ISSN 1725-2555

Official Journal

of the European Union

L 82

European flag  

English edition

Legislation

Volume 52
28 March 2009


Contents

 

I   Acts adopted under the EC Treaty/Euratom Treaty whose publication is obligatory

page

 

 

REGULATIONS

 

 

Commission Regulation (EC) No 259/2009 of 27 March 2009 establishing the standard import values for determining the entry price of certain fruit and vegetables

1

 

 

II   Acts adopted under the EC Treaty/Euratom Treaty whose publication is not obligatory

 

 

DECISIONS

 

 

Commission

 

 

2009/300/EC

 

*

Commission Decision of 12 March 2009 establishing the revised ecological criteria for the award of the Community Eco-label to televisions (notified under document number C(2009) 1830)  ( 1 )

3

 

 

2009/301/EC

 

*

Commission Decision of 25 March 2009 setting up a High Level Expert Group on Digital Libraries

9

 


 

(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.


I Acts adopted under the EC Treaty/Euratom Treaty whose publication is obligatory

REGULATIONS

28.3.2009   

EN

Official Journal of the European Union

L 82/1


COMMISSION REGULATION (EC) No 259/2009

of 27 March 2009

establishing the standard import values for determining the entry price of certain fruit and vegetables

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Regulation (EC) No 1234/2007 of 22 October 2007 establishing a common organisation of agricultural markets and on specific provisions for certain agricultural products (Single CMO Regulation) (1),

Having regard to Commission Regulation (EC) No 1580/2007 of 21 December 2007 laying down implementing rules for Council Regulations (EC) No 2200/96, (EC) No 2201/96 and (EC) No 1182/2007 in the fruit and vegetable sector (2), and in particular Article 138(1) thereof,

Whereas:

Regulation (EC) No 1580/2007 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 XV, Part A thereto,

HAS ADOPTED THIS REGULATION:

Article 1

The standard import values referred to in Article 138 of Regulation (EC) No 1580/2007 are fixed in the Annex hereto.

Article 2

This Regulation shall enter into force on 28 March 2009.

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

Done at Brussels, 27 March 2009.

For the Commission

Jean-Luc DEMARTY

Director-General for Agriculture and Rural Development


(1)  OJ L 299, 16.11.2007, p. 1.

(2)  OJ L 350, 31.12.2007, 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

IL

82,5

JO

68,6

MA

52,9

TN

109,4

TR

84,4

ZZ

79,6

0707 00 05

JO

167,2

MA

51,1

TR

143,3

ZZ

120,5

0709 90 70

MA

46,1

TR

90,8

ZZ

68,5

0709 90 80

EG

60,4

ZZ

60,4

0805 10 20

EG

40,9

IL

59,3

MA

45,4

TN

48,8

TR

69,1

ZZ

52,7

0805 50 10

TR

54,6

ZZ

54,6

0808 10 80

AR

88,5

BR

79,3

CA

78,6

CL

81,1

CN

71,1

MK

23,7

US

108,1

UY

68,3

ZA

81,1

ZZ

75,5

0808 20 50

AR

88,1

CL

122,0

CN

48,8

US

194,4

ZA

91,7

ZZ

109,0


(1)  Nomenclature of countries laid down by Commission Regulation (EC) No 1833/2006 (OJ L 354, 14.12.2006, p. 19). Code ‘ZZ’ stands for ‘of other origin’.


II Acts adopted under the EC Treaty/Euratom Treaty whose publication is not obligatory

DECISIONS

Commission

28.3.2009   

EN

Official Journal of the European Union

L 82/3


COMMISSION DECISION

of 12 March 2009

establishing the revised ecological criteria for the award of the Community Eco-label to televisions

(notified under document number C(2009) 1830)

(Text with EEA relevance)

(2009/300/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Regulation (EC) No 1980/2000 of the European Parliament and of the Council of 17 July 2000 on a revised Community Eco-label award scheme (1), and in particular the second subparagraph of Article 6(1) thereof,

After consulting the European Union Eco-labelling Board,

Whereas:

(1)

Under Regulation (EC) No 1980/2000 the Community Eco-label may be awarded to a product possessing characteristics which enable it to contribute significantly to improvements in relation to key environmental aspects.

(2)

Regulation (EC) No 1980/2000 provides that specific Eco-label criteria, drawn up on the basis of the criteria drafted by the European Union Eco-labelling Board, are to be established according to product groups.

(3)

It also provides that the review of Eco-label criteria, as well as of the assessment and verification requirements related to those criteria, is to take place in due time before the end of the period of validity of the criteria specified for the product group concerned.

(4)

Pursuant to Regulation (EC) No 1980/2000, a timely review has been carried out of the ecological criteria, as well as of the related assessment and verification requirements established by Commission Decision 2002/255/EC of 25 March 2002 establishing the ecological criteria for the award of the Community Eco-label to televisions (2).

(5)

In the light of this review, it is appropriate, in order to take account of scientific and market developments, to establish new ecological criteria.

(6)

Furthermore, it is appropriate to modify the definition of the product group laid down in that Decision to take account of new technologies.

(7)

In the interests of clarity, Decision 2002/255/EC should therefore be replaced. Since the period of validity of the ecological criteria set in that Decision has been prolonged until 31 October 2009, that Decision should be replaced as from 1 November 2009.

(8)

The ecological criteria, as well as the related assessment and verification requirements, should be valid until 31 October 2013.

(9)

The measures provided for in this Decision are in accordance with the opinion of the Committee instituted by Article 17 of Regulation (EC) No 1980/2000,

HAS ADOPTED THIS DECISION:

Article 1

The product group ‘televisions’ shall comprise:

‘Mains powered electronic equipment, the primary purpose and function of which is to receive, decode and display TV transmission signals.’

Article 2

In order to be awarded the Community Eco-label under Regulation (EC) No 1980/2000, a television must fall within the product group ‘televisions’ and must comply with the criteria set out in the Annex to this Decision.

Article 3

The ecological criteria for the product group ‘televisions’, as well as the related assessment and verification requirements, shall be valid until 31 October 2013.

Article 4

For administrative purposes the code number assigned to televisions shall be ‘022’.

Article 5

Decision 2002/255/EC is repealed.

Article 6

This Decision shall apply from 1 November 2009.

Article 7

This Decision is addressed to the Member States.

Done at Brussels, 12 March 2009.

For the Commission

Stavros DIMAS

Member of the Commission


(1)  OJ L 237, 21.9.2000, p. 1.

(2)  OJ L 87, 4.4.2002, p. 53.


ANNEX

FRAMEWORK

The aims of the criteria

In order to be awarded an Ecolabel, the product shall comply with the criteria of this Annex, which are aimed at promoting:

reduction of environmental damage or risks related to the use of energy (global warming, acidification, depletion of non-renewable energy sources) by reducing energy consumption,

reduction of environmental damage related to the use of natural resources,

reduction of environmental damage related to the use of hazardous substances by reducing the use of such substances,

Additionally, the criteria encourage the implementation of best practice (optimal environmental use) and enhance consumers’ environmental awareness.

The competent bodies are recommended to take into account the implementation of recognised environmental management schemes, such as EMAS or EN ISO 14001, when assessing applications and monitoring compliance with the criteria set out in this Annex (note: it is not required to implement such management schemes).

Assessment and verification requirements

The specific assessment and verification requirements are indicated within each criterion.

Where possible, testing should be performed by appropriately accredited laboratories or laboratories that meet the requirements expressed in standard EN ISO 17025 and are competent to perform the relevant tests.

Where appropriate, competent bodies may require supporting documentation and may carry out independent verifications.

The competent bodies are recommended to take into account the implementation of recognised environmental management schemes, such as EMAS or ISO 14001, when assessing applications and monitoring compliance with the criteria (note: it is not required to implement such management schemes).

CRITERIA

1.   Energy savings

a)   Passive Standby

i.

The passive standby consumption of the television shall be ≤ 0,30 W except where the condition in part ii is fulfilled.

ii.

For televisions with an easily visible hard off-switch, such that when the switch is operated to the off position, the television’s energy consumption is < 0,01 W, the passive standby consumption of the television shall be ≤ 0,50 W.

b)   Maximum energy consumption

Televisions shall have energy consumption in on-mode of ≤ 200 W.

c)   Energy Efficiency

Until 31 December 2010, televisions placed on the market bearing the Ecolabel shall have an on-mode power consumption equal to or lower than 0,64 · (20 W + A · 4,3224 W/dm2).

From 1 January 2011, until 31 December 2012 televisions placed on the market bearing the Ecolabel shall have an on-mode power consumption equal to or lower than 0,51 · (20 W + A · 4,3224 W/dm2).

From 1 January 2013, televisions placed on the market bearing the Ecolabel shall have an on-mode power consumption equal to or lower than 0,41 · (20 W + A · 4,3224 W/dm2).

Where A is the visible screen area (1) expressed in dm2.

Assessment and verification (points a) to c)): the television shall be tested for its on-mode power consumption in its condition as delivered to the customer, according to the revised IEC62087 standard, using the dynamic broadcast video signal (Methods of Measurement for the Power Consumption of Audio, Video and Related Equipment). If the television has a forced menu upon initial start up, the default shall be the setting which is recommended by the manufacturer for normal home use. A test report shall be provided by the applicant to the awarding competent body demonstrating that the television meets the requirements set out in points a) to c).

For meeting the conditions of a) ii), the applicant shall declare that their television complies with the requirement and provide photographic evidence regarding the hard off-switch.

For meeting the conditions of c), the applicant shall demonstrate that any of their Ecolabelled televisions when first placed on the market after the dates shown in the criterion will meet the appropriate energy efficiency criterion. If this cannot be demonstrated the competent body will only issue the Ecolabel licence for the period for which compliance can be demonstrated.

2.   Mercury Content of Fluorescent Lamps

The total amount of mercury (Hg), in all lamps, per screen, shall be no greater than 75 mg for screens with a visible screen diagonal of up to and including 40 inches (101 cm).

The total amount of mercury (Hg), in all lamps, per screen, shall be no greater than 99 mg for screens with a visible screen diagonal of greater than 40 inches (101 cm).

Assessment and verification: the applicant shall provide a signed declaration that their television complies with these requirements. It shall include documentation on the number of lamps used and the total mercury content of the lamps, from suppliers.

3.   Life-time extension

The manufacturer shall offer a commercial guarantee to ensure that the television will function for at least two years. This guarantee shall be valid from the date of delivery to the customer.

The availability of compatible electronic replacement parts shall be guaranteed for seven years from the time that production ceases.

Assessment and verification: the applicant shall declare the compliance of the product with these requirements.

4.   Design for disassembly

The manufacturer shall demonstrate that the television can be easily dismantled by professionally trained recyclers using the tools usually available to them, for the purpose of:

undertaking repairs and replacements of worn-out parts,

upgrading older or obsolete parts, and

separating parts and materials, ultimately for recycling.

To facilitate the dismantling:

Fixtures within the television shall allow for its disassembly, e.g. screws, snap-fixes, especially for parts containing hazardous substances.

Plastic parts shall be of one polymer or be of compatible polymers for recycling and have the relevant ISO11469 marking if greater than 25 g in mass.

Metal inlays that cannot be separated shall not be used.

Data on the nature and amount of hazardous substances in the television shall be gathered in accordance with Council Directive 2006/121/EC (2) and the Globally Harmonised System of Classification and Labelling of Chemicals (GHS).

Assessment and verification: A test report shall be submitted with the application detailing the dismantling of the television. It shall include an exploded diagram of the television labelling the main components as well as identifying any hazardous substances in components. It can be in written or audiovisual format. Information regarding hazardous substances shall be provided to the awarding competent body in the form of a list of materials identifying material type, quantity used and location.

5.   Heavy Metals and Flame Retardants

(a)

Cadmium, lead, mercury, chromium 6 + or poly-brominated biphenyl (PBB) or poly-brominated diphenyl ether (PBDE) flame retardants, as listed in Article 4(1) of Directive 2002/95/EC of the European Parliament and of the Council (3), shall not be used in the television unless the applications of those substances are listed in the Annex to that Directive as exempted from the requirements of Article 4(1) of that Directive or unless their maximum concentration value is equal to or lower than the threshold specified in that same Annex. Regarding the Annex, for PBBs and PBDEs, the maximum concentration value shall be < 0,1 %.

(b)

Plastic parts shall not contain flame retardant substances, or preparations containing substances, that are assigned or may be assigned, at the time of application, any of the following risk phrases or combinations thereof:

R40 (possible risk of cancer),

R45 (may cause cancer),

R46 (may cause heritable genetic damage),

R50 (very toxic to aquatic organisms),

R51 (toxic to aquatic organisms),

R52 (harmful to aquatic organisms),

R53 (may cause long term adverse effects in the aquatic environment),

R60 (may impair fertility),

R61 (may cause harm to the unborn child),

R62 (possible risk of impaired fertility),

R63 (possible risk of harm to the unborn child),

as defined in Directive 2006/121/EC. This requirement shall not apply to reactive flame retardants i.e. those which upon use change their properties (i.e. are actually not contained in the final product in a concentration > 0,1 %) such that the identified R-phrases above no longer apply.

Assessment and verification: A certificate signed by the television manufacturer declaring compliance with these requirements shall be submitted to the awarding competent body. A declaration of compliance signed by the plastic and flame retardant suppliers and copies of relevant safety data sheets about materials and substances shall also be provided to the awarding competent body. All flame retardants used shall be clearly indicated.

6.   User instructions

The television shall be sold with relevant user information that provides advice on its proper environmental use. The information shall be located in a single, easy-to-find place in the user instructions as well as on the manufacturer’s website. The information will include in particular:

(a)

The television’s power consumption in the various modes: on, off, passive standby, including information on energy savings possible in different modes.

(b)

The television’s average annual energy consumption expressed in kWh, calculated on the basis of the on-mode power consumption, operating 4 hours a day and 365 days a year.

(c)

Information that energy efficiency cuts energy consumption and thus saves money by reducing electricity bills.

(d)

The following indications on how to reduce power consumption when the television is not being watched:

turning the television off at its mains supply, or un-plugging it, will cut energy use to zero for all televisions, and is recommended when the television is not being used for a long time, e.g. when on holiday,

using the hard off-switch will reduce energy use to near zero (where one is fitted),

putting the television into standby mode, will reduce energy consumption, but will still draw some power,

reducing the brightness of the screen will reduce energy use.

(e)

The position of the hard off-switch (where one is fitted).

(f)

Repair information regarding who is qualified to repair televisions, including contact details as appropriate.

(g)

End-of-life instructions for the proper disposal of televisions at civic amenity sites or through retailer take-back schemes as applicable, which shall comply with Directive 2002/96/EC of the European Parliament and of the Council (4).

(h)

Information that the product has been awarded the flower (the EU Ecolabel) with a brief explanation as to what this means together with an indication that more information on the Ecolabel can be found at the website address http://www.ecolabel.eu

Assessment and verification: The applicant shall declare compliance of the product with these requirements and shall provide a copy of the instruction manual to the competent body assessing the application.

7.   Information appearing on the Ecolabel

Box 2 of the Ecolabel shall include the following text:

High energy efficiency,

Reduced CO2 emissions,

Designed to facilitate repair and recycling.

Assessment and Verification: The applicant shall declare the compliance of the product with this requirement, and shall provide a copy of the Ecolabel as it appears on the packaging and/or product and/or accompanying documentation to the awarding competent body.


(1)  Screen Area: This is the area of the screen in dm2. It is equal to [screen size × screen size × 0,480] for a standard screen (4:3 aspect ratio) and [screen size × screen size × 0,427] for a wide screen (16:9 aspect ratio).

(2)  OJ L 396, 30.12.2006, p. 850. Corrected by OJ L 136, 29.5.2007, p. 281.

(3)  OJ L 37, 13.2.2003, p. 19.

(4)  OJ L 37, 13.2.2003, p. 24.


28.3.2009   

EN

Official Journal of the European Union

L 82/9


COMMISSION DECISION

of 25 March 2009

setting up a High Level Expert Group on Digital Libraries

(2009/301/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Whereas:

(1)

Article 157 of the Treaty establishing the European Community assigned the Community and the Member States the task of ensuring that the conditions necessary for the competitiveness of the Community’s industry exist. Article 151 provides that the Community shall contribute to the flowering of the cultures of the Member States, while respecting their national and regional diversity and at the same time bringing the common cultural heritage to the fore.

(2)

The Communication from the Commission ‘i2010 — A European Information Society for growth and employment’ (1) announced a flagship initiative on digital libraries.

(3)

The Communication from the Commission ‘i2010: Digital Libraries’ (2) announced the creation of a High Level Expert Group on Digital Libraries to advise the Commission on how to best address the organisational, legal and technical challenges at European level.

(4)

That expert group was set up by Commission Decision 2006/178/EC (3), which expired on 31 December 2008. In view of further needs, this Decision should allow the group to continue its work in 2009.

(5)

The group should contribute to a shared strategic vision for European digital libraries.

(6)

The group should be composed of highly qualified experts with competence on digital libraries, appointed in a personal capacity.

(7)

In 2009, the group should address copyright and preservation questions relating to digital libraries and access to scientific information. These include, in particular, exceptions and limitations, voluntary agreements for enhancing online accessibility of in copyright content, user generated content, open access to scientific information and access to and preservation of research data.

(8)

The group should also monitor the uptake of solutions presented in previously adopted reports, in particular in the area of orphan and out-of-print works.

(9)

Rules on disclosure of information by members of the group should be provided for, without prejudice to the Commission’s rules on security as set out in the Annex to Commission Decision 2001/844/EC, ECSC, Euratom (4).

(10)

Personal data relating to members of the group should be processed in accordance with Regulation (EC) No 45/2001 of the European Parliament and of the Council of 18 December 2000 on the protection of individuals with regard to the processing of personal data by the Community institutions and bodies and on the free movement of such data (5).

(11)

It is appropriate to fix a period for the application of this Decision,

HAS DECIDED AS FOLLOWS:

Article 1

High Level Expert Group on Digital Libraries

The group of experts ‘High Level Expert Group on Digital Libraries’, hereinafter referred to as ‘the group’, is hereby set up.

Article 2

Task

The group’s tasks shall be:

(a)

to advise the Commission on how to best address the organisational, legal and technical challenges at European level;

(b)

to contribute to a shared strategic vision for European digital libraries.

Article 3

Consultation

The Commission may consult the group on any matter relating to the implementation of the digital libraries initiative.

Article 4

Membership — Appointment

1.   The group shall be composed of up to 20 members.

2.   The Director-General of DG ‘Information Society and Media’ shall appoint the members of the group from specialists with competence in the areas referred to in Articles 2 and 3.

3.   The members shall be appointed in a personal capacity as high level experts on digital libraries and shall advise the Commission independently of any outside influence.

4.   Members shall be appointed to ensure, as far as possible, an adequate balance in terms of range of competencies, geographical origin and gender.

5.   The Group shall include experts from the following categories:

memory organisations (libraries, archives, museums),

authors, publishers and content providers,

ICT industry (e.g. search engines, technology providers),

scientific and research organisations, academia.

6.   Members may not designate an alternate to replace them.

7.   Members are appointed for a mandate which ends on 31 December 2009.

8.   Members who are no longer capable of contributing effectively to the group’s deliberations, who resign or who do not comply with the conditions set out in paragraph 3 of this Article or in Article 287 of the Treaty may be replaced for the remainder of their term of office.

9.   Members shall sign an undertaking to act in the public interest and a declaration indicating the absence or existence of any interest which may undermine their objectivity.

10.   The names of members shall be collected, processed and published in accordance with Regulation (EC) No 45/2001. The names of members shall be published on the i2010 Digital libraries website.

Article 5

Operation

1.   The group shall be chaired by the Commission.

2.   In agreement with the Commission, sub-groups may be set up to examine specific questions under the terms of reference established by the group. Such sub-groups shall be dissolved as soon as their mandates are fulfilled.

3.   The Commission’s representative may ask observers or experts, in particular with specific competence on a subject on the agenda, to participate in the group’s or sub-group’s deliberations if this is useful and/or necessary.

4.   Information obtained by participating in the deliberations of a group or sub-group shall not be divulged if, in the opinion of the Commission, that information relates to confidential matters.

5.   The group and its sub-groups shall normally meet on Commission premises in accordance with the procedures and schedule established by it. The Commission shall provide secretarial services. Other Commission officials with an interest in the proceedings may attend meetings of the group and its sub-groups.

6.   The group shall adopt its rules of procedure on the basis of the standard rules of procedure adopted by the Commission.

7.   The Commission may publish, in the original language of the document concerned, any summary, conclusion, or partial conclusion or working document of the group.

Article 6

Meeting expenses

The Commission shall reimburse travel and, where appropriate, subsistence expenses for members, experts and observers in connection with the group’s activities in accordance with the Commission’s rules on the compensation of external experts.

The members, experts and observers shall not be remunerated for the services they render.

Meeting expenses are reimbursed within the limits of the annual budget allocated to the group by the responsible Commission services.

Article 7

Expiry

This Decision shall expire on 31 December 2009.

Done at Brussels, 25 March 2009.

For the Commission

Viviane REDING

Member of the Commission


(1)  COM(2005) 229 final.

(2)  COM(2005) 465 final.

(3)  OJ L 63, 4.3.2006, p. 25.

(4)  OJ L 317, 3.12.2001, p. 1.

(5)  OJ L 8, 12.1.2001, p. 1.