ISSN 1725-2555
doi:10.3000/17252555.L_2010.129.eng
Official Journal
of the European Union
L 129
English edition
Legislation
Volume 53
28 May 2010
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ISSN 1725-2555 doi:10.3000/17252555.L_2010.129.eng |
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Official Journal of the European Union |
L 129 |
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English edition |
Legislation |
Volume 53 |
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Contents |
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I Legislative acts |
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DECISIONS |
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(1) Text with EEA relevance |
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EN |
Acts whose titles are printed in light type are those relating to day-to-day management of agricultural matters, and are generally valid for a limited period. The titles of all other Acts are printed in bold type and preceded by an asterisk. |
I Legislative acts
DECISIONS
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28.5.2010 |
EN |
Official Journal of the European Union |
L 129/1 |
DECISION No 458/2010/EU OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
of 19 May 2010
amending Decision No 573/2007/EC establishing the European Refugee Fund for the period 2008 to 2013 by removing funding for certain Community actions and altering the limit for funding such actions
THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty on the Functioning of the European Union, and in particular Article 78(2) thereof,
Having regard to the proposal from the European Commission,
Acting in accordance with the ordinary legislative procedure (1),
Whereas:
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(1) |
The policy of the Union on the Common European Asylum System (the CEAS) is designed, under the terms of the Hague Programme, to establish a common asylum area by means of an effective harmonised procedure consistent with the values and humanitarian tradition of the European Union. |
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(2) |
Much progress has been made in recent years towards the establishment of the CEAS, thanks to the introduction of common minimum standards. There remain great disparities between the Member States, however, in the granting of international protection and the forms that such protection takes. |
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(3) |
In its Policy Plan on Asylum, adopted in June 2008, the Commission announced its intention to develop the CEAS by proposing a revision of the existing legal instruments in order to achieve greater harmonisation of the applicable standards and by strengthening support for practical cooperation between the Member States, in particular, by a legislative proposal to establish a European Asylum Support Office (the Support Office) in order to increase coordination of operational cooperation between Member States so that the common rules are implemented effectively. |
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(4) |
In the European Pact on Immigration and Asylum, adopted in September 2008, the European Council solemnly reiterated that any persecuted foreigner is entitled to obtain aid and protection on the territory of the European Union in application of the Geneva Convention of 28 July 1951 relating to the Status of Refugees, as amended by the New York Protocol of 31 January 1967, and other relevant treaties. It was also expressly agreed that a European support office would be established in 2009. |
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(5) |
Practical cooperation on asylum aims to increase convergence and ensure ongoing quality of Member States’ decision-making procedures in that area, within a European legislative framework. A substantial number of practical cooperation measures have already been undertaken in recent years, notably the adoption of a common approach to information on countries of origin and the establishment of a common European asylum curriculum. The Support Office should be established in order to strengthen and develop those cooperation measures. |
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(6) |
In the interests of simplifying actions to support practical cooperation on asylum matters, and in so far as the Support Office should be entrusted with some of the tasks that are currently financed under the European Refugee Fund, it is necessary to transfer responsibility for some of the Community actions provided for in Article 4 of Decision No 573/2007/EC (2) from the European Refugee Fund to the Support Office in order to ensure the best possible practical cooperation on asylum matters. |
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(7) |
In order to take account of the reduced scope of the Community actions, the limit for their funding laid down in Decision No 573/2007/EC should be reduced from 10 % of the Fund’s available resources to 4 % thereof. |
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(8) |
The financial envelope for the implementation of Decision No 573/2007/EC should be reduced in order to free up resources for funding the Support Office. |
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(9) |
In accordance with Article 3 of the Protocol on the Position of the United Kingdom and Ireland in respect of the area of freedom, security and justice, annexed to the Treaty on European Union and to the Treaty on the Functioning of the European Union, the United Kingdom and Ireland have notified their wish to take part in the adoption and application of this Decision. |
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(10) |
In accordance with Articles 1 and 2 of the Protocol on the Position of Denmark, annexed to the Treaty on European Union and to the Treaty on the Functioning of the European Union, Denmark is not taking part in the adoption of this Decision and is not bound by it nor subject to its application, |
HAVE ADOPTED THIS DECISION:
Article 1
Decision No 573/2007/EC is hereby amended as follows:
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1. |
Article 4 is amended as follows:
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2. |
Article 12(1) is replaced by the following: ‘1. The financial envelope for the implementation of this Decision from 1 January 2008 to 31 December 2013 shall be EUR 614 million.’. |
Article 2
This Decision shall enter into force on the 20th day following its publication in the Official Journal of the European Union.
Article 3
This Decision is addressed to the Member States in accordance with the Treaties.
Article 4
This Decision shall be published in the Official Journal of the European Union.
Done at Strasbourg, 19 May 2010.
For the European Parliament
The President
J. BUZEK
For the Council
The President
D. LÓPEZ GARRIDO
(1) Position of the European Parliament of 7 May 2009 (not yet published in the Official Journal), position of the Council at first reading of 25 February 2010 (not yet published in the Official Journal). Position of the European Parliament of 19 May 2010 (not yet published in the Official Journal).
II Non-legislative acts
REGULATIONS
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28.5.2010 |
EN |
Official Journal of the European Union |
L 129/3 |
COMMISSION REGULATION (EU) No 459/2010
of 27 May 2010
amending Annexes II, III and IV to Regulation (EC) No 396/2005 of the European Parliament and of the Council as regards maximum residue levels for certain pesticides in or on certain products
(Text with EEA relevance)
THE EUROPEAN COMMISSION,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to Regulation (EC) No 396/2005 of the European Parliament and of the Council of 23 February 2005 on maximum residue levels of pesticides in or on food and feed of plant and animal origin and amending Council Directive 91/414/EEC (1), and in particular Article 5(1) and Article 14(1) thereof,
Whereas:
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(1) |
For azoxystrobin, cypermethrin, indoxacarb, isoxaflutole, ethephon fenitrothion, lambda-cyhalothrin, methomyl, profenofos, pyraclostrobin, thiacloprid, triadimefon, triadimenol and trifloxystrobin maximum residue levels (MRLs) were set in Annex II and part B of Annex III to Regulation (EC) No 396/2005. For aminopyralid, boscalid, buprofezin, chlorantraniliprole, cyprodinil, difenoconazole, flusilazole, fosetyl, imidacloprid, mandipropamid, metazachlor, prothioconazole, spinetoram, spirotetramat, sulphur and tebuconazole MRLs were set in part A of Annex III to Regulation (EC) No 396/2005. |
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(2) |
In the context of a procedure, in accordance with Council Directive 91/414/EEC of 15 July 1991 concerning the placing of plant protection products on the market (2), for the authorisation of the use of a plant protection product containing the active substance azoxystrobin on swedes an application was made under Article 6(1) of Regulation (EC) No 396/2005 for modification of the existing MRL. |
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(3) |
As regards aminopyralid, such an application was made for the use on pastures. In view of that application, it is necessary to modify the existing MRL for bovine kidney because through grazing the pesticide is ingested by cattle. As regards boscalid, such an application was made for the use on gherkins and courgettes. As regards cyprodinil, such an application was made for the use on celeriac. As regards difenoconazole, such an application was made for the use on fennel, parsley, celery leaves and chervil. As regards indoxacarb, such an application was made for the use on cherries and sugar beets. As regards isoxaflutole, such an application was made to change the residue definition. As regards fosetyl, such an application was made for the use on radishes. As regards lambda-cyhalothrin, such an application was made for the use on globe artichokes and currants. As regards metazachlor, such an application was made for the use on rapeseed, kale, cabbage, swedes, turnips, and cereals. In view of that application, it is necessary to modify the existing MRLs for liver from bovines, sheep and goats, since rapeseed, kale, cabbage, swedes, turnips, and cereals are used as feed, and residues may end up on forage for these animals. In addition, it is necessary to modify the residue definition on animal products. As regards pyraclostrobin, such an application was made for the use on beetroot, gherkin and courgettes. As regards spirotetramat, such an application was made for the use on plums and cherries. As regards tebuconazole, such an application was made for the use on swedes and turnips. As regards thiacloprid, such an application was made for the use on lambs lettuce, celery and fennel. As regards trifloxystrobin, such an application was made for the use on parsnips, parsley root, salsify, swedes and turnips. |
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(4) |
In accordance with Article 6(2) and (4) of Regulation (EC) No 396/2005 applications were made for spinetoram on peaches (including nectarines) and apricots. The authorised use of spinetoram on peaches, nectarines and apricots in South Africa, Argentina, Chile, New Zealand and Israel lead to higher residues than the MRL in Annex III to Regulation (EC) No 396/2005. To avoid trade barriers for the importation of peaches, nectarines and apricots, a higher MRL is necessary. |
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(5) |
In accordance with Article 8 of Regulation (EC) No 396/2005, these applications were evaluated by the Member States concerned and the evaluation reports were forwarded to the Commission. |
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(6) |
The European Food Safety Authority, hereinafter ‘the Authority’, assessed the applications and the evaluation reports, examining in particular the risks to the consumer and where relevant to animals and gave reasoned opinions on the proposed MRLs (3). It forwarded these opinions to the Commission and the Member States and made them available to the public. |
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(7) |
The Authority concluded in its reasoned opinions that all requirements with respect to data were met and that the modifications to the MRLs needed by the applicants were acceptable with regard to consumer safety on the basis of a consumer exposure assessment for 27 specific European consumer groups. It took into account the most recent information on the toxicological properties of the substances. Neither the lifetime exposure to these substances via consumption of all food products that may contain these substances, nor the short term exposure due to extreme consumption of the relevant crops showed that there is a risk that the acceptable daily intake (ADI) or the acute reference dose (ARfD) is exceeded. In some cases the Authority considered that a higher MRL was necessary than the MRL proposed by the evaluating Member State. In those cases it is appropriate to allow the higher MRL, as proposed by the Authority, provided that the Authority considered this MRL safe. In other cases the Authority considered that a lower MRL than the MRL proposed by the evaluating Member State was sufficient. In those cases it is appropriate to set the lower MRL. |
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(8) |
In accordance with Article 12(2) of Regulation (EC) No 396/2005 the Authority evaluated the safety of existing MRLs for ethephon (4) and concluded that the MRLs for 12 crops could be set higher to take account of existing CXLs. |
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(9) |
As regards fenitrothion, the validity of MRLs for cereals expired on 1 June 2009. For the sake of clarity it is appropriate to indicate the lowest limit of analytical determination (LOD) for that pesticide on cereals in Regulation (EC) No 396/2005. |
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(10) |
As regards sulphur, the Authority recommended in its conclusion (5) not to continue to set MRLs for that pesticide because of its low toxicity. In view of that conclusion it is appropriate to delete the existing MRLs for that pesticide and to include it in Annex IV to Regulation (EC) No 396/2005. |
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(11) |
Based on the reasoned opinions of the Authority and taking into account the factors relevant to the matter under consideration, the appropriate modifications to the MRLs fulfil the requirements of Article 5(1) and Article 14(2) of Regulation (EC) No 396/2005. |
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(12) |
On 4 July 2009 the Codex Alimentarius Commission (CAC) adopted CXLs for azoxystrobin, buprofezin, chlorantraniliprole, cypermethrin, flusilazole, imidacloprid, lambda-cyhalothrin, mandipropamid, methomyl, profenofos, prothioconazole, spinetoram, spirotetramate, tebuconazole, triadimefon and triadimenol. These CXLs should be included in Regulation (EC) No 396/2005 as MRLs, with the exception of those CXLs which are not safe for a European consumer group and for which the Union presented a reservation to the CAC. |
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(13) |
Regulation (EC) No 396/2005 should therefore be amended accordingly. |
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(14) |
The measures provided for in this Regulation are in accordance with the opinion of the Standing Committee on the Food Chain and Animal Health, |
HAS ADOPTED THIS REGULATION:
Article 1
Annexes II, III and IV to Regulation (EC) No 396/2005 are amended in accordance with the Annex to this Regulation.
Article 2
This Regulation shall enter into force on the day following that of its publication in the Official Journal of the European Union.
The MRLs for ethephon shall apply from 8 June 2010.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 27 May 2010.
For the Commission
The President
José Manuel BARROSO
(2) OJ L 230, 19.8.1991, p. 1.
(3) EFSA scientific reports available on http://www.efsa.europa.eu
Reasoned opinion of EFSA prepared by the Pesticides Unit (PRAPeR) on the modification of the existing MRLs for aminopyralid in bovine kidney. EFSA Scientific Report (2009) 302, 1.
Reasoned opinion of EFSA prepared by the Pesticides Unit (PRAPeR) on the modification of existing MRL for azoxystrobin in swedes, EFSA Journal 2009; 7(9):1308.
Reasoned opinion of EFSA prepared by the Pesticides Unit (PRAPeR) on the modification of the existing MRLs for cyprodinil in celeriac. EFSA Scientific Report (2009) 325.
Reasoned opinion of EFSA prepared by the Pesticides Unit (PRAPeR) on the modification of the existing MRLs for difenoconazole in leafy vegetables. EFSA Scientific Report (2009) 337.
Reasoned opinion of EFSA prepared by the Pesticides Unit (PRAPeR) on the modification of the existing MRLs for indoxacarb in cherries and sugar beet. EFSA Scientific Report (2009) 324.
Reasoned opinion of EFSA prepared by the Pesticides Unit (PRAPeR) on the modification of the residue definition for isoxaflutole. EFSA Scientific Report (2009) 323.
Reasoned opinion of EFSA prepared by the Pesticides Unit (PRAPeR) on the modification of the existing MRLs for fosetyl-al on radishes. EFSA Journal 2009; 7(9):1313.
Reasoned opinion of EFSA prepared by the Pesticides Unit on the modification of the existing MRLs for lambda-cyhalothrin, EFSA Scientific Report (2009) 226 and 330.
Reasoned opinion of EFSA prepared by the Pesticides Unit (PRAPeR) on the modification of the existing MRLs for metazachlor on liver. EFSA Scientific Report (2009) 320.
Reasoned opinion of EFSA prepared by the Pesticides Unit on the modification of the existing MRLs for pyraclostrobin in courgettes, gherkins and beetroot. EFSA Scientific Report (2009) 342.
Reasoned opinion of EFSA prepared by the Pesticides Unit on the setting of an import tolerance for spinetoram on peach and apricot. EFSA Journal 2009; 7(9):1312.
Reasoned opinion of EFSA prepared by the Pesticides Unit (PRAPeR) on the modification of the existing MRLs for spirotetramat. EFSA Scientific Report (2009) 306.
Reasoned opinion of EFSA prepared by the Pesticides Unit (PRAPeR) on the modification of the existing MRLs for tebuconazole in mandarins and passion fruit. EFSA Scientific Report (2009) 1368.
Reasoned opinion of EFSA prepared by the Pesticides Unit (PRAPeR) on the modification of the existing MRLs for thiacloprid. EFSA Scientific Report (2009) 307.
Reasoned opinion of EFSA prepared by the Pesticides Unit (PRAPeR) on the modification of the existing MRLs for trifloxystrobin in various crops. EFSA Scientific Report (2008) 314.
(4) Reasoned Opinion Review of existing MRLs for ethephon. EFSA Journal 2009; 7(10):1347.
(5) Conclusion on pesticide peer review regarding the risk assessment of the active substance sulfur. EFSA Scientific Report (2008) 221.
ANNEX
Annexes II, III and IV to Regulation (EC) No 396/2005 are amended as follows:
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1. |
In Annex II the heading ‘Isoxaflutole (sum of isoxaflutole, RPA 202248 and RPA 203328, expressed as isoxaflutole)’ is changed by removing ‘and RPA 203328’; the columns for azoxystrobin, cypermethrin, indoxacarb, ethephon, fenitrothion, lambda-cyhalothrin, methomyl, profenofos, pyraclostrobin, thiacloprid, triadimefon, triadimenol and trifloxystrobin are replaced by the following: ‘Pesticide residues and maximum residue levels (mg/kg)
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2. |
Annex III is amended as follows:
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3. |
In Annex IV, the entry: ‘sulphur’ is added, in alphabetical order. |
(1) For the complete list of products of plant and animal origin to which MRLs apply, reference should be made to Annex I.
(2) Indicates lower limit of analytical determination.
(3) Pesticide-code combination for which the MRL as set in Annex III Part B applies.
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(F) |
= |
Fat soluble |
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(R) |
= |
The residue definition differs for the following combinations pesticide-code number: Lambda-Cyhalothrin — code 1000000: Lambda-cyhalothrin, including other mixed isomeric consituents (sum of isomers) Ethephon 0161030 (+) MRL will be valid until 1 July 2011 pending submission and evaluation of additional residue trials Ethephon 0401090 (+) MRL will be valid until 1 July 2011 pending submission and evaluation of an additional metabolism study.’ |
(4) For the complete list of products of plant and animal origin to which MRLs apply, reference should be made to Annex I.
(5) Indicates lower limit of analytical determination
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(F) |
= |
Fat soluble |
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(R) |
= |
The residue definition differs for the following combinations pesticide-code number: Cyprodini — code 1000000: Sum cyprodinil and metabolite CGA 304075 Flusilazole — code 1000000: Sum of flusilazole and its metabolite IN-F7321 ([bis-(4-fluorophenyl)methyl]silanol) expressed as flusilazole Boscalid (F) (R) — code 1000000: Enforcement residue definition for animal products: Sum of boscalid and M 510F01 including its congugates Metazachlor (R) — code 1000000: Enforcement residue definition: metazachlor including degradation and reaction products, which can be determined as 2,6-dimethylaniline, calculated in total as metazachlor.’ |
(6) For the complete list of products of plant and animal origin to which MRLs apply, reference should be made to Annex 1.
(7) Indicates lower limit of analytical determination
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(F) |
= |
Fat soluble |
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(R) |
= |
The residue definition differs for the following combinations pesticide-code number: Lambda-Cyhalothrin — code 1000000: Lambda-cyhalothrin, including other mixed isomeric consituents (sum of isomers).’ |
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28.5.2010 |
EN |
Official Journal of the European Union |
L 129/50 |
COMMISSION REGULATION (EU) No 460/2010
of 27 May 2010
amending Regulation (EC) No 1580/2007 as regards the trigger levels for additional duties on tomatoes, apricots, lemons, plums, peaches, including nectarines, pears and table grapes
THE EUROPEAN COMMISSION,
Having regard to the Treaty on the Functioning of the European Union,
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), and in particular Article 143(b) in conjunction with Article 4 thereof,
Whereas:
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(1) |
Commission Regulation (EC) No 1580/2007 of 21 December 2007 laying down implementing rules of Council Regulations (EC) No 2200/96, (EC) No 2201/96 and (EC) No 1182/2007 in the fruit and vegetable sector (2) provides for surveillance of imports of the products listed in Annex XVII thereto. That surveillance is to be carried out in accordance with the rules laid down in Article 308d of Commission Regulation (EEC) No 2454/93 of 2 July 1993 laying down provisions for the implementation of Council Regulation (EEC) No 2913/92 establishing the Community Customs Code (3). |
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(2) |
For the purposes of the application of Article 5(4) of the Agreement on Agriculture (4) concluded during the Uruguay Round of multilateral trade negotiations and in the light of the latest figures available for 2007, 2008 and 2009, the trigger levels for additional duties on tomatoes, apricots, lemons, plums, peaches, including nectarines, pears and table grapes should be amended. |
|
(3) |
Regulation (EC) No 1580/2007 should therefore be amended accordingly. |
|
(4) |
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:
Article 1
Annex XVII to Regulation (EC) No 1580/2007 is replaced by the text 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 1 June 2010.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 27 May 2010.
For the Commission
The President
José Manuel BARROSO
(1) OJ L 299, 16.11.2007, p. 1.
(2) OJ L 350, 31.12.2007, p. 1.
(3) OJ L 253, 11.10.1993, p. 1.
(4) OJ L 336, 23.12.1994, p. 22.
ANNEX
‘ANNEX XVII
ADDITIONAL IMPORT DUTIES: TITLE IV, CHAPTER II, SECTION 2
Without prejudice to the rules governing the interpretation of the Combined Nomenclature, the description of the products is deemed to be indicative only. The scope of the additional duties for the purposes of this Annex is determined by the scope of the CN codes as they stand at the time of the adoption of this Regulation.
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Order number |
CN code |
Description |
Period of application |
Trigger level (tonnes) |
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78.0015 |
0702 00 00 |
Tomatoes |
From 1 October to 31 May |
1 215 526 |
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78.0020 |
From 1 June to 30 September |
966 429 |
||
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78.0065 |
0707 00 05 |
Cucumbers |
From 1 May to 31 October |
11 879 |
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78.0075 |
From 1 November to 30 April |
18 611 |
||
|
78.0085 |
0709 90 80 |
Artichokes |
From 1 November to 30 June |
8 866 |
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78.0100 |
0709 90 70 |
Courgettes |
From 1 January to 31 December |
55 369 |
|
78.0110 |
0805 10 20 |
Oranges |
From 1 December to 31 May |
355 386 |
|
78.0120 |
0805 20 10 |
Clementines |
From 1 November to end of February |
529 006 |
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78.0130 |
0805 20 30 0805 20 50 0805 20 70 0805 20 90 |
Mandarins (including tangerines and satsumas); wilkings and similar citrus hybrids |
From 1 November to end of February |
96 377 |
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78.0155 |
0805 50 10 |
Lemons |
From 1 June to 31 December |
329 903 |
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78.0160 |
From 1 January to 31 May |
92 638 |
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78.0170 |
0806 10 10 |
Table grapes |
From 21 July to 20 November |
146 510 |
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78.0175 |
0808 10 80 |
Apples |
From 1 January to 31 August |
829 840 |
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78.0180 |
From 1 September to 31 December |
884 648 |
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78.0220 |
0808 20 50 |
Pears |
From 1 January to 30 April |
280 764 |
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78.0235 |
From 1 July to 31 December |
83 435 |
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78.0250 |
0809 10 00 |
Apricots |
From 1 June to 31 July |
49 314 |
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78.0265 |
0809 20 95 |
Cherries, other than sour cherries |
From 21 May to 10 August |
90 511 |
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78.0270 |
0809 30 |
Peaches, including nectarines |
From 11 June to 30 September |
6 867 |
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78.0280 |
0809 40 05 |
Plums |
From 11 June to 30 September |
57 764’ |
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28.5.2010 |
EN |
Official Journal of the European Union |
L 129/52 |
COMMISSION REGULATION (EU) No 461/2010
of 27 May 2010
on the application of Article 101(3) of the Treaty on the Functioning of the European Union to categories of vertical agreements and concerted practices in the motor vehicle sector
(Text with EEA relevance)
THE EUROPEAN COMMISSION,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to Regulation No 19/65/EEC of the Council of 2 March 1965 on the application of Article 85(3) of the Treaty to certain categories of agreements and concerted practices (1), and in particular Article 1 thereof,
Having published a draft of this Regulation,
After consulting the Advisory Committee on Restrictive Practices and Dominant Positions,
Whereas:
|
(1) |
Regulation No 19/65/EEC empowers the Commission to apply Article 101(3) of the Treaty on the Functioning of the European Union (2) by regulation to certain categories of vertical agreements and corresponding concerted practices falling within Article 101(1) of the Treaty. Block exemption regulations apply to vertical agreements which fulfil certain conditions and may be general or sector-specific. |
|
(2) |
The Commission has defined a category of vertical agreements which it regards as normally satisfying the conditions laid down in Article 101(3) of the Treaty and to this end has adopted Commission Regulation (EU) No 330/2010 of 20 April 2010 on the application of Article 101(3) of the Treaty on the Functioning of the European Union to categories of vertical agreements and concerted practices (3), which replaces Commission Regulation (EC) No 2790/1999 (4). |
|
(3) |
The motor vehicle sector, which includes both passenger cars and commercial vehicles, has been subject to specific block exemption regulations since 1985, the most recent being Commission Regulation (EC) No 1400/2002 of 31 July 2002 on the application of Article 81(3) of the Treaty to categories of vertical agreements and concerted practices in the motor vehicle sector (5). Regulation (EC) No 2790/1999 expressly stated that it did not apply to vertical agreements the subject matter of which fell within the scope of any other block exemption regulation. The motor vehicle sector therefore fell outside the scope of that Regulation. |
|
(4) |
Regulation (EC) No 1400/2002 expires on 31 May 2010. However, the motor vehicle sector should continue to benefit from a block exemption in order to simplify administration and reduce compliance costs for the undertakings concerned, while ensuring effective supervision of markets in accordance with Article 103(2)(b) of the Treaty. |
|
(5) |
Experience acquired since 2002 regarding the distribution of new motor vehicles, the distribution of spare parts and the provision of repair and maintenance services for motor vehicles, makes it possible to define a category of vertical agreements in the motor vehicle sector which can be regarded as normally satisfying the conditions laid down in Article 101(3) of the Treaty. |
|
(6) |
This category includes vertical agreements for the purchase, sale or resale of new motor vehicles, vertical agreements for the purchase, sale or resale of spare parts for motor vehicles and vertical agreements for the provision of repair and maintenance services for such vehicles, where those agreements are concluded between non-competing undertakings, between certain competitors, or by certain associations of retailers or repairers. It also includes vertical agreements containing ancillary provisions on the assignment or use of intellectual property rights. The term ‘vertical agreements’ should be defined accordingly to include both such agreements and the corresponding concerted practices. |
|
(7) |
Certain types of vertical agreements can improve economic efficiency within a chain of production or distribution by facilitating better coordination between the participating undertakings. In particular, they can lead to a reduction in the transaction and distribution costs of the parties and to an optimisation of their sales and investment levels. |
|
(8) |
The likelihood that such efficiency-enhancing effects will outweigh any anticompetitive effects due to restrictions contained in vertical agreements depends on the degree of market power of the parties to the agreement and, therefore, on the extent to which those undertakings face competition from other suppliers of goods or services regarded by their customers as interchangeable or substitutable for one another, by reason of the products’ characteristics, their prices and their intended use. Vertical agreements containing restrictions which are likely to restrict competition and harm consumers, or which are not indispensable to the attainment of the efficiency-enhancing effects, should be excluded from the benefit of the block exemption. |
|
(9) |
In order to define the appropriate scope of a block exemption regulation, the Commission must take into account the competitive conditions in the relevant sector. In this respect, the conclusions of the in-depth monitoring of the motor vehicle sector set out in the Evaluation Report on the operation of Commission Regulation (EC) No 1400/2002 of 28 May 2008 (6) and in the Commission Communication on The Future Competition Law Framework applicable to the Motor Vehicle sector of 22 July 2009 (7) have shown that a distinction should be drawn between agreements for the distribution of new motor vehicles and agreements for the provision of repair and maintenance services and distribution of spare parts. |
|
(10) |
As regards the distribution of new motor vehicles, there do not appear to be any significant competition shortcomings which would distinguish this sector from other economic sectors and which could require the application of rules different from and stricter than those set out in Regulation (EU) No 330/2010. The market-share threshold, the non-exemption of certain vertical agreements and the other conditions laid down in that Regulation normally ensure that vertical agreements for the distribution of new motor vehicles comply with the requirements of Article 101(3) of the Treaty. Therefore, such agreements should benefit from the exemption granted by Regulation (EU) No 330/2010, subject to all the conditions laid down therein. |
|
(11) |
As regards agreements for the distribution of spare parts and for the provision of repair and maintenance services, certain specific characteristics of the motor vehicle aftermarket should be taken into account. In particular, the experience acquired by the Commission in applying Regulation (EC) No 1400/2002 shows that price increases for individual repair jobs are only partially reflected in increased reliability of modern cars and lengthening of service intervals. These latter trends are linked to technological evolution and to the increasing complexity and reliability of automotive components that the vehicle manufacturers purchase from original equipment suppliers. Such suppliers sell their products as spare parts in the aftermarket both through the vehicle manufacturers’ authorised repair networks and through independent channels, thereby representing an important competitive force in the motor vehicle aftermarket. The costs borne on average by consumers in the Union for motor vehicle repair and maintenance services represent a very high proportion of total consumer expenditure on motor vehicles. |
|
(12) |
Competitive conditions in the motor vehicle aftermarket also have a direct bearing on public safety, in that vehicles may be driven in an unsafe manner if they have been repaired incorrectly, as well as on public health and the environment, as emissions of carbon dioxide and other air pollutants may be higher from vehicles which have not undergone regular maintenance work. |
|
(13) |
In so far as a separate aftermarket can be defined, effective competition on the markets for the purchase and sale of spare parts, as well as for the provision of repair and maintenance services for motor vehicles, depends on the degree of competitive interaction between authorised repairers, that is to say those operating within repair networks established directly or indirectly by vehicle manufacturers, as well as between authorised and independent operators, including independent spare parts suppliers and repairers. The latters’ ability to compete depends on unrestricted access to essential inputs such as spare parts and technical information. |
|
(14) |
Having regard to those specificities, the rules in Regulation (EU) No 330/2010, including the uniform market share threshold of 30 %, are necessary but are not sufficient to ensure that the benefit of the block exemption is reserved only to those vertical agreements for the distribution of spare parts and for the provision of repair and maintenance services for which it can be assumed with sufficient certainty that the conditions of Article 101(3) of the Treaty are satisfied. |
|
(15) |
Therefore, vertical agreements for the distribution of spare parts and for the provision of repair and maintenance services should benefit from the block exemption only if, in addition to the conditions for exemption set out in Regulation (EU) No 330/2010, they comply with stricter requirements concerning certain types of severe restrictions of competition that may limit the supply and use of spare parts in the motor vehicle aftermarket. |
|
(16) |
In particular, the benefit of the block exemption should not be granted to agreements that restrict the sale of spare parts by members of the selective distribution system of a vehicle manufacturer to independent repairers, which use them for the provision of repair or maintenance services. Without access to such spare parts, independent repairers would not be able to compete effectively with authorised repairers, since they could not provide consumers with good quality services which contribute to the safe and reliable functioning of motor vehicles. |
|
(17) |
Moreover, in order to ensure effective competition on the repair and maintenance markets and to allow repairers to offer end users competing spare parts, the block exemption should not cover vertical agreements which, although they comply with Regulation (EU) No 330/2010, nonetheless restrict the ability of a producer of spare parts to sell such parts to authorised repairers within the distribution system of a vehicle manufacturer, independent distributors of spare parts, independent repairers or end users. This does not affect the liability of producers of spare parts under civil law, or the ability of vehicle manufacturers to require the authorised repairers within their distribution system to only use spare parts that match the quality of the components used for the assembly of a certain motor vehicle. Moreover, in view of the vehicle manufacturers’ direct contractual involvement in repairs under warranty, free servicing, and recall operations, agreements containing obligations on authorised repairers to use only spare parts supplied by the vehicle manufacturer for those repairs should be covered by the exemption. |
|
(18) |
Finally, in order to allow authorised and independent repairers and end users to identify the manufacturer of motor vehicle components or of spare parts and to choose between alternative parts, the block exemption should not cover agreements by which a manufacturer of motor vehicles limits the ability of a manufacturer of components or original spare parts to place its trade mark or logo on those parts effectively and in a visible manner. |
|
(19) |
In order to allow all operators time to adapt to this Regulation, it is appropriate to extend the period of application of the provisions of Regulation (EC) No 1400/2002 relating to vertical agreements for the purchase, sale and resale of new motor vehicles until 31 May 2013. As regards vertical agreements for the distribution of spare parts and for the provision of repair and maintenance services, this Regulation should apply from 1 June 2010 so as to continue to ensure adequate protection of competition on the motor vehicle aftermarkets. |
|
(20) |
The Commission will, on a continuous basis, monitor developments in the motor vehicle sector and will take appropriate remedial action if competition shortcomings arise which may lead to consumer harm on the market for the distribution of new motor vehicles or the supply of spare parts or after-sales services for motor vehicles. |
|
(21) |
The Commission may withdraw the benefit of this Regulation, pursuant to Article 29(1) of Council Regulation (EC) No 1/2003 of 16 December 2002 on the implementation of the rules on competition laid down in Articles 81 and 82 of the Treaty (8), where it finds in a particular case that an agreement to which the exemption provided for in this Regulation applies nevertheless has effects which are incompatible with Article 101(3) of the Treaty. |
|
(22) |
The competition authority of a Member State may withdraw the benefit of this Regulation pursuant to Article 29(2) of Regulation (EC) No 1/2003 in respect of the territory of that Member State, or a part thereof where, in a particular case, an agreement to which the exemption provided for in this Regulation applies nevertheless has effects which are incompatible with Article 101(3) of the Treaty in the territory of that Member State, or in a part thereof, and where such territory has all the characteristics of a distinct geographic market. |
|
(23) |
In determining whether the benefit of this Regulation should be withdrawn pursuant to Article 29 of Regulation (EC) No 1/2003, the anti-competitive effects that may derive from the existence of parallel networks of vertical agreements that have similar effects which significantly restrict access to a relevant market or competition therein are of particular importance. Such cumulative effects may, for example, arise in the case of selective distribution or non-compete obligations. |
|
(24) |
In order to strengthen supervision of parallel networks of vertical agreements which have similar anti-competitive effects and which cover more than 50 % of a given market, the Commission may by regulation declare this Regulation inapplicable to vertical agreements containing specific restraints relating to the market concerned, thereby restoring the full application of Article 101 of the Treaty to such agreements. |
|
(25) |
In order to assess the effects of this Regulation on competition in motor vehicle retailing, in the supply of spare parts and in after sales servicing for motor vehicles in the internal market, it is appropriate to draw up an evaluation report on the operation of this Regulation, |
HAS ADOPTED THIS REGULATION:
CHAPTER I
COMMON PROVISIONS
Article 1
Definitions
1. For the purposes of this Regulation, the following definitions shall apply:
|
(a) |
‘vertical agreement’ means an agreement or concerted practice entered into between two or more undertakings each of which operates, for the purposes of the agreement or the concerted practice, at a different level of the production or distribution chain, and relating to the conditions under which the parties may purchase, sell or resell certain goods or services; |
|
(b) |
‘vertical restraint’ means a restriction of competition in a vertical agreement falling within the scope of Article 101(1) of the Treaty; |
|
(c) |
‘authorised repairer’ means a provider of repair and maintenance services for motor vehicles operating within the distribution system set up by a supplier of motor vehicles; |
|
(d) |
‘authorised distributor’ means a distributor of spare parts for motor vehicles operating within the distribution system set up by a supplier of motor vehicles; |
|
(e) |
‘independent repairer’ means:
|
|
(f) |
‘independent distributor’ means:
|
|
(g) |
‘motor vehicle’ means a self-propelled vehicle intended for use on public roads and having three or more road wheels; |
|
(h) |
‘spare parts’ means goods which are to be installed in or upon a motor vehicle so as to replace components of that vehicle, including goods such as lubricants which are necessary for the use of a motor vehicle, with the exception of fuel; |
|
(i) |
‘selective distribution system’ means a distribution system where the supplier undertakes to sell the contract goods or services, either directly or indirectly, only to distributors selected on the basis of specified criteria and where these distributors undertake not to sell such goods or services to unauthorised distributors within the territory reserved by the supplier to operate that system. |
2. For the purposes of this Regulation, the terms ‘undertaking’, ‘supplier’, ‘manufacturer’ and ‘buyer’ shall include their respective connected undertakings.
‘Connected undertakings’ means:
|
(a) |
undertakings in which a party to the agreement, directly or indirectly:
|
|
(b) |
undertakings which directly or indirectly have, over a party to the agreement, the rights or powers listed in point (a); |
|
(c) |
undertakings in which an undertaking referred to in point (b) has, directly or indirectly, the rights or powers listed in point (a); |
|
(d) |
undertakings in which a party to the agreement together with one or more of the undertakings referred to in points (a), (b) or (c), or in which two or more of the latter undertakings, jointly have the rights or powers listed in point (a); |
|
(e) |
undertakings in which the rights or the powers listed in point (a) are jointly held by:
|
CHAPTER II
VERTICAL AGREEMENTS RELATING TO THE PURCHASE, SALE OR RESALE OF NEW MOTOR VEHICLES
Article 2
Application of Regulation (EC) No 1400/2002
Pursuant to Article 101(3) of the Treaty, from 1 June 2010 until 31 May 2013, Article 101(1) of the Treaty shall not apply to vertical agreements relating to the conditions under which the parties may purchase, sell or resell new motor vehicles, which fulfil the requirements for an exemption under Regulation (EC) No 1400/2002 that relate specifically to vertical agreements for the purchase, sale or resale of new motor vehicles.
Article 3
Application of Regulation (EU) No 330/2010
With effect from 1 June 2013, Regulation (EU) No 330/2010 shall apply to vertical agreements relating to the purchase, sale or resale of new motor vehicles.
CHAPTER III
VERTICAL AGREEMENTS RELATING TO THE MOTOR VEHICLE AFTERMARKET
Article 4
Exemption
Pursuant to Article 101(3) of the Treaty and subject to the provisions of this Regulation Article 101(1) of the Treaty shall not apply to vertical agreements relating to the conditions under which the parties may purchase, sell or resell spare parts for motor vehicles or provide repair and maintenance services for motor vehicles, which fulfil the requirements for an exemption under Regulation (EU) No 330/2010 and do not contain any of the hardcore clauses listed in Article 5 of this Regulation.
This exemption shall apply to the extent that such agreements contain vertical restraints.
Article 5
Restrictions that remove the benefit of the block exemption — hardcore restrictions
The exemption provided for in Article 4 shall not apply to vertical agreements which, directly or indirectly, in isolation or in combination with other factors under the control of the parties, have as their object:
|
(a) |
the restriction of the sales of spare parts for motor vehicles by members of a selective distribution system to independent repairers which use those parts for the repair and maintenance of a motor vehicle; |
|
(b) |
the restriction, agreed between a supplier of spare parts, repair tools or diagnostic or other equipment and a manufacturer of motor vehicles, of the supplier’s ability to sell those goods to authorised or independent distributors or to authorised or independent repairers or end users; |
|
(c) |
the restriction, agreed between a manufacturer of motor vehicles which uses components for the initial assembly of motor vehicles and the supplier of such components, of the supplier’s ability to place its trade mark or logo effectively and in an easily visible manner on the components supplied or on spare parts. |
CHAPTER IV
FINAL PROVISIONS
Article 6
Non-application of this Regulation
Pursuant to Article 1a of Regulation No 19/65/EEC, the Commission may by regulation declare that, where parallel networks of similar vertical restraints cover more than 50 % of a relevant market, this Regulation shall not apply to vertical agreements containing specific restraints relating to that market.
Article 7
Monitoring and evaluation report
The Commission will monitor the operation of this Regulation and draw up a report on its operation by 31 May 2021 at the latest, having regard in particular to the conditions set out in Article 101(3) of the Treaty.
Article 8
Period of validity
This Regulation shall enter into force on 1 June 2010.
It shall expire on 31 May 2023.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 27 May 2010.
For the Commission
The President
José Manuel BARROSO
(1) OJ 36, 6.3.1965, p. 533/65.
(2) With effect from 1 December 2009, Article 81 of the EC Treaty has become Article 101 of the Treaty on the Functioning of the European Union. The two Articles are, in substance, identical. For the purposes of this Regulation, references to Article 101 of the Treaty on the Functioning of the European Union should be understood as references to Article 81 of the EC Treaty where appropriate.
(3) OJ L 102, 23.4.2010, p. 1.
(4) OJ L 336, 29.12.1999, p. 21.
(5) OJ L 203, 1.8.2002, p. 30.
(6) SEC(2008) 1946.
(7) COM(2009) 388.
|
28.5.2010 |
EN |
Official Journal of the European Union |
L 129/58 |
COMMISSION REGULATION (EU) No 462/2010
of 27 May 2010
opening an invitation to tender for the reduction in the duty on maize imported into Spain from third countries, for the quota year 2010
THE EUROPEAN COMMISSION,
Having regard to the Treaty on the Functioning of the European Union,
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), and in particular Article 144(1) in conjunction with Article 4 thereof,
Whereas:
|
(1) |
In accordance with the Community's international obligations within the framework of the Uruguay Round multilateral negotiations (2), the Community undertook to import a certain quantity of maize into Spain. |
|
(2) |
Chapter II of Commission Regulation (EC) No 1296/2008 of 18 December 2008 laying down detailed rules for the application of tariff quotas for imports of maize and sorghum into Spain and imports of maize into Portugal (3) laid down the specific detailed rules necessary for applying a reduction to the import duties to ensure that the quantities provided for in Article 1(1) and (2) of that Regulation are actually imported. |
|
(3) |
In view of the market conditions in Spain for the year 2010, an invitation to tender for the reduction in the import duty on maize should be opened to ensure the import quota is completely used. |
|
(4) |
Commission Regulation (EC) No 676/2009 (4) opened an invitation to tender for the reduction in the duty on maize imported into Spain from third countries up until 17 December 2009. This invitation was extended until 27 May 2010 by Commission Regulation (EU) No 1292/2009 (5). Regulation (EC) No 676/2009 should therefore be repealed. |
|
(5) |
The Management Committee for the Common Organisation of Agricultural Markets has not delivered an opinion within the time limit set by its Chair, |
HAS ADOPTED THIS REGULATION:
Article 1
1. A tendering procedure is opened for the reduction in the duty referred to in Article 136 of Regulation (EC) No 1234/2007 on maize to be imported into Spain.
2. The provisions of Regulation (EC) No 1296/2008 shall apply.
Article 2
The invitation shall remain open until 16 December 2010. During that period partial invitations to tender shall be issued and the dates for submission of tenders shall be laid down in the notice of invitation to tender.
Article 3
Import licences issued in the context of this invitation to tender shall be valid for 50 days from the date of issue within the meaning of Article 11(4) of Regulation (EC) No 1296/2008.
Article 4
Regulation (EC) No 676/2009 is hereby repealed.
Article 5
This Regulation shall enter into force on the third day following that of its publication in the Official Journal of the European Union.
It shall apply from 1 June 2010.
It shall expire on 16 December 2010.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 27 May 2010.
For the Commission, On behalf of the President,
Dacian CIOLOŞ
Member of the Commission
(1) OJ L 299, 16.11.2007, p. 1.
(2) OJ L 336, 23.12.1994, p. 22.
(3) OJ L 340, 19.12.2008, p. 57.
(4) OJ L 196, 28.7.2009, p. 6.
(5) OJ L 347, 24.12.2009, p. 22.
|
28.5.2010 |
EN |
Official Journal of the European Union |
L 129/60 |
COMMISSION REGULATION (EU) No 463/2010
of 27 May 2010
opening an invitation to tender for the reduction in the duty on maize imported into Portugal from third countries, for the quota year 2010
THE EUROPEAN COMMISSION,
Having regard to the Treaty on the Functioning of the European Union,
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), and in particular Article 144(1) in conjunction with Article 4 thereof,
Whereas:
|
(1) |
In accordance with the Community's international obligations within the framework of the Uruguay Round multilateral negotiations (2), the Community undertook to import a certain quantity of maize into Portugal. |
|
(2) |
Chapter II of Commission Regulation (EC) No 1296/2008 of 18 December 2008 laying down detailed rules for the application of tariff quotas for imports of maize and sorghum into Spain and imports of maize into Portugal (3) laid down the specific detailed rules necessary for applying a reduction to the import duties to ensure that the quantities provided for in Article 1(1) and (2) of that Regulation are actually imported. |
|
(3) |
In view of the market conditions in Portugal for the year 2010, an invitation to tender for the reduction in the import duty on maize should be opened to ensure the import quota is completely used. |
|
(4) |
Commission Regulation (EC) No 677/2009 (4) opened an invitation to tender for the reduction in the duty on maize imported into Portugal from third countries up until 17 December 2009. This invitation was extended until 27 May 2010 by Commission Regulation (EU) No 1292/2009 (5). Regulation (EC) No 677/2009 should therefore be repealed. |
|
(5) |
The Management Committee for the Common Organisation of Agricultural Markets has not delivered an opinion within the time limit set by its Chair, |
HAS ADOPTED THIS REGULATION:
Article 1
1. A tendering procedure is opened for the reduction in the duty referred to in Article 136 of Regulation (EC) No 1234/2007 on maize to be imported into Portugal.
2. The provisions of Regulation (EC) No 1296/2008 shall apply.
Article 2
The invitation shall remain open until 16 December 2010. During that period partial invitations to tender shall be issued and the dates for submission of tenders shall be laid down in the notice of invitation to tender.
Article 3
Import licences issued in the context of this invitation to tender shall be valid for 50 days from the date of issue within the meaning of Article 11(4) of Regulation (EC) No 1296/2008.
Article 4
Regulation (EC) No 677/2009 is hereby repealed.
Article 5
This Regulation shall enter into force on the third day following that of its publication in the Official Journal of the European Union.
It shall apply from 1 June 2010.
It shall expire on 16 December 2010.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 27 May 2010.
For the Commission, On behalf of the President,
Dacian CIOLOŞ
Member of the Commission
(1) OJ L 299, 16.11.2007, p. 1.
(2) OJ L 336, 23.12.1994, p. 22.
(3) OJ L 340, 19.12.2008, p. 57
(4) OJ L 196, 28.7.2009, p. 7.
(5) OJ L 347, 24.12.2009, p. 22.
|
28.5.2010 |
EN |
Official Journal of the European Union |
L 129/62 |
COMMISSION REGULATION (EU) No 464/2010
of 27 May 2010
opening the invitation to tender for the reduction in the duty on sorghum imported into Spain from third countries, for the quota year 2010
THE EUROPEAN COMMISSION,
Having regard to the Treaty on the Functioning of the European Union,
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), and in particular Article 144(1) in conjunction with Article 4 thereof,
Whereas:
|
(1) |
In accordance with the Community's international obligations within the framework of the Uruguay Round multilateral negotiations (2), the Community undertook to import a certain quantity of sorghum into Spain. |
|
(2) |
Chapter II of Commission Regulation (EC) No 1296/2008 of 18 December 2008 laying down detailed rules for the application of tariff quotas for imports of maize and sorghum into Spain and imports of maize into Portugal (3) laid down the specific detailed rules necessary for applying a reduction to the import duties to ensure that the quantities provided for in Article 1(1) and (2) of that Regulation are actually imported. |
|
(3) |
In view of the market conditions in Spain for the year 2010, an invitation to tender for the reduction in the import duty on sorghum should be opened to ensure the import quota is completely used. |
|
(4) |
Commission Regulation (EC) No 675/2009 (4) opened an invitation to tender for the reduction in the duty on sorghum imported into Spain from third countries up until 17 December 2009. This invitation was extended until 27 May 2010 by Commission Regulation (EU) No 1292/2009 (5). Regulation (EC) No 675/2009 should therefore be repealed. |
|
(5) |
The Management Committee for the Common Organisation of Agricultural Markets has not delivered an opinion within the time limit set by its Chair, |
HAS ADOPTED THIS REGULATION:
Article 1
1. A tendering procedure is opened for the reduction in the duty referred to in Article 136 of Regulation (EC) No 1234/2007 on sorghum to be imported into Spain.
2. The provisions of Regulation (EC) No 1296/2008 shall apply.
Article 2
The invitation to tender shall be open until 16 December 2010. During that period partial invitations to tender shall be issued and the dates for submission of tenders shall be laid down in the notice of invitation to tender.
Article 3
Import licences issued in the context of this invitation to tender shall be valid for 50 days from the date of issue within the meaning of Article 11(4) of Regulation (EC) No 1296/2008.
Article 4
Regulation (EC) No 675/2009 is hereby repealed.
Article 5
This Regulation shall enter into force on the third day following that of its publication in the Official Journal of the European Union.
It shall apply from 1 June 2010.
It shall expire on 16 December 2010.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 27 May 2010.
For the Commission, On behalf of the President,
Dacian CIOLOŞ
Member of the Commission
(1) OJ L 299, 16.11.2007, p. 1.
(2) OJ L 336, 23.12.1994, p. 22.
(3) OJ L 340, 19.12.2008, p. 57.
(4) OJ L 196, 28.7.2009, p. 5.
(5) OJ L 347, 24.12.2009, p. 22.
|
28.5.2010 |
EN |
Official Journal of the European Union |
L 129/64 |
COMMISSION REGULATION (EU) No 465/2010
of 27 May 2010
concerning the classification of certain goods in the Combined Nomenclature
THE EUROPEAN COMMISSION,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to Council Regulation (EEC) No 2658/87 of 23 July 1987 on the tariff and statistical nomenclature and on the Common Customs Tariff (1), and in particular Article 9(1)(a) thereof,
Whereas:
|
(1) |
In order to ensure uniform application of the Combined Nomenclature annexed to Regulation (EEC) No 2658/87, it is necessary to adopt measures concerning the classification of the goods referred to in the Annex to this Regulation. |
|
(2) |
Regulation (EEC) No 2658/87 has laid down the general rules for the interpretation of the Combined Nomenclature. Those rules apply also to any other nomenclature which is wholly or partly based on it or which adds any additional subdivision to it and which is established by specific provisions of the Union, with a view to the application of tariff and other measures relating to trade in goods. |
|
(3) |
Pursuant to those general rules, the goods described in column (1) of the table set out in the Annex should be classified under the CN code indicated in column (2), by virtue of the reasons set out in column (3) of that table. |
|
(4) |
It is appropriate to provide that binding tariff information which has been issued by the customs authorities of Member States in respect of the classification of goods in the Combined Nomenclature but which is not in accordance with this Regulation can, for a period of three months, continue to be invoked by the holder, under Article 12(6) of Council Regulation (EEC) No 2913/92 of 12 October 1992 establishing the Community Customs Code (2). |
|
(5) |
The measures provided for in this Regulation are in accordance with the opinion of the Customs Code Committee, |
HAS ADOPTED THIS REGULATION:
Article 1
The goods described in column (1) of the table set out in the Annex shall be classified within the Combined Nomenclature under the CN code indicated in column (2) of that table.
Article 2
Binding tariff information issued by the customs authorities of Member States, which is not in accordance with this Regulation, can continue to be invoked for a period of three months under Article 12(6) of Regulation (EEC) No 2913/92.
Article 3
This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 27 May 2010.
For the Commission, On behalf of the President,
Algirdas ŠEMETA
Member of the Commission
(2) OJ L 302, 19.10.1992, p. 1.
ANNEX
|
Description of the goods |
Classification (CN code) |
Reasons |
|
(1) |
(2) |
(3) |
|
An article with overall dimensions of 197 × 90 × 2 cm consisting of 16 slats of solid wood held together by two bands of textile fixed to the wood by means of metal staples. The slats are not curved, and they are of non-flexible massive pine. The article is intended to be used together with a bed frame to support a mattress. |
9404 10 00 |
Classification is determined by General Rules 1 and 6 for the interpretation of the Combined Nomenclature, Note 3(B) to Chapter 94 and by the wording of CN codes 9404 and 9404 10 00. Although the slats are neither curved nor flexible, the article as a whole meets the terms of heading 9404 as it is designed to support a mattress in a bed. Classification under CN code 9403 90 30 as part of a bed is excluded, as mattress supports, presented separately, are not to be classified as parts of goods by virtue of Note 3(B) to Chapter 94. The article is therefore to be classified under CN code 9404 10 00 as a mattress support. |
|
28.5.2010 |
EN |
Official Journal of the European Union |
L 129/66 |
COMMISSION REGULATION (EU) No 466/2010
of 27 May 2010
establishing the standard import values for determining the entry price of certain fruit and vegetables
THE EUROPEAN COMMISSION,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to 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 May 2010.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 27 May 2010.
For the Commission, On behalf of the President,
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 |
MA |
50,2 |
|
MK |
50,2 |
|
|
TN |
78,3 |
|
|
TR |
66,2 |
|
|
ZZ |
61,2 |
|
|
0707 00 05 |
AL |
50,2 |
|
MA |
37,3 |
|
|
MK |
70,2 |
|
|
TR |
121,7 |
|
|
ZZ |
69,9 |
|
|
0709 90 70 |
TR |
104,0 |
|
ZZ |
104,0 |
|
|
0805 10 20 |
EG |
61,4 |
|
IL |
52,5 |
|
|
MA |
56,2 |
|
|
US |
60,2 |
|
|
ZA |
55,4 |
|
|
ZZ |
57,1 |
|
|
0805 50 10 |
AR |
94,7 |
|
BO |
58,6 |
|
|
BR |
112,1 |
|
|
TR |
91,7 |
|
|
ZA |
102,5 |
|
|
ZZ |
91,9 |
|
|
0808 10 80 |
AR |
78,8 |
|
BR |
77,3 |
|
|
CA |
113,1 |
|
|
CL |
87,0 |
|
|
CN |
106,3 |
|
|
MK |
26,7 |
|
|
NZ |
116,8 |
|
|
US |
141,1 |
|
|
ZA |
99,5 |
|
|
ZZ |
94,1 |
|
|
0809 20 95 |
TR |
541,2 |
|
US |
328,1 |
|
|
ZZ |
434,7 |
|
(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’.
DECISIONS
|
28.5.2010 |
EN |
Official Journal of the European Union |
L 129/68 |
COUNCIL DECISION
of 10 May 2010
on the conclusion of a Memorandum of Cooperation between the International Civil Aviation Organisation and the European Community regarding security audits/inspections and related matters
(2010/302/EU)
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty on the Functioning of the European Union, and in particular Article 100(2), in conjunction with Article 218(6)(a) and the first subparagraph of Article 218(8) thereof,
Having regard to the proposal from the Commission,
Having regard to the consent of the European Parliament,
Whereas:
|
(1) |
The Council authorised the Commission on 30 November 2007 to open negotiations on an agreement regarding aviation security audits/inspections and related matters between the European Community and the International Civil Aviation Organisation (ICAO). |
|
(2) |
On behalf of the Union, the Commission has negotiated a Memorandum of Cooperation (MoC) with the ICAO regarding security audits/inspections and related matters in accordance with the directives set out in Annex I to the Council Decision authorising the Commission to open negotiations and the ad hoc procedure set out in Annex II thereto. |
|
(3) |
The MoC was signed on 17 September 2008 on behalf of the Community subject to its possible conclusion at a later date, in conformity with Decision 2009/97/EC of the Council of 24 July 2008 on the signing and provisional application of a Memorandum of Cooperation between the International Civil Aviation Organisation and the European Community regarding security audits/inspections and related matters (1). |
|
(4) |
Following the entry into force of the Treaty of Lisbon on 1 December 2009, the European Union should make a notification to the ICAO as regards the European Union having replaced and succeeded the European Community. |
|
(5) |
The MoC should be approved. |
|
(6) |
Paragraph 6(3) of the MoC provides that the MoC shall enter into force on the first day of the second month following the last of the two notifications through which the parties have informed each other of the termination of their respective internal procedures. Accordingly, the President of the Council should be authorised to make the required notification on behalf of the Union, |
HAS ADOPTED THIS DECISION:
Article 1
1. The Memorandum of Cooperation (MoC) between the European Community and the International Civil Aviation Organisation regarding security audits/inspections and related matters is hereby approved on behalf of the Union.
2. The text of the MoC is attached to this Decision (2).
Article 2
The President of the Council is authorised to designate the person empowered to make the notification provided in paragraph 6(3) of the MoC and to make the following notification:
‘As a consequence of the entry into force of the Treaty of Lisbon on 1 December 2009, the European Union has replaced and succeeded the European Community and from that date exercises all rights and assumes all obligations of the European Community. Therefore, references to “the European Community” in the text of the MoC are, where appropriate, to be read as “the European Union”.’.
Done at Brussels, 10 May 2010.
For the Council
The President
Á. GONZÁLEZ-SINDE REIG
|
28.5.2010 |
EN |
Official Journal of the European Union |
L 129/69 |
COUNCIL DECISION
of 25 May 2010
appointing one Danish member of the Committee of the Regions
(2010/303/EU)
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty on the Functioning of the European Union, and in particular Article 305 thereof,
Having regard to the proposal of the Danish Government,
Whereas:
|
(1) |
On 22 December 2009 and on 18 January 2010, the Council adopted Decisions 2009/1014/EU and 2010/29/EU appointing the members and alternate members of the Committee of the Regions for the period from 26 January 2010 to 25 January 2015 (1). |
|
(2) |
A member’s seat on the Committee of the Regions has become vacant following the end of term of Mr Jens Jørgen NYGAARD, |
HAS ADOPTED THIS DECISION:
Article 1
The following is hereby appointed to the Committee of the Regions as member for the remainder of the current term of office, which runs until 25 January 2015:
|
— |
Hr. Jan BOYE Rådmand |
Article 2
This Decision shall take effect on the day of its adoption.
Done at Brussels, 25 May 2010.
For the Council
The President
M. SEBASTIÁN
(1) OJ L 348, 29.12.2009, p. 22 and OJ L 12, 19.1.2010, p. 11.