unlikely to be easily sold. Once the sale has been completed the registration of the recovery claims will take effect. |
III. CONCLUSION
(13) |
OAL and OAS have been put into a liquidation procedure and certain key assets have been transferred to different purchasers at market price by way of an open, unconditional and non-discriminatory tender procedure, in compliance with Commission Decision C (2008) 5074 of 17 September 2008. Furthermore, most of OAL and OAS assets have been sold and the few remaining are in the process of being sold. As the entities in liquidation are no longer carrying out an economic activity, it is highly improbable that they will ever resume such activity in the future. |
(14) |
Consequently, an investigation under article 108(2) TFEU of potential State aid to Olympic Airways Services by way of payments made in respect of a number of arbitral awards resulting from actions for damages taken by OAS against the Greek State is unnecessary. The Commission shall not investigate this matter further on the grounds that it lacks useful purpose. |
(15) |
As regards the recovery obligation imposed by Decision C(2008) 5073, the Greek authorities confirmed that the recovery will be effected through the registration of the respective claims in the liquidation procedure of the companies of the Olympic group. In a submission of 16 December 2011, the Greek authorities reported that, once the sale of the remaining assets was finalised, the invitation for creditors to register claims would be published (concerning OAL, this invitation took place in March 2013). The Commission will closely monitor the registration of the outstanding recovery claims in the liquidation procedure of the Olympic companies. |
(16) |
In the light of the above, the remaining part of the investigation procedure initiated by Decision C(2007) 6555 of 19 December 2007 can be closed. |
(17) |
The Commission underlines the ongoing obligation of the Greek authorities to register any outstanding associated recovery claims in due course and inform the Commission accordingly. |
HAS ADOPTED THIS DECISION:
Article 1
The procedure laid down in Article 108(2) TFEU initiated by Commission Decision C(2007) 6555 of 19 December 2007 in respect of potential State aid to Olympic Airways Services by way of payments made in connection to a number of arbitral award resulting from actions for damages taken by OAS against the Greek State is closed.
Article 2
This Decision is addressed to the Hellenic Republic.
Done at Brussels, 23 July 2014.
For the Commission
Joaquín ALMUNIA
Vice-president
(1) State aid to Olympic Airways Services/Olympic Airlines — State aid C 61/07 (ex NN 71/07) (OJ C 50, 23.2.2008, p. 13).
(3) http://ec.europa.eu/competition/state_aid/cases/223423/223423_868403_62_1.pdf.
(4) Resulting from a number of actions for damages by OAS against the Greek State.
(6) Commission Decision C(2003) 372 of 11 December 2002 closing C19/2002.
Commission Decision C(2005) 2706 of 14 September 2005 closing C11/2004.
Commission Decision C(2008) 5073 of 17 September 2008 partially closing C61/2007.
13.12.2014 |
EN |
Official Journal of the European Union |
L 358/36 |
COMMISSION IMPLEMENTING DECISION
of 11 December 2014
determining quantitative limits and allocating quotas for substances controlled under Regulation (EC) No 1005/2009 of the European Parliament and of the Council on substances that deplete the ozone layer, for the period 1 January to 31 December 2015
(notified under document C(2014) 9322)
(Only the Croatian, Czech, Dutch, English, French, German, Hungarian, Italian, Maltese, Polish, Portuguese, and Spanish texts are authentic)
(2014/904/EU)
THE EUROPEAN COMMISSION,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to Regulation (EC) No 1005/2009 of the European Parliament and of the Council of 16 September 2009 on substances that deplete the ozone layer (1), and in particular to Articles 10(2) and 16(1) thereof,
Whereas:
(1) |
The release for free circulation in the Union of imported controlled substances is subject to quantitative limits. |
(2) |
The Commission is required to determine those limits and allocate quotas to undertakings. |
(3) |
Furthermore, the Commission is required to determine the quantities of controlled substances other than hydrochlorofluorocarbons that may be used for essential laboratory and analytical uses, and the companies that may use them. |
(4) |
The determination of the allocated quotas for essential laboratory and analytical uses has to ensure that the quantitative limits set out in Article 10(6) of Regulation (EC) No 1005/2009 are respected, applying Commission Regulation (EU) No 537/2011 (2). As those quantitative limits include quantities of hydrochlorofluorocarbons licensed for laboratory and analytical uses, the production and import of hydrochlorofluorocarbons for those uses should also be covered by that allocation. |
(5) |
The Commission has published a notice to undertakings intending to import or export controlled substances that deplete the ozone layer to or from the European Union in 2015 and to undertakings intending to request for 2015 a quota for these substances intended for laboratory and analytical uses (3), and has thereby received declarations on intended imports in 2015. |
(6) |
The quantitative limits and quotas should be determined for the period 1 January to 31 December 2015, in line with the annual reporting cycle under the Montreal Protocol on Substances that Deplete the Ozone Layer. |
(7) |
The measures provided for in this Decision are in accordance with the opinion of the Committee established by Article 25(1) of Regulation (EC) No 1005/2009, |
HAS ADOPTED THIS DECISION:
Article 1
Quantitative limits for release for free circulation
The quantities of controlled substances subject to Regulation (EC) No 1005/2009 which may be released for free circulation in the Union in 2015 from sources outside the Union shall be the following:
Controlled substances |
Quantity (in ozone depleting potential (ODP) kilograms) |
Group I (chlorofluorocarbons 11, 12, 113, 114 and 115) and group II (other fully halogenated chlorofluorocarbons) |
4 353 700,00 |
Group III (halons) |
30 617 910,00 |
Group IV (carbon tetrachloride) |
22 605 220,00 |
Group V (1,1,1-trichloroethane) |
1 700 001,50 |
Group VI (methyl bromide) |
810 120,00 |
Group VII (hydrobromofluorocarbons) |
2 135,00 |
Group VIII (hydrochlorofluorocarbons) |
6 589 725,80 |
Group IX (bromochloromethane) |
318 012,00 |
Article 2
Allocation of quotas for release for free circulation
1. The allocation of quotas for chlorofluorocarbons 11, 12, 113, 114 and 115 and other fully halogenated chlorofluorocarbons during the period 1 January to 31 December 2015 shall be for the purposes and to the undertakings indicated in Annex I.
2. The allocation of quotas for halons during the period 1 January to 31 December 2015 shall be for the purposes and to the undertakings indicated in Annex II.
3. The allocation of quotas for carbon tetrachloride during the period 1 January to 31 December 2015 shall be for the purposes and to the undertakings indicated in Annex III.
4. The allocation of quotas for 1,1,1-trichloroethane during the period 1 January to 31 December 2015 shall be for the purposes and to the undertakings indicated in Annex IV.
5. The allocation of quotas for methyl bromide during the period 1 January to 31 December 2015 shall be for the purposes and to the undertakings indicated in Annex V.
6. The allocation of quotas for hydrobromofluorocarbons during the period 1 January to 31 December 2015 shall be for the purposes and to the undertakings indicated in Annex VI.
7. The allocation of quotas for hydrochlorofluorocarbons during the period 1 January to 31 December 2015 shall be for the purposes and to the undertakings indicated in Annex VII.
8. The allocation of quotas for bromochloromethane during the period 1 January to 31 December 2015 shall be for the purposes and to the undertakings indicated in Annex VIII.
9. The individual quotas for undertakings shall be as set out in Annex IX.
Article 3
Quotas for laboratory and analytical uses
The quotas for importing and producing controlled substances for laboratory and analytical uses in the year 2015 shall be allocated to the undertakings listed in Annex X.
The maximum quantities that may be produced or imported in 2015 for laboratory and analytical uses allocated to those undertakings are set out in Annex XI.
Article 4
Period of validity
This Decision shall apply from 1 January and shall expire on 31 December 2015.
Article 5
Addressees
This Decision is addressed to the following undertakings:
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Done at Brussels, 11 December 2014.
For the Commission
Miguel ARIAS CAÑETE
Member of the Commission
(1) OJ L 286, 31.10.2009, p. 1.
(2) Commission Regulation (EU) No 537/2011 of 1 June 2011 on the mechanism for the allocation of quantities of controlled substances allowed for laboratory and analytical uses in the Union under Regulation (EC) No 1005/2009 of the European Parliament and of the Council on substances that deplete the ozone layer (OJ L 147, 2.6.2011, p. 4).
ANNEX I
GROUPS I and II
Import quotas for chlorofluorocarbons 11, 12, 113, 114 and 115 and other fully halogenated chlorofluorocarbons allocated to importers in accordance with Regulation (EC) No 1005/2009 for feedstock uses and process agent uses during the period 1 January to 31 December 2015.
Company ABCR Dr Braunagel GmbH & Co. KG (DE) Honeywell Fluorine Products Europe BV (NL) Mexichem UK Limited (UK) Solvay Specialty Polymers Italy SpA (IT) Syngenta Limited (UK) Tazzetti SAU (ES) Tazzetti SpA (IT) TEGA Technische Gase und Gastechnik GmbH (DE) |
ANNEX II
GROUP III
Import quotas for halons allocated to importers in accordance with Regulation (EC) No 1005/2009 for feedstock uses and critical uses during the period 1 January to 31 December 2015.
Company ABCR Dr Braunagel GmbH & Co. KG (DE) Arkema France (FR) Ateliers Bigata (FR) BASF Agri Production SAS (FR) ERAS Labo (FR) Esto Cheb (CZ) Eusebi Impianti Srl (IT) Eusebi Service Srl (IT) Fire Fighting Enterprises Ltd (UK) Gielle di Luigi Galantucci (IT) Halon & Refrigerant Services Ltd (UK) Hugen Reprocessing Company Dutch Halonbank BV (NL) Meridian Technical Services Limited (UK) P.U. POZ-PLISZKA Sp. z o.o. (PL) Safety Hi-Tech srl (IT) Savi Technologie Sp. z o.o. (PL) Simat Prom d.o.o. (HR) |
ANNEX III
GROUP IV
Import quotas for carbon tetrachloride allocated to importers in accordance with Regulation (EC) No 1005/2009 for feedstock uses and process agent uses for the period 1 January to 31 December 2015.
Company Arkema France (FR) Dow Deutschland Anlagengesellschaft mbH (DE) Mexichem UK Limited (UK) |
ANNEX IV
GROUP V
Import quotas for 1,1,1–trichloroethane allocated to importers in accordance with Regulation (EC) No 1005/2009 for feedstock uses for the period 1 January to 31 December 2015.
Company Arkema France (FR) Fujifilm Electronic Materials Europe NV (BE) |
ANNEX V
GROUP VI
Import quotas for methyl bromide allocated to importers in accordance with Regulation (EC) No 1005/2009 for feedstock uses for the period 1 January to 31 December 2015.
Company Albemarle Europe SPRL (BE) ICL-IP Europe BV (NL) Mebrom NV (BE) Sigma-Aldrich Chemie GmbH (DE) |
ANNEX VI
GROUP VII
Import quotas for hydrobromofluorocarbons allocated to importers in accordance with Regulation (EC) No 1005/2009 for feedstock uses for the period 1 January to 31 December 2015.
Company ABCR Dr Braunagel GmbH & Co. KG (DE) Albany Molecular Research (UK) Ltd (UK) Hovione FarmaCiencia SA (PT) R.P. Chem s.r.l. (IT) Sterling Chemical Malta Limited (MT) Sterling SpA (IT) |
ANNEX VII
GROUP VIII
Import quotas for hydrochlorofluorocarbons allocated to importers in accordance with Regulation (EC) No 1005/2009 for feedstock uses for the period 1 January to 31 December 2015.
Company ABCR Dr Braunagel GmbH & Co. KG (DE) Aesica Queenborough Ltd (UK) AGC Chemicals Europe, Ltd (UK) Arkema France (FR) Arkema Quimica SA (ES) Bayer CropScience AG (DE) DuPont de Nemours (Nederland) BV (NL) Dyneon GmbH (DE) Fenix Fluor Limited (UK) GHC Gerling, Holz & Co. Handels GmbH (DE) Honeywell Fluorine Products Europe BV (NL) Mexichem UK Limited (UK) Solvay Fluor GmbH (DE) Solvay Specialty Polymers France SAS (FR) Solvay Specialty Polymers Italy SpA (IT) Tazzetti SAU (ES) Tazzetti SpA (IT) |
ANNEX VIII
GROUP IX
Import quotas for bromochloromethane allocated to importers in accordance with Regulation (EC) No 1005/2009 for feedstock uses for the period 1 January to 31 December 2015.
Company Albemarle Europe SPRL (BE) ICL-IP Europe BV (NL) Laboratorios Miret SA (ES) Sigma-Aldrich Chemie GmbH (DE) Thomas Swan & Co Ltd (UK) |
ANNEX IX
(Commercially sensitive — in confidence — not to be published)
ANNEX X
UNDERTAKINGS ENTITLED TO PRODUCE OR IMPORT FOR LABORATORY AND ANALYTICAL USES IN 2015
The quota of controlled substances which may be used for laboratory and analytical uses, are allocated to:
Company ABCR Dr Braunagel GmbH & Co. KG (DE) Airbus Operations SAS (FR) Arkema France (FR) Biovit d.o.o. (HR) Diverchim SA (FR) Gedeon Richter plc (HU) Honeywell Fluorine Products Europe BV (NL) Honeywell Specialty Chemicals Seelze GmbH (DE) Hudson Technologies Europe S.r.l. (IT) LGC Standards GmbH (DE) Ludwig-Maximilians-University (DE) Merck KGaA (DE) Mexichem UK Limited (UK) Ministry of Defence — Chemical Laboratory — Den Helder (NL) Panreac Quimica S.L.U. (ES) Safety Hi-Tech srl (IT) Sigma-Aldrich Chemie GmbH (DE) Sigma Aldrich Chimie SARL (FR) Sigma Aldrich Company Ltd (UK) Solvay Fluor GmbH (DE) SPEX CertiPrep Ltd (UK) Sterling Chemical Malta Limited (MT) Sterling SpA (IT) Tazzetti SpA (IT) |
ANNEX XI
(Commercially sensitive — in confidence — not to be published)
13.12.2014 |
EN |
Official Journal of the European Union |
L 358/47 |
COMMISSION IMPLEMENTING DECISION
of 11 December 2014
authorising the placing on the market of methyl vinyl ether-maleic anhydride copolymer as a novel food ingredient under Regulation (EC) No 258/97 of the European Parliament and of the Council
(notified under document C(2014) 9333)
(Only the English text is authentic)
(2014/905/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 30 June 2008 the company Reading Scientific Services Ltd made a request to the competent authorities of the Netherlands to place methyl vinyl ether-maleic anhydride copolymer on the market as a novel food ingredient for the use in chewing gum base. |
(2) |
On 14 July 2011, the competent food assessment body of the Netherlands issued its initial assessment report. In that report it came to the conclusion that methyl vinyl ether-maleic anhydride copolymer meets the criteria set out in Article 3(1) of Regulation (EC) No 258/97. |
(3) |
On 18 August 2011, 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 12 June 2012, the Commission consulted the European Food Safety Authority (EFSA) asking it to carry out an additional assessment for methyl vinyl ether-maleic anhydride copolymer as food ingredient in accordance with Regulation (EC) No 258/97. |
(6) |
On 10 October 2013 EFSA adopted a Scientific Opinion on the safety of methyl vinyl ether-maleic anhydride copolymer (chewing gum base ingredient) as a novel food ingredient (2), concluding that it is safe under the proposed uses and use levels. |
(7) |
The opinion gives sufficient grounds to establish that methyl vinyl ether-maleic anhydride copolymer in the proposed use and use levels in chewing gum base complies with the criteria laid down in Article 3(1) of Regulation (EC) No 258/97. |
(8) |
The measures provided for in this Decision are in accordance with the opinion of the Standing Committee on Plants, Animals, Food and Feed, |
HAS ADOPTED THIS DECISION:
Article 1
Methyl vinyl ether-maleic anhydride copolymer as specified in the Annex may be placed on the market in the Union as a novel food ingredient to be used in chewing gum base up to a maximum of 2 % in the finished chewing gum product.
Article 2
The designation of the novel chewing gum base authorised by this Decision on the labelling of the foodstuff containing it shall be ‘gum base (including methyl vinyl ether-maleic anhydride copolymer)’ or ‘gum base (including CAS No 9011-16-9)’.
Article 3
This Decision is addressed to Reading Scientific Services Ltd, The Lord Zuckerman Research Centre, Whiteknights Campus, Pepper lane, Reading, RG6 6LA, United Kingdom.
Done at Brussels, 11 December 2014.
For the Commission
Vytenis ANDRIUKAITIS
Member of the Commission
(2) EFSA Journal 2013;11(10):3423.
ANNEX
SPECIFICATION OF METHYL VINYL ETHER-MALEIC ANHYDRIDE COPOLYMER
Definition:
Methyl vinyl ether-maleic anhydride copolymer is an anhydrous copolymer of methyl vinyl ether and maleic anhydride.
Structural formula:
Description: Free-flowing, white to white-off powder.
Identification:
CAS No |
9011-16-9 |
Purity:
Assay value |
At least 99,5 % in dry matter |
Specific viscosity (1 % MEK) |
2-10 |
Residual methyl vinyl ether |
Not more than 150 ppm |
Residual maleic anhydride |
Not more than 250 ppm |
Acetaldehyde |
Not more than 500 ppm |
Methanol |
Not more than 500 ppm |
Dilauroyl peroxide |
Not more than 15 ppm |
Total heavy metals |
Not more than 10 ppm |
Microbiological criteria:
Total aerobic plate count |
Not more than 500 CFU/g |
Mould/yeast |
Not more than 500 CFU/g |
Escherichia coli |
Negative to test |
Salmonella spp. |
Negative to test |
Staphylococcus aureus |
Negative to test |
Pseudomonas aeruginosa |
Negative to test |
Corrigenda
13.12.2014 |
EN |
Official Journal of the European Union |
L 358/50 |
Corrigendum to Regulation (EU) No 1286/2014 of the European Parliament and of the Council of 26 November 2014 on key information documents for packaged retail and insurance-based investment products (PRIIPs)
( Official Journal of the European Union L 352 of 9 December 2014 )
On page 13, Article 8(5), third subparagraph:
for:
‘ 31 March 2015 ’,
read:
‘ 31 March 2016 ’.