19.2.2015

Official Journal of the European Union

L 45/2

COMMISSION REGULATION (EU) 2015/263

of 16 January 2015

amending Annexes I to IV to Council Regulation (EC) No 44/2001 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters

THE EUROPEAN COMMISSION,

Having regard to the Treaty on the Functioning of the European Union,

Having regard to Council Regulation (EC) No 44/2001 of 22 December 2000 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (1), and in particular Article 74(1) thereof,

Whereas:

(1)

Annex I to Regulation (EC) No 44/2001 lists the rules of national jurisdiction referred to in Articles 3(2) and 4(2) of the Regulation. Annex II contains the lists of courts or competent authorities that have jurisdiction in the Member States to deal with applications for a declaration of enforceability. Annex III lists the courts with which appeals may be lodged against decisions on a declaration of enforceability, and Annex IV enumerates the final appeal procedures against such decisions,

(2)	The Annexes of Regulation (EC) No 44/2001 have been amended on several occasions, most recently by Commission Regulation (EC) No 566/2013 (2),

(3)	Member States have notified the Commission of additional amendments to the lists set out in Annexes I to IV. It is therefore appropriate to publish consolidated versions of the lists contained in those Annexes,

(4)

Pursuant to Article 2 of the Agreement between the European Community and the Kingdom of Denmark on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (3), this Regulation should, under international law, apply to the relations between the European Union and Denmark,

(5)	Regulation (EC) No 44/2001 should therefore be amended accordingly,

HAS ADOPTED THIS REGULATION:

Article 1

Annexes I to IV to Regulation (EC) No 44/2001 are replaced by the text in the Annex to this Regulation.

Article 2

This Regulation shall enter into force on the 20th 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 the Member States in accordance with the Treaties.

Done at Brussels, 16 January 2015.

For the Commission

The President

Jean-Claude JUNCKER

(1) OJ L 12, 16.1.2001, p. 1.

(2) OJ L 167, 19.6.2013, p. 29.

(3) OJ L 299, 16.11.2005, p. 62.

ANNEX

‘

ANNEX I

Rules of jurisdiction referred to in Article 3 (2) and Article 4 (2)

—	in Bulgaria: Article 4, paragraph 1, point 2, of the Private International Law Code,

—	in the Czech Republic: Act No 91/2012 on private international law, in particular, its Article 6,

—	in Denmark: Article 246(2) and (3) of the Administration of Justice Act (lov om rettens pleje),

—	in Germany: Article 23 of the code of civil procedure (Zivilprozeßordnung),

—

in Estonia: Article 86 (jurisdiction at the location of property) of the Code of Civil Procedure (Tsiviilkohtumenetluse seadustik), insofar as the claim is unrelated to that property of the person; Article 100 (claim for termination of application of standard terms) of the Code of Civil Procedure, insofar as the action is to be lodged with the court in whose territorial jurisdiction the standard term was applied,

—	in Greece: Article 40 of the code of civil procedure (Κώδικας Πολιτικής Δικονομίας),

—	in France: Articles 14 and 15 of the civil code (Code civil),

—	in Croatia: Article 54 of the Act on the Resolution of Conflicts of Laws with the Regulations of Other Countries in Specific Relations,

—	in Ireland: the rules which enable jurisdiction to be founded on the document instituting the proceedings having been served on the defendant during his temporary presence in Ireland,

—	in Italy: Articles 3 and 4 of Law 218 of 31 May 1995,

—	in Cyprus: section 21(2) of the Courts of Justice Law No 14 of 1960, as amended,

—	in Latvia: section 27 and paragraphs 3, 5, 6 and 9 of section 28 of the Civil Procedure Law (Civilprocesa likums),

—	in Lithuania: Articles 783(3), 787 and 789(3) of the Code of Civil Procedure (Civilinio proceso kodeksas),

—	in Luxembourg: Articles 14 and 15 of the civil code (Code civil),

—	in Hungary: Article 57 of Law Decree No 13 of 1979 on International Private Law (a nemzetközi magánjogról szóló 1979. évi 13. törvényerejű rendelet),

—	in Malta: Articles 742, 743 and 744 of the Code of Organisation and Civil Procedure — Cap. 12 (Kodiċi ta′ Organizzazzjoni u Proċedura Ċivili — Kap. 12) and Article 549 of the Commercial Code — Cap. 13 (Kodiċi tal-kummerċ — Kap. 13),

—	in Austria: Article 99 of the Law on court Jurisdiction (Jurisdiktionsnorm),

—

in Poland: Article 11037 point 4 and Article 1110 of the Code of Civil Procedure (Kodeks postępowania cywilnego) in so far as the latter establishes jurisdiction exclusively on the basis of one of the following circumstances: the applicant is a Polish citizen or has their habitual residence, domicile or registered office in Poland,

—

in Portugal: Article 63(1) of the Code of Civil Procedure (Código de Processo Civil) in so far as it may encompass exorbitant grounds of jurisdiction, such as the courts for the place in which the branch, agency or other establishment is situated (if situated in Portugal) when the central administration (if situated in a foreign State) is the party sued and Article 10 of the Code of Labour Procedure (Código de Processo do Trabalho) in so far as it may encompass exorbitant grounds of jurisdiction, such as the courts for the place where the plaintiff is domiciled in proceedings relating to individual contracts of employment brought by the employee against the employer,

—	in Romania: Articles 1065-1081 under Title I “International jurisdiction of Romanian courts” in Book VII “International civil procedure” of Act No 134/2010 on the Code of Civil Procedure,

—

in Slovenia: Article 48(2) of the Private International Law and Procedure Act (Zakon o medarodnem zasebnem pravu in postopku) in relation to Article 47(2) of Civil Procedure Act (Zakon o pravdnem postopku) and Article 58 of the Private International Law and Procedure Act (Zakon o medarodnem zasebnem pravu in postopku) in relation to Article 59 of Civil Procedure Act (Zakon o pravdnem postopku),

—	in Slovakia: Articles 37 to 37e of Act No 97/1963 on Private International Law and the Rules of Procedure relating thereto,

—	in Finland: paragraphs 1 and 2 of Section 18(1) of Chapter 10 of the Code of Judicial Procedure (oikeudenkäymiskaari/rättegångsbalken),

—	in Sweden: the first sentence of the first paragraph of Section 3 of Chapter 10 of the Code of Judicial Procedure (rättegångsbalken),

—

in the United Kingdom: the rules which enable jurisdiction to be founded on:

(a)	the document instituting the proceedings having been served on the defendant during his temporary presence in the United Kingdom; or

(b)	the presence within the United Kingdom of property belonging to the defendant; or

(c)	the seizure by the plaintiff of property situated in the United Kingdom.

ANNEX II

The courts or competent authorities to which the application referred to in Article 39 may be submitted are the following:

—	in Belgium, the “tribunal de première instance” or “rechtbank van eerste aanleg” or “erstinstanzliches Gericht”

—	in Bulgaria, the “окръжния съд”,

—	in the Czech Republic, the “okresní soudy”,

—	in Denmark, the “byret”,

—

in Germany,

(a)	the presiding judge of a chamber of the “Landgericht”,

(b)	a notary in a procedure of declaration of enforceability of an authentic instrument,

—	in Estonia, the “maakohus” (county court),

—	in Greece, the “Μονομελές Πρωτοδικείο”,

—	in Spain, the “Juzgado de Primera Instancia”,

—

in France:

(a)	the “greffier en chef du tribunal de grande instance”,

(b)	the “président de la chambre départementale des notaires” in the case of application for a declaration of enforceability of a notarial authentic instrument,

—	in Croatia, the “općinski sudovi” in civil matters, the “Općinski građanski sud u Zagrebu” and the “trgovački sudovi” in commercial matters,

—	in Ireland, the High Court,

—	in Italy, the “corte d'appello”,

—	in Cyprus, the “Επαρχιακό Δικαστήριο” or in the case of a maintenance judgment the “Οικογενειακό Δικαστήριο”,

—	in Latvia, the “rajona (pilsētas) tiesa”,

—	in Lithuania, the “Lietuvos apeliacinis teismas”,

—	in Luxembourg, the presiding judge of the “tribunal d'arrondissement”,

—	in Hungary, the “törvényszék székhelyén működő járásbíróság”, and in Budapest the “Budai Központi Kerületi Bíróság”,

—	in Malta, the “Prim' Awla tal-Qorti Ċivili” or “Qorti tal-Maġistrati ta' Għawdex fil-ġurisdizzjoni superjuri tagħha”, or, in the case of a maintenance judgment, the “Reġistratur tal-Qorti” on transmission by the “Ministru responsabbli għall-Ġustizzja”,

—	in the Netherlands, the “voorzieningenrechter van de rechtbank”,

—	in Austria, the “Bezirksgericht”,

—	in Poland, the “sąd okręgowy”,

—	in Portugal, the “Tribunal de Comarca”,

—	in Romania, the “Tribunal”,

—	in Slovenia, the “okrožno sodišče”,

—	in Slovakia, “okresný súd”,

—	in Finland, the “käräjäoikeus/tingsrätt”,

—	in Sweden, the “Svea hovrätt”,

—

in the United Kingdom:

(a)	in England and Wales, the High Court of Justice, or in the case of a maintenance judgment, the Family Court on transmission by the Secretary of State;

(b)	in Scotland, the Court of Session, or in the case of a maintenance judgment, the Sheriff Court on transmission by the Scottish Ministers;

(c)	in Northern Ireland, the High Court of Justice, or in the case of a maintenance judgment, the Magistrates' Court on transmission by the Department of Justice;

(d)	in Gibraltar, the Supreme Court of Gibraltar, or in the case of a maintenance judgment, the Magistrates' Court on transmission by the Attorney General of Gibraltar.

ANNEX III

The courts with which appeals referred to in Article 43 (2) may be lodged are the following:

—

in Belgium,

(a)	as regards appeal by the defendant, the “tribunal de première instance” or “rechtbank van eerste aanleg” or “erstinstanzliche Gericht”,

(b)	as regards appeal by the applicant, the “Cour d'appel” or “hof van beroep”,

—	in Bulgaria, the “Апелативен съд — София”,

—	in the Czech Republic, the “okresní soudy”,

—	in Denmark, the “landsret”,

—	in Germany, the “Oberlandesgericht”,

—	in Estonia, the “ringkonnakohus”,

—	in Greece the “Εφετείο”,

—	in Spain, the “Juzgado de Primera Instancia” which issued the contested decision, with the appeal to be solved by the “Audiencia Provincial”,

—

in France:

(a)	the “cour d'appel” on decisions allowing the application,

(b)	the presiding judge of the “tribunal de grande instance”, on decisions rejecting the application,

—	in Croatia, “županijski sud” through “općinski sud” in civil matters and “Visoki trgovački sud Republike Hrvatske” through “trgovački sud” in commercial matters,

—	in Ireland, the High Court,

—	in Italy, the “corte d'appello”,

—	in Cyprus, the “Επαρχιακό Δικαστήριο” or in the case of a maintenance judgment the “Οικογενειακό Δικαστήριο”,

—	in Latvia, the “apgabaltiesa” via the “rajona (pilsētas) tiesa”,

—	in Lithuania, the “Lietuvos apeliacinis teismas”,

—	in Luxembourg, the “Cour supérieure de justice” sitting as a court of civil appeal,

—	in Hungary, the “törvényszék székhelyén működő járásbíróság” (in Budapest, the “Budai Központi Kerületi Bíróság”); the appeal is adjudicated by the “törvényszék” (in Budapest, the “Fővárosi Törvényszék”),

—

in Malta, the “Qorti tal-Appell” in accordance with the procedure laid down for appeals in the Kodiċi ta' Organizzazzjoni u Proċedura Ċivili — Kap.12 or in the case of a maintenance judgment by “ċitazzjoni” before the “Prim' Awla tal-Qorti Ċivili jew il-Qorti tal-Maġistrati ta' Għawdex fil-ġurisdizzjoni superjuri tagħha'”,

—	in the Netherlands, the “rechtbank”,

—	in Austria, the “Landesgericht” via the “Bezirksgericht”,

—	in Poland, the “sąd apelacyjny” via the “sąd okręgowy”,

—	in Portugal, the “Tribunal da Relação” is the competent court. The appeals are launched, in accordance with the national law in force, by way of a request addressed to the court which issued the contested decision,

—	in Romania, the “Curte de Apel”,

—	in Slovenia, the “okrožno sodišče”,

—	in Slovakia, the court of appeal through the district court whose decision is being appealed,

—	in Finland, the “hovioikeus/hovrätt”,

—	in Sweden, the “Svea hovrätt”,

—

in the United Kingdom:

(a)	in England and Wales, the High Court of Justice, or in the case of a maintenance judgment, the Family Court;

(b)	in Scotland, the Court of Session, or in the case of a maintenance judgment, the Sheriff Court;

(c)	in Northern Ireland, the High Court of Justice, or in the case of a maintenance judgment, the Magistrates' Court;

(d)	in Gibraltar, the Supreme Court of Gibraltar, of in the case of a maintenance judgment, the Magistrates' Court.

ANNEX IV

The appeals which may be lodged pursuant to Article 44 are the following:

—	in Belgium, Greece, Spain, France, Italy, Luxembourg and the Netherlands, an appeal in cassation,

—	in Bulgaria, “обжалване пред Върховния касационен съд”,

—	in the Czech Republic, appellate review (“dovolání”), action to re-open proceedings (“žaloba na obnovu řízení”) and action in annulment (“žaloba pro zmatečnost”),

—	in Denmark, an appeal to the “Højesteret” with leave from the “Procesbevillingsnævnet”,

—	in Germany, a “Rechtsbeschwerde”,

—	in Estonia, a “kassatsioonikaebus”,

—	in Croatia, an appeal to the “Vrhovni sud Republike Hrvatske”,

—	in Ireland, an appeal on a point of law to the Supreme Court,

—	in Cyprus, an appeal to the Supreme Court,

—	in Latvia, an appeal in cassation to the “Augstākās tiesas Senātā” via the “apgabaltiesā”,

—	in Lithuania, an appeal in cassation to the “Lietuvos Aukščiausiasis Teismas”,

—	in Hungary, “felülvizsgálati kérelem”,

—	in Malta, no further appeal lies to any other court; in the case of a maintenance judgment the “Qorti tal-Appell” in accordance with the procedure laid down for appeal in the “kodiċi ta' Organizzazzjoni u Procedura Ċivili — Kap. 12”,

—	in Austria, a “Revisionsrekurs”,

—	in Poland, “skarga kasacyjna”,

—	in Portugal, an appeal on a point of law,

—	in Romania, a “recursul”,

—	in Slovenia, an appeal to the “Vrhovno sodišče Republike Slovenije”,

—	in Slovakia, the “dovolanie”,

—	in Finland, an appeal to the “korkein oikeus/högsta domstolen”,

—	in Sweden, an appeal to the “Högsta domstolen”,

—	in the United Kingdom, a single further appeal on a point of law.

’

19.2.2015

Official Journal of the European Union

L 45/10

COMMISSION IMPLEMENTING REGULATION (EU) 2015/264

of 18 February 2015

concerning the authorisation of neohesperidine dihydrochalcone as a feed additive for sheep, fish, dogs, calves and certain categories of pigs

(Text with EEA relevance)

THE EUROPEAN COMMISSION,

Having regard to the Treaty on the Functioning of the European Union,

Having regard to Regulation (EC) No 1831/2003 of the European Parliament and of the Council of 22 September 2003 on additives for use in animal nutrition (1), and in particular Article 9(2) thereof,

Whereas:

(1)	Regulation (EC) No 1831/2003 provides for the authorisation of additives for use in animal nutrition and for the grounds and procedures for granting such authorisation. Article 10 provides for the re-evaluation of a feed additive pursuant to Council Directive 70/524/EEC (2).

(2)

Neohesperidine dihydrochalcone was authorised without a time limit in accordance with Directive 70/524/EEC as a feed additive for piglets, dogs, calves and ovines. This substance was subsequently entered in the Register of feed additives established in Article 17 of Regulation (EC) No 1831/2003 as an existing product, in accordance with Article 10(1) of Regulation (EC) No 1831/2003. In accordance with Article 10(2) of Regulation (EC) No 1831/2003 in conjunction with Article 7 thereof, an application was submitted for the re-evaluation of neohesperidine dihydrochalcone as a feed additive for piglets suckling and weaned, pigs for fattening, calves for rearing, calves for fattening, sheep and dogs. An application was also submitted in accordance with Article 7 of that Regulation for a new use via water for drinking for those species and categories of animals and for a new use for fish. The applicant requested this additive to be classified in the category ‘sensory additives’. That application was accompanied by the particulars and documents required under Article 7(3) of Regulation (EC) No 1831/2003.

(3)

The European Food Safety Authority (‘the Authority’) concluded in its opinion of 15 November 2011 (3) that, under the proposed conditions of use in feed for all species concerned except fish, neohesperidine dihydrochalcone does not have an adverse effect on animal health, human health or the environment. The Authority further concluded in the subsequent opinion of 9 April 2014 (4) that the use of neohesperidine dihydrochalcone as a feed additive for fish does not have an adverse effect on animal health, human health or the environment. The Authority considered that no further demonstration of efficacy is necessary since its function in feed is essentially the same as that in food. The Authority does not consider that there is a need for specific requirements of post-market monitoring. It also verified the report on the method of analysis of the feed additives in feed submitted by the Reference Laboratory set up by Regulation (EC) No 1831/2003.

(4)	The assessment shows that the conditions for authorisation, as provided for in Article 5 of Regulation (EC) No 1831/2003, are satisfied. Accordingly, the use of this substance should be authorised as specified in the Annex to this Regulation.

(5)	Since safety reasons do not require the immediate application of the modifications to the conditions of authorisation, it is appropriate to allow a transitional period for interested parties to prepare themselves to meet the new requirements resulting from the authorisation.

(6)	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

The substance specified in the Annex, belonging to the additive category ‘sensory additives’ and to the functional group ‘Flavourings compounds’, is authorised as additive in animal nutrition subject to the conditions laid down in that Annex.

Article 2

The substance specified in the Annex and premixtures containing that substance, which are produced and labelled before 11 September 2015 in accordance with the rules applicable before 11 March 2015 may continue to be placed on the market and used until the existing stocks are exhausted if they are intended for pigs, calves sheep and dogs.

Compound feed, feed materials containing that substance which are produced and labelled before 11 September 2015 in accordance with the rules applicable before 11 March 2015 may continue to be placed on the market and used until the existing stocks are exhausted if they are intended for pigs, calves and sheep.

Compound feed and feed materials containing that substance which are produced and labelled before 11 March 2017 in accordance with the rules applicable before 11 March 2015 may continue to be placed on the market and used until the existing stocks are exhausted if they are intended for dogs.

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.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 18 February 2015.

For the Commission

The President

Jean-Claude JUNCKER

(1) OJ L 268, 18.10.2003, p. 29.

(2) Council Directive 70/524/EEC of 23 November 1970 concerning additives in feedingstuffs (OJ L 270, 14.12.1970, p. 1).

(3) EFSA Journal 2011;9(12):2444.

(4) EFSA Journal 2014;12(5):3669.

ANNEX

Identification number of the additive

Name of the holder of authorisation

Additive

Composition, chemical formula, description, analytical method

Species or category of animal

Maximum age

Minimum content

Maximum content

Other provisions

End of period of authorisation

mg/kg of complete feedingstuff with a moisture content of 12 %.

Category: Sensory additives. Functional group: Flavouring compounds

2b959

—

Neohesperidine dihydrochalcone

Additive composition

Neohesperidine dihydrochalcone

Ethanol ≤ 5 000 mg/kg

Characterisation of the active substance

Neohesperidine dihydrochalcone

C28H36O15

CAS No: 20702-77-6

Neohesperidine dihydrochalcone, solid form, produced by chemical synthesis

Purity: min. 96 % (dried basis)

Method of analysis (1)

For the determination of neohesperidine dihydrochalcone in the feed additive: Thin Layer Chromatography (TLC), European Pharmacopoeia 6,0, method 01/2008:1547.

For the determination of neohesperidine dihydrochalcone in premixtures and feedingstuffs: High-Performance Liquid Chromatography with Diode-Array Detection (HPLC-DAD).

Piglets and pigs for fattening.

—

1.	In the directions for use of the additive and premixture, indicate the storage conditions.

2.	For safety: breathing protection, safety glasses and gloves should be worn during handling.

11 March 2025

Calves

—

Sheep

—

Fish

—

Dogs

—

(1) Details of the analytical methods are available at the following address of the Reference Laboratory: https://ec.europa.eu/jrc/en/eurl/feed-additives/evaluation-reports

19.2.2015

Official Journal of the European Union

L 45/13

COMMISSION IMPLEMENTING REGULATION (EU) 2015/265

of 18 February 2015

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, 18 February 2015.

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 157, 15.6.2011, p. 1.

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	EG	116,3
	IL	80,8
	MA	83,7
	TR	107,8
	ZZ	97,2
0707 00 05	EG	191,6
	TR	185,9
	ZZ	188,8
0709 93 10	MA	194,7
	TR	222,2
	ZZ	208,5
0805 10 20	EG	57,9
	IL	70,0
	MA	48,5
	TN	49,9
	TR	68,9
	ZZ	59,0
0805 20 10	IL	132,4
	MA	105,8
	ZZ	119,1
0805 20 30, 0805 20 50, 0805 20 70, 0805 20 90	EG	93,4
	IL	147,0
	JM	118,8
	MA	116,4
	TR	74,7
	US	129,6
	ZZ	113,3
0805 50 10	EG	41,2
	TR	55,8
	ZZ	48,5
0808 10 80	BR	68,9
	CL	94,8
	US	171,0
	ZZ	111,6
0808 30 90	CL	180,7
	CN	72,3
	ZA	91,0
	ZZ	114,7

(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’.

19.2.2015

Official Journal of the European Union

L 45/16

COMMISSION IMPLEMENTING DECISION (EU) 2015/266

of 16 February 2015

recognising the Isle of Man as free of varroosis and amending the Annex to Implementing Decision 2013/503/EU

(notified under document C(2015) 715)

(Text with EEA relevance)

THE EUROPEAN COMMISSION,

Having regard to the Treaty on the Functioning of the European Union,

Having regard to Council Directive 92/65/EEC of 13 July 1992 laying down animal health requirements governing trade in and imports into the Community of animals, semen, ova and embryos not subject to animal health requirements laid down in specific Community rules referred to in Annex A(I) to Directive 90/425/EEC (1), and in particular Article 15(2) thereof,

Whereas:

(1)	Directive 92/65/EEC lays down the animal health requirements governing trade in and imports into the Union of animals, semen, ova and embryos not subject to the animal health requirements laid down in the specific acts of the Union referred to in Annex F thereto.

(2)	Varroosis in bees is listed under its former name ‘varroasis’ in Annex B to Directive 92/65/EEC. It is caused by ectoparasitic mites of the genus Varroa and has been reported worldwide.

(3)	Article 15 of Directive 92/65/EEC provides that, where a Member State considers that its territory or part of its territory is free from one of the diseases listed in Annex B thereto, it is to submit to the Commission appropriate documentation, on the basis of which a Decision is to be adopted.

(4)

Varroosis spreads through movement of bee brood and direct contact between infested adult bees. The latter is only possible within the bee's flight range. Consequently, only territories where the movement of bee hives and brood can be controlled and which are geographically isolated enough to prevent the migration of bees from the outside can be recognised as disease-free. Moreover, the competent authorities must prove through the results of extended surveillance that the region is indeed free from varroosis and that, to maintain the status, the introduction of live bees and brood is strictly controlled.

(5)	By adopting Commission Implementing Decision 2013/503/EU (2), the Åland Islands in Finland were recognised as a territory that is free from varroosis.

(6)	The United Kingdom asked the Commission to recognise the territory of the Isle of Man as free from varroosis.

(7)

Although the Isle of Man, as an internally self-governing dependency of the British Crown, is not part of the Union, it has a specific limited relationship with the Union. As a result, Regulation (EEC) No 706/73 of the Council (3) provides that for the purpose of applying rules concerning, amongst others, animal health legislation, the United Kingdom and the Isle of Man are to be treated as a single Member State.

(8)

Varroosis is a notifiable disease on the Isle of Man and no bees in any stage of their life cycle, used hives, skeps or any receptacle used to house bees can be moved from mainland United Kingdom to the Isle of Man. In addition it is an island situated in the Irish Sea far outside the flight range of bees and it is therefore geographically sufficiently separated from potentially varroosis-infected areas.

(9)

In accordance with Article 15(1) of Directive 92/65/EEC, the United Kingdom has submitted to the Commission documentation detailing the surveillance measures applied over several years to the bee population on the Isle of Man and the arrangements for verifying the absence of varroosis in that population.

(10)	Following evaluation of the documentation submitted by the United Kingdom, the Isle of Man can be considered as a territory of the United Kingdom free from varroosis.

(11)	The additional guarantees required in trade should therefore be defined, taking into account the measures already provided for in the legislation of the Isle of Man.

(12)	The Annex to Implementing Decision 2013/503/EU should be amended accordingly.

(13)	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

The Annex to Implementing Decision 2013/503/EU is replaced by the Annex to this Decision.

Article 2

This Decision is addressed to the Member States.

Done at Brussels, 16 February 2015.

For the Commission

Vytenis ANDRIUKAITIS

Member of the Commission

(1) OJ L 268, 14.9.1992, p. 54.

(2) Commission Implementing Decision 2013/503/EU of 11 October 2013 recognising parts of the Union as free from varroosis in bees and establishing additional guarantees required in intra-Union trade and imports for the protection of their varroosis-free status (OJ L 273, 15.10.2013, p. 38).

(3) Regulation (EEC) No 706/73 of the Council of 12 March 1973 concerning the Community arrangements applicable to the Channel Islands and the Isle of Man for trade in agricultural products (OJ L 68, 15.3.1973, p. 1).

ANNEX

‘ANNEX

Member States or territories thereof which are recognised as free from varroosis

1	2	3	4	5
ISO-Code	Member State	Territory recognised as free from varroasis	TRACES Code Local Veterinary Unit	Commodities the introduction of which is prohibited into the territory listed in the third column
FI	Finland	Åland islands	FI00300 AHVENANMAAN VALTIONVIRASTO	Capped brood and hatched, adult live honey bees
UK	United Kingdom	Isle of Man	GB06301 ISLE OF MAN	Bees in any stage of their life cycle, used hives, skeps or any receptacle used to house bees’

19.2.2015

Official Journal of the European Union

L 45/19

COMMISSION IMPLEMENTING DECISION (EU) 2015/267

of 17 February 2015

amending Annex II to Decision 2007/777/EC as regards the entry for Japan in the list of third countries or parts thereof from which the introduction of certain meat products and treated stomachs, bladders and intestines into the Union is authorised

(notified under document C(2015) 738)

(Text with EEA relevance)

THE EUROPEAN COMMISSION,

Having regard to the Treaty on the Functioning of the European Union,

Having regard to Council Directive 2002/99/EC of 16 December 2002 laying down the animal health rules governing the production, processing, distribution and introduction of products of animal origin for human consumption (1), and in particular the introductory phrase of Article 8, the first subparagraph of point (1) of Article 8, point (4) of Article 8 and point (c) of paragraph 4 of Article 9 thereof,

Whereas:

(1)	Commission Decision 2007/777/EC (2) lays down animal and public health rules for imports into the Union and the transit and storage in the Union of consignments of certain meat products and treated stomachs, bladders and intestines (‘the commodities’).

(2)

Part 2 of Annex II to Decision 2007/777/EC sets out a list of third countries or parts thereof from which the introduction of the commodities into the Union is authorised, provided that they have undergone the relevant treatments as set out in Part 4 of that Annex. The relevant treatments are to eliminate certain animal health risk linked to the specific commodities and the animal health situation in the third country or parts thereof. Part 4 set outs a non-specific treatment ‘A’ and specific treatments ‘B’ to ‘F’ listed in descending order of severity of the animal health risk linked to the commodity.

(3)

Japan is not listed in Part 2 of Annex II to Decision 2007/777/EC as a third country from which the introduction into the Union of the commodities is authorised. However, Japan has requested that it be added to that list for the commodities obtained from domestic bovine and porcine animals, farmed cloven-hoofed game, poultry and farmed feathered game (except ratites).

(4)

Commission Regulation (EU) No 206/2010 (3) lays down veterinary certification requirements for the introduction into the Union of fresh meat. In accordance with that Regulation, consignments of fresh meat intended for human consumption may only be imported into the Union if they come from third countries, territories or parts thereof listed in Part 1 of Annex II to that Regulation and if they comply with the relevant requirements laid down in Union legislation.

(5)

Japan is listed in Part 1 of Annex II to Regulation (EU) No 206/2010 in respect of consignments of fresh bovine meat and therefore is recognised in Union legislation as providing sufficient animal health guarantees for those consignments. Accordingly, consignments from that third country of the commodities obtained from bovine animals, as referred to in Part 2 of Annex II to Decision 2007/777/EC, should be authorised for introduction into the Union subject to the non-specific treatment ‘A’, as set out in Part 4 of that Annex.

(6)

In 2014 Japan notified the World Organisation for Animal Health (OIE) of outbreaks of highly pathogenic avian influenza (HPAI) of subtype H5 in holdings on its territory. Japan has imposed a stamping-out policy to control that disease and to limit its spread. Furthermore, cases of HPAI of the subtype H5 have been confirmed in wild birds on its territory on several occasions. Accordingly, consignments from that third country of the commodities obtained from poultry, as referred to in Part 2 of Annex II to Decision 2007/777/EC, should be authorised for introduction into the Union subject to the specific treatment ‘D’, as set out in Part 4 of that Annex.

(7)

Japan notifies the OIE of outbreaks of diseases in porcine animals and the disease situation is favourable in that third country, as regards diseases to which porcine animals are susceptible and for which guarantees are to be certified in accordance with Regulation (EU) No 206/2010. Accordingly, consignments from that third country of the commodities obtained from porcine animals, as referred to in Part 2 of Annex II to Decision 2007/777/EC, should be authorised for introduction into the Union provided that they have undergone the specific treatment ‘B’, as set out in Part 4 of that Annex.

(8)	Part 2 of Annex II to Decision 2007/777/EC should therefore be amended in order to authorise the introduction into the Union from Japan of the commodities obtained from domestic bovine and porcine animals, farmed cloven-hoofed game, poultry and farmed feathered game (except ratites).

(9)	Decision 2007/777/EC should therefore be amended accordingly.

(10)	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

Part 2 of Annex II to Decision 2007/777/EC is amended in accordance with the Annex to this Decision.

Article 2

This Decision is addressed to the Member States.

Done at Brussels, 17 February 2015.

For the Commission

Vytenis ANDRIUKAITIS

Member of the Commission

(1) OJ L 18, 23.1.2003, p. 11.

(2) Commission Decision 2007/777/EC of 29 November 2007 laying down the animal and public health conditions and model certificates for imports of certain meat products and treated stomachs, bladders and intestines for human consumption from third countries and repealing Decision 2005/432/EC (OJ L 312, 30.11.2007, p. 49).

(3) Commission Regulation (EU) No 206/2010 of 12 March 2010 laying down lists of third countries, territories or parts thereof authorised for the introduction into the European Union of certain animals and fresh meat and the veterinary certification requirements (OJ L 73, 20.3.2010, p. 1).

ANNEX

In Part 2 of Annex II to Decision 2007/777/EC, the following entry for Japan is inserted between the entry for Iceland and the entry for Kenya:

‘JP

Japan

XXX

XXX’

		ISSN 1977-0677
Official Journal of the European Union		L 45

English edition	Legislation	Volume 58 19 February 2015

Contents		II Non-legislative acts	page
		INTERNATIONAL AGREEMENTS
	*	Notice concerning the entry into force of the Internal Agreement between the Representatives of the Governments of the Member States of the European Union, meeting within the Council, on the financing of European Union aid under the multiannual financial framework for the period 2014 to 2020, in accordance with the ACP-EU Partnership Agreement, and on the allocation of financial assistance for the Overseas Countries and Territories to which Part Four of the Treaty on the Functioning of the European Union applies	1
		REGULATIONS
	*	Commission Regulation (EU) 2015/263 of 16 January 2015 amending Annexes I to IV to Council Regulation (EC) No 44/2001 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters	2
	*	Commission Implementing Regulation (EU) 2015/264 of 18 February 2015 concerning the authorisation of neohesperidine dihydrochalcone as a feed additive for sheep, fish, dogs, calves and certain categories of pigs ( 1 )	10
		Commission Implementing Regulation (EU) 2015/265 of 18 February 2015 establishing the standard import values for determining the entry price of certain fruit and vegetables	13
		DECISIONS
	*	Commission Implementing Decision (EU) 2015/266 of 16 February 2015 recognising the Isle of Man as free of varroosis and amending the Annex to Implementing Decision 2013/503/EU (notified under document C(2015) 715) ( 1 )	16
	*	Commission Implementing Decision (EU) 2015/267 of 17 February 2015 amending Annex II to Decision 2007/777/EC as regards the entry for Japan in the list of third countries or parts thereof from which the introduction of certain meat products and treated stomachs, bladders and intestines into the Union is authorised (notified under document C(2015) 738) ( 1 )	19

		Corrigenda
	*	Corrigendum to Decision No 1/2008 (2008/786/EC) of the EC-EFTA Joint Committee on Common Transit of 16 June 2008 amending the Convention of 20 May 1987 on a common transit procedure ( OJ L 274, 15.10.2008 )	22