12.8.2009

Official Journal of the European Union

L 208/1

COMMISSION REGULATION (EC) No 731/2009

of 11 August 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 12 August 2009.

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

Done at Brussels, 11 August 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	MK	29,6
	XS	23,3
	ZZ	26,5
0707 00 05	MK	27,9
	TR	100,7
	ZZ	64,3
0709 90 70	TR	101,7
0709 90 70	ZZ	101,7
0805 50 10	AR	56,5
	NZ	63,1
	TR	92,6
	UY	69,2
	ZA	63,9
	ZZ	69,1
0806 10 10	EG	166,6
	MA	141,6
	TR	145,0
	US	223,1
	ZA	142,3
	ZZ	163,7
0808 10 80	AR	111,7
	BR	71,6
	CL	83,7
	CN	96,2
	NZ	81,2
	US	87,1
	ZA	80,4
	ZZ	87,4
0808 20 50	AR	60,7
	AU	112,1
	CL	101,7
	CN	59,6
	TR	139,2
	ZA	91,3
	ZZ	94,1
0809 30	TR	134,9
0809 30	ZZ	134,9
0809 40 05	IL	123,1
0809 40 05	ZZ	123,1

(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’.

12.8.2009

Official Journal of the European Union

L 208/3

COMMISSION REGULATION (EC) No 732/2009

of 10 August 2009

amending for the 111th time Council Regulation (EC) No 881/2002 imposing certain specific restrictive measures directed against certain persons and entities associated with Usama bin Laden, the Al-Qaida network and the Taliban

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Regulation (EC) No 881/2002 of 27 May 2002 imposing certain specific restrictive measures directed against certain persons and entities associated with Usama bin Laden, the Al-Qaida network and the Taliban, and repealing Council Regulation (EC) No 467/2001 prohibiting the export of certain goods and services to Afghanistan, strengthening the flight ban and extending the freeze of funds and other financial resources in respect of the Taliban of Afghanistan (1), and in particular the first indent of Article 7(1) thereof,

Whereas:

(1)	Annex I to Regulation (EC) No 881/2002 lists the persons, groups and entities covered by the freezing of funds and economic resources under that Regulation. It included Mr Uthman Omar Mahmoud.

(2)	The Court of First Instance decided on 11 June 2009 (2) to annul Regulation (EC) No 881/2002, insofar as it concerns Mr Omar Mohammed Othman.

(3)

Prior to the judgment of the Court of First Instance, the Commission has published a notice (3) for the attention of Mr Uthman Omar Mahmoud to inform him that the UN Al-Qaida and Taliban Sanctions Committee had provided the grounds for listing, which would be communicated upon request with a view to giving him the opportunity to make his point of view on these grounds known. Furthermore, by communication dated 12 June 2009, the grounds for listing were notified to Mr Uthman Omar Mahmoud, at the address of his lawyer, requesting that he make his point of view known by 14 July 2009.

(4)	The Commission has not received any comments on the grounds for listing from the listed person.

(5)	The list of persons, groups and entities to whom the freezing of funds and economic resources should apply, drawn up by the UN Al-Qaida and Taliban Sanctions Committee, includes Mr Uthman Omar Mahmoud.

(6)	In view of this, Mr Uthman Omar Mahmoud should be added to Annex I.

(7)	The Sanctions Committee amended the identifying data on 24 March 2009. The published information (4) concerning Mr Uthman Omar Mahmoud should therefore be updated.

(8)

This Regulation should apply from 30 May 2002, given the preventive nature and objectives of the freezing of funds and economic resources under Regulation (EC) No 881/2002 and the need to protect legitimate interests of the economic operators, who have been relying on the legality of the annulled Regulation,

HAS ADOPTED THIS REGULATION:

Article 1

Annex I to Regulation (EC) No 881/2002 is hereby amended as set out in the Annex to this Regulation.

Article 2

This Regulation shall enter into force on the day following its publication in the Official Journal of the European Union.

It shall apply from 30 May 2002.

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

Done at Brussels, 10 August 2009.

For the Commission

Eneko LANDÁBURU

Director-General for External Relations

(1) OJ L 139, 29.5.2002, p. 9.

(2) Judgment in Case T-318/01, Omar Mohammed Othman v Council (not yet published).

(3) OJ C 80, 3.4.2009, p. 12.

(4) Regulation (EC) No 374/2008 (OJ L 113, 25.4.2008, p. 15).

ANNEX

Annex I to Regulation (EC) No 881/2002 is amended as follows:

The following entry shall be added under the heading ‘Natural persons’:

‘Uthman Omar Mahmoud (alias (a) Uthman, Al-Samman, (b) Uthman, Umar, (c) Al-Filistini, (d) Abu Qatada, (e) Takfiri, Abu Umr, (f) Abu Umar, Abu Omar, (g) Umar, Abu Umar, (e) Abu Ismail). Date of birth: (a) 30.12.1960, (b) 13.12.1960. Date of designation referred to in Article 2a(4)(b): 17.10.2001. Other information: In custody in the United Kingdom pending the outcome of deportation proceedings (as at March 2009).’

12.8.2009

Official Journal of the European Union

L 208/5

COMMISSION REGULATION (EC) No 733/2009

of 11 August 2009

adopting emergency measures for the market of milk and milk products in the form of opening the buying-in of butter and skimmed milk powder by a tendering procedure for the period from 1 September 2009 until 30 November 2009

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Whereas:

(1)

World market prices for dairy products have collapsed notably due to an increased world supply and a drop in demand in connection with the financial and economic crisis. Community market prices for dairy products have fallen significantly. As a result of a combination of market measures taken since the beginning of this year community prices have stabilised around support price levels. It is essential that these market support measures, notably public intervention, continue to apply as long as necessary for avoiding further deterioration of prices and disturbance of the community market.

(2)	In view of the current and foreseeable market situation it is necessary to continue public intervention for butter and skimmed milk powder beyond 31 August 2009.

(3)	The Commission made a proposal for a Council Regulation on an extension for 2009 and 2010 of the period for public intervention for butter and skimmed milk powder as provided for in Article 11(e) of Regulation (EC) No 1234/2007, which was welcomed by the Council.

(4)

In view of the urgency by which measures have to be taken since the intervention period ends on 31 August 2009 and the practical problem that, following the recent elections, the European Parliament is not likely to be in a position to deliver an opinion in due time, the Commission has to adopt the necessary emergency measures.

(5)	Article 13 of Commission Regulation (EC) No 105/2008 (2) lays down rules to be followed when the Commission decides that the buying-in of butter is to take place under a tendering procedure.

(6)	Article 13 of Commission Regulation (EC) No 214/2001 (3) lays down rules to be followed when the Commission decides that the buying-in of skimmed milk powder is to take place under a tendering procedure.

(7)	In view of the special situation on the dairy market and in order that the system is more efficient, it is appropriate to increase, by way of derogation from Regulations (EC) No 214/2001 and (EC) No 105/2008, the frequency of the tenders to twice a month.

(8)

For reasons of effectiveness, this Regulation provides all the necessary information for operators and thus makes a separate notice to tender redundant. In order to guarantee for the operators the most up-to-date information on contact details of the paying agencies, it is appropriate to publish this information by other more effective means of communication than the publication in the Official Journal of the European Union.

(9)	The extension of the intervention period should apply only for a limited period of three months — from 1 September until 30 November 2009.

(10)	The measures provided for in this Regulation are in accordance with the opinion of the Management Committee for the Common Organisation of Agricultural Markets,

HAS ADOPTED THIS REGULATION:

CHAPTER I

BUTTER

Article 1

Buying-in of butter by a tendering procedure is open from 1 September 2009 until 30 November 2009, under the conditions provided for in Section 3 of Chapter II of Regulation (EC) No 105/2008 and in this Regulation.

Article 2

1. By way of derogation from Article 13(3) of Regulation (EC) No 105/2008, the time limit for the submission of tenders in response to the individual invitations to tender shall be 11.00 (Brussels time) on the first and third Tuesday of the month.

If Tuesday is a public holiday the time limit shall be 11.00 (Brussels time) on the previous working day.

The time limit for submission of tenders for the first individual invitation to tender shall be 11.00 (Brussels time) on 1 September 2009.

2. By way of derogation from Article 13(2) of Regulation (EC) No 105/2008 no notice of invitation to tender will be published (4).

CHAPTER II

SKIMMED MILK POWDER

Article 3

Buying-in of skimmed milk powder by a tendering procedure is open from 1 September 2009 until 30 November 2009, under the conditions provided for in Section 4 of Chapter II of Regulation (EC) No 214/2001 and in this Regulation.

Article 4

1. By way of derogation from Article 14(2) of Regulation (EC) No 214/2001, the time limit for the submission of tenders in response to the individual invitations to tender shall be 11.00 (Brussels time) on the first and third Tuesday of the month.

If Tuesday is a public holiday the time limit shall be 11.00 (Brussels time) on the previous working day.

The time limit for submission of tenders for the first individual invitation to tender shall be 11.00 (Brussels time) on 1 September 2009.

2. By way of derogation from Article 14(1) of Regulation (EC) No 214/2001 no notice of invitation to tender will be published (4).

Article 5

This Regulation shall enter into force on the third day following 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, 11 August 2009.

For the Commission

Mariann FISCHER BOEL

Member of the Commission

(1) OJ L 299, 16.11.2007, p. 1.

(2) OJ L 32, 6.2.2008, p. 3.

(3) OJ L 37, 7.2.2001, p. 100.

(4) The relevant addresses of the paying agencies are available on the European Commission website CIRCA (http://circa.europa.eu/Public/irc/agri/lait/library).

12.8.2009

Official Journal of the European Union

L 208/7

COMMISSION REGULATION (EC) No 734/2009

of 11 August 2009

initiating an investigation concerning the possible circumvention of anti-dumping measures imposed by Council Regulation (EC) No 1858/2005 on imports of steel ropes and cables originating in the People’s Republic of China by imports of steel ropes and cables consigned from the Republic of Korea and Malaysia, whether declared as originating in the Republic of Korea and Malaysia or not, and making such imports subject to registration

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Regulation (EC) No 384/96 of 22 December 1995 on protection against dumped imports from countries not members of the European Community (1) (the basic Regulation) and in particular Articles 13(3), 14(3) and 14(5) thereof,

After having consulted the Advisory Committee,

Whereas:

1. REQUEST

(1)	The Commission has received a request pursuant to Article 13(3) of the basic Regulation to investigate the possible circumvention of the anti-dumping measures imposed on imports of steel ropes and cables originating in the People’s Republic of China.

(2)	The request was lodged on 29 June 2009 by the Liaison Committee of EU Wire Rope Industries (EWRIS) on behalf of the Community producers of steel ropes and cables.

2. PRODUCT

(3)

The product concerned by the possible circumvention is steel ropes and cables including locked coil ropes, excluding ropes and cables of stainless steel, with a maximum cross-sectional dimension exceeding 3 mm, originating in the People’s Republic of China, currently falling within CN codes ex ex 7312 10 81, ex ex 7312 10 83, ex ex 7312 10 85, ex ex 7312 10 89 and ex ex 7312 10 98 (the product concerned).

(4)

The product under investigation is steel ropes and cables including locked coil ropes, excluding ropes and cables of stainless steel, with a maximum cross-sectional dimension exceeding 3 mm, consigned from the Republic of Korea and Malaysia (the product under investigation), currently falling within the same codes as the product concerned.

3. EXISTING MEASURES

(5)	The measures currently in force and possibly being circumvented are anti-dumping measures imposed by Council Regulation (EC) No 1858/2005 (2) as last amended by Regulation (EC) No 283/2009 (3).

4. GROUNDS

(6)	The request contains sufficient prima facie evidence that the anti-dumping measures on imports of steel ropes and cables originating in the People’s Republic of China are being circumvented by means of the transhipment via the Republic of Korea and Malaysia of steel ropes and cables.

(7)

The request shows that a significant change in the pattern of trade involving exports from the People’s Republic of China and the Republic of Korea and Malaysia to the Community has taken place following the imposition of measures on the product concerned, and that there is insufficient due cause or justification other than the imposition of the duty for such a change.

(8)	This change in the pattern of trade appears to stem from the transhipment of steel ropes and cables originating in the People’s Republic of China via the Republic of Korea and Malaysia.

(9)

Furthermore, the request contains sufficient prima facie evidence that the remedial effects of the existing anti-dumping measures on the product concerned are being undermined both in terms of quantity and price. Significant volumes of imports of steel ropes and cables from the Republic of Korea and Malaysia appear to have replaced imports of the product concerned. In addition, there is sufficient evidence that this increased volume of imports is made at prices well below the non-injurious price established in the investigation that led to the existing measures.

(10)	Finally, the request contains sufficient prima facie evidence that the prices of product under investigation are dumped in relation to the normal value previously established for the product concerned.

(11)	Should circumvention practices via the Republic of Korea and Malaysia covered by Article 13 of the basic Regulation, other than transhipment, be identified in the course of the investigation, the investigation may also cover these practices.

5. PROCEDURE

(12)

In the light of the above, the Commission has concluded that sufficient evidence exists to justify the initiation of an investigation pursuant to Article 13 of the basic Regulation and to make imports of steel ropes and cables consigned from the Republic of Korea and Malaysia, whether declared as originating in the Republic of Korea and Malaysia or not, subject to registration, in accordance with Article 14(5) of the basic Regulation.

5.1. Questionnaires

(13)

In order to obtain the information it deems necessary for its investigation, the Commission will send questionnaires to the exporters/producers and to the associations of exporters/producers in the Republic of Korea and Malaysia, to the exporters/producers and to the associations of exporters/producers in the People’s Republic of China, to the known importers and to the known associations of importers in the Community and to the authorities of the People’s Republic of China, the Republic of Korea and Malaysia. Information, as appropriate, may also be sought from the Community industry.

(14)

In any event, all interested parties should contact the Commission forthwith, but not later than the time limit set in Article 3 of this Regulation in order to find out whether they are listed in the request and request a questionnaire within the time limit set in Article 3(1) of this Regulation, given that the time limit set in Article 3(2) of this Regulation applies to all interested parties.

(15)	The authorities of the People’s Republic of China and the Republic of Korea and Malaysia will be notified of the initiation of the investigation.

5.2. Collection of information and holding of hearings

(16)	All interested parties are hereby invited to make their views known in writing and to provide supporting evidence. Furthermore, the Commission may hear interested parties, provided that they make a request in writing and show that there are particular reasons why they should be heard.

5.3. Exemption of registration of imports or measures

(17)	In accordance with Article 13(4) of the basic Regulation, imports of the product under investigation may be exempted from registration or measures if the importation does not constitute circumvention.

(18)

Since the possible circumvention takes place outside the Community, exemptions may be granted, in accordance with Article 13(4) of the basic Regulation, to producers of the product under investigation that can show that they are not related to any producer subject to the measures and that are found not to be engaged in circumvention practices as defined in Articles 13(1) and 13(2) of the basic Regulation. Producers wishing to obtain an exemption should submit a request duly supported by evidence within the time limit indicated in Article 3(3) of this Regulation.

6. REGISTRATION

(19)

Pursuant to Article 14(5) of the basic Regulation, imports of the product under investigation should be made subject to registration in order to ensure that, should the investigation result in findings of circumvention, anti-dumping duties of an appropriate amount can be levied retroactively from the date of registration of such imports consigned from the Republic of Korea and Malaysia.

7. TIME LIMITS

(20)	In the interest of sound administration, time limits should be stated within which:

(21)	Attention is drawn to the fact that the exercise of most procedural rights set out in the basic Regulation depends on the party’s making itself known within the time limits mentioned in Article 3 of this Regulation.

8. NON-COOPERATION

(22)

In cases in which any interested party refuses access to or does not provide the necessary information within the time limits, or significantly impedes the investigation, findings, affirmative or negative, may be made in accordance with Article 18 of the basic Regulation, on the basis of the facts available.

(23)

Where it is found that any interested party has supplied false or misleading information, the information shall be disregarded and use may be made of facts available. If an interested party does not cooperate or cooperates only partially and findings are therefore based on facts available in accordance with Article 18 of the basic Regulation, the result may be less favourable to that party than if it had cooperated.

9. SCHEDULE FOR THE INVESTIGATION

(24)	The investigation will be concluded, according to Article 13(3) of the basic Regulation, within nine months of the date of the publication of this notice in the Official Journal of the European Union.

10. PROCESSING OF PERSONAL DATA

(25)

It is noted that any personal data collected in this investigation will be treated 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 (4).

11. HEARING OFFICER

(26)

It is also noted that if interested parties consider that they are encountering difficulties in the exercise of their rights of defence, they may request the intervention of the Hearing Officer of DG Trade. He acts as an interface between the interested parties and the Commission services, offering, where necessary, mediation on procedural matters affecting the protection of their interests in this proceeding, in particular with regard to issues concerning access to the file, confidentiality, extension of time limits and the treatment of written and/or oral submission of views. For further information and contact details, interested parties may consult the Hearing Officer’s web pages on the website of DG Trade (http://ec.europa.eu/trade),

HAS ADOPTED THIS REGULATION:

Article 1

An investigation is hereby initiated pursuant to Article 13(3) of Regulation (EC) No 384/96, in order to determine if imports into the Community of steel ropes and cables including locked coil ropes, excluding ropes and cables of stainless steel, with a maximum cross-sectional dimension exceeding 3 mm, consigned from the Republic of Korea and Malaysia or not, whether declared as originating in the Republic of Korea and Malaysia or not, currently falling within CN codes ex ex 7312 10 81, ex ex 7312 10 83, ex ex 7312 10 85, ex ex 7312 10 89 and ex ex 7312 10 98 (TARIC codes 7312108113, 7312108313, 7312108513, 7312108913 and 7312109813) are circumventing the measures imposed by Regulation (EC) No 1858/2005.

Article 2

The Customs authorities are hereby directed, pursuant to Article 13(3) and Article 14(5) of Regulation (EC) No 384/96, to take the appropriate steps to register the imports into the Community identified in Article 1 of this Regulation.

Registration shall expire nine months following the date of entry into force of this Regulation.

The Commission, by Regulation, may direct Customs authorities to cease registration in respect of imports into the Community of products manufactured by producers having applied for an exemption of registration and having been found not to be circumventing the anti-dumping duties.

Article 3

1. Questionnaires should be requested from the Commission within 15 days from publication of this Regulation in the Official Journal of the European Union.

2. Interested parties, if their representations are to be taken into account during the investigation, must make themselves known by contacting the Commission, present their views in writing and submit questionnaire replies or any other information within 37 days from the date of the publication of this Regulation in the Official Journal of the European Union, unless otherwise specified.

3. Producers in the Republic of Korea and Malaysia requesting exemption from registration of imports or measures should submit a request duly supported by evidence within the same 37-day time limit.

4. Interested parties may also apply to be heard by the Commission within the same 37-day time limit.

5. Any information, any request for a hearing or for a questionnaire as well as any request for exemption from registration of imports or measures must be made in writing (not in electronic format, unless otherwise specified) and must indicate the name, address, e-mail address, telephone and fax numbers of the interested party. All written submissions, including the information requested in this Regulation, questionnaire replies and correspondence provided by interested parties on a confidential basis shall be labelled as ‘Limited’ (5) and, in accordance with Article 19(2) of the basic Regulation, shall be accompanied by a non-confidential version, which will be labelled ‘For inspection by interested parties’.

Commission address for correspondence:

European Commission

Directorate-General for Trade

Directorate H

Office: N-105 4/92

1049 Brussels

BELGIUM

Fax +32 22956505

Article 4

This Regulation shall enter into force on the day following 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, 11 August 2009.

For the Commission

Catherine ASHTON

Member of the Commission

(1) OJ L 56, 6.3.1996, p. 1.

(2) OJ L 299, 16.11.2005, p. 1.

(3) OJ L 94, 8.4.2009, p. 5.

(4) OJ L 8, 12.1.2001, p. 1.

(5) This means that the document is for internal use only. It is protected pursuant to Article 4 of Regulation (EC) No 1049/2001 of the European Parliament and of the Council regarding public access to European Parliament, Council and Commission documents (OJ L 145, 31.5.2001, p. 43). It is a confidential document pursuant to Article 19 of the basic Regulation and Article 6 of the WTO Agreement on Implementation of Article VI of the GATT 1994 (Anti-dumping Agreement).

12.8.2009

Official Journal of the European Union

L 208/11

COMMISSION REGULATION (EC) No 735/2009

of 11 August 2009

amending the representative prices and additional import duties for certain products in the sugar sector fixed by Regulation (EC) No 945/2008 for the 2008/2009 marketing year

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Commission Regulation (EC) No 951/2006 of 30 June 2006 laying down detailed rules for the implementation of Council Regulation (EC) No 318/2006 as regards trade with third countries in the sugar sector (2), and in particular Article 36(2), second subparagraph, second sentence thereof,

Whereas:

(1)	The representative prices and additional duties applicable to imports of white sugar, raw sugar and certain syrups for the 2008/2009 marketing year are fixed by Commission Regulation (EC) No 945/2008 (3). These prices and duties have been last amended by Commission Regulation (EC) No 727/2009 (4).

(2)	The data currently available to the Commission indicate that those amounts should be amended in accordance with the rules and procedures laid down in Regulation (EC) No 951/2006,

HAS ADOPTED THIS REGULATION:

Article 1

The representative prices and additional duties applicable to imports of the products referred to in Article 36 of Regulation (EC) No 951/2006, as fixed by Regulation (EC) No 945/2008 for the 2008/2009, marketing year, are hereby amended as set out in the Annex hereto.

Article 2

This Regulation shall enter into force on 12 August 2009.

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

Done at Brussels, 11 August 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 178, 1.7.2006, p. 24.

(3) OJ L 258, 26.9.2008, p. 56.

(4) OJ L 207, 11.8.2009, p. 3.

ANNEX

Amended representative prices and additional import duties applicable to white sugar, raw sugar and products covered by CN code 1702 90 95 from 12 August 2009

(EUR)
CN code	Representative price per 100 kg net of the product concerned	Additional duty per 100 kg net of the product concerned
1701 11 10 (1)	37,14	0,14
1701 11 90 (1)	37,14	3,76
1701 12 10 (1)	37,14	0,01
1701 12 90 (1)	37,14	3,47
1701 91 00 (2)	39,21	5,71
1701 99 10 (2)	39,21	2,57
1701 99 90 (2)	39,21	2,57
1702 90 95 (3)	0,39	0,29

(1) For the standard quality defined in point III of Annex IV to Regulation (EC) No 1234/2007.

(2) For the standard quality defined in point II of Annex IV to Regulation (EC) No 1234/2007.

(3) Per 1 % sucrose content.

12.8.2009

Official Journal of the European Union

L 208/13

COMMISSION REGULATION (EC) No 736/2009

of 11 August 2009

on the issue of import licences for applications submitted in the first four days of August 2009 under the tariff quota for high-quality beef administered by Regulation (EC) No 620/2009

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Commission Regulation (EC) No 1301/2006 of 31 August 2006 laying down common rules for the administration of import tariff quotas for agricultural products managed by a system of import licences (2), and in particular Article 7(2) thereof,

Whereas:

(1)	Commission Regulation (EC) No 620/2009 of 13 July 2009 providing for the administration of an import tariff quota for high-quality beef (3) sets out detailed rules for the submission and issue of import licences.

(2)

Article 7(2) of Regulation (EC) No 1301/2006 provides that in cases where quantities covered by licence applications exceed the quantities available for the quota period, allocation coefficients should be fixed for the quantities covered by each licence application. The applications for import licences submitted pursuant to Article 3 of Regulation (EC) No 620/2009 between 1 and 4 August 2009 exceed the quantities available. Therefore, the extent to which import licences may be issued and the allocation coefficient should be determined,

HAS ADOPTED THIS REGULATION:

Article 1

Import licence applications covered by the quota with order number 09.4449 and submitted between 1 and 4 August 2009 in accordance with Article 3 of Regulation (EC) No 620/2009, shall be multiplied by an allocation coefficient of 0,753327 %.

Article 2

This Regulation shall enter into force on the day following 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, 11 August 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 238, 1.9.2006, p. 13.

(3) OJ L 182, 15.7.2009, p. 25.

12.8.2009

Official Journal of the European Union

L 208/14

COMMISSION REGULATION (EC) No 737/2009

of 11 August 2009

setting the allocation coefficient for the issuing of import licences applied for from 3 to 7 August 2009 for sugar products under tariff quotas and preferential agreements

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Commission Regulation (EC) No 950/2006 of 28 June 2006 laying down detailed rules of application for the 2006/07, 2007/08 and 2008/09 marketing years for the import and refining of sugar products under certain tariff quotas and preferential agreements (2), and in particular Article 5(3) thereof,

Whereas:

(1)

Applications for import licences were submitted to the competent authorities in the period from 3 to 7 August 2009 in accordance with Commission Regulation (EC) No 950/2006 and/or Council Regulation (EC) No 508/2007 of 7 May 2007 opening tariff quotas for imports into Bulgaria and Romania of raw cane sugar for supply to refineries in the marketing years 2006/07, 2007/08 and 2008/09 (3), for a total quantity equal to or exceeding the quantity available for order number 09.4335 (2008-2009).

(2)	In these circumstances, the Commission should establish an allocation coefficient for licences to be issued in proportion to the quantity available and/or inform the Member States that the limit established has been reached,

HAS ADOPTED THIS REGULATION:

Article 1

Licences shall be issued within the quantitative limits set in the Annex to this Regulation in respect of import licence applications submitted from 3 to 7 August 2009, in accordance with Article 4(2) of Regulation (EC) No 950/2006 and/or Article 3 of Regulation (EC) No 508/2007.

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, 11 August 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 178, 1.7.2006, p. 1.

(3) OJ L 122, 11.5.2007, p. 1.

ANNEX

ACP/India Preferential Sugar

Chapter IV of Regulation (EC) No 950/2006

2008/09 marketing year

Order No	Country	Week of 3.8.2009-7.8.2009: percentage of requested quantity to be granted	Limit
09.4331	Barbados	0	Reached
09.4332	Belize	100
09.4333	Côte d’Ivoire	100
09.4334	Republic of the Congo	100
09.4335	Fiji	100	Reached
09.4336	Guyana	100
09.4337	India	0	Reached
09.4338	Jamaica	100
09.4339	Kenya	100
09.4340	Madagascar	0	Reached
09.4341	Malawi	100
09.4342	Mauritius	100
09.4343	Mozambique	100
09.4344	Saint Kitts and Nevis	—
09.4345	Suriname	—
09.4346	Swaziland	100
09.4347	Tanzania	0	Reached
09.4348	Trinidad and Tobago	100
09.4349	Uganda	—
09.4350	Zambia	100
09.4351	Zimbabwe	100

ACP/India Preferential Sugar

Chapter IV of Regulation (EC) No 950/2006

July-September 2009 marketing year

Order No	Country	Week of 3.8.2009-7.8.2009: percentage of requested quantity to be granted	Limit
09.4331	Barbados	100
09.4332	Belize	100
09.4333	Côte d’Ivoire	100
09.4334	Republic of the Congo	100
09.4335	Fiji	100
09.4336	Guyana	100
09.4337	India	0	Reached
09.4338	Jamaica	100
09.4339	Kenya	100
09.4340	Madagascar	100
09.4341	Malawi	0	Reached
09.4342	Mauritius	100
09.4343	Mozambique	100
09.4344	Saint Kitts and Nevis	—
09.4345	Suriname	—
09.4346	Swaziland	100
09.4347	Tanzania	100
09.4348	Trinidad and Tobago	100
09.4349	Uganda	—
09.4350	Zambia	100
09.4351	Zimbabwe	0	Reached

Complementary sugar

Chapter V of Regulation (EC) No 950/2006

2008/09 marketing year

Order No	Country	Week of 3.8.2009-7.8.2009: percentage of requested quantity to be granted	Limit
09.4315	India	100
09.4316	ACP Protocol signatory countries	100

CXL Concessions Sugar

Chapter VI of Regulation (EC) No 950/2006

2008/09 marketing year

Order No	Country	Week of 3.8.2009-7.8.2009: percentage of requested quantity to be granted	Limit
09.4317	Australia	0	Reached
09.4318	Brazil	0	Reached
09.4319	Cuba	0	Reached
09.4320	Other third countries	0	Reached

Balkans sugar

Chapter VII of Regulation (EC) No 950/2006

2008/09 marketing year

Order No	Country	Week of 3.8.2009-7.8.2009: percentage of requested quantity to be granted	Limit
09.4324	Albania	100
09.4325	Bosnia and Herzegovina	0	Reached
09.4326	Serbia and Kosovo (1)	100
09.4327	Former Yugoslav Republic of Macedonia	100
09.4328	Croatia	100

Exceptional import sugar and industrial import sugar

Chapter VIII of Regulation (EC) No 950/2006

2008/09 marketing year

Order No	Type	Week of 3.8.2009-7.8.2009: percentage of requested quantity to be granted	Limit
09.4380	Exceptional	—
09.4390	Industrial	100

Additional EPA sugar

Chapter VIIIa of Regulation (EC) No 950/2006

2008/09 marketing year

Order No	Country	Week of 3.8.2009-7.8.2009: percentage of requested quantity to be granted	Limit
09.4431	Comoros, Madagascar, Mauritius, Seychelles, Zambia, Zimbabwe	100
09.4432	Burundi, Kenya, Rwanda, Tanzania, Uganda	100
09.4433	Swaziland	100
09.4434	Mozambique	0	Reached
09.4435	Antigua and Barbuda, Bahamas, Barbados, Belize, Dominica, Dominican Republic, Grenada, Guyana, Haiti, Jamaica, Saint Kitts and Nevis, Saint Lucia, Saint Vincent and the Grenadines, Suriname, Trinidad and Tobago	0	Reached
09.4436	Dominican Republic	0	Reached
09.4437	Fiji, Papua New Guinea	100

Import of sugar under the transitional tariff quotas opened for Bulgaria and Romania

Article 1 of Regulation (EC) No 508/2007

2008/09 marketing year

Order No	Type	Week of 3.8.2009-7.8.2009: percentage of requested quantity to be granted	Limit
09.4365	Bulgaria	0	Reached
09.4366	Romania	0	Reached

(1) As defined by United Nations Security Council Resolution 1244 of 10 June 1999.

12.8.2009

Official Journal of the European Union

L 208/19

COMMISSION REGULATION (EC) No 738/2009

of 11 August 2009

establishing a prohibition of fishing for anglerfish in VIIIc, IX and X; EC waters of CECAF 34.1.1 by vessels flying the flag of Portugal

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Regulation (EC) No 2371/2002 of 20 December 2002 on the conservation and sustainable exploitation of fisheries resources under the common fisheries policy (1), and in particular Article 26(4) thereof,

Having regard to Council Regulation (EEC) No 2847/93 of 12 October 1993 establishing a control system applicable to common fisheries policy (2), and in particular Article 21(3) thereof,

Whereas:

(1)

Council Regulation (EC) No 43/2009 of 16 January 2009 fixing for 2009 the fishing opportunities and associated conditions for certain fish stocks and groups of fish stocks applicable in Community waters and for Community vessels, in waters where catch limitations are required (3), lays down quotas for 2009.

(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 2009.

(3)	It is therefore necessary to prohibit fishing for that stock and its retention on board, transhipment and landing,

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 2009 shall be deemed to be exhausted from the date set out in that Annex.

Article 2

Prohibitions

Fishing 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. It shall be prohibited to retain on board, tranship or land such 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, 11 August 2009.

For the Commission

Fokion FOTIADIS

Director-General for Maritime Affairs and Fisheries

(1) OJ L 358, 31.12.2002, p. 59.

(2) OJ L 261, 20.10.1993, p. 1.

(3) OJ L 22, 26.1.2009, p. 1.

ANNEX

No	8/T&Q
Member State	Portugal
Stock	ANF/8C3411
Species	Anglerfish (Lophiidae)
Zone	VIIIc, IX and X; EC waters of CECAF 34.1.1
Date	22 July 2009

12.8.2009

Official Journal of the European Union

L 208/21

COMMISSION DECISION

of 9 July 2009

establishing the ecological criteria for the award of the Community eco-label to hard coverings

(Notified under document C(2009) 5613)

(Text with EEA relevance)

(2009/607/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 the 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 2002/272/EC of 25 March 2002 establishing the ecological criteria for the award of the Community eco-label to hard floor coverings (2). Those ecological criteria and the related assessment and verification requirements are valid until 31 March 2010.

(5)	In the light of that review, it is appropriate, in order to take account of scientific and market developments, to modify the title and definition of the product group and to establish new ecological criteria.

(6)	The ecological criteria, as well as the related assessment and verification requirements, should be valid for four years from the date of adoption of this Decision.

(7)	Decision 2002/272/EC should therefore be replaced.

(8)

A transitional period should be allowed for producers whose products have been awarded the eco-label for hard coverings based on the criteria contained in Decision 2002/272/EC, so that they have sufficient time to adapt their products to comply with the revised criteria and requirements. Producers should also be allowed to submit applications set out under the criteria set in Decision 2002/272/EC or set out under the criteria set in this Decision until the lapse of validity of that Decision.

(9)	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 ‘hard coverings’ shall comprise — for internal/external use, without any relevant structural function — natural stones, agglomerated stones, concrete paving units, terrazzo tiles, ceramic tiles and clay tiles. For hard coverings, the criteria can be applied both to floor and wall coverings, if the production process is identical and uses the same materials and manufacturing methods.

Article 2

In order to be awarded the Community eco-label for products falling within the product group hard coverings under Regulation (EC) No 1980/2000 (hereinafter the eco-label), a hard covering shall comply with the criteria set out in the Annex to this Decision.

Article 3

The ecological criteria for the product group ‘hard coverings’, as well as the related assessment and verification requirements, shall be valid for four years from the date of adoption of this Decision.

Article 4

For administrative purposes the code number assigned to the product group ‘hard coverings’ shall be ‘021’.

Article 5

Decision 2002/272/EC is repealed.

Article 6

1. Applications for the eco-label for products falling within the product group hard covering submitted before the date of adoption of this Decision shall be evaluated in accordance with the conditions laid down in Decision 2002/272/EC.

2. Applications for the eco-label for products falling within the product group hard coverings submitted from the date of adoption of this Decision but by 31 March 2010 at the latest may be based either on the criteria set out in Decision 2002/272/EC or on the criteria set out in this Decision.

Those applications shall be evaluated in accordance with the criteria on which they are based.

3. Where the eco-label is awarded on the basis of an application evaluated according to the criteria set out in Decision 2002/272/EC, that eco-label may be used for 12 months from the date of adoption of this Decision.

Article 7

This Decision is addressed to the Member States.

Done at Brussels, 9 July 2009.

For the Commission

Stavros DIMAS

Member of the Commission

(1) OJ L 237, 21.9.2000, p. 1.

(2) OJ L 94, 11.4.2002, p. 13.

ANNEX

FRAMEWORK

The aims of the criteria

These criteria aim, in particular, at promoting:

—	the reduction of impacts on habitats and associated resources,

—	the reduction of energy consumption,

—	the reduction of discharges of toxic or otherwise polluting substances into the environment,

—	the reduction of use of dangerous substances in the materials and in the finished products,

—	safety and absence of risk to health in the living environment,

—	information that will enable the consumer to use the product in an efficient way which minimises the whole environmental impact.

The criteria are set at levels that promote the labelling of hard coverings that are produced with low environmental impact.

Assessment and verification requirements

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

This group can be divided into ‘natural products’ and ‘processed products’.

‘Natural products’ includes the natural stones, that, as defined by CEN TC 246 are pieces of naturally occurring rock, and include marble, granite and other natural stones.

‘Other’ natural stones refer to natural stones whose technical characteristics are on the whole different from those of marble and granite as defined by CEN/TC 246/N.237 EN 12670 ‘Natural stones — Terminology’. Generally, such stones do not readily take a mirror polish and are not always extracted by blocks: sandstone, quartzite, slate, tuff, schist.

The group of ‘processed products’ can be further divided into hardened and fired products. Hardened products are agglomerated stones, concrete paving units and terrazzo tiles. Fired products are ceramic tiles and clay tiles.

‘Agglomerated stones’ are industrial products manufactured from a mixture of aggregates, mainly from natural stone grit, and a binder as defined by JWG 229/246 EN 14618. The grit is normally composed of marble and granite quarry granulate and the binder is made from artificial components as unsaturated polyester resin or hydraulic cement. This group includes also artificial stones and compacted marble.

‘Concrete paving units’ are products for outer floor-coverings obtained by mixing sands, gravel, cement, inorganic pigments and additives, and vibro-compression as defined by CEN/TC 178. This group also includes concrete flags and concrete tiles.

‘Terrazzo tiles’ are a suitably compacted element of uniform shape and thickness, which meets specific geometrical requirements as defined by CEN/TC 229. The tiles are single or dual-layered. The single-layered are tiles completely made of granulates or chipping of a suitable aggregate, embedded in grey and white cement and water. The dual-layered tiles are terrazzo tiles made up of the first face or wear layer (with single-layered composition) and a second layer, known as backing or base concrete layer, whose surface is not exposed during normal use and which may be partially removed.

‘Ceramic tiles’ are thin slabs from clays and/or other inorganic raw materials, such as feldspar and quartz as defined by CEN/TC 67. They are usually shaped by extruding or pressing at room temperature, dried and subsequently fired at temperatures sufficient to develop the required properties. Tiles can be glazed or unglazed, are non-combustible and generally unaffected by light.

‘Clay tiles’ are units which satisfy certain shape and dimensional requirements, used for the surface course of pavements and manufactured predominantly from clay or other materials, with or without additions as defined by CEN 178.

Where appropriate, test methods other than those indicated for each criterion may be used if their equivalence is accepted by the competent body assessing the application.

Where possible, testing should be performed by appropriately accredited laboratories or laboratories that meet the general requirements expressed in standard EN ISO 17025.

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, ISO 14001 when assessing applications and monitoring compliance with the criteria (note: it is not required to implement such management schemes).

HARD COVERINGS

CRITERIA

1. Raw material extraction

1.1. Extraction management (for natural products only)

General requirements

The raw material extraction management for natural stones shall be ‘scored’ according to a matrix of six main indicators. The total score shall be based on the sum of individual scores given for each indicator, multiplied by a corrective weighting (W). Quarries must obtain a weighted score of at least 19 points to be eligible for the eco-label award. In addition, the score for each indicator must be higher or lower than the threshold specified, as appropriate.

See matrix overleaf.

In addition to the scoring table, all of the following mandatory conditions shall be met:

—	there shall be no interference with any deep confined waterbed,

—	there shall be no interference with surface water bodies with civil catching or springs, or if the water body is included in the Register of protected areas established by Directive 2000/60/EC of the European Parliament and of the Council (1) or if the watercourse's average flow is > 5 m3/s,

—

there shall be a waste water recovery closed system for avoiding sawing waste dispersion to the environment and to feed the recycling loop. Water shall be contained in close proximity to the place where it is used in quarrying operations and then it shall be conveyed by closed pipes to the suitable processing plant. After clearing, water shall be recycled.

Assessment and verification: the applicant shall provide the calculation of their total ‘score’ (weighted accordingly), and related data for each of the six indicators (showing, amongst others, that each score is above the minimum score, if one is given) according to the matrix overleaf and to the associated instructions in the Technical appendix — A1. The applicant shall also provide appropriate documentation and/or declarations that prove compliance with all of the abovementioned criteria.

Matrix for scoring raw material extraction management for natural stones

Indicator

Notes

Score

(excellent)

(good)

(sufficient)

Threshold

Relative weights

I.1.	Water recycling ratio

Formula

See Technical appendix — A3

> 80

80 — 70

69 — 65

< 65

I.2.	Quarry impact ratio

m2 affected area (quarry front + active dump) / m2 authorised area

[%]

< 15

15 — 30

31 — 50

> 50

W1, W2

I.3.	Natural resource waste

m3 usable material / m3 extracted material

[%]

> 50

50 — 35

34 — 25

< 25

—

I.4.	Air quality

Yearly limit value measured along the border of quarry area.

PM 10 suspended particles [μg/Nm3]

Testing method EN 12341

< 20

20 — 100

101 — 150

> 150

I.5.	Water quality

Suspended solids [mg/l]

Testing method ISO 5667-17

< 15

15 — 30

31 — 40

> 40

W1, W2, W3

I.6.

Noise

Measured along the border of quarry area (dB(A))

Testing method ISO 1996-1

< 30

30 — 55

56 — 60

> 60

List of weightings (to be used only where specified):

W1. Soil protection: (weightings: 0,3 — 0,8, see table) — for quarry impact ratio (I.2) and water quality (I.5) indicators, three different values of weights are considered, as a function of land use potentialities (see Technical appendix — A1 for details):

Soil protection	Classes I — II	Classes III — IV — V	Classes VI — VII — VIII
Weight	0,3	0,5	0,8

Assessment and verification: the applicant shall provide appropriate documentation, including a map, of the land capability classification of the quarry site.

W2. Population density of settlements which lie within a 5 km radius (distance) from the quarry site: (weightings: 0,5 — 0,9, see table) quarry impact ratio (I.2), air quality (I.4), water quality (I.5) and noise (I.6) indicators are weighted in function of three density ranges:

Population density	> 100 hab/km2	20 to 100 hab/km2	< 20 hab/km2
Weight	0,5 (0,6)	0,7 (0,84)	0,9

Assessment and verification: the applicant shall provide a map and appropriate documentation to verify the population density of settlements lying within 5 km radius (distance) from the quarry border (authorised area). In the case of existing quarries and expanding settlements in the area concerned, the weight factor indicated in brackets shall be used. This does not refer to major extensions of the already authorised area of such quarries (> 75 %).

W3. (weightings: 0,5) — If the quarry interferes with surface water bodies (average flow < 5 m3/s) there is a weight of 0,5 on both the indicators about water recycling ratio (I.1) and water quality (I.5).

Assessment and verification: the applicant shall provide appropriate documentation to show whether or not there is any interference between the quarry and the surface water body.

1.2. Extraction management (for all hard covering products)

The raw materials used in the production of hard coverings shall comply with the following requirements for the related extraction activities:

Parameter

Requirement

Extraction activity project and environmental recovery

The applicant shall provide a technical report including the following documents:

the authorisation for the extraction activity;

the environmental recovery plan and/or environmental impact assessment report;

the map indicating the location of the quarry;

the declaration of conformity to Council Directive 92/43/EEC (2) (habitats) and Council Directive 79/409/EEC (3) (birds) (4). In areas outside the Community, a similar technical report is required to demonstrate compliance with the UN conservation on biological diversity (1992) and provide information on any national biodiversity strategy and action plan, if available.

Assessment and verification: the applicant shall provide the related data and documents including a map of the area. If the extraction activity is not directly managed by the producers, the documentation shall always be requested to the extractor(s).

2. Raw materials selection (for all hard coverings products)

These requirements apply both to raw and secondary or recovered materials used in the production processes and to semi-processed products (5) (mixtures) that are purchased externally (i.e. suppliers shall also have to comply with the criteria.)

2.1. Absence of risk phrases in raw materials

No substances or preparations that are assigned, or may be assigned at the time of application, any of the following risk phrases (or combinations thereof):

—	R45 (may cause cancer),

—	R46 (may cause heritable genetic damage),

—	R49 (may cause cancer by inhalation),

—	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),

—	R54 (toxic to flora),

—	R55 (toxic to fauna),

—	R56 (toxic to soil organisms),

—	R57 (toxic to bees),

—	R58 (may cause long-term adverse effects in the environment),

—	R59 (dangerous for the ozone layer),

—	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),

—	R68 (possible risk of irreversible effects),

as laid down in Council Directive 67/548/EEC (6) (Dangerous Substances Directive), and considering Directive 1999/45/EC of the European Parliament and of the Council (7) (Dangerous Preparations Directive), may be added to the raw materials.

Alternatively, classification may be considered according to Regulation (EC) No 1272/2008 of the European Parliament and of the Council (8). In this case no substances or preparations may be added to the raw materials that are assigned, or may be assigned at the time of application, with and of the following hazard statements (or combinations thereof): H350, H340, H350i, H400, H410, H411, H412, H413, EUH059, H360F, H360D, H361f, H361d, H360FD, H361fd, H360Fd, H360Df, H341.

Due to the environmental advantages of the recycling of materials, these criteria do not apply to the quota of closed-loop recycled materials (9) used by the process and as defined in Appendix A2.

Assessment and verification: in terms of chemical and mineralogical analysis, the material formulation shall be provided by the applicant together with a declaration of compliance with the abovementioned criteria.

2.2. Limitation of the presence of some substances in the additives (for glazed tiles only)

Where lead, cadmium and antimony (or any of their compounds) are used in the glazes, their content shall not exceed the following specific limits:

(% in weight of the glazes)
Parameter	Limit
Lead	0,5
Cadmium	0,1
Antimony	0,25

2.3. Limitation of the presence of asbestos and polyester resins in the materials

No asbestos shall be present in the raw materials used for natural and processed products, as laid down in Council Directive 76/769/EEC (11).

The use of polyester resins in the production shall be limited by 10 % of the total weight of raw materials.

3. Finishing operations (for natural products only)

Finishing operations on natural products shall be made according to the following requirements:

Parameter	Limit (to pass)	Test method
Particulate emission to air	PM10 < 150 μg/Nm3	EN 12341
Styrene emission to air	< 210 mg/N m3
Water recycling ratio		Technical appendix — A3
Suspended solid emission to water	< 40 mg/l	ISO 5667-17
Cd emission to water	< 0,015 mg/l	ISO 8288
Cr(VI) emission to water	< 0,15 mg/l	ISO 11083
Fe emission to water	< 1,5 mg/l	ISO 6332
Pb emission to water	< 0,15 mg/l	ISO 8288

Assessment and verification: the applicant shall provide the corresponding analysis and test reports for each emission parameter measured at all emission points. Where no test method is specified, or is mentioned as being for use in verification or monitoring, competent bodies should rely as appropriate on declarations and documentation provided by the applicant and/or independent verifications.

4. Production process (for processed products only)

4.1. Energy consumption

The energy consumption shall be calculated as process energy requirement (PER) for agglomerated stones and terrazzo tiles or as energy requirement for firing (ERF) for ceramic tiles and clay tiles.

(a) Process energy requirement (PER) limit

The process energy requirement (PER) for agglomerated stones and terrazzo tiles manufacturing processes shall not exceed the following levels:

	Requirement (MJ/kg)	Test method
Agglomerated stones	1,6	Technical appendix — A4
Terrazzo tiles	1,3	Technical appendix — A4

Note: all the requirements are expressed in MJ per kg of final product ready to be sold. This criterion does not apply to concrete paving units.

Assessment and verification: the applicant shall calculate the PER according to the Technical appendix — A4 instructions and provide the related results and supporting documentation.

(b) Energy requirement for firing (ERF) limit

The energy requirement for firing (ERF) stages for ceramic tiles and clay tiles shall not exceed the following requirements:

	Requirement (MJ/kg)	Test method
Ceramic and clay tiles	3,5	Technical appendix — A4

Note: requirement expressed in MJ per kg of final product ready to be sold.

Assessment and verification: the applicant shall calculate the ERF according to the Technical appendix — A4 instructions and provide the related results and supporting documentation.

4.2. Water consumption and use

(a)

The water consumption at the manufacturing stage, from raw material preparation to firing operations, for the fired products shall not exceed the following requirement:

(litres/kg of product)
Parameter	Requirement
Fresh water specific consumption (Cwp-a)	1

Assessment and verification: the applicant shall provide the calculation of fresh water specific consumption as indicated in the Technical appendix — A5. For fresh water, only groundwater, shallow water or water from the aqueduct should be considered.

(b)

The waste water produced by the processes included in the production chain shall reach a recycling ratio of at least 90 %. The recycling ratio shall be calculated as the ratio between the waste water recycled or recovered by applying a combination of process optimisation measures and process waste water treatment systems, internally or externally at the plant, and the total water that leaves the process, as defined in the Technical appendix — A3.

Assessment and verification: the applicant shall provide the calculation of the recycling ratio including raw data on total wastewater produced, water recycled and the quantity and source of fresh water used in the process.

4.3. Emissions to air

(a) Agglomerated stones

The emissions to air for the following parameters for the whole manufacturing process shall not exceed the following:

Parameters	Limit value (mg/m2)	Test method
Particulate matter (dust)	300	EN 13284-1
Nitrogen oxides (as NOx)	1 200	EN 14792
Sulphur dioxide (SO2)	850	EN 14791
Styrene	2 000	—

Assessment and verification: the applicant shall provide appropriate documentation and test reports for each emission parameter mentioned above, following the indications of the Technical appendix — A6. Where no testing method is specified, or is mentioned as being for use in verification or monitoring, competent bodies should rely, as appropriate, on declarations and documentation provided by the applicant and/or independent verifications.

(b) Ceramic tiles

The total emissions to air of particulates for pressing, glazing and spray drying (‘cold emissions’) shall not exceed 5 g/m2.

Assessment and verification: the applicant shall provide appropriate documentation and test reports, following the indications of the Technical appendix — A6.

The emissions to air for the firing stage only shall not exceed the following:

Parameters	Limit value (mg/m2)	Test method
Particulate matter (dust)	200	EN 13284-1
Fluorides (as HF)	200	ISO 15713
Nitrogen oxides (as NOx)	2 500	EN 14792
Sulphur dioxide (SO2) Sulphur content in raw material ≤ 0,25 %	1 500	EN 14791
Sulphur dioxide (SO2) Sulphur content in raw material > 0,25 %	5 000	EN 14791

The emissions to air for the following parameters for the clay tiles firing stage shall not exceed the specific limits calculated using the formula:

Value (mg/m2) = Emission rate (mg/[m2 (area) x cm (thickness)])

referred to in the following table:

Parameters	Emission rate (mg/m2 *cm)	Limit value (mg/m2)	Test method
Particulate matter (dust)	250	1 000	EN 13284
Fluorides (as HF)	200	800	ISO 15713
Nitrogen oxides (as NOx)	3 000	12 000	EN 14792
Sulphur dioxide (SO2)	2 000	8 000	EN 14791

The limits calculated in this way shall not exceed the limit values provided in the table.

(d) Terrazzo tiles and concrete paving units

The emissions to air for the following parameters for the whole manufacturing process shall not exceed the following values:

Parameters	Limit (mg/m2)	Test method
Particulate matter (dust)	300	EN 13284-1
Nitrogen oxides (as NOx)	2 000	EN 14792
Sulphur dioxide (SO2)	1 500	EN 14791

4.4. Emissions to water

After waste water treatment, whether on-site or off-site, the following parameters shall not exceed the following limits:

Parameter	Limit	Test methods
Suspended solid emission to water	40 mg/l	ISO 5667-17
Cd emission to water	0,015 mg/l	ISO 8288
Cr(VI) emission to water	0,15 mg/l	ISO 11083
Fe emission to water (12)	1,5 mg/l	ISO 6332
Pb emission to water	0,15 mg/l	ISO 8288

Assessment and verification: the applicant shall provide appropriate documentation and test reports showing compliance with this criterion.

4.5. Cement

The use of raw materials for cement production shall be consistent with extraction management for processed products requirements (criterion 1.2).

Those producers who use cement in the production process shall comply with the following requirements:

—	cement included in any product shall be produced using not more than 3 800 MJ/t of process energy requirement (PER), calculated as explained in the Technical appendix — A4,

—

the cement included in any product shall be produced respecting the following air emission limits:

Parameter	Current limit (g/t)	Test methods
Dust	65	EN 13284-1
SO2	350	EN 14791
NOx	900	EN 14792

Assessment and verification: the applicant shall provide the relevant test reports and documentation related to the PER and the air emissions deriving from the cement production.

5. Waste management

All plants involved in the production of the product shall have a system for handling the waste and residual products deriving from the production of the product. The system shall be documented and explained in the application form and shall at least include information on the following three items:

—	procedures for separating and using recyclable materials from the waste stream,

—	procedures for recycling materials for other uses,

—	procedures for handling and disposing of hazardous waste.

Assessment and verification: the applicant shall provide appropriate documentation.

5.1. Waste management (for natural products only)

The applicant shall provide appropriate documentation about waste management deriving from quarrying and from finishing operation. Waste management and the reuse of by-products (sawing included) have to be declared.

Assessment and verification: the applicant shall provide a declaration of conformity with the requirement in accordance with the Directive 2006/21/EC of the European Parliament and of the Council (13).

5.2. Recovery of waste (for processed products only)

The applicant shall provide an appropriate documentation on the procedures adopted for the recycle of the by-products originated from the process. The applicant shall provide a report including the following information:

—	kind and quantity of waste recovered,

—	kind of disposal,

—	information about the reuse (internally or externally to the production process) of waste and secondary materials in the production of new products.

At least 85 % (by weight) of the total waste generated by the process or the processes (14) shall be recovered according to the general terms and definitions established by Council Directive 75/442/EEC (15).

Assessment and verification: the applicant shall provide appropriate documentation based on, for example, mass balance sheets and/or environmental reporting systems showing the rates of recovery achieved whether externally or internally, for example, by means of recycling, reuse or reclamation/regeneration.

6. Use phase

6.1. Release of dangerous substances (glazed tiles only)

In order to control the potential release of dangerous substances in the use phase and at the end of the glazed tile's life, the products shall be verified according to the EN ISO 10545-15 test. The following limits shall not be exceeded:

Parameter	Limit (mg/m2)	Testing method
Pb	80	EN ISO 10545-15
Cd	7	EN ISO 10545-15

Assessment and verification: the applicant shall provide an analysis and test reports with regard to the emission parameters mentioned above. This shall include a declaration of conformity of the product with the requirements of Council Directive 89/106/EEC (16) and with relevant harmonised standards created by CEN once published in the Official Journal of the European Union.

7. Packaging

Paperboard used for the packaging of the final product should be designed for reuse or be made out of 70 % recycled materials.

Assessment and verification: a sample of the product packaging shall be provided together with a corresponding declaration of compliance with all the requirements.

8. Fitness for use

The product shall be fit for use. This evidence may include data from appropriate ISO, CEN or equivalent test methods, such as national or in-house test procedures.

An indication of the kind of use for which the product is fit for use has to be clearly specified: wall, floor or wall/floor if suitable for both purposes.

Assessment and verification: details of the test procedures and results shall be provided, together with a declaration that the product is fit for use based on all other information about the best application by the end-user. According to Directive 89/106/EEC a product is presumed to be fit for use if it conforms to a harmonised standard, a European technical approval or a non-harmonised technical specification recognised at Community level. The EC conformity mark ‘CE’ for construction products provides producers with an attestation of conformity easily recognisable and may be considered as sufficient in this context.

9. Consumer information

The product shall be sold with relevant user information, which provides advice on the product's proper and best general and technical use as well as its maintenance. It shall bear the following information on the packaging and/or on documentation accompanying the product:

(a)	information that the product has been awarded the Community eco-label together with a brief yet specific explanation as to what this means in addition to the general information provided by box 2 of the logo;

(b)

recommendations for the use and maintenance of the product. This information should highlight all relevant instructions particularly referring to the maintenance and use of products. As appropriate, reference should be made to the features of the product's use under difficult climatic or other conditions, for example, frost resistance/water absorption, stain resistance, resistance to chemicals, necessary preparation of the underlying surface, cleaning instructions and recommended types of cleaning agents and cleaning intervals. The information should also include any possible indication on the product's potential life expectancy in technical terms, either as an average or as a range value;

(c)	an indication of the route of recycling or disposal;

(d)	information on the Community eco-label and its related product groups, including the following text (or equivalent): ‘for more information visit the EU eco-label website: http://www.ecolabel.eu’.

Assessment and verification: the applicant shall provide a sample of the packaging and/or texts enclosed.

10. Information appearing on the eco-label

Box 2 of the eco-label shall contain the following text:

Natural products:

—	reduced impact of extraction on habitats and natural resources,

—	limited emission from finishing operations,

—	improved consumer information and waste management.

Processed products:

—	reduced energy consumption of production processes,

—	reduced emissions to air and water,

—	improved consumer information and waste management.

Assessment and verification: the applicant shall provide a sample of the packaging and/or texts enclosed.

(1) OJ L 327, 22.12.2000, p. 1.

(2) OJ L 206, 22.7.1992, p. 7.

(3) OJ L 103, 25.4.1979, p. 1.

(4) For detailed information see http://ec.europa.eu/environment/nature/index_en.htm

(5) Semi-processed products are balanced mixtures of different raw materials ready to be introduced in the production process.

(6) OJ 196, 16.8.1967, p. 1.

(7) OJ L 200, 30.7.1999, p. 1.

(8) OJ L 353, 31.12.2008, p. 1.

(9) ‘Close loop recycling’ means recycling a waste product into the same product. For secondary material arising from a manufacturing process (such as leftovers or remnants), ‘closed loop recycling’ means that the materials are used again in the same process.

(10) Glazes are all the substances applied on the tiles surface between the tile shaping and the firing stage.

(11) OJ L 262, 27.9.1976, p. 201.

(12) The ‘Fe’ parameter is applicable to all the processed products ‘with the exclusion of ceramic tiles’.

(13) OJ L 102, 11.4.2006, p. 15.

(14) Process wastes do not include maintenance wastes, organic wastes and urban wastes produced by auxiliary and office activities.

(15) OJ L 194, 25.7.1975, p. 39.

(16) OJ L 40, 11.2.1989, p. 12.

Technical appendix for hard coverings

The applicant shall provide all the required information calculated, measured or tested for the period immediately before the application. Measurements shall be representative for the respective series of testing and it should be consistent for all parts of the application as appropriate.

A1 Raw material extraction — indicators and weights definitions

Confined waterbed

The expression ‘confined waterbed’ identifies an artesian waterbed.

Average flow of the surface water bodies

The average flow of the watercourse that interferes with the quarry shall be calculated taking into account the authorised area of the considered quarry. The calculation shall be made multiplying the section of the water body by the velocity of the water. The values shall be representative of at least 12 months.

Indicator description

I.1. Water recycling ratio

See A3.

I.2. Quarry impact ratio

The calculation of I.2 consists of the measurement of the affected area, which includes quarry front and active dump areas, and of the authorised area. These areas should be measured during operating activities.

I.3. Natural resource waste

The calculation of I.3 consists of the evaluation of the usable material and of the total volume extracted yearly. Usable material refers to all the volume which can be used in any process: for example, commercial blocks, aggregate materials, everything else suitable for further processing and use.

I.4. Air quality

This indicator is described in Council Directive 1999/30/EC (1). The calculation of I.4 consists of the measurement, along the border of quarry area, of PM 10 suspended particles based on the specific requirements of the test method and the general provisions of that Directive (PM 10 are defined in Article 2(11)). The test method is defined in EN 12341.

I.5. Water quality

This indicator considers the total emissions of suspended solids after treatment on surface water flowing out of the quarry site. The calculation of I.5 consists of the measurement of total suspended solids using the test method reported in ISO 5667-17.

I.6. Noise

This indicator considers the noise level recorded along the border of the quarry area. Non-impulsive noises are to be measured. The calculation of I.6 consists in the measurement of the noise using the test method reported in ISO 1996-1.

Weight description

W1. Soil protection/land capability classification

According to the European Soil Bureau's indication, land is graded on the basis of its potentialities and the severity of its limitations for crop growth into eight capability classes. An indicative description of the classes is as follows:

—	Class I soils have slight limitations that restrict their use,

—	Class II soils have moderate limitations that reduce the choice of plants or require moderate conservation practices,

—	Class III soils have severe limitations that reduce the choice of plants or require special conservation practices, or both,

—	Class IV soils have very severe limitations that restrict the choice of plants or require very careful management, or both,

—	Class V soils have little or no hazard of erosion but have other limitations, impractical to remove, that limit their use mainly to pasture, range, forest land, or wildlife food and cover,

—	Class VI soils have severe limitations that make them generally unsuited to cultivation and that limit their use mainly to pasture, range, forest land, or wildlife food and cover,

—	Class VII soils have very severe limitations that make them unsuited to cultivation and that restrict their use mainly to grazing, forest land, or wildlife,

—	Class VIII soils and miscellaneous areas have limitations that preclude their use for commercial plant production and limit their use to recreation, wildlife, or water supply or for aesthetic purposes.

A2 Raw materials selection

‘Closed loop recycling’ means recycling a waste product into the same kind of product; for ‘secondary material’ arising from a manufacturing process (such as leftovers or remnants), ‘closed loop recycling’ means that the materials are used again in the same process.

A3 Water recycling ratio

The calculation of the water recycling ratio shall be consistent with the following formula based on the flows highlighted in Figure A1.

Formula

For waste water is meant only the water used in processing plants, not comprehensive of the fresh water coming from rain and subsoil water.

A4 Energy consumption calculation (PER, ERF)

When providing a calculation of process energy requirement (PER) or energy requirement for firing (ERF), the correct energy carriers shall be taken into account for the entire plant or for the firing stage only. Gross calorific values (high heat value) of fuels shall be used to convert energy units to MJ (Table A1). In case of use of other fuels, the calorific value used for the calculation shall be mentioned. Electricity means net imported electricity coming from the grid and internal generation of electricity measured as electric power.

Evaluation of PER for agglomerated stone production shall consider all energy flows entering the production plant both as fuels and electricity.

Evaluation of PER for terrazzo tiles production must consider all energy flows entering the production plant both as fuels and electricity.

Evaluation of ERF for ceramic tile production shall consider all energy flows entering all the kilns as fuels for the firing stage.

Evaluation of ERF for clay tile production shall consider all energy flows entering all the kilns as fuels for the firing stage.

Evaluation of PER for cement production shall consider all energy flows entering the production system both as fuels and electricity.

Table A1

Table for calculation of PER or ERF (see text for explanations)

Production period	Days	From	To
Production (kg)
Fuel	Quantity	Units	Conversion factor	Energy (MJ)
Natural gas		kg	54,1
Natural gas		Nm3	38,8
Butane		kg	49,3
Kerosene		kg	46,5
Gasoline		kg	52,7
Diesel		kg	44,6
Gas oil		kg	45,2
Heavy fuel oil		kg	42,7
Dry steam coal		kg	30,6
Anthracite		kg	29,7
Charcoal		kg	33,7
Industrial coke		kg	27,9
Electricity (from net)		kWh	3,6
Total energy
Specific energy consumption (MJ/kg of product)

A5 Water consumption calculation

The fresh water specific consumption shall be calculated as follows:

CWp-a = (Wp + Wa)/Pt

Cwp-a	=	fresh water specific consumption. The results are expressed in m3/tonnes, equivalent to l/kg;
Pt	=	total stored production in tonnes;
Wp	=	water from wells and intended for exclusive industrial use (excluding water form wells for domestic use, irrigation and any other non-industrial use), in m3;
Wa	=	water from aqueduct and intended for exclusive industrial use (excluding water form aqueduct for domestic use, irrigation and any other non-industrial use) in m3.

The system boundaries are intended from raw materials to firing operation.

A6 Emissions to air (for processed products only)

The air pollutant emission factors shall be calculated as follows:

—	the concentration in the exhaust gas emitted to the environment of each parameter considered in the tables shall be calculated,

—	the measurements used for the calculation must be made following the testing methods indicated in the tables,

—	the samplings shall be representative of the considered production.

(1) OJ L 163, 29.6.1999, p. 41.

(2) ‘W’ means the waste water discharged into the environment.

12.8.2009

Official Journal of the European Union

L 208/39

Corrigendum to Commission Regulation (EC) No 256/2009 of 23 March 2009 amending Annexes II and III to Regulation (EC) No 396/2005 of the European Parliament and of the Council as regards maximum residue levels for azoxystrobin and fludioxonil in or on certain products

( Official Journal of the European Union L 81 of 27 March 2009 )

On page 10, in the Annex, point 2, in the table (lines for fludioxonil):

for:

‘Code number	Groups and examples of individual products to which the MRLs apply (a)	Fludioxonil
140030	Peaches	5’

read:

‘Code number	Groups and examples of individual products to which the MRLs apply (a)	Fludioxonil
140030	Peaches	7’

		ISSN 1725-2555 doi:10.3000/17252555.L_2009.208.eng
Official Journal of the European Union		L 208

English edition	Legislation	Volume 52 12 August 2009

Contents		I Acts adopted under the EC Treaty/Euratom Treaty whose publication is obligatory	page
		REGULATIONS
		Commission Regulation (EC) No 731/2009 of 11 August 2009 establishing the standard import values for determining the entry price of certain fruit and vegetables	1
	*	Commission Regulation (EC) No 732/2009 of 10 August 2009 amending for the 111th time Council Regulation (EC) No 881/2002 imposing certain specific restrictive measures directed against certain persons and entities associated with Usama bin Laden, the Al-Qaida network and the Taliban	3
	*	Commission Regulation (EC) No 733/2009 of 11 August 2009 adopting emergency measures for the market of milk and milk products in the form of opening the buying-in of butter and skimmed milk powder by a tendering procedure for the period from 1 September 2009 until 30 November 2009	5
	*	Commission Regulation (EC) No 734/2009 of 11 August 2009 initiating an investigation concerning the possible circumvention of anti-dumping measures imposed by Council Regulation (EC) No 1858/2005 on imports of steel ropes and cables originating in the People’s Republic of China by imports of steel ropes and cables consigned from the Republic of Korea and Malaysia, whether declared as originating in the Republic of Korea and Malaysia or not, and making such imports subject to registration	7
		Commission Regulation (EC) No 735/2009 of 11 August 2009 amending the representative prices and additional import duties for certain products in the sugar sector fixed by Regulation (EC) No 945/2008 for the 2008/2009 marketing year	11
		Commission Regulation (EC) No 736/2009 of 11 August 2009 on the issue of import licences for applications submitted in the first four days of August 2009 under the tariff quota for high-quality beef administered by Regulation (EC) No 620/2009	13
		Commission Regulation (EC) No 737/2009 of 11 August 2009 setting the allocation coefficient for the issuing of import licences applied for from 3 to 7 August 2009 for sugar products under tariff quotas and preferential agreements	14
	*	Commission Regulation (EC) No 738/2009 of 11 August 2009 establishing a prohibition of fishing for anglerfish in VIIIc, IX and X; EC waters of CECAF 34.1.1 by vessels flying the flag of Portugal	19

	II Acts adopted under the EC Treaty/Euratom Treaty whose publication is not obligatory
	DECISIONS
	Commission
	2009/607/EC
*	Commission Decision of 9 July 2009 establishing the ecological criteria for the award of the Community eco-label to hard coverings (Notified under document C(2009) 5613) ( 1 )	21

		Corrigenda
	*	Corrigendum to Commission Regulation (EC) No 256/2009 of 23 March 2009 amending Annexes II and III to Regulation (EC) No 396/2005 of the European Parliament and of the Council as regards maximum residue levels for azoxystrobin and fludioxonil in or on certain products (OJ L 81, 27.3.2009)	39