11.11.2010   

EN

Official Journal of the European Union

L 293/1

(1)

Commission Regulation (EC) No 1438/2003 of 12 August 2003 laying down implementing rules on the Community Fleet Policy as defined in Chapter III of Council Regulation (EC) No 2371/2002 (2) has been substantially amended several times (3). In the interests of clarity and rationality the said Regulation should be codified.

(2)

The adjustment in fishing capacity of the Union fishing fleet should be monitored closely to bring it into line with the available resources. To that end, Chapter III of Regulation (EC) No 2371/2002 sets out a number of specific measures.

(3)

Rules should be laid down to ensure the correct implementation of Chapter III of Regulation (EC) No 2371/2002 by the Member States, taking into account all relevant parameters for the management of fleet capacity, in terms of tonnage (GT) and power (kW), provided for in that Regulation and also in Council Regulation (EC) No 2792/1999 of 17 December 1999 laying down the detailed rules and arrangements regarding Community structural assistance in the fisheries sector (4). This Regulation should take account of the Accession of the Czech Republic, Estonia, Cyprus, Latvia, Lithuania, Hungary, Malta, Poland, Slovenia and Slovakia on 1 May 2004 and of Bulgaria and Romania on 1 January 2007.

(4)

Reference levels for fishing capacity should be fixed at 1 January 2003 for the fleet of each Member State listed in Annex I, Part A, with the exception of their fleets registered in the outermost regions.

(5)

Article 11 of Regulation (EC) No 2371/2002 allows Member States to rebuild 4 % of the annual average tonnage scrapped with public aid between 1 January 2003 and 31 December 2006 and 4 % of the tonnage scrapped with public aid as from 1 January 2007.

(6)

Article 13 of Regulation (EC) No 2371/2002 takes account of the requirement, as currently laid down in Article 25(3)(b) and (c) of Council Regulation (EC) No 1198/2006 of 27 July 2006 on a European Fisheries Fund (5), to reduce by at least 20 % the power of an engine that has been replaced with public aid, excluding engine replacements in the small-scale coastal fisheries as defined in that Regulation.

(7)

It is necessary to establish rules for the adjustment of the reference levels to take account of Article 11(4), (5) and (6), and, for reasons of transparency, Article 13(1)(b)(ii) of Regulation (EC) No 2371/2002 and of the remeasurement of the Union fishing fleet. After completion of the measurement of all fishing vessels, the adjustment rule should be maintained for a strict application of the entry-exit regime in terms of tonnage.

(8)

Requests by the Member States listed in Annex I, Part A submitted to the Commission before 31 December 2002 to increase their objectives in the Fourth Multiannual Guidance Programme (MAGP IV), as was provided for in Article 6(2) of Regulation (EC) No 2792/1999, and Article 3 and Article 4(2) of Council Decision 97/413/EC (6), are to be taken into account where appropriate for the determination of reference levels.

(9)

It is necessary to establish a calculation method in order to assess whether Member States manage entries into and exits from their fleet of fishing vessels in compliance with Regulation (EC) No 2371/2002.

(10)

The exemption from the entry-exit regime for the vessels that joined the fleet as from 1 January 2003 or, for the Member States listed in Annex I, Part B, as from the accession date, should take into account an administrative decision adopted respectively before 1 January 2003 or before the accession date. For the calculation of the overall fishing capacity of the fleet at 1 January 2003 special treatment should be given to entries into the fleet of vessels for which such administrative decisions were taken, provided that those vessels entered the fleet not later than 5 years after the date of the administrative decision by the concerned Member State.

(11)

Implementing rules are needed for decisions by Member States on the eligibility of modernisation works to improve safety, working conditions, product quality and hygiene on board vessels as referred to in Article 11(5) of Regulation (EC) No 2371/2002, in order to ensure a transparent assessment and an equal treatment of the requests, while preventing any increase in fishing effort as a result of such works.

(12)

Increases in enclosed volume over the main deck do not affect the tonnage of vessels under 15 m in length overall, in accordance with Council Regulation (EEC) No 2930/86 of 22 September 1986 defining characteristics for fishing vessels (7). Therefore, the modernisation of these vessels above the main deck is not taken into account when adapting the reference levels according to Article 11(5) of Regulation (EC) No 2371/2002.

(13)

Member States should be allowed to grant a limited increase in tonnage to new or existing vessels in order to improve safety, hygiene, working conditions and product quality on board, provided it does not increase the ability of the vessels to catch fish and gives priority to small-scale coastal fisheries within the meaning of Article 26 of Regulation (EC) No 1198/2006. That increase should be linked to their efforts to adjust fishing capacity with public aid between 1 January 2003 or 1 May 2004 and 31 December 2006 and from 1 January 2007 onwards.

(14)

It is necessary to lay down implementing rules to ensure that clear rules and procedures are set for the way Member States transmit data to the Union fishing fleet register and new validation rules are needed to guarantee the quality and the reliability of such data.

(15)

The annual reports and the summary thereof made by the Commission in accordance with Article 14 of Regulation (EC) No 2371/2002 should give a clear picture of the equilibrium between fleet fishing capacity and fishing opportunities.

(16)

The measures provided for in this Regulation are in accordance with the opinion of the Committee for Fisheries and Aquaculture,

(a)

exclusively used in aquaculture as defined in Article 3(d) of Regulation (EC) No 1198/2006; or

(b)

registered in the outermost regions of France, Portugal and Spain as indicated in point 1 of Article 355 of the Treaty.

(1)

‘GTa1’ or ‘the total tonnage of vessels that left the fleet with public aid between 1 January 2003 and 31 December 2006’ means the total tonnage of vessels that left the fleet with public aid between 1 January 2003 and 31 December 2006. In the formula concerning the reference level in tonnage in Article 4 this value is only taken into account for the amount of capacity that went beyond the tonnage reduction necessary to comply with the reference levels under Article 12(1) of Regulation (EC) No 2371/2002.

For the Member States listed in Annex I, Part B, ‘GTa1’ or ‘the total tonnage of vessels that left the fleet with public aid between 1 January 2003 and 31 December 2006’ means the total tonnage of vessels that left the fleet with public aid between the accession date and 31 December 2006;

(2)

‘GTS’ or ‘the total tonnage increases granted under the provisions of Article 11(5) of Regulation (EC) No 2371/2002’ means the total tonnage increases granted under Article 11(5) of Regulation (EC) No 2371/2002 and registered before the date for which GTt is calculated;

(3)

‘GTa2’ or ‘the total tonnage of vessels leaving the fleet with public aid after 31 December 2006’ means the total tonnage of vessels that left the fleet with public aid between 1 January 2007 and the date for which GTt is calculated. In the formula concerning the reference level in tonnage in Article 4 this value is only taken into account for the amount of capacity that went beyond the tonnage reduction necessary to comply with the reference levels under Article 12(1) of Regulation (EC) No 2371/2002;

(4)

‘GT100’ or ‘the total tonnage of vessels of more than 100 GT entering the fleet with public aid granted after 31 December 2002’ means the total tonnage of vessels of more than 100 GT that entered into the fleet between 1 January 2003 and the date for which GTt is calculated, and for which an administrative decision by the Member State concerned to grant aid was taken after 31 December 2002.

For the Member States listed in Annex I, Part B ‘GT100’ or ‘the total tonnage of vessels of more than 100 GT entering the fleet with public aid granted after 31 December 2002’ means the total tonnage of vessels of more than 100 GT that entered into the fleet between 1 May 2004 and the date for which GTt is calculated, and for which an administrative decision by the Member State concerned to grant aid was taken after 30 April 2004;

(5)

‘kWa’ or ‘the total power of vessels leaving the fleet with public aid after 31 December 2002’ means the total power of vessels that left the fleet with public aid between 1 January 2003 and the date for which kWt is calculated. In the formula concerning the reference level in power in Article 4 this value is only taken into account for the amount of capacity that went beyond the power reduction necessary to comply with the reference levels under Article 12(1) of Regulation (EC) No 2371/2002.

For the Member States listed in Annex I, Part B ‘kWa’ or ‘the total power of vessels leaving the fleet with public aid after 31 December 2002’ means the total power of vessels that left the fleet with public aid between 1 May 2004 and the date for which kWt is calculated;

(6)

‘kW100’ or ‘the total power of vessels of more than 100 GT entering the fleet with public aid granted after 31 December 2002’ means the total power of vessels of more than 100 GT that entered into the fleet between 1 January 2003 and the date for which kWt is calculated, and for which an administrative decision by the Member State concerned to grant aid was taken after 31 December 2002.

For the Member States listed in Annex I, Part B ‘kW100’ or ‘the total power of vessels of more than 100 GT entering the fleet with public aid granted after 31 December 2002’ means the total power of vessels of more than 100 GT that entered into the fleet between 1 May 2004 and the date for which kWt is calculated, and for which an administrative decision by the Member State concerned to grant aid was taken after 30 April 2004;

(7)

‘GTt’ means the total tonnage of the fleet, calculated at any given date after 1 January 2003;

(8)

‘Δ(GT-GRT)’ or ‘the result of the remeasurement of the fleet’ means the difference between the total capacity in terms of tonnage of the fleet on 1 January 2003 and the same value recalculated once the remeasurement of the fleet in GT is completed in accordance with Regulation (EEC) No 2930/86;

(9)

‘kWt’ means the total power of the fleet calculated at any date after 1 January 2003;

(10)

‘main deck’ means the ‘upper deck’ as defined by the International Convention on Tonnage Measurement of Ships, 1969;

(11)

‘kWr’ or ‘the total power of the engines replaced with public aid conditional to a power reduction’ means the total power of the engines replaced with public aid after 31 December 2006 under the provisions of Article 25(3)(b) and (c) of Regulation (EC) No 1198/2006.

(a)

deducting:

(b)

and adding the total tonnage increases granted under the provisions of Article 11(5) of Regulation (EC) No 2371/2002 (GTS).

(a)

deducting:

(b)

and adding:

(a)

the total power of vessels leaving the fleet with public aid after 31 December 2002 (kWa);

(b)

20 % of the total power of the engines replaced with public aid conditional to a power reduction (kWr);

(c)

35 % of the total power of vessels of more than 100 GT entering the fleet with public aid granted after 31 December 2002 (kW100).

(a)

deducting:

(b)

and adding:

(a)

the total power of vessels leaving the fleet with public aid on or after the accession date (kWa);

(b)

20 % of the total power of the engines replaced with public aid conditional to a power reduction (kWr);

(c)

35 % of the total power of vessels of more than 100 GT entering the fleet with public aid granted on or after the accession date (kW100).

(a)

the vessel has not already been granted an increase in tonnage under those provisions;

(b)

the vessel has an overall length of 15 m or more;

(c)

the age of the vessel, calculated as the difference between the date of receipt of the application and the date of entry into service as defined in Article 6 of Regulation (EEC) No 2930/86, is at least 5 years;

(d)

the increase in tonnage is the result of modernisation works to be performed with the purpose of improving safety on board, working conditions, hygiene or product quality;

(e)

the works referred to in point (d) do not increase the volume under the main deck;

(f)

the works referred to in point (d) do not result in additional volume devoted to fish holds or fishing gear.

(a)

each entry into or exit from the fleet;

(b)

each modernisation of a vessel that affects its fishing capacity.

(a)

the internal number and the name of the vessel;

(b)

the fishing capacity of the vessel in GT and kW;

(c)

the port of registration of the vessel;

(d)

the nature and dates of the following events:

(e)

whether the event is supported with public aid;

(f)

if appropriate, the date of the administrative decision by the Member State to grant that aid;

(g)

in the case of a modernisation, the modification of power (in kW), the modification of tonnage (in GT) above and below the main deck.

(a)

national implementing rules and instruments to ensure compliance with Chapter III of Regulation (EC) No 2371/2002;

(b)

administrative procedures for fleet monitoring and surveillance and information on which authorities are involved;

(c)

information on the development of fleet capacity, in particular on withdrawals and renewals with public aid;

(d)

plans to reduce the fleet in order to comply with the reference levels where appropriate;

(e)

information on the development of fleet capacity in their outermost regions in relation to transfers of vessels between the mainland and the outermost regions;

(f)

information on the impact on fleet capacity of effort limitation schemes, in particular when they are part of a recovery plan or a multiannual management plan;

(g)

any other information deemed relevant and useful for the purpose of the exchange of information and best practices between Member States.

(a)

a description of the fishing fleets in relation to fisheries: development(s) during the previous year, including fisheries covered by multiannual management or recovery plans;

(b)

the impact on fishing capacity of fishing effort reduction schemes adopted under multiannual management or recovery plans or, if appropriate, under national schemes;

(c)

information on the compliance with the entry/exit scheme and with the level of reference;

(d)

a summary report on the weaknesses and strengths of the fleet management system together with a plan for improvements and information on the general level of compliance with fleet policy instruments;

(e)

any information on changes of the administrative procedures relevant to the management of the fleet.

11.11.2010   

EN

Official Journal of the European Union

L 293/15

(1)

According to Article 8 of Regulation (EC) No 443/2009 Member States must every year record and transmit certain data to the Commission about new passenger cars registered in their territory in the previous year. As those data are to serve as the basis for determining the specific CO2 emissions target for manufacturers of new passenger cars and for the assessment of whether manufacturers comply with those targets, it is necessary to harmonise the rules on the collection and reporting of those data.

(2)

In order to assess fully whether each manufacturer complies with its specific CO2 emissions target established according Regulation (EC) No 443/2009 and to gain the necessary experience of the application of that Regulation, the Commission needs detailed data at manufacturer level for each vehicle series defined by type, variant and version. Member States should therefore ensure that such data are recorded and transmitted to the Commission together with the aggregated data in accordance with Article 8(2) of that Regulation.

(3)

Pursuant to Articles 18 and 26 of Directive 2007/46/EC of the European Parliament and of the Council of 5 September 2007 establishing a framework for the approval of motor vehicles and their trailers, and of systems, components and separate technical units intended for such vehicles (2), a manufacturer must ensure that each new passenger car placed on the market in the EU is accompanied by a valid certificate of conformity and a Member State cannot register such a vehicle unless it is accompanied by such a certificate of conformity. It is logical, therefore, that the certificate of conformity should be the primary source for the information that the Member States are required to record, make available to manufacturers pursuant to Article 8(1) of Regulation (EC) No 443/2009 and report to the Commission. In order to allow Member States to use information from sources other than the certificate of conformity, as indicated in recital 26 of Regulation (EC) No 443/2009, for the purpose of completing the process of registration and entry into service of a new passenger car, it is appropriate to establish which other documents provide equivalent accuracy and which therefore should also be permitted for use by the Member States.

(4)

It is important that the data on the registration of new passenger cars is accurate and can be processed effectively for the purpose of establishing the specific emission target in accordance with Article 4 of Regulation (EC) No 443/2009. Manufacturers should therefore provide the Commission with up-to-date information on the names and the first section of the Vehicle Identification Number as specified in Council Directive 76/114/EEC of 18 December 1975 on the approximation of the laws of the Member States relating to statutory plates and inscriptions for motor vehicles and their trailers, and their location and method of attachment (3) that are used on the certificates of conformity in the different Member States of registration. That information will enable the Commission to provide the Member States with an updated list of designated manufacturers’ names which should be used for the purpose of data reporting.

(5)

Member States should record and report information about newly registered vehicles that are designed to use alternative fuels. In order to allow the Commission to take into account reductions to the specific emissions target due to the use of ethanol (E85) fuel in accordance with Article 6 of Regulation (EC) No 443/2009, Member States should provide the Commission with the necessary information including the proportion of filling stations in their territory and, where applicable, the total number of those which provide ethanol (E85) fuel meeting the sustainability criteria set out in Directive 2009/28/EC of the European Parliament and of the Council of23 April 2009 on the promotion of the use of energy from renewable sources and amending and subsequently repealing Directives 2001/77/EC and 2003/30/EC (4), and in Article 7b of Directive 98/70/EC of the European Parliament and of the Council of 13 October 1998 relating to the quality of petrol and diesel fuels and amending Council Directive 93/12/EEC (5).

(6)

Articles 23 and 24 of Directive 2007/46/EC provide for a simplified approval procedure for which it is not required to issue a European certificate of conformity. Member States should monitor the number of vehicles registered under those procedures in order to assess its impact on the monitoring process and the attainment of the EU’s average CO2 emissions target for the new passenger car fleet.

(7)

The measures provided for in this Regulation are in accordance with the opinion of the Climate Change Committee,

(1)

‘type-approval documentation’ means the documents including the data specified in the third column of the table set out in Annex I to this Regulation;

(2)

‘aggregated monitoring data’ means the aggregated data specified in the first table in Part C of Annex II to Regulation (EC) No 443/2009;

(3)

‘detailed monitoring data’ means the detailed data specified in the second table in Part C of Annex II to Regulation (EC) No 443/2009 which is disaggregated by manufacturer and vehicle series as defined by the type, variant and version;

(4)

‘base vehicle’ is as defined in Article 3(18) of Directive 2007/46/EC;

(5)

‘bi-fuel gas vehicle’ and ‘flex-fuel ethanol vehicle’ are as defined in Article 2 of Commission Regulation (EC) No 692/2008 (6).

(a)

for bi-fuel gas vehicles using petrol and gaseous fuels, the CO2 emissions value for the liquefied petroleum gas (LPG) or natural gas (NG) in accordance with point 2 in Part A of Annex II to Regulation (EC) No 443/2009;

(b)

for flex-fuel ethanol vehicles using petrol and ethanol (E85) fuel referred to in Article 6 of Regulation (EC) No 443/2009, the CO2 emission value for petrol.

(a)

the percentages laid down in Article 4 of Regulation (EC) No 443/2009;

(b)

the super-credits laid down in Article 5 of Regulation (EC) No 443/2009;

(c)

the CO2 emissions reduction granted in accordance with Article 6 of Regulation (EC) No 443/2009;

(d)

the CO2 emissions reduction achieved through innovative technologies considered in accordance with Article 12 of Regulation (EC) No 443/2009.

(a)

the percentages laid down in Article 4 of Regulation (EC) No 443/2009;

(b)

the super-credits laid down in Article 5 of Regulation (EC) No 443/2009.

(a)

for each vehicle with specific emissions of CO2 of less than 50 g CO2/km, the number of vehicles registered without applying the multiplication factors laid down in Article 5 of Regulation (EC) No 443/2009;

(b)

for each vehicle designed to be capable of running on ethanol (E85) fuel, the specific emissions of CO2 without applying the 5 % CO2 emissions reduction granted to such vehicles in accordance with Article 6 of Regulation (EC) No 443/2009;

(c)

for each vehicle equipped with innovative technologies, the specific emissions of CO2 without taking into account the CO2 emissions reduction through innovative technologies granted in accordance with Article 12 of Regulation (EC) No 443/2009.

(a)

‘AA-IVA’ for reporting vehicle types approved individually;

(b)

‘AA-NSS’ for reporting vehicle types approved nationally in small series.

(a)

the names they indicate or intend to indicate on the certificates of conformity;

(b)

the first section of any Vehicle Identification Number as specified in Directive 76/114/EEC that they indicate or intend to indicate on the certificates of conformity.

11.11.2010   

EN

Official Journal of the European Union

L 293/21

(1)

Under Directive 2009/125/EC ecodesign requirements should be set by the Commission for energy-related products representing significant volumes of sales and trade, having significant environmental impact and presenting significant potential for improvement in terms of their environmental impact without entailing excessive costs.

(2)

Article 16(2), first indent, of Directive 2009/125/EC provides that in accordance with the procedure referred to in Article 19(3) and the criteria set out in Article 15(2), and after consulting the Ecodesign Consultation Forum, the Commission shall, as appropriate, introduce an implementing measure for domestic appliances, including household washing machines.

(3)

The Commission has carried out a preparatory study to analyse the technical, environmental and economic aspects of household washing machines typically used in households. The study has been developed together with stakeholders and interested parties from the Union and third countries, and the results have been made publicly available.

(4)

This Regulation should cover products designed for washing laundry in households.

(5)

Household combined washer-driers have particular characteristics and should therefore be excluded from the scope of this Regulation. However, considering that they offer similar functionalities as household washing machines, they should be addressed as soon as possible in another implementing measure of Directive 2009/125/EC.

(6)

The environmental aspect of the household washing machines, identified as significant for the purposes of this Regulation, is energy and water consumption in the use phase. The annual electricity and water consumption of products subject to this Regulation was estimated to have been 35 TWh and 2 213 million m3, respectively, in the Union in 2005. Unless specific measures are taken, annual electricity and water consumption is predicted to be 37,7 TWh and 2 051 million m3 in 2020. The preparatory study shows that the electricity and water consumption of products subject to this Regulation can be significantly reduced.

(7)

The preparatory study shows that requirements regarding other ecodesign parameters referred to in Part 1 of Annex I to Directive 2009/125/EC are not necessary as electricity and water consumptions of household washing machines in the use phase are by far the most important environmental aspect.

(8)

The electricity and water consumptions of products subject to this Regulation should be made more efficient by applying existing non-proprietary cost-effective technologies that can reduce the combined costs of purchasing and operating these products.

(9)

The ecodesign requirements should not affect functionality from the end-user’s perspective and should not negatively affect health, safety or the environment. In particular, the benefits of reducing electricity and water consumption during the use phase should more than offset any additional environmental impacts during the production phase.

(10)

The ecodesign requirements should be introduced gradually in order to provide a sufficient timeframe for manufacturers to redesign products subject to this Regulation. The timing should be such as to avoid negative impacts on the functionalities of equipment on the market, and to take into account cost impacts for end-users and manufacturers, in particular small and medium-sized enterprises, while ensuring timely achievement of the objectives of this Regulation.

(11)

Measurements of the relevant product parameters should be performed using reliable, accurate and reproducible measurement methods, which take into account the recognised state-of-the-art measurement methods including, where available, harmonised standards adopted by the European standardisation bodies, as listed in Annex I to Directive 98/34/EC of the European Parliament and of the Council of 22 June 1998 laying down a procedure for the provision of information in the field of technical standards and regulations and of rules on Information Society services (2).

(12)

In accordance with Article 8 of Directive 2009/125/EC, this Regulation should specify the applicable conformity assessment procedures.

(13)

In order to facilitate compliance checks, manufacturers should provide information in the technical documentation referred to in Annexes V and VI to Directive 2009/125/EC in so far as this information relates to the requirements laid down in this Regulation.

(14)

In addition to the legally binding requirements laid down in this Regulation, indicative benchmarks for best available technologies should be identified to ensure the wide availability and easy accessibility of information on the lifecycle environmental performance of products subject to this Regulation.

(15)

The measures provided for in this Regulation are in accordance with the opinion of the Committee referred to in Article 19(1) of Directive 2009/125/EC,

(1)

‘household washing machine’ means an automatic washing machine which cleans and rinses textiles using water which also has a spin extraction function and which is designed to be used principally for non-professional purposes;

(2)

‘built-in household washing machine’ means a household washing machine intended to be installed in a cabinet, a prepared recess in a wall or a similar location, requiring furniture finishing;

(3)

‘automatic washing machine’ means a washing machine where the load is fully treated by the machine without the need for user intervention at any point during the programme;

(4)

‘household combined washer-drier’ means a household washing machine which includes both a spin extraction function and also a means for drying the textiles, usually by heating and tumbling;

(5)

‘programme’ means a series of operations that are pre-defined and are declared by the manufacturer as suitable for washing certain types of textile;

(6)

‘cycle’ means a complete washing, rinsing and spinning process, as defined for the selected programme;

(7)

‘programme time’ means the time that elapses from the initiation of the programme until the completion of the programme excluding any end-user programmed delay;

(8)

‘rated capacity’ means the maximum mass in kilograms stated by the manufacturer at 0,5 kg intervals kg of dry textiles of a particular type, which can be treated in a household washing machine on the selected programme, when loaded in accordance with the manufacturer’s instructions;

(9)

‘partial load’ means half of the rated capacity of a household washing machine for a given programme;

(10)

‘remaining moisture content’ means the amount of moisture contained in the load at the end of the spinning phase;

(11)

‘off-mode’ means a condition where the household washing machine is switched off using appliance controls or switches accessible to and intended for operation by the end-user during normal use to attain the lowest power consumption that may persist for an indefinite time while the household washing machine is connected to a power source and used in accordance with the manufacturer’s instructions; where there is no control or switch accessible to the end-user, ‘off-mode’ means the condition reached after the household washing machine reverts to a steady-state power consumption on its own;

(12)

‘left-on mode’ means the lowest power consumption mode that may persist for an indefinite time after completion of the programme without any further intervention by the end-user besides unloading of the household washing machine;

(13)

‘equivalent washing machine’ means a model of household washing machine placed on the market with the same rated capacity, technical and performance characteristics, energy and water consumption and airborne acoustical noise emissions during washing and spinning as another model of household washing machine placed on the market under a different commercial code number by the same manufacturer.

(a)

the generic ecodesign requirements set out in point 1(1) of Annex I shall apply from 1 December 2012;

(b)

the generic ecodesign requirements set out in point 1(2) of Annex I shall apply from 1 June 2011;

(c)

the generic ecodesign requirements set out in point 1(3) of Annex I shall apply from 1 December 2013;

(d)

the specific ecodesign requirements set out in point 2(2) of Annex I shall apply from 1 December 2013.

11.11.2010   

EN

Official Journal of the European Union

L 293/31

(1)

Under Directive 2009/125/EC ecodesign requirements should be set by the Commission for energy-related products representing significant volumes of sales and trade, having significant environmental impact and presenting significant potential for improvement in terms of their environmental impact without entailing excessive costs.

(2)

Article 16(2), first indent, of Directive 2009/125/EC provides that in accordance with the procedure referred to in Article 19(3) and the criteria set out in Article 15(2), and after consulting the Ecodesign Consultation Forum, the Commission shall, as appropriate, introduce an implementing measure for domestic appliances, including household dishwashers.

(3)

The Commission has carried out a preparatory study to analyse the technical, environmental and economic aspects of household dishwashers typically used in households. The study has been developed together with stakeholders and interested parties from the Union and third countries, and the results have been made publicly available.

(4)

This Regulation should cover products designed for washing tableware in households.

(5)

The environmental aspect of household dishwashers, identified as significant for the purposes of this Regulation, is energy consumption in the use phase. The annual electricity consumption of products subject to this Regulation was estimated to have been 24,7 TWh in the Union in 2005 corresponding to 13 million tonnes of CO2. Unless specific measures are taken, annual electricity consumption is estimated to increase to 35 TWh in 2020. The preparatory study shows that the electricity and water consumption of products subject to this Regulation can be significantly reduced.

(6)

The preparatory study shows that requirements regarding other ecodesign parameters referred to in Annex I, Part 1 to Directive 2009/125/EC are not necessary as electricity consumption of household dishwashers in the use phase is by far the most important environmental aspect.

(7)

The electricity consumption of products subject to this Regulation should be made more efficient by applying existing non-proprietary cost-effective technologies that can reduce the combined costs of purchasing and operating these products.

(8)

The ecodesign requirements should not affect functionality from the end-user’s perspective and should not negatively affect health, safety or the environment. In particular, the benefits of reducing electricity consumption during the use phase should more than offset any additional environmental impacts during the production phase.

(9)

The ecodesign requirements should be introduced gradually in order to provide a sufficient time-frame for manufacturers to redesign products subject to this Regulation. The timing should be set in such a way as to avoid negative impacts on the functionalities of equipment on the market, and to take into account cost impacts for end-users and manufacturers, in particular small and medium-sized enterprises, while ensuring timely achievement of the objectives of this Regulation.

(10)

Measurements of the relevant product parameters should be performed using reliable, accurate and reproducible measurement methods, which take into account the recognised state-of-the-art measurement methods including, where available, harmonised standards adopted by the European standardisation bodies, as listed in Annex I to Directive 98/34/EC of the European Parliament and of the Council of 22 June 1998 laying down a procedure for the provision of information in the field of technical standards and regulations and of rules on Information Society services (2).

(11)

In accordance with Article 8 of Directive 2009/125/EC, this Regulation should specify the applicable conformity assessment procedures.

(12)

In order to facilitate compliance checks, manufacturers should provide information in the technical documentation referred to in Annexes V and VI to Directive 2009/125/EC in so far as this information relates to the requirements laid down in this Regulation.

(13)

In addition to the legally binding requirements laid down in this Regulation, indicative benchmarks for best available technologies should be identified to ensure the wide availability and easy accessibility of information on the lifecycle environmental performance of products subject to this Regulation.

(14)

The measures provided for in this Regulation are in accordance with the opinion of the Committee referred to in Article 19(1) of Directive 2009/125/EC,

(1)

‘household dishwasher’ means a machine which cleans, rinses, and dries dishware, glassware, cutlery and cooking utensils by chemical, mechanical, thermal, and electric means and which is designed to be used principally for non-professional purposes;

(2)

‘built-in household dishwasher’ means a household dishwasher intended to be installed in a cabinet, a prepared recess in a wall or a similar location, requiring furniture finishing;

(3)

‘place settings’ means a defined set of crockery, glass and cutlery for use by one person;

(4)

‘rated capacity’ means the maximum number of place settings together with the serving pieces, as stated by the manufacturer, which can be treated in a household dishwasher on the programme selected when loaded in accordance with the manufacturer’s instructions;

(5)

‘programme’ means a series of operations that are pre-defined and are declared as suitable by the manufacturer for specified levels of soil or types of load, or both, and together form a complete cycle;

(6)

‘programme time’ means the time that elapses from the initiation of the programme until the completion of the programme, excluding any user-programmed delay;

(7)

‘cycle’ means a complete cleaning, rinsing, and drying process, as defined for the selected programme;

(8)

‘off-mode’ means a condition where the household dishwasher is switched off using appliance controls or switches accessible to and intended for operation by the end-user during normal use to attain the lowest power consumption that may persist for an indefinite time while the household dishwasher is connected to a power source and used in accordance with the manufacturer’s instructions; where there is no control or switch accessible to the end-user, ‘off-mode’ means the condition reached after the household dishwasher reverts to a steady-state power consumption on its own;

(9)

‘left-on mode’ means the lowest power consumption mode that may persist for an indefinite time after completion of the programme and unloading of the machine without any further intervention of the end-user;

(10)

‘equivalent dishwasher’ means a model of household dishwasher placed on the market with the same rated capacity, technical and performance characteristics, energy and water consumption and airborne acoustical noise emissions as another model of household dishwasher placed on the market under a different commercial code number by the same manufacturer.

(a)

the generic ecodesign requirements set out in point 1(1) of Annex I shall apply from 1 December 2012;

(b)

the generic ecodesign requirements set out in point 1(2) of Annex I shall apply from 1 June 2012;

(c)

the specific ecodesign requirements set out in point 2(2) of Annex I shall apply from 1 December 2013;

(d)

the specific ecodesign requirements set out in point 2(3) of Annex I shall apply from 1 December 2016;

11.11.2010   

EN

Official Journal of the European Union

L 293/41

(1)

Commission Regulation (EU) No 1272/2009 of 11 December 2009 laying down common detailed rules for the implementation of Council Regulation (EC) No 1234/2007 as regards buying-in and selling of agricultural products under public intervention (2) provides that cereals held by the intervention agencies are to be sold by invitation to tender.

(2)

The Member States have intervention stocks of common wheat and barley. To meet market needs, these stocks of cereals should be made available on the internal market. To this end, standing invitations to tender should be opened for the resale on the internal market of cereals held by the intervention agencies of the Member States. Each sale should be considered to constitute a separate invitation to tender.

(3)

To take account of the situation on the internal market, provision should be made for the Commission to manage this invitation to tender. In addition, provision must be made for an award coefficient for tenders offering the minimum selling price.

(4)

To ensure sound management of the system, the conditions and deadlines for transmission of the information required by the Commission should be laid down.

(5)

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

—

8 and 15 December 2010,

—

12 and 26 January 2011,

—

9 and 23 February 2011,

—

9 and 23 March 2011,

—

13 and 27 April 2011,

—

11 and 25 May 2011,

—

15 and 29 June 2011.

11.11.2010   

EN

Official Journal of the European Union

L 293/44

11.11.2010   

EN

Official Journal of the European Union

L 293/46

(1)

The representative prices and additional duties applicable to imports of white sugar, raw sugar and certain syrups for the 2010/11 marketing year are fixed by Commission Regulation (EU) No 867/2010 (3). These prices and duties have been last amended by Commission Regulation (EU) No 1012/2010 (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,

11.11.2010   

EN

Official Journal of the European Union

L 293/48

(1)

The inclusions in Annex I to Directive 91/414/EEC of the active substances listed in the Annex to this Directive expire between 31 May 2011 and 31 December 2012.

(2)

Article 5(5) of Directive 91/414/EEC provides that the inclusion of an active substance can be renewed, upon request, provided an application is made at the latest two years before the inclusion period is due to lapse. The Commission has received requests regarding renewals of inclusions for all the substances referred to in recital 1.

(3)

Detailed rules will be needed concerning the submission and evaluation of further information necessary for the renewal of Annex I inclusion. Therefore, it is justified to renew the inclusion of the active substances referred to in recital 1 for a period necessary to enable the applicants to prepare their applications and to enable the Commission to evaluate and decide upon such applications.

(4)

It is therefore appropriate to amend Directive 91/414/EEC accordingly.

(5)

The measures provided for in this Directive are in accordance with the opinion of the Standing Committee on the Food Chain and Animal Health,

11.11.2010   

EN

Official Journal of the European Union

L 293/58

(1)

According to the Protocol on Transitional Provisions annexed to the Treaty on European Union, to the Treaty on the Functioning of the European Union and to the Treaty establishing the European Atomic Energy Community, the legal effects of the acts of the institutions, bodies, offices and agencies of the Union adopted prior to the entry into force of the Treaty of Lisbon are preserved until those acts are repealed, annulled or amended in implementation of the Treaties.

(2)

Accordingly, Article 25 of Decision 2008/615/JHA is applicable and the Council must unanimously decide whether the Member States have implemented the provisions of Chapter 6 of that Decision.

(3)

Article 20 of Decision 2008/616/JHA provides that decisions referred to in Article 25(2) of Decision 2008/615/JHA are to be taken on the basis of an evaluation report based on a questionnaire. With respect to automated data exchange in accordance with Chapter 2 of Decision 2008/615/JHA, the evaluation report is to be based on an evaluation visit and a pilot run.

(4)

According to Chapter 4, point 1.1, of the Annex to Decision 2008/616/JHA, the questionnaire drawn up by the relevant Council Working Group concerns each of the automated data exchanges and has to be answered by a Member State as soon as it believes it fulfils the prerequisites for sharing data in the relevant data category.

(5)

Slovakia has completed the questionnaire on data protection and the questionnaire on dactyloscopic data exchange.

(6)

A successful pilot run has been carried out by Slovakia with Austria.

(7)

An evaluation visit has taken place in Slovakia and a report on the evaluation visit has been produced by the Austrian/German evaluation team and forwarded to the relevant Council Working Group.

(8)

An overall evaluation report, summarising the results of the questionnaire, the evaluation visit and the pilot run concerning dactyloscopic data exchange has been presented to the Council,

11.11.2010   

EN

Official Journal of the European Union

L 293/60

(1)

The Commission has adopted Decision 97/555/EC of 14 July 1997 on the procedure for attesting the conformity of construction products pursuant to Article 20(2) of Council Directive 89/106/EEC as regards cements, building limes and other hydraulic binders (2).

(2)

Following a review of the product family ‘building limes’ the Member States and the Commission considered necessary to strengthen the role of the third party involved in the certification of the factory production control.

(3)

Decision 97/555/EC should therefore be amended accordingly,

11.11.2010   

EN

Official Journal of the European Union

L 293/62

(1)

Article 10 of Directive 92/65/EEC lays down the animal health requirements governing trade in dogs, cats and ferrets.

(2)

Part 1 of Annex E to Directive 92/65/EEC sets out the model health certificate for trade in animals from holdings, including dogs, cats and ferrets.

(3)

Regulation (EC) No 998/2003 of the European Parliament and of the Council (2) lays down the animal health requirements applicable to the non-commercial movement of pet animals and the rules applying to checks on such movements. It applies to movements between Member States or from third countries of pet animals of the species listed in Annex I thereto. Dogs, cats and ferrets are listed in Parts A and B of that Annex.

(4)

The requirements laid down in Regulation (EC) No 998/2003 differ, depending on whether the pet animals are moved between Member States or from third countries to Member States. In addition, the requirements for such movements from third countries are further differentiated between third countries listed in Section 2 of Part B of Annex II to that Regulation and those third countries which are listed in Part C of that Annex.

(5)

In order to avoid that commercial movements are fraudulently disguised as non-commercial movements of pet animals within the meaning of Regulation (EC) No 998/2003, Article 12 of that Regulation provides that the requirements and checks laid down in Directive 92/65/EEC are to apply to the movement of more than five pet animals where the animals are brought into the Union from a third country other than those listed in Section 2 of Part B of Annex II to that Regulation.

(6)

In order to avoid the same practices and ensure a uniform application of Regulation (EC) No 998/2003, Commission Regulation (EU) No 388/2010 of 6 May 2010 implementing Regulation (EC) No 998/2003 of the European Parliament and of the Council as regards the maximum number of pet animals of certain species that may be the subject of non-commercial movement (3) provides that the same rules apply where more than five pet dogs, cats and ferrets are moved into a Member State from another Member State or a third country listed in Section 2 of Part B of Annex II to Regulation (EC) No 998/2003.

(7)

The certificate set out in Part 1 of Annex E to Directive 92/65/EEC, as amended by Commission Decision 2010/270/EU (4), takes into account the provisions of Regulation (EU) No 388/2010.

(8)

Experience in the application of Regulation (EU) No 388/2010 has shown that in certain cases the provisions of that Regulation affect in a disproportionate manner the movement of a limited population of pet dogs, cats and ferrets that are frequently moved for non-commercial purposes in numbers higher than five to take part in certain sport events and shows.

(9)

For those cases it is appropriate to introduce a period of validity of the health certificate which is longer than the period of validity of health certificates issued for other species covered by the certificate set out in Part 1 of Annex E to Directive 92/65/EEC.

(10)

Commission Decision 2004/824/EC of 1 December 2004 establishing a model health certificate for non-commercial movements of dogs, cats and ferrets from third countries into the Community (5) provides that the certificate set out in the Annex thereto is valid for movements within the Union for a period of 4 months from the date of issue or until the date of expiry of the vaccination against rabies, whichever is earlier.

(11)

In the interest of consistency of Union legislation, it is appropriate that the validity of certificates for pet dogs, cats and ferrets set out in Part 1 of Annex E to Directive 92/65/EEC be the same as the one laid down for the certificate set out in the Annex to Decision 2004/824/EC.

(12)

Directive 92/65/EEC should therefore be amended accordingly.

(13)

The measures provided for in this Decision are in accordance with the opinion of the Standing Committee on the Food Chain and Animal Health,

11.11.2010   

EN

Official Journal of the European Union

L 293/67

(1)

Regulation (EC) No 715/2009 sets up guidelines on the definition of the technical information necessary for network users to gain effective access to the system.

(2)

The guidelines should introduce transparency requirements in order to ensure effective access to natural gas transmission systems and to provide a minimum guarantee of equal market access conditions in practice.

(3)

The measures provided for in this Decision are in accordance with the opinion of the Committee referred to Article 28 of Regulation (EC) No 715/2009,