ISSN 1725-2555

doi:10.3000/17252555.L_2011.026.eng

Official Journal

of the European Union

L 26

European flag  

English edition

Legislation

Volume 54
29 January 2011


Contents

 

II   Non-legislative acts

page

 

 

INTERNATIONAL AGREEMENTS

 

 

2011/56/EU

 

*

Council Decision of 26 July 2010 on the signing, on behalf of the Union, of the Agreement between the European Union and the Republic of Croatia on the participation of the Republic of Croatia in the work of the European Monitoring Centre for Drugs and Drug Addiction

1

 

 

REGULATIONS

 

*

Commission Regulation (EU) No 68/2011 of 28 January 2011 on fixing the amount of aid in advance for private storage of pigmeat

2

 

 

Commission Regulation (EU) No 69/2011 of 28 January 2011 establishing the standard import values for determining the entry price of certain fruit and vegetables

5

 

 

Commission Regulation (EU) No 70/2011 of 28 January 2011 amending the representative prices and additional import duties for certain products in the sugar sector fixed by Regulation (EU) No 867/2010 for the 2010/11 marketing year

7

 

 

Commission Regulation (EU) No 71/2011 of 28 January 2011 on selling prices for cereals in response to the fifth individual invitations to tender within the tendering procedures opened by Regulation (EU) No 1017/2010

9

 

 

DIRECTIVES

 

*

Commission Directive 2011/8/EU of 28 January 2011 amending Directive 2002/72/EC as regards the restriction of use of Bisphenol A in plastic infant feeding bottles ( 1 )

11

 

 

DECISIONS

 

 

2011/57/EU

 

*

Council Decision of 20 December 2010 amending Decision 2010/320/EU addressed to Greece with a view to reinforcing and deepening fiscal surveillance and giving notice to Greece to take measures for the deficit reduction judged necessary to remedy the situation of excessive deficit

15

 


 

(1)   Text with EEA relevance

EN

Acts whose titles are printed in light type are those relating to day-to-day management of agricultural matters, and are generally valid for a limited period.

The titles of all other Acts are printed in bold type and preceded by an asterisk.


II Non-legislative acts

INTERNATIONAL AGREEMENTS

29.1.2011   

EN

Official Journal of the European Union

L 26/1


COUNCIL DECISION

of 26 July 2010

on the signing, on behalf of the Union, of the Agreement between the European Union and the Republic of Croatia on the participation of the Republic of Croatia in the work of the European Monitoring Centre for Drugs and Drug Addiction

(2011/56/EU)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union, and in particular Article 168(5), in conjunction with Article 218(5), thereof,

Having regard to the proposal from the Commission,

Whereas:

(1)

Regulation (EC) No 1920/2006 of the European Parliament and of the Council of 12 December 2006 on the European Monitoring Centre for Drugs and Drug Addiction (1) provides, in Article 21 thereof, that the European Monitoring Centre for Drugs and Drug Addiction shall be open to the participation of any third country that shares the interests of the Union and its Member States in the Centre’s objectives and work.

(2)

On 11 July 2006 the Council authorised the Commission to open negotiations with the Republic of Croatia for an Agreement between the European Union and the Republic of Croatia on the participation of the Republic of Croatia in the work of the European Monitoring Centre for Drugs and Drug Addiction (hereinafter ‘the Agreement’). The negotiations were successfully concluded by the initialling of the Agreement.

(3)

The Agreement should be signed on behalf of the Union, subject to its conclusion,

HAS ADOPTED THIS DECISION:

Article 1

The signing of the Agreement between the European Union and the Republic of Croatia on the participation of the Republic of Croatia in the work of the European Monitoring Centre for Drugs and Drug Addiction (hereinafter ‘the Agreement’) is hereby approved on behalf of the Union, subject to the conclusion of the said Agreement.

Article 2

The President of the Council is hereby authorised to designate the person(s) empowered to sign the Agreement on behalf of the Union subject to its conclusion (2).

Article 3

This Decision shall enter into force on the day of its adoption.

Done at Brussels, 26 July 2010.

For the Council

The President

S. VANACKERE


(1)  OJ L 376, 27.12.2006, p. 1.

(2)  The text of the Agreement will be published together with the decision on its conclusion.


REGULATIONS

29.1.2011   

EN

Official Journal of the European Union

L 26/2


COMMISSION REGULATION (EU) No 68/2011

of 28 January 2011

on fixing the amount of aid in advance for private storage of pigmeat

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 43(a) and (d), in conjunction with Article 4 thereof,

Whereas:

(1)

Article 37 of Regulation (EC) No 1234/2007 provides that when the average Community market price for pig carcasses as established by reference to the prices recorded in each Member State on the representative markets of the Community and weighted by means of coefficients reflecting the relative size of the pig herd in each Member State is, and is likely to remain, at less than 103 % of the reference price, the Commission may decide to grant aid for private storage.

(2)

Market prices have fallen below that level and, given seasonal and cyclical trends, this situation could persist. In view of this, it is therefore appropriate to grant aid for private storage.

(3)

Article 31 of Regulation (EC) No 1234/2007 provides that a private storage aid maybe granted for pigmeat and that aid shall be fixed by the Commission in advance or by means of tendering procedure.

(4)

Commission Regulation (EC) No 826/2008 of 20 August 2008 laying down common rules for the granting of private storage aid for certain agricultural products (2) has established common rules for the implementation of the private storage aid scheme.

(5)

Pursuant to Article 6 of Regulation (EC) No 826/2008 an aid fixed in advance is to be granted in accordance with the detailed rules and conditions provides for in Chapter III of that Regulation.

(6)

In order to facilitate the management of the measure, the pigmeat products are classified in categories according to similarities with regard to the level of storage cost.

(7)

The closing date for the submission of applications should depend on market situation and should be decided in accordance with the procedure referred to in Article 195(2) of Regulation (EC) No 1234/2007.

(8)

In order to facilitate the administrative and control work relating to the conclusion of contracts, the minimum quantities of products each application must provide for should be fixed.

(9)

A security should be fixed in order to ensure the operators fulfil their contractual obligations and that the measure will have its desired effect on the market.

(10)

Exports of pigmeat products contribute to the restoring of the balance on the market. Therefore, provisions of Article 28(3) of Regulation (EC) No 826/2008 should apply when the storage period is shortened where products removed from storage are intended for export. Daily amounts to be applied for the reduction of the amount of the aid as referred to in that Article should be fixed.

(11)

For the purpose of application of the first subparagraph of Article 28(3) of Regulation (EC) No 826/2008 and for reason of consistency and clarity for operators, it is necessary to express in days the period of 2 months referred therein.

(12)

Article 35 of Regulation (EC) No 826/2008 provides for the information that the Member States have to notify to the Commission. It is appropriate to specify the rules on the notifications within the framework of the present Regulation.

(13)

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

Scope

1.   This Regulation provides for private storage aid for pigmeat as referred to in Article 31(1)(f) of Regulation (EC) No 1234/2007.

2.   The list of categories of products eligible for aid and the relevant amounts are set out in the Annex to this Regulation.

Article 2

Applicable rules

Regulation (EC) No 826/2008 shall apply save as otherwise provided for in this Regulation.

Article 3

Submission of applications

1.   From 01.02.2011 applications for private storage aid for the categories of pigmeat products eligible for aid under Article 1 of this Regulation may be lodged.

2.   Applications shall relate to a storage period of 90, 120 or 150 days.

3.   Each application shall refer to only one of the categories of products listed in the Annex to this Regulation, indicating the relevant CN code within that category.

4.   The closing date for the submission of applications will be decided in accordance with the procedure referred to in Article 195(2) of Regulation (EC) No 1234/2007.

5.   Each application shall cover a minimum quantity of at least 10 tonnes for boned products and 15 tonnes for other products.

Article 4

Securities

The amount of the security to be lodged in accordance with Article 16(2)(i) of Regulation (EC) No 826/2008 shall equal to 20% of the amounts of the aid fixed in columns 3 to 5 of the Annex to this Regulation.

Article 5

Removal from storage of product intended for export

1.   For the purpose of application of the first sub-paragraph of Article 28(3) of Regulation (EC) No 826/2008 the expiry of a minimum storage period of 60 days shall be required.

2.   For the purpose of application of the third subparagraph of Article 28(3) of Regulation (EC) No 826/2008, the daily amounts are set in column 6 of the Annex to this Regulation.

Article 6

Communications

Member States shall notify the Commission each Monday and Thursday by 12:00 (Brussels time) the quantities of products for which applications to conclude contracts have been submitted.

Article 7

Entry into force

This Regulation shall enter into force on the third 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, 28 January 2011.

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 223, 21.8.2008, p. 3.


ANNEX

Categories of products

Products in respect of which aid is granted

Amount of aid for a storage period of

(EUR/tonne)

Daily amounts

(EUR/tonne/per day)

90 days

120 days

150 days

1

2

3

4

5

6

Category 1

ex 0203 11 10

Half-carcases without the forefoot, tail, kidney, thin skirt and spinal cord (1)

376

398

420

0,74

Category 2

ex 0203 12 11

Hams

416

435

455

0,65

ex 0203 12 19

Shoulders

ex 0203 19 11

Fore-ends

ex 0203 19 13

Loins, with or without the neck-end, or neck-ends separately, loins with or without the chump (2)  (3)

Category 3

ex 0203 19 55

Legs, shoulders, fore-ends, loins with or without the neck-end, or neck-ends separately, loins with or without the chump, boned (2)  (3)

459

479

499

0,67

Category 4

ex 0203 19 15

Bellies, whole or trimmed by rectangular cut

343

362

381

0,65

Category 5

ex 0203 19 55

Bellies, whole or trimmed by rectangular cut, without rind and ribs

369

389

408

0,66

Category 6

ex 0203 19 55

Cuts corresponding to ‘middles’, with or without rind or fat, boned (4)

373

395

416

0,73


(1)  The aid may also be granted for half-carcases presented as Wiltshire sides, i.e. without the head, cheek, chap, feet, tail, flare fat, kidney, tenderloin, blade bone, sternum, vertebral column, pelvic bone and diaphragm.

(2)  Loins and neck-ends may be with or without rind but the adherent layer of fat may not exceed 25 mm in depth.

(3)  The quantity contracted may cover any combination of the products referred to.

(4)  Same presentation as for products falling within CN code 0210 19 20.


29.1.2011   

EN

Official Journal of the European Union

L 26/5


COMMISSION REGULATION (EU) No 69/2011

of 28 January 2011

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 29 January 2011.

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

Done at Brussels, 28 January 2011.

For the Commission, On behalf of the President,

José Manuel SILVA RODRÍGUEZ

Director-General for Agriculture and Rural Development


(1)  OJ L 299, 16.11.2007, p. 1.

(2)  OJ L 350, 31.12.2007, p. 1.


ANNEX

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

(EUR/100 kg)

CN code

Third country code (1)

Standard import value

0702 00 00

IL

116,3

JO

73,2

MA

61,8

TN

128,8

TR

98,6

ZZ

95,7

0707 00 05

EG

182,1

JO

82,9

MA

100,1

TR

113,0

ZZ

119,5

0709 90 70

MA

68,4

TR

130,5

ZZ

99,5

0709 90 80

EG

66,7

ZZ

66,7

0805 10 20

AR

41,5

BR

41,5

EG

51,7

MA

54,7

TN

50,4

TR

72,2

ZA

41,5

ZZ

50,5

0805 20 10

IL

163,3

MA

75,3

TR

79,6

ZZ

106,1

0805 20 30, 0805 20 50, 0805 20 70, 0805 20 90

CN

69,9

IL

93,5

JM

94,5

MA

108,5

PK

51,5

TR

63,9

US

79,6

ZZ

80,2

0805 50 10

AR

45,3

EG

41,5

TR

52,6

UY

45,3

ZZ

46,2

0808 10 80

BR

55,2

CA

96,6

CL

90,0

CN

131,0

MK

46,1

NZ

78,5

US

123,2

ZZ

88,7

0808 20 50

CN

49,8

US

125,5

ZA

101,1

ZZ

92,1


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


29.1.2011   

EN

Official Journal of the European Union

L 26/7


COMMISSION REGULATION (EU) No 70/2011

of 28 January 2011

amending the representative prices and additional import duties for certain products in the sugar sector fixed by Regulation (EU) No 867/2010 for the 2010/11 marketing year

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

Whereas:

(1)

The representative prices and additional duties applicable to imports of white sugar, raw sugar and certain syrups for the 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 33/2011 (4).

(2)

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

HAS ADOPTED THIS REGULATION:

Article 1

The representative prices and additional duties applicable to imports of the products referred to in Article 36 of Regulation (EC) No 951/2006, as fixed by Regulation (EU) No 867/2010 for the 2010/11, marketing year, are hereby amended as set out in the Annex hereto.

Article 2

This Regulation shall enter into force on 29 January 2011.

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

Done at Brussels, 28 January 2011.

For the Commission, On behalf of the President,

José Manuel SILVA RODRÍGUEZ

Director-General for Agriculture and Rural Development


(1)  OJ L 299, 16.11.2007, p. 1.

(2)  OJ L 178, 1.7.2006, p. 24.

(3)  OJ L 259, 1.10.2010, p. 3.

(4)  OJ L 13, 18.1.2011, p. 57.


ANNEX

Amended representative prices and additional import duties applicable to white sugar, raw sugar and products covered by CN code 1702 90 95 from 29 January 2011

(EUR)

CN code

Representative price per 100 kg net of the product concerned

Additional duty per 100 kg net of the product concerned

1701 11 10 (1)

63,16

0,00

1701 11 90 (1)

63,16

0,00

1701 12 10 (1)

63,16

0,00

1701 12 90 (1)

63,16

0,00

1701 91 00 (2)

60,23

0,00

1701 99 10 (2)

60,23

0,00

1701 99 90 (2)

60,23

0,00

1702 90 95 (3)

0,60

0,17


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

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

(3)  Per 1 % sucrose content.


29.1.2011   

EN

Official Journal of the European Union

L 26/9


COMMISSION REGULATION (EU) No 71/2011

of 28 January 2011

on selling prices for cereals in response to the fifth individual invitations to tender within the tendering procedures opened by Regulation (EU) No 1017/2010

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 43(f), in conjunction with Article 4, thereof

Whereas:

(1)

Commission Regulation (EU) No 1017/2010 (2) has opened the sales of cereals by tendering procedures, in accordance with the conditions provided for in 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 (3).

(2)

In accordance with Article 46(1) of Regulation (EU) No 1272/2009 and Article 4 of Regulation (EU) No 1017/2010, in the light of the tenders received in response to individual invitations to tender, the Commission has to fix for each cereal and per Member State a minimum selling price or to decide not to fix a minimum selling price.

(3)

On the basis of the tenders received for the fifth individual invitations to tender, it has been decided that a minimum selling price should be fixed for the cereals and for the Member States.

(4)

In order to give a rapid signal to the market and to ensure efficient management of the measure, this Regulation should enter into force on the day of its publication in the Official Journal of the European Union.

(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,

HAS ADOPTED THIS REGULATION:

Article 1

For the fifth individual invitations to tender for selling of cereals within the tendering procedures opened by Regulation (EU) No 1017/2010, in respect of which the time limit for the submission of tenders expired on 26 January 2011, the decisions on the selling price per cereal and Member State are set out in the Annex to this Regulation.

Article 2

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

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

Done at Brussels, 28 January 2011.

For the Commission, On behalf of the President,

José Manuel SILVA RODRÍGUEZ

Director-General for Agriculture and Rural Development


(1)  OJ L 299, 16.11.2007, p. 1.

(2)  OJ L 293, 11.11.2010, p. 41.

(3)  OJ L 349, 29.12.2009, p. 1.


ANNEX

Decisions on sales

(EUR/tonne)

Member State

The minimum selling price

Common wheat

Barley

Maize

CN code 1001 90

CN code 1003 00

CN code 1005 90 00

Belgique/België

X

X

X

Bulgaria

X

X

X

Česká republika

X

185,51

X

Danmark

X

200,51

X

Deutschland

X

197,85

X

Eesti

X

X

X

Éire/Ireland

X

X

X

Elláda

X

X

X

España

X

X

X

France

X

o

X

Italia

X

X

X

Kýpros

X

X

X

Latvija

X

X

X

Lietuva

X

X

X

Luxembourg

X

X

X

Magyarország

X

X

X

Malta

X

X

X

Nederland

X

X

X

Österreich

X

X

X

Polska

X

X

X

Portugal

X

X

X

România

X

X

X

Slovenija

X

X

X

Slovensko

X

190,00

X

Suomi/Finland

X

178,02

X

Sverige

X

191,06

X

United Kingdom

X

198,01

X

(—)

no minimum selling price fixed (all offers rejected)

(°)

no offers

(X)

no cereals available for sales

(#)

not applicable


DIRECTIVES

29.1.2011   

EN

Official Journal of the European Union

L 26/11


COMMISSION DIRECTIVE 2011/8/EU

of 28 January 2011

amending Directive 2002/72/EC as regards the restriction of use of Bisphenol A in plastic infant feeding bottles

(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 1935/2004 of the European Parliament and of the Council of 27 October 2004 on materials and articles intended to come into contact with food and repealing Directives 80/590/EEC and 89/109/EEC (1), and in particular Article 18(3) thereof,

After consulting the European Food Safety Authority,

Whereas:

(1)

Commission Directive 2002/72/EC of 6 August 2002 relating to plastic materials and articles intended to come into contact with foodstuffs (2) authorises the use of 2,2-bis(4-hydroxyphenyl)propane, commonly known as Bisphenol A (hereinafter ‘BPA’), as monomer for the manufacture of plastic materials and articles intended to come into contact with foodstuffs in accordance with the opinions of the Scientific Committee on Food (hereinafter ‘SCF’) (3) and the European Food Safety Authority (hereinafter ‘the EFSA’) (4).

(2)

BPA is used as monomer in the manufacture of polycarbonate plastics. Polycarbonate plastics are used amongst others in the manufacture of infant feeding bottles. When heated under certain conditions small amounts of BPA can potentially leach out from food containers into foods and beverages and be ingested.

(3)

On 29 March 2010 the Danish Government informed the Commission and the Member States that it has decided to apply the safeguard measures provided for in Article 18 of Regulation (EC) No 1935/2004 and to temporarily ban the use of BPA for the manufacture of plastic materials in contact with food intended for children aged 0-3 (5).

(4)

The Danish Government substantiated its safeguard measure with a risk assessment provided on 22 March 2010 by the National Food Institute at the Technical University of Denmark (hereinafter ‘DTU Food’). The risk assessment covers the evaluation of a comprehensive study carried out on animals exposed to BPA in low doses monitoring the development of the nervous system and the behaviour in newborn rats. DTU Food has also evaluated whether the new data changes its previous evaluation of the toxic effects on the development of the nervous system and behaviour possibly caused by BPA.

(5)

In accordance with the procedure provided for in Article 18 of Regulation (EC) No 1935/2004 on 30 March 2010 the Commission asked the EFSA to give its opinion on the grounds adduced by Denmark for concluding that the use of the material endangers human health, although it complies with the relevant specific measures.

(6)

On 6 July 2010 the French Government informed the Commission, and on 9 July 2010 the Member States, that it has decided to apply the safeguard measures provided for in Article 18 of Regulation (EC) No 1935/2004 and to temporarily ban the manufacture, import, export and placing on the market of feeding bottles containing BPA (6).

(7)

The French Government substantiated its safeguard measure with two opinions issued by the French Food Safety Authority (AFSSA) on 29 January and 7 June 2010 and the report published on 3 June 2010 by the National Institute of Health and Medical Research (INSERM).

(8)

On 23 September 2010 the EFSA adopted the opinion of its Panel on food contact materials, enzymes, flavourings and processing aids (hereinafter ‘the Panel’) on BPA responding to the Commission’s request of 30 March 2010 as well as covering the evaluation of the specific neurobehavioural study evaluated in the Danish risk assessment and the review and evaluation of other recently published studies on BPA (7).

(9)

In its opinion the Panel concludes that based on the comprehensive evaluation of recent human and animal toxicity data, no new study could be identified, which would call for a revision of the current tolerable daily intake (hereinafter ‘TDI’) of 0,05 mg/kg bodyweight per day. This TDI is based on the no adverse effect level of 5 mg/kg bodyweight per day from a multi-generation reproductive toxicity study in rats, and the application of an uncertainty factor of 100, which is considered as conservative based on all information on BPA toxicokinetics. However, in a minority opinion one Member of the Panel concluded that the effects observed in certain studies raised uncertainties which may not be covered by the current TDI which should therefore be considered temporary until more robust data becomes available in the areas of uncertainty.

(10)

The Panel noted that some animal studies conducted on developing animals have suggested other BPA-related effects of possible toxicological relevance, in particular biochemical changes in brain, immune-modulatory effects and enhanced susceptibility to breast tumours. These studies have many shortcomings. The relevance of these findings in relation to human health cannot be assessed at present. In case any new relevant data becomes available in the future, the Panel will reconsider its opinion.

(11)

Infant formula or breast milk is the only source of nutrition for infants up to the age of 4 months, and it remains the major source of nutrition for some additional months. In its opinion of 2006 the EFSA concluded that infants aged 3 and 6 months fed using polycarbonate infant feeding bottles have the highest exposure to BPA, though below the TDI. For this group of infants the level of exposure to BPA decreases once feeding from polycarbonate bottles is phased out and other sources of nutrition become dominant.

(12)

Even if the infant has sufficient capacity to eliminate BPA at worst-case exposure the EFSA opinion pointed out that an infant’s system to eliminate BPA is not as developed as that of an adult and it only gradually reaches the adult capacity during the first 6 months.

(13)

The potential toxicological effects may have a higher impact in the developing organism. According to the opinions of the Scientific Committee on Food of 1997 (8) and 1998 (9) certain effects, in particular endocrine and reproductive effects, effects on the immune system and the neurodevelopment are of particular relevance to infants. Reproductive effects and neurodevelopmental effects of BPA have been studied extensively in standard multigeneration toxicological tests and in other studies, which took account of the developing organism and did not reveal effects in doses below the TDI. However, studies which could not be taken into account for setting the TDI due to many shortcomings showed BPA-related effects of possible toxicological relevance. These effects, in particular those on the biochemical changes in the brain, which may affect neurodevelopment, and on immune modulation are reflecting the area of particular concern for infants highlighted in the SCF opinions of 1997 and 1998. In addition, the EFSA opinion of 2010 mentions the enhancing effect of an early exposure to BPA on tumour formation later on in life when exposed to a carcinogen. Also in this case the sensitive stage is the developing organism. Thus the infant can be identified as the particular vulnerable part of the population as regards those findings for which the relevance for human health could not yet be fully assessed.

(14)

According to the EFSA opinion of 2006 polycarbonate feeding bottles is the main source of exposure to BPA for infants. Alternative materials to polycarbonate that do not contain BPA exist on the EU market, in particular glass and other plastic infant feeding bottles. These alternative materials have to comply with the strict safety requirements set out for food contact materials. Therefore, it is not necessary to continue the use of BPA-containing polycarbonate for infant feeding bottles.

(15)

Given that there exists a possible particular vulnerability of infants to potential effects of BPA, although also the infant is deemed to be able to eliminate BPA and even where the risk, notably to human health, has not yet been fully demonstrated, it is appropriate to reduce their exposure to BPA as much as reasonably achievable, until further scientific data is available to clarify the toxicological relevance of some observed effects of BPA, in particular as regards biochemical changes in brain, immune-modulatory effects and enhanced susceptibility to breast tumours.

(16)

The precautionary principle referred to in Article 7 of Regulation (EC) No 178/2002 of the European Parliament and of the Council of 28 January 2002 laying down the general principles and requirements of food law, establishing the European Food Safety Authority and laying down procedures in matters of food safety (10) allows the Union to provisionally adopt measures on the basis of available pertinent information, pending an additional assessment of risk and a review of the measure within a reasonable period of time.

(17)

Taking into account that there are uncertainties in the present state of scientific research with regard to the harmfulness of BPA exposure to infants (11) through polycarbonate infant feeding bottles that would need to be clarified, the Commission is entitled to take a preventive measure regarding the use of BPA in polycarbonate infant feeding bottles on the basis of the precautionary principle which is applicable in a situation in which there is scientific uncertainty, even if the risk, notably to human health, has not yet been fully demonstrated.

(18)

Thus, it is necessary and appropriate for the achievement of the basic objective of ensuring a high level of human health protection to obviate sources of danger to physical and mental health that may be caused to infants by BPA exposure through feeding bottles.

(19)

The Commission evaluated the infant feeding bottle market and received an indication by the relevant producers that voluntary action by the industry for replacements on the market are ongoing and the economic impact of the proposed measure is limited. Therefore, all BPA-containing infant feeding bottles on the EU market should be replaced by the middle of 2011.

(20)

Until further scientific data are available to clarify the toxicological relevance of some observed effects of BPA, in particular as regards biochemical changes in brain, immune-modulatory effects and enhanced susceptibility to breast tumours, the use of BPA in the manufacture and placing on the market of polycarbonate infant feeding bottles should be temporarily banned. Directive 2002/72/EC should therefore be amended accordingly. The Authority has a mandate to monitor new studies to clarify these endpoints.

(21)

Following the evaluation of the technical and economic feasibility to implement the proposed measure it is concluded that the measure is no more restrictive of trade than is required to achieve the high level of health protection chosen in the Union.

(22)

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

HAS ADOPTED THIS DIRECTIVE:

Article 1

In Annex II, Section A of Directive 2002/72/EC, the text in column 4 under the reference number 13480 as regards the monomer 2,2-bis(4-hydroxyphenyl)propane is replaced by the following:

‘SML (T) = 0,6 mg/kg. Not to be used for the manufacture of polycarbonate infant (12) feeding bottles

Article 2

1.   Member States shall adopt and publish, by 15 February 2011 at the latest, the laws, regulations and administrative provisions necessary to comply with this Directive. They shall forthwith communicate to the Commission the text of those provisions.

When Member States adopt the provisions referred to in paragraph 1, they shall contain a reference to this Directive or be accompanied by such a reference on the occasion of their official publication. Member States shall determine how such reference is to be made.

2.   Member States shall apply the provisions referred to in paragraph 1 in such a way as to prohibit from 1 March 2011 the manufacture of, and from 1 June 2011 the placing on the market and importation into the Union of, plastic materials and articles intended to come into contact with foodstuffs and which do not comply with this Directive.

3.   Member States shall communicate to the Commission the text of the main provisions of national law which they adopt in the field covered by this Directive.

Article 3

This Directive shall enter into force on 1 February 2011.

Article 4

This Directive is addressed to the Member States.

Done at Brussels, 28 January 2011.

For the Commission

The President

José Manuel BARROSO


(1)  OJ L 338, 13.11.2004, p. 4.

(2)  OJ L 220, 15.8.2002, p. 18.

(3)  Opinion of the Scientific Committee on Food on Bisphenol A, expressed on 17 April 2002. SCF/CS/PM/3936 Final, 3 May 2002. http://ec.europa.eu/food/fs/sc/scf/out128_en.pdf

(4)  Opinion of the Scientific Panel on Food Additives, Flavourings, Processing Aids and Materials in Contact with Food on a request from the Commission related to 2,2-BIS(4-HYDROXYPHENYL)PROPANE (Bisphenol A) Question number EFSA-Q-2005-100, Adopted on 29 November 2006, The EFSA Journal (2006) 428, p. 1. and Toxicokinetics of Bisphenol A, Scientific Opinion of the Panel on Food additives, Flavourings, Processing aids and Materials in Contact with Food (AFC) (Question No EFSA-Q-2008-382) Adopted on 9 July 2008, The EFSA Journal (2008) 759, p. 1.

(5)  Bekendtgørelse om ændring af bekendtgørelse om materialer og genstande bestemt til kontakt med fødevarer, Lovtidende A, Nr. 286, 27.3.2010.

(6)  LOI no 2010-729 du 30 juin 2010 tendant à suspendre la commercialisation de biberons produits à base de bisphénol A, JORF no 0150 du 1 juillet 2010, page 11857.

(7)  Scientific Opinion on Bisphenol A: evaluation of a study investigating its neurodevelopmental toxicity, review of recent scientific literature on its toxicity and advice on the Danish risk assessment of Bisphenol A EFSA Panel on food contact materials, enzymes, flavourings and processing aids (CEF) (Question Nos: EFSA-Q-2009-00864, EFSA-Q-2010-01023 and EFSA-Q-2010-00709) adopted on 23 September 2010, EFSA Journal 2010; 8(9):1829.

(8)  Opinion of the Scientific Committee for Food on: A maximum residue limit (MRL) of 0,01 mg/kg for pesticides in foods intended for infants and young children (expressed on 19 September 1997).

(9)  Further advice on the opinion of the Scientific Committee for Food expressed on 19 September 1997 on a Maximum Residue Limit (MRL) of 0,01 mg/kg for pesticides in foods intended for infants and young children (adopted by the SCF on 4 June 1998).

(10)  OJ L 31, 1.2.2002, p. 1.

(11)  As defined in Commission Directive 2006/141/EC (OJ L 401, 30.12.2006, p. 1).

(12)  Infant as defined in Directive 2006/141/EC (OJ L 401, 30.12.2006, p. 1).’


DECISIONS

29.1.2011   

EN

Official Journal of the European Union

L 26/15


COUNCIL DECISION

of 20 December 2010

amending Decision 2010/320/EU addressed to Greece with a view to reinforcing and deepening fiscal surveillance and giving notice to Greece to take measures for the deficit reduction judged necessary to remedy the situation of excessive deficit

(2011/57/EU)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union (TFEU), and in particular Article 126(9) and Article 136 thereof,

Having regard to the recommendation from the European Commission,

Whereas:

(1)

Article 136(1)(a) TFEU foresees the possibility of adopting measures specific to the Member States whose currency is the euro with a view to strengthening the coordination and surveillance of their budgetary discipline.

(2)

Article 126 TFEU establishes that Member States are to avoid excessive government deficits and sets out the excessive deficit procedure to that effect. The Stability and Growth Pact, which in its corrective arm implements the excessive deficit procedure, provides the framework supporting government policies for a prompt return to sound budgetary positions taking account of the economic situation.

(3)

On 27 April 2009, the Council decided, in accordance with Article 104(6) of the Treaty establishing the European Community that an excessive deficit existed in Greece.

(4)

On 10 May 2010, the Council adopted Decision 2010/320/EU (1) (hereinafter ‘the Decision’) addressed to Greece under Article 126(9) TFEU and Article 136 TFEU with a view to reinforcing and deepening fiscal surveillance and giving notice to Greece to take measures for the deficit reduction judged necessary to remedy the situation of excessive deficit at the latest by the deadline of 2014. The Council established the following path for the deficit correction: government deficit not exceeding EUR 18 508 million in 2010, EUR 17 065 million in 2011, EUR 14 916 million in 2012, EUR 11 399 million in 2013 and EUR 6 385 million in 2014.

(5)

According to the forecast available at the time the Council adopted the Decision, real GDP was expected to contract by 4 % in 2010 and 2,5 % in 2011, and recover afterwards, with growth rates of 1,1 % in 2012, and 2,1 % in 2013 and in 2014. GDP deflator was expected to be 1,2 %, – 0,5 %, 1,0 %, 0,7 % and 1,0 % for the years 2010 to 2014, respectively. Given economic developments, real GDP is now expected to contract by 4,25 % in 2010 and 3 % in 2011 and recover afterwards with growth rates of 1,1 % in 2012, and 2,1 % in 2013 and in 2014. GDP deflators are now expected to be 3,0 %, 1,5 %, 0,4 %, 0,8 % and 1,2 % for the years 2010 to 2014, respectively.

(6)

On 7 September 2010, the Council adopted Decision 2010/486/EU (2) amending the Decision.

(7)

On 15 November 2010 Eurostat validated the Greek government deficit and debt statistics, in accordance with Council Regulation (EC) No 479/2009 of 25 May 2009 on the application of the Protocol on the excessive deficit procedure annexed to the Treaty establishing the European Community (3). On that occasion, the deficit and debt series for the years 2006-2009 were revised upwards. The government deficit ratio-to-GDP for 2009 was revised from 13,6 % of GDP to 15,4 % of GDP, while the debt ratio was revised from 115,1 % of GDP to 126,8 % of GDP.

(8)

Greece has made good progress in the implementation of the measures required by the Decision, including the reduction of government deficit. However, the aforesaid revision in statistical series along with weak revenue collection and other problems with budgetary implementation, including the accumulation of payables, imply that the government deficit ceiling for 2010 will most likely be missed. This slippage will have to be fully offset in the course of 2011.

(9)

On 24 November 2010, Greece submitted to the Council and the Commission a report outlining the policy measures taken to comply with the Decision. The Commission assessed the report and concluded that Greece is satisfactorily complying with the Decision.

(10)

In light of the above considerations, it appears appropriate to amend the Decision in a number of respects, while keeping unchanged the deadline for the correction of the excessive deficit and the adjustment path for the government deficit and the increase of government debt in nominal terms,

HAS ADOPTED THIS DECISION:

Article 1

Decision 2010/320/EU is amended as follows:

(1)

in Article 1(3), the second sentence is replaced by the following:

‘Based on November 2010 GDP projections, the corresponding path for the debt-to-GDP ratio shall not exceed 143 % in 2010, 153 % in 2011, 157 % in 2012, 158 % in 2013 and 156 % in 2014.’;

(2)

in Article 2(3), point (b) is replaced by the following:

‘(b)

the implementation of legislation strengthening the fiscal framework. This should, in particular, include the establishment of a medium-term fiscal framework, the creation of a compulsory contingency reserve in the budget corresponding to 5 % of total appropriations of government departments, other than wages, pensions and interest, the creation of stronger expenditure monitoring mechanisms and the establishment of a budget office attached to Parliament;’;

(3)

in Article 2(3), point (g) is deleted;

(4)

in Article 2(3), point (k) is replaced by the following:

‘(k)

a better management of public assets, with the aim of raising at least EUR 7 billion during the period 2011-2013, of which at least EUR 1 billion in 2011 and proceeds from the sale of assets (real estate and financial assets) shall be used to redeem debt and will not reduce the fiscal consolidation efforts to comply with the deficit ceilings in Article 1(2);’;

(5)

in Article 2(3), point (m) is replaced by the following:

‘(m)

a decree disallowing local governments to run deficits at least until 2014; reduction in transfers to local government in line with planned savings and transfers of competences;’;

(6)

in Article 2(3), point (o) is replaced by the following:

‘(o)

implementation of a uniform e-prescribing system; publication of the complete price list for the medicines in the market; application of the list of non-reimbursed medicines and of the list of over-the-counter medicines; publication of the new list of reimbursed medicines using the new reference price system; the use of the information made available through e-prescribing and scanning for the collection of rebates from pharmaceutical companies; introduction of a monitoring mechanism allowing for pharmaceutical expenditure to be assessed on a monthly basis; enforcement of co-payments for regular outpatient services of EUR 5 and extension of co-payments to unwarranted visits to emergency departments; publication of audited accounts for hospitals and health centres; and creation of an independent taskforce of health policy experts whose task is to produce, by end May 2011, a detailed report for an overall reform of the health system aimed at improving efficiency and effectiveness in the health system;’;

(7)

in Article 2(3), point (p) is deleted;

(8)

in Article 2(3), the following points are added:

‘(q)

further reduction in operational expenditure by at least 5 % yielding savings of at least EUR 100 million;

(r)

further reduction in transfers yielding savings for the government as a whole of at least EUR 100 million. The beneficiary public entities will ensure the concomitant reduction in expenditure so that there is no accumulation of arrears;

(s)

means-testing of family allowances from January 2011 on yielding savings of at least EUR 150 million (net of the respective administrative costs);

(t)

reduction in the purchase of military equipment (deliveries) by at least EUR 500 million compared to the actual 2010 level;

(u)

reduction in pharmaceutical expenditure by social security funds by EUR 900 million owing to an additional reduction in drug prices and new procurement procedures and by hospitals (also including expenditure in equipment) by at least EUR 350 million;

(v)

changes in the management, pricing and wages of public enterprises yielding savings of at least EUR 800 million;

(w)

equalisation of taxation on heating oil and diesel oil after 15 October 2011, with the aim of fighting fraud and yielding at least EUR 400 million in 2011 net of specific measures to protect the less prosperous population strata;

(x)

increase in the reduced rates of VAT from 5,5 % to 6,5 % and from 11 % to 13 %, yielding at least EUR 880 million and reduction in the VAT rate applicable to medicines and hotel accommodation from 11 % to 6,5 % with a cost not exceeding EUR 250 million, net of savings for social security funds and hospitals that result from the lower VAT rate on medicines;

(y)

intensification of the fight against smuggling on fuel (at least EUR 190 million);

(z)

increase in court trial fees (at least EUR 100 million);

(aa)

implementation of an action plan to accelerate the collection of tax arrears (at least EUR 200 million);

(bb)

speeding up tax penalty collection (at least EUR 400 million);

(cc)

collection of revenue that results from the new framework of tax disputes and trials (at least EUR 300 million);

(dd)

revenue from the renewal of telecommunication licences that are about to expire (at least EUR 350 million);

(ee)

revenue from concessions (at least EUR 250 million);

(ff)

a restructuring plan for the Athens transportation network (OASA). The objective of the plan shall be to reduce operational losses of the company and make it economically viable. The plan shall include cuts in operational expenditure of the company and tariff increases. The required actions shall be implemented by March 2011;

(gg)

an act that limits recruitment in the whole general government to a ratio of not more than one recruitment for five retirements or dismissals, without sectoral exceptions, and including staff transferred from public enterprises under restructuring to government entities;

(hh)

acts to strengthen labour market institution and establish that: firm-level agreements prevail over those under sector and occupational agreements without undue restrictions; firm-level collective agreements are not restricted by requirements regarding the minimum size of firms; the extension of sector and occupational agreements to parties not represented in negotiations is eliminated; the probationary period for new jobs is extended; temporal limits in the use of temporary working agencies are eliminated; impediments for greater use of fixed-term contracts are removed; the provision that establishes higher hourly remuneration to part-time workers is eliminated; and a more flexible working-time management including part-time shift work is allowed for.’;

(9)

in Article 2(4), point (a) is deleted;

(10)

in Article 2(4), the following points are added:

‘(c)

clearance of arrears accumulated in previous years;

(d)

a multiannual plan of structural fiscal consolidation including measures of at least 5 % of GDP that will ensure the deficit targets up to 2014;

(e)

an anti-evasion plan which includes quantitative performance indicators to hold revenue administration accountable; legislation to streamline the administrative tax dispute and judicial appeal processes and the required acts and procedures to better address misconduct, corruption and poor performance of tax officials, including prosecution in cases of breach of duty;

(f)

a detailed action plan with a timeline to complete and implement the simplified remuneration system;

(g)

improvement in the accounting and billing systems of hospitals, through: finalising the introduction of double-entry accrual accounting systems in all hospitals; the use of the uniform coding system and a common registry for medical supplies; the calculation of stocks and flows of medical supplies in all the hospitals using the uniform coding system for medical supplies; the collection of co-payments from patients in all National Health System facilities; and the timely invoicing of treatment costs (no later than 2 months) to Greek social security funds, other Member States and private health insurers; and ensure that at least 50 % of the volume of medicines used by public hospitals by the end of 2011 is composed of generics and off-patent medicines by making it compulsory for all public hospitals to procure pharmaceutical products by active substance;

(h)

with the aim of fighting waste and mismanagement in state-owned companies and yield fiscal savings of at least EUR 800 million, Greece shall adopt an act by the end February 2011 that: cuts primary remuneration in public enterprises by at least 10 % at company level; limits secondary remuneration to 10 % of primary remuneration; establishes a ceiling of EUR 4 000 per month for gross earnings (12 payments per year); increases urban transport tariffs by at least 30 %; increases other tariffs; establishes actions that reduce operational expenditure in public companies between 15 % to 25 %; and adopts an act for the restructuring of the OASA by March 2011;

(i)

a new regulatory framework to facilitate the conclusion of concession agreements for regional airports;

(j)

establishment of an independent taskforce of education policy aiming at increasing the efficiency of the public education system (primary, secondary and higher education) and reach a more efficient use of resources;

(k)

adoption of a law to establish the Single Public Procurement Authority in line with the Action Plan.’;

(11)

in Article 2(5), point (b) is replaced by the following:

‘(b)

assessment of the results of the first phase of the independent functional review of central administration, including the operational policy recommendations and completion of the review of existing social programmes;’;

(12)

in point (d) of Article 2(5), the years ‘2010-2060’ are replaced by the years ‘2009-2060’;

(13)

in Article 2(5), the following point is added:

‘(h)

further promotion of the use of generic medicines through compulsory e-prescription by active substance.’;

(14)

in Article 2(6), point (a) is replaced by the following:

‘(a)

the inclusion in the draft budget for 2012 of fiscal consolidation measures amounting to at least 2,2 % of GDP. The budget shall, in particular, include the following measures (or in exceptional circumstances, measures yielding comparable savings): further broaden the VAT base by moving goods and services from a reduced to a normal rate (with the aim of collecting at least an additional EUR 300 million); reduce public employment in addition to the rule of one recruitment for every five retirements in the public sector (with the aim of saving at least EUR 600 million); establish excise duties for non-alcoholic beverages (for a total amount of at least EUR 300 million); expand the real estate tax by updating asset values (in order to create at least EUR 200 million in extra revenue); reorganise sub-central governments (aiming at generating at least EUR 500 million in savings); introduce a nominal freeze on pensions; increase efficiency of the presumptive taxation of professionals (with the aim of collecting at least EUR 100 million); reduce transfers to public undertakings (by at least EUR 800 million) following their restructuring; make unemployment benefits means-tested (with the aim of saving EUR 500 million); and collect further revenues from the licensing of gaming (at least EUR 225 million in the sale of licences and EUR 400 million in royalties);’;

(15)

in Article 2(7), point (c) is deleted;

(16)

in Article 2(7), the following points are added:

‘(d)

a hospital case-based costing system to be used for budgeting purposes from 2013 on;

(e)

acts to implement the operational recommendations of the first phase of the functional review of public administration at central level and of the full review of existing social programmes;

(f)

the Single Public Procurement Authority starts its operations with the necessary resources to fulfil its mandate, objectives, competences and powers as defined in the Action Plan.’.

Article 2

This Decision shall take effect on the day of its notification.

Article 3

This Decision is addressed to the Hellenic Republic.

Done at Brussels, 20 December 2010.

For the Council

The President

J. SCHAUVLIEGE


(1)  OJ L 145, 11.6.2010, p. 6.

(2)  OJ L 241, 14.9.2010, p. 12.

(3)  OJ L 145, 10.6.2009, p. 1.