8.4.2011

Official Journal of the European Union

L 94/1

COUNCIL DECISION

of 31 March 2011

establishing the position to be taken by the European Union within the International Sugar Council as regards the extension of the International Sugar Agreement 1992

(2011/223/EU)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union, and in particular Article 207, in conjunction with Article 218(9), thereof,

Having regard to the proposal from the European Commission,

Whereas the International Sugar Agreement 1992, which was concluded on behalf of the Community by the Council through Decision 92/580/EEC (1), initially remained in force until 31 December 1995. Since then, it was regularly extended for successive periods of 2 years. It was last extended by a decision of the International Sugar Council of 28 May 2009 and it shall remain in force until 31 December 2011. A further extension is in the interest of the Union. The Commission, which represents the Union within the International Sugar Council, should therefore be authorised to vote in favour of such extension,

HAS ADOPTED THIS DECISION:

Article 1

The position to be taken by the Union within the International Sugar Council shall be to vote in favour of the extension of the International Sugar Agreement 1992 for a further period of up to 2 years.

The Commission is hereby authorised to express this position within the International Sugar Council.

Article 2

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

Done at Brussels, 31 March 2011.

For the Council

The President

VÖLNER P.

(1) OJ L 379, 23.12.1992, p. 15.

8.4.2011

Official Journal of the European Union

L 94/2

COUNCIL REGULATION (EU) No 333/2011

of 31 March 2011

establishing criteria determining when certain types of scrap metal cease to be waste under Directive 2008/98/EC of the European Parliament and of the Council

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union,

Having regard to Directive 2008/98/EC of the European Parliament and of the Council of 19 November 2008 on waste and repealing certain Directives (1) and in particular Article 6(2) thereof,

Having regard to the proposal from the European Commission,

After submission of the proposed measures to the European Parliament,

Whereas:

(1)

It results from an evaluation of several waste streams that recycling markets for scrap metal would benefit from the development of specific criteria determining when scrap metal obtained from waste ceases to be waste. Those criteria should ensure a high level of environmental protection. They should be without prejudice to the classification of scrap metal as waste by third countries.

(2)

Reports of the Joint Research Centre of the European Commission have shown that a market and demand exist for iron, steel and aluminium scrap to be used as feedstock in steel works, foundries, aluminium refiners and remelters for the production of metals. Iron, steel and aluminium scrap should therefore be sufficiently pure and meet the relevant scrap standards or specifications required by the metal producing industry.

(3)

The criteria determining when iron, steel and aluminium scrap cease to be waste should ensure that iron, steel and aluminium scrap resulting from a recovery operation meet the technical requirements of the metal producing industry, comply with existing legislation and standards applicable to products and do not lead to overall adverse environmental or human health impacts. Reports of the Joint Research Centre of the European Commission have shown that the proposed criteria on the waste used as input in the recovery operation, on the treatment processes and techniques, as well as on the scrap metal resulting from the recovery operation, fulfil those objectives since they should result in the production of iron, steel and aluminium scrap devoid of hazardous properties and sufficiently free of non-metallic compounds.

(4)	In order to ensure compliance with the criteria, it is appropriate to provide that information on scrap metal which has ceased to be waste is issued and that a quality management system is implemented.

(5)

A review of the criteria may prove necessary if, on the basis of a monitoring of the development of market conditions for iron and steel scrap and aluminium scrap, adverse effects on recycling markets for iron and steel scrap and aluminium scrap are noted, in particular with regard to the availability of, and access to, such scrap.

(6)	In order to allow operators to adapt to the criteria determining when scrap metal ceases to be waste, it is appropriate to provide for a reasonable period to elapse before this Regulation applies.

(7)	The Committee established by Article 39(1) of Directive 2008/98/EC has not delivered an opinion on the measures provided for in this Regulation and the Commission therefore submitted to the Council a proposal relating to the measures and forwarded it to the European Parliament.

(8)	The European Parliament has not opposed the proposed measures,

HAS ADOPTED THIS REGULATION:

Article 1

Subject matter

This Regulation establishes criteria determining when iron, steel and aluminium scrap, including aluminium alloy scrap, cease to be waste.

Article 2

Definitions

For the purposes of this Regulation, the definitions set out in Directive 2008/98/EC shall apply.

In addition, the following definitions shall apply:

(a)	‘iron and steel scrap’ means scrap metal which consists mainly of iron and steel;

(b)	‘aluminium scrap’ means scrap metal which consists mainly of aluminium and aluminium alloy;

(c)	‘holder’ means the natural or legal person who is in possession of scrap metal;

(d)	‘producer’ means the holder who transfers scrap metal to another holder for the first time as scrap metal which has ceased to be waste;

(e)	‘importer’ means any natural or legal person established within the Union who introduces scrap metal which has ceased to be waste into the customs territory of the Union;

(f)	‘qualified staff’ means staff which is qualified by experience or training to monitor and assess the properties of scrap metal;

(g)	‘visual inspection’ means inspection of scrap metal covering all parts of a consignment and using human senses or any non-specialised equipment;

(h)	‘consignment’ means a batch of scrap metal which is intended for delivery from a producer to another holder and may be contained in either one or several transport units, such as containers.

Article 3

Criteria for iron and steel scrap

Iron and steel scrap shall cease to be waste where, upon transfer from the producer to another holder, all of the following conditions are fulfilled:

(a)	the waste used as input for the recovery operation complies with the criteria set out in Section 2 of Annex I;

(b)	the waste used as input for the recovery operation has been treated in accordance with the criteria set out in Section 3 of Annex I;

(c)	the iron and steel scrap resulting from the recovery operation complies with the criteria set out in Section 1 of Annex I;

(d)	the producer has satisfied the requirements set out in Articles 5 and 6.

Article 4

Criteria for aluminium scrap

Aluminium scrap, including aluminium alloy scrap, shall cease to be waste where, upon transfer from the producer to another holder, all of the following conditions are fulfilled:

(a)	the waste used as input in the recovery operation complies with the criteria set out in Section 2 of Annex II;

(b)	the waste used as input in the recovery operation has been treated in accordance with the criteria set out in Section 3 of Annex II;

(c)	the aluminium scrap resulting from the recovery operation complies with the criteria set out in Section 1 of Annex II;

(d)	the producer has satisfied the requirements set out in Articles 5 and 6.

Article 5

Statement of conformity

1. The producer or the importer shall issue, for each consignment of scrap metal, a statement of conformity in accordance with the model set out in Annex III.

2. The producer or the importer shall transmit the statement of conformity to the next holder of the scrap metal consignment. The producer or the importer shall retain a copy of the statement of conformity for at least 1 year after its date of issue and shall make it available to competent authorities upon request.

3. The statement of conformity may be in electronic form.

Article 6

Quality management

1. The producer shall implement a quality management system suitable to demonstrate compliance with the criteria referred to in Articles 3 and 4, respectively.

2. The quality management system shall include a set of documented procedures concerning each of the following aspects:

(a)	acceptance control of waste used as input for the recovery operation as set out in Section 2 of Annexes I and II;

(b)	monitoring of the treatment processes and techniques described in Section 3.3 of Annexes I and II;

(c)	monitoring of the quality of scrap metal resulting from the recovery operation as set out in Section 1 of Annexes I and II (including sampling and analysis);

(d)	effectiveness of the radiation monitoring as set out in Section 1.5 of Annexes I and II, respectively;

(e)	feedback from customers concerning compliance with scrap metal quality;

(f)	record keeping of the results of monitoring conducted under points (a) to (d);

(g)	review and improvement of the quality management system;

(h)	training of staff.

3. The quality management system shall also prescribe the specific monitoring requirements set out in Annexes I and II for each criterion.

4. Where any of the treatments referred to in Section 3.3 of Annex I or Section 3.3 of Annex II are carried out by a prior holder, the producer shall ensure that the supplier implement a quality management system which complies with the requirements of this Article.

5. A conformity assessment body, as defined in Regulation (EC) No 765/2008 of the European Parliament and of the Council of 9 July 2008 setting out the requirements for accreditation and market surveillance relating to the marketing of products (2), which has obtained accreditation in accordance with that Regulation, or any other environmental verifier as defined in Article 2(20)(b) of Regulation (EC) No 1221/2009 of the European Parliament and of the Council of 25 November 2009 on the voluntary participation by organisations in a Community eco-management and audit scheme (EMAS) (3) shall verify that the quality management system complies with the requirements of this Article. The verification should be carried out every 3 years.

6. The importer shall require his suppliers to implement a quality management system which complies with the requirements of paragraphs 1, 2 and 3 of this Article and has been verified by an independent external verifier.

7. The producer shall give competent authorities access to the quality management system upon request.

Article 7

Entry into force

This Regulation shall enter into force on the 20th day following its publication in the Official Journal of the European Union.

It shall apply from 9 October 2011.

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

Done at Brussels, 31 March 2011.

For the Council

The President

VÖLNER P.

(1) OJ L 312, 22.11.2008, p. 3.

(2) OJ L 218, 13.8.2008, p. 30.

(3) OJ L 342, 22.12.2009, p. 1.

ANNEX I

Criteria for iron and steel scrap

Criteria

Self-monitoring requirements

1. Quality of scrap resulting from the recovery operation

1.1.	The scrap shall be graded according to a customer specification, an industry specification or a standard for direct use in the production of metal substances or objects by steel works or foundries.

Qualified staff shall grade each consignment.

1.2.

The total amount of foreign materials (steriles) shall be ≤ 2 % by weight.

Foreign materials are:

(1)	non-ferrous metals (excluding alloying elements in any ferrous metal substrate) and non-metallic materials such as earth, dust, insulation and glass;

(2)	combustible non-metallic materials such as rubber, plastic, fabric, wood and other chemical or organic substances;

(3)	larger pieces (brick-size) which are non-conductors of electricity such as tyres, pipes filled with cement, wood or concrete;

(4)	residues arising from steel melting, heating, surface conditioning (including scarfing), grinding, sawing, welding and torch cutting operations, such as slag, mill scale, baghouse dust, grinder dust, sludge.

Qualified staff shall carry out a visual inspection of each consignment.

At appropriate intervals (at least every 6 months), representative samples of foreign materials shall be analysed by weighing after magnetic or manual (as appropriate) separation of iron and steel particles and objects under careful visual inspection.

The appropriate frequencies of monitoring by sampling shall be established taking into account the following factors:

(1)	the expected pattern of variability (for example as shown by historical results);

(2)	the inherent risk of variability in the quality of waste used as input for the recovery operation and any subsequent processing;

(3)	the inherent precision of the monitoring method; and

(4)	the proximity of results to the limitation of the foreign materials’ content to a maximum of 2 % per weight.

The process of determining monitoring frequencies should be documented as part of the quality management system and should be available for auditing.

1.3.	The scrap shall not contain excessive ferrous oxide in any form, except for typical amounts arising from outside storage of prepared scrap under normal atmospheric conditions.

Qualified staff shall carry out a visual inspection for the presence of oxides.

1.4.	Scrap shall be free of visible oil, oily emulsions, lubricants or grease except negligible amounts that will not lead to any dripping.

Qualified staff shall carry out a visual inspection of each consignment, paying particular attention to those parts where oil is most likely to drip.

1.5.

Radioactivity: there is no need for response action according to national or international rules on monitoring and response procedures for radioactive scrap metal.

This requirement is without prejudice to the basic standards on the health protection of workers and members of the public adopted in acts falling under Chapter III of the Euratom Treaty, in particular Directive 96/29/Euratom (1).

Qualified staff shall monitor the radioactivity of each consignment.

Each consignment of scrap shall be accompanied by a certificate established in accordance with national or international rules on monitoring and response procedures for radioactive scrap metal. The certificate may be included in other documentation accompanying the consignment.

1.6.

The scrap shall not display any of the hazardous properties listed in Annex III to Directive 2008/98/EC. The scrap shall comply with the concentration limits laid down in Decision 2000/532/EC (2) and shall not exceed the concentration limits laid down in Annex IV to Regulation (EC) No 850/2004 (3).

Properties of individual elements included in iron and steel alloys are not relevant for this requirement.

Qualified staff shall carry out a visual inspection of each consignment. Where visual inspection raises any suspicion of possible hazardous properties, further appropriate monitoring measures shall be taken, such as sampling and testing where appropriate.

The staff shall be trained on potential hazardous properties that may be associated with iron and steel scrap and on material components or features that allow hazardous properties to be recognised.

The procedure for recognising hazardous materials shall be documented under the quality management system.

1.7.	The scrap shall not contain any pressurised, closed or insufficiently open containers that could cause an explosion in a metalwork furnace.

Qualified staff shall carry out a visual inspection of each consignment.

2. Waste used as input for the recovery operation

2.1.	Only waste containing recoverable iron or steel may be used as input.

2.2.	Hazardous waste shall not be used as an input except where proof is provided that the processes and techniques specified in Section 3 of this Annex to remove all hazardous properties have been applied.

2.3.

The following waste shall not be used as an input:

(a)	filings and turnings that contain fluids such as oil or oily emulsions; and

(b)	barrels and containers, except equipment from end-of-life vehicles, which contain or have contained oil or paints.

Acceptance control of all waste received (by visual inspection) and of the accompanying documentation shall be carried out by qualified staff which is trained on how to recognise waste that does not meet the criteria set out in this Section.

3. Treatment processes and techniques

3.1.	The iron or steel scrap shall have been segregated at source or while collecting and shall have been kept separate or the input waste shall have been treated to separate the iron and steel scrap from the non-metal and non-ferrous components.

3.2.	All mechanical treatments (like cutting, shearing, shredding or granulating; sorting, separating, cleaning, de-polluting, emptying) needed to prepare the scrap metal for direct input into final use in steel works and foundries shall have been completed.

3.3.

For waste containing hazardous components, the following specific requirements shall apply:

(a)

input materials that originate from waste electrical or electronic equipment or from end-of-life vehicles shall have undergone all treatments required by Article 6 of Directive 2002/96/EC of the European Parliament and of the Council (4) and by Article 6 of Directive 2000/53/EC of the European Parliament and of the Council (5);

(b)	chlorofluorocarbons in discarded equipment shall have been captured in a process approved by the competent authorities;

(c)	cables shall have been stripped or chopped. If a cable contains organic coatings (plastics), the organic coatings shall have been removed in accordance with the best available techniques;

(d)	barrels and containers shall have been emptied and cleaned, and

(e)	hazardous substances in waste that is not mentioned in point (a) shall have been efficiently removed in a process which is approved by the competent authority.

(1) Council Directive 96/29/Euratom of 13 May 1996 laying down basic safety standards for the protection of the health of workers and the general public against the dangers arising from ionizing radiation (OJ L 159, 29.6.1996, p. 1).

(2) Commission Decision 2000/532/EC of 3 May 2000 replacing Decision 94/3/EC establishing a list of wastes pursuant to Article 1(a) of Council Directive 75/442/EEC on waste and Council Decision 94/904/EC establishing a list of hazardous waste pursuant to Article 1(4) of Council Directive 91/689/EEC on hazardous waste (OJ L 226, 6.9.2000, p. 3).

(3) Regulation (EC) No 850/2004 of the European Parliament and of the Council of 29 April 2004 on persistent organic pollutants (OJ L 158, 30.4.2004, p. 7).

(4) OJ L 37, 13.2.2003, p. 24.

(5) OJ L 269, 21.10.2000, p. 34.

ANNEX II

Criteria for aluminium scrap

Criteria

Self-monitoring requirements

1. Scrap quality

1.1.	The scrap shall be graded in accordance with a customer specification, an industry specification or a standard for direct use in the production of metal substance or objects by refining or re-melting.

Qualified staff shall grade each consignment.

1.2.

The total amount of foreign materials shall be ≤ 5 % by weight or the metal yield shall be ≥ 90 %;

Foreign materials are:

(1)	metals other than aluminium and aluminium alloys;

(2)	non-metallic materials such as earth, dust, insulation materials and glass;

(3)	combustible non-metallic materials such as rubber, plastic, fabric, wood and other chemical or organic substances;

(4)	larger pieces (brick-size) which are non-conductors of electricity such as tyres, pipes filled with cement, wood or concrete; or

(5)	residues arising from the melting of aluminium and aluminium alloys, heating, surface conditioning (including scarfing), grinding, sawing, welding and torch cutting operations such as slag, dross, skimmings, baghouse dust, grinder dust, sludge.

The producer of the aluminium scrap shall check compliance by monitoring the amount of foreign materials or by determining the metal yield.

Qualified staff shall carry out visual inspection of each consignment.

At appropriate intervals (at least every 6 months), representative samples of each grade of aluminium scrap shall be analysed to measure the total amount of foreign materials or the metal yield.

The representative samples shall be obtained in accordance with the sampling procedures described in standard EN 13920 (1).

The total amount of foreign materials shall be measured by weight after separating aluminium metallic particles and objects from particles and objects consisting of foreign materials by hand sorting or other means of separation (such as by magnet or by using density as a basis).

Metal yield shall be measured in accordance with the following procedure:

(1)	determination of mass (m1) after removal and determination of moisture (in accordance with point 7.1 of the EN 13920-1:2002 standard);

(2)	removal and determination of free iron (in accordance with point 7.2 of the EN 13920-1:2002 standard);

(3)	determination of the mass of the metal after melting and solidifying (m2) following the procedure for the determination of the metal yield in accordance with point 7.3 of the EN 13920-1:2002 standard;

(4)	calculation of the metal yield m [%] = (m2/m1) × 100.

The appropriate frequencies of analysis of representative samples shall be established taking into account the following factors:

(1)	the expected pattern of variability (such as shown by historical results);

(2)	the inherent risk of variability in the quality of waste used as input for the recovery operation and in the performance of the treatment processes;

(3)	the inherent precision of the monitoring method; and

(4)	the proximity of results to the limit values for the total amount of foreign materials or the metal yield.

1.3.	The scrap shall not contain polyvinyl chloride (PVC) in form of coatings, paints, plastics.

Qualified staff shall carry out a visual inspection of each consignment.

1.4.	The Scrap shall be free of visible oil, oily emulsions, lubricants or grease except negligible amounts that will not lead to any dripping.

Qualified staff shall carry out a visual inspection of each consignment, paying particular attention to those parts where oil is most likely to drip.

1.5.

Radioactivity: there is no need for response action according to national or international rules on monitoring and response procedures for radioactive scrap metal.

Qualified staff shall monitor the radioactivity of each consignment. Each consignment of scrap shall be accompanied by a certificate established in accordance with national or international rules on monitoring and response procedures for radioactive scrap metal. The certificate may be included in other documentation accompanying the consignment.

1.6.

The scrap shall not display any of the hazardous properties listed in Annex III to Directive 2008/98/EC. The scrap shall comply with the concentration limits laid down in Commission Decision 2000/532/EC (3) and shall not exceed the concentration limits laid down in Annex IV to Regulation (EC) No 850/2004 (4).

Properties of individual elements included in aluminium alloys are not relevant for this requirement.

Staff shall be trained on potential hazardous properties that may be associated with aluminium scrap and on material components or features that allow hazardous properties to be recognised.

The procedure for recognising hazardous materials shall be documented under the quality management system.

1.7.	The scrap shall not contain any pressurised, closed or insufficiently open containers that could cause an explosion in a metalwork furnace.

Qualified staff shall carry out a visual inspection of each consignment.

2. Waste used as input in the recovery operation

2.1.	Only waste that contained recoverable aluminium or aluminium alloys may be used as input.

2.2.	Hazardous waste shall not be used as an input except where proof is provided that the processes and techniques specified under Section 3 of this Annex to remove all hazardous properties have been applied.

2.3.

The following waste shall not be used as an input:

(a)	filings and turnings that contain fluids such as oil or oily emulsions; and

(b)	barrels and containers, except equipment from end-of-life vehicles, which contain or have contained oil or paints.

3. Treatment processes and techniques

3.1.	The aluminium scrap shall have been segregated at source or while being collected and shall have been kept separate or the input waste shall have been treated to separate the aluminium scrap from the non-metal and non-aluminium metal components.

3.2.	All mechanical treatments (like cutting, shearing, shredding or granulating; sorting, separating, cleaning, de-polluting, emptying) needed to prepare the scrap metal for direct input into final use shall have been completed.

3.3.

For waste containing hazardous components the following specific requirements shall apply:

(a)

input materials that originate from waste electrical or electronic equipment and end-of-life vehicles shall have undergone all treatments required by Article 6 of Directive 2002/96/EC of the European Parliament and of the Council (5) and Article 6 of Directive 2000/53/EC of the European Parliament and of the Council (6);

(b)	chlorofluorocarbons in discarded equipment shall have been captured in an process approved by the competent authorities;

(c)	cables shall have been stripped or chopped. If a cable contains organic coatings (plastics), the organic coatings shall have been removed in accordance with the best available techniques;

(d)	barrels and containers shall have been emptied and cleaned;

(e)	hazardous substances in waste not mentioned in point (a) shall have been efficiently removed in a process which is approved by the competent authority.

(1) EN 13920-1:2002; Aluminium and aluminium alloys – Scrap- Part 1: General requirements, sampling and tests; CEN 2002.

(2) OJ L 159, 29.6.1996, p. 1.

(3) OJ L 226, 6.9.2000, p. 3.

(4) OJ L 229, 30.4.2004, p. 1.

(5) OJ L 37, 13.2.2003, p. 24.

(6) OJ L 269, 21.10.2000, p. 34.

ANNEX III

Statement of Conformity with the end-of-waste criteria referred to in Article 5(1)

Producer/importer of scrap metal:

Name:

Address:

Contact person:

Tel.

Fax

E-mail:

(a)	name or code of the scrap metal category, in accordance with an industry specification or standard:

(b)	where relevant, main technical provisions of a customer specification, such as composition, size, type and properties:

The scrap metal consignment complies with the specification or standard referred to in point 2:

Quantity of the consignment in tonnes:

A radioactivity test certificate has been established in accordance with national or international rules on monitoring and response procedures for radioactive scrap metal:

The producer of scrap metal applies a quality management system complying with Article 6 of Regulation (EU) No 333/2011 (1), which has been verified by an accredited verifier or, where scrap metal which has ceased to be waste is imported into the customs territory of the Union, by an independent verifier:

The scrap metal consignment meets the criteria referred to in points (a) to (c) of Articles 3 and 4 of Regulation (EU) No 333/2011 (1):

Declaration of the producer/importer of scrap metal: I certify that the above information is complete and correct to my best knowledge.

Name:

Date:

Signature:

(1) Council Regulation (EU) No 333/2011 of 31 March 2011 establishing criteria determining when certain types of scrap metal cease to be waste under Directive 2008/98/EC of the European Parliament and of the Council (OJ L 94, 8.4.2011, p. 2).

8.4.2011

Official Journal of the European Union

L 94/12

COMMISSION REGULATION (EU) No 334/2011

of 7 April 2011

amending Regulation (EU) No 185/2010 laying down detailed measures for the implementation of the common basic standards on aviation security

(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 300/2008 of the European Parliament and the Council of 11 March 2008 establishing common rules in the field of civil aviation security and repealing Regulation (EC) No 2320/2002 (1) and in particular Article 4(3) thereof,

Whereas:

(1)	The restrictions on liquids, aerosols and gels carried by passengers arriving on flights from third countries and transferring at Union airports create certain operational difficulties at those airports and cause inconvenience to the passengers concerned.

(2)

Commission Regulation (EU) No 358/2010 of 23 April 2010 amending Regulation (EU) No 185/2010 of 4 March 2010 laying down detailed measures for the implementation of the common basic standards on aviation security (2) provides for exemptions to permit the carriage by passengers of liquids, aerosols and gels obtained at certain airports situated in third countries. Those exemptions expire on 29 April 2011.

(3)

Those exemptions have facilitated operations and convenience as regards transfer passengers carrying liquids, aerosols and gels arriving on flights from third countries and transferring at Union airports, whilst maintaining a high level of aviation security. Provided that the conditions under which those exemptions were granted continue to be met at those airports in third countries, those benefits should be retained.

(4)	Commission Regulation (EU) No 185/2010 of 4 March 2010 laying down detailed measures for the implementation of the common basic standards on aviation security (3) should therefore be amended accordingly.

(5)	The measures provided for in this Regulation are in accordance with the opinion of the Committee for Civil Aviation Security set up by Article 19(1) of Regulation (EC) No 300/2008,

HAS ADOPTED THIS REGULATION:

Article 1

The Annex to Regulation (EU) No 185/2010 is amended as set out in the Annex to this Regulation.

Article 2

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

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

Done at Brussels, 7 April 2011.

For the Commission

The President

José Manuel BARROSO

(1) OJ L 97, 9.4.2008, p. 72.

(2) OJ L 105, 27.4.2010, p. 12.

(3) OJ L 55, 5.3.2010, p. 1.

ANNEX

In the Annex to Regulation (EU) No 185/2010, Chapter 4, point 4.1.3.4(g) is replaced by the following:

‘(g)

obtained at an airport situated in a third country listed in Attachment 4-D, on condition that the LAG is packed in a STEB inside which satisfactory proof of purchase at airside at that airport within the preceding 36 hours is displayed. The exemptions provided for in this point shall expire on 29 April 2013.’.

8.4.2011

Official Journal of the European Union

L 94/14

COMMISSION REGULATION (EU) No 335/2011

of 7 April 2011

amending Regulation (EC) No 1091/2009 as regards the minimum content of the enzyme preparation of endo-1,4-beta-xylanase produced by Trichoderma reesei (MUCL 49755) and endo-1,3(4)-beta-glucanase produced by Trichoderma reesei (MUCL 49754) as a feed additive in feed for chickens for fattening

(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 1831/2003 of the European Parliament and of the Council of 22 September 2003 on additives for use in animal nutrition (1), and in particular Article 13(3) thereof,

Whereas:

(1)

The use of endo-1,4-beta-xylanase produced by Trichoderma reesei (MUCL 49755) and endo-1,3(4)-beta-glucanase produced by Trichoderma reesei (MUCL 49754) was authorised for 10 years for chickens for fattening by Commission Regulation (EC) No 1091/2009 of 13 November 2009 concerning the authorisation of an enzyme preparation of endo-1,4-beta-xylanase produced by Trichoderma reesei (MUCL 49755) and endo-1,3(4)-beta-glucanase produced by Trichoderma reesei (MUCL 49754) as a feed additive for chickens for fattening (holder of authorisation Aveve NV) (2).

(2)

The holder of the authorisation submitted an application for changing the terms of the authorisation of this feed additive when used in chickens for fattening by reducing the minimum recommended dose of endo-1,4-beta-xylanase produced by Trichoderma reesei (MUCL 49755) and endo-1,3(4)-beta-glucanase produced by Trichoderma reesei (MUCL 49754) from 4 000 XU (3)/kg and 900 BGU (4)/kg to 2 000 XU/kg and 450 BGU/kg. That application was accompanied by the relevant data supporting the request for the change.

(3)

The European Food Safety Authority (the Authority) concluded in its opinion of 10 November 2010 that the data provided from three trials in chickens for fattening do not support the reduction of the minimum recommended dose from 4 000 XU and 900 BGU/kg feed to 2 000 XU and 450 BGU/kg feed because analyses of the feeds showed that the intended doses were considerably exceeded. However, the data showed that the product is efficacious at a lower dose than the one currently authorised. According to the Authority the data indicates, as an approximation, that 3 000 XU and 600 BGU/kg feed has the potential to improve growth rate and feed to gain ratio in chickens for fattening (5).

(4)	The conditions provided for in Article 5 of Regulation (EC) No 1831/2003 are satisfied.

(5)	Regulation (EC) No 1091/2009 should therefore be amended accordingly.

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

HAS ADOPTED THIS REGULATION:

Article 1

The Annex to Regulation (EC) No 1091/2009 is replaced by the text in the Annex to this Regulation.

Article 2

This Regulation shall enter into force on the 20th day following its publication in the Official Journal of the European Union.

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

Done at Brussels, 7 April 2011.

For the Commission

The President

José Manuel BARROSO

(1) OJ L 268, 18.10.2003, p. 29.

(2) OJ L 299, 14.11.2009, p. 6.

(3) 1 XU is the amount of enzyme which releases 1 μmol of reducing sugar (xylose equivalent) per minute from xylan of oat spelt at pH 5,0 and 50 °C.

(4) 1 BGU is the amount of enzyme which releases 1 μmol of reducing sugar (cellobiose equivalent) per minute from ß-glucan of barley at pH 4,8 and 50 °C.

(5) EFSA Journal 2010; 8(12):1919.

ANNEX

Identification number of the additive

Name of the holder of authorisation

Additive

Composition, chemical formula, description, analytical method

Species or category of animal

Maximum age

Minimum content

Maximum content

Other provisions

End of period of authorisation

Units of activity/kg of complete feedingstuff with a moisture content of 12 %

Category of zootechnical additives. Functional group: digestibility enhancers

4a9

Aveve NV

Endo-1,4-beta-xylanase

EC 3.2.1.8

Endo-1,3(4)-beta-glucanase

EC 3.2.1.6

Additive composition

Preparation of endo-1,4-beta-xylanase produced by Trichoderma reesei (MUCL 49755) and endo-1,3(4)-beta-glucanase produced by Trichoderma reesei (MUCL 49754)

having a minimum activity of 40 000 XU/g and 9 000 BGU/g

Characterisation of the active substance

endo-1,4-beta-xylanase produced by Trichoderma reesei (MUCL 49755) and endo-1,3(4)-beta-glucanase produced by Trichoderma reesei (MUCL 49754)

Analytical method (1)

Characterisation of the active substance in the additive:

—	colorimetric method based on reaction of dinitrosalicylic acid on reducing sugar produced by action of endo-1,4-β-xylanase on a xylan containing substrate,

—	colorimetric method based on reaction of dinitrosalicylic acid on reducing sugar produced by action of endo-1,3(4)-β-glucanase on a β-glucan containing substrate.

Characterisation of the active substances in the feedingstuffs:

—	colorimetric method measuring water soluble dye released by action of endo-1,4-beta-xylanase from dye cross-linked wheat arabinoxylan substrate,

—	colorimetric method measuring water soluble dye released by action of endo-1,3(4)-beta-glucanase from dye cross-linked barley beta-glucan substrate.

Chickens for fattening

—

3 000 XU

675 BGU

1.	In the directions for use of the additive and premixture indicate the storage temperature, storage life, and stability to pelleting.

2.	For use in feed rich in non-starch polysaccharides (mainly beta-glucans and arabinoxylans), e.g. containing more than 30 % wheat, barley, rye and/or triticale.

3.	For safety reasons: breathing protection, glasses and gloves shall be used during handling.

4 December 2019

(1) Details of the analytical methods are available at the following address of the European Union Reference Laboratory: www.irmm.jrc.be/crl-feed-additives

8.4.2011

Official Journal of the European Union

L 94/17

COMMISSION REGULATION (EU) No 336/2011

of 7 April 2011

amending Regulation (EC) No 1292/2008 as regards the use of the feed additive Bacillus amyloliquefaciens CECT 5940 in feed containing diclazuril, monensin sodium and nicarbazin

(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 1831/2003 of the European Parliament and of the Council of 22 September 2003 on additives for use in animal nutrition (1), and in particular Article 13(3) thereof,

Whereas:

(1)	Regulation (EC) No 1831/2003 provides for the authorisation of additives for use in animal nutrition and for the grounds and procedures for granting such authorisation.

(2)	Regulation (EC) No 1831/2003 provides for the possibility to modify the authorisation of a feed additive further to a request from the holder of the authorisation and an opinion of the European Food Safety Authority (the Authority).

(3)

The use of the micro-organism preparation of Bacillus amyloliquefaciens CECT 5940 was authorised for 10 years for chickens for fattening by Commission Regulation (EC) No 1292/2008 of 18 December 2008 concerning the authorisation of Bacillus amyloliquefaciens CECT 5940 (Ecobiol and Ecobiol Plus) as a feed additive (2).

(4)

The holder of the authorisation submitted an application for a modification of the authorisation of this additive to allow its use in feed containing the coccidiostats monensin sodium, diclazuril, nicarbazin, robenidine hydrochloride, salinomycin sodium, lasalocid sodium, narasin/nicarbazin, maduramycin ammonium, decoquinate or semduramicin sodium for chickens for fattening. The holder of the authorisation submitted the relevant data to support its request.

(5)	The Authority concluded in its opinion of 9 November 2010 that the additive Bacillus amyloliquefaciens CECT 5940 is compatible with diclazuril, monensin sodium and nicarbazin (3).

(6)	The conditions provided for in Article 5 of Regulation (EC) No 1831/2003 are satisfied.

(7)	Regulation (EC) No 1292/2008 should therefore be amended accordingly.

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

HAS ADOPTED THIS REGULATION:

Article 1

The Annex to Regulation (EC) No 1292/2008 is replaced by the text in the Annex to this Regulation.

Article 2

This Regulation shall enter into force on the 20th day following its publication in the Official Journal of the European Union.

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

Done at Brussels, 7 April 2011.

For the Commission

The President

José Manuel BARROSO

(1) OJ L 268, 18.10.2003, p. 29.

(2) OJ L 340, 19.12.2008, p. 36.

(3) EFSA Journal 2010; 8(12):1918.

ANNEX

The Annex to Regulation (EC) No 1292/2008 is replaced by the following:

‘ANNEX

Identification number of the additive

Name of the holder of authorisation

Additive

Composition, chemical formula, description, analytical method

Species or category of animal

Maximum age

Minimum content

Maximum content

Other provisions

End of period of authorisation

CFU/kg of complete feedingstuff with a moisture content of 12 %

Category of zootechnical additives. Functional group: gut flora stabilisers

4b1822

Norel SA

Bacillus amyloliquefaciens CECT 5940

Additive composition

Preparation of Bacillus amyloliquefaciens CECT 5940 containing a minimum of 1 × 109 CFU/g additive

Characterisation of active substance

Spores of Bacillus amyloliquefaciens CECT 5940

Analytical methods (1)

Enumeration: spread plate method using tryptone soya agar following a heat treatment.

Identification: pulsed-field gel electrophoresis (PFGE) method.

Chickens for fattening

—

1 × 109

—

1.	In the directions for use of the additive and premixture, indicate the storage temperature, storage life and stability to pelleting.

2.	May be used in feed containing the permitted coccidiostats: diclazuril, monensin sodium, or nicarbazin.

3.	For safety reasons: breathing protection; glasses and gloves shall be used during handling

8.1.2019

(1) Details of the analytical methods are available at the following address of the European Union Reference Laboratory: www.irmm.jrc.be/crl-feed-additives’

8.4.2011

Official Journal of the European Union

L 94/19

COMMISSION REGULATION (EU) No 337/2011

of 7 April 2011

concerning the authorisation of an enzyme preparation of endo-1,4-beta-xylanase and endo-1,3(4)-beta-glucanase as feed additive for poultry, weaned piglets and pigs for fattening (holder of the authorisation Danisco Animal Nutrition)

(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 1831/2003 of the European Parliament and of the Council of 22 September 2003 on additives for use in animal nutrition (1), and in particular Article 9(2) thereof,

Whereas:

(1)	Regulation (EC) No 1831/2003 provides for the authorisation of additives for use in animal nutrition and for the grounds and procedures for granting such authorisation.

(2)

In accordance with Article 7 of Regulation (EC) No 1831/2003, an application was submitted for the authorisation of the preparation specified in the Annex to this Regulation. The application was accompanied by the particulars and documents required under Article 7(3) of Regulation (EC) No 1831/2003.

(3)	The application concerns the authorisation of the preparation specified in the Annex as a feed additive for poultry, weaned piglets and pigs for fattening, to be classified in the additive category ‘zootechnical additives’.

(4)

The European Food Safety Authority (the Authority) concluded in its opinion of 10 November 2010 (2) that the preparation specified in the Annex, under the proposed conditions of use, does not have an adverse effect on animal health, human consumer health or the environment, and that this additive has the potential to improve the zootechnical parameters of the target species. The Authority does not consider that there is a need for specific requirements of post-market monitoring. It also verified the report on the method of analysis of the feed additive in feed submitted by the European Union Reference Laboratory for Feed Additives set up by Regulation (EC) No 1831/2003.

(5)	The assessment of the preparation specified in the Annex shows that the conditions for authorisation, as provided for in Article 5 of Regulation (EC) No 1831/2003, are satisfied. Accordingly, the use of this preparation should be authorised as specified in the Annex to this Regulation.

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

HAS ADOPTED THIS REGULATION:

Article 1

The preparation specified in the Annex, belonging to the additive category ‘zootechnical additives’ and to the functional group ‘digestibility enhancers’, is authorised as an additive in animal nutrition subject to the conditions laid down in that Annex.

Article 2

This Regulation shall enter into force on the 20th day following its publication in the Official Journal of the European Union.

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

Done at Brussels, 7 April 2011.

For the Commission

The President

José Manuel BARROSO

(1) OJ L 268, 18.10.2003, p. 29.

(2) EFSA Journal (2010); 8(12):1916.

ANNEX

Identification number of the additive

Name of the holder of authorisation

Additive

Composition, chemical formula, description, analytical method

Species or category of animal

Maximum age

Minimum content

Maximum content

Other provisions

End of period of authorisation

Units of activity/kg of complete feedingstuff with a moisture content of 12 %

Category of zootechnical additives. Functional group: digestibility enhancers

4a15

Danisco Animal Nutrition

Endo-1,4-beta-xylanase

EC 3.2.1.8

Endo-1,3(4)-beta-glucanase

EC 3.2.1.6

Additive composition

Preparation (solid and liquid form) of endo-1,4-beta-xylanase produced by Trichoderma reesei (ATCC PTA 5588) and endo-1,3(4)-beta-glucanase produced by Trichoderma reesei (ATCC SD 2106) having respectively a minimum activity of 12 200 U (1)/g and 1 520 U (2)/g

Characterisation of the active substance

Endo-1,4-beta-xylanase produced by Trichoderma reesei (ATCC PTA 5588) and endo-1,3(4)-beta-glucanase produced by Trichoderma reesei (ATCC SD 2106)

Analytical methods (3)

Characterisation of the active substance in the additive, premixtures and feedingstuffs:

—	colorimetric method measuring water soluble dye released by action of endo-1,4-β-xylanase from azurine cross-linked wheat arabinoxylan substrates,

—	colorimetric method measuring water soluble dye released by action of endo-1,3(4)-β-glucanase from azurine cross-linked barley β-glucan substrates.

Turkeys for fattening and reared for breeding

Laying hens

—

endo-1,4-beta-xylanase

1 220 U

endo-1,3(4)-beta-glucanase

152 U

—

1.	In the directions for use of the additive and premixture, indicate the storage temperature, storage life, and stability to pelleting.

2.	For use in feed rich in non-starch polysaccharides (mainly beta-glucans and arabinoxylans), e.g. containing more than 30 % wheat, barley, rye and/or triticale.

3.	For safety reasons: breathing protection, glasses and gloves shall be used during handling.

4.	For piglets (weaned) up to 35 kg.

28 April 2021

Other poultry

Piglets (weaned)

Pigs for fattening

endo-1,4-beta-xylanase

610 U

endo-1,3(4)-beta-glucanase

76 U

(1) 1 U is the amount of enzyme which releases 0,48 μmol of reducing sugar (xylose equivalent) per minute from wheat arabino xylan at pH 4,2 and 50 °C.

(2) 1 U is the amount of enzyme which releases 2,4 μmol of reducing sugar (glucose equivalent) per minute from glucan of barley at pH 5,0 and 50 °C.

(3) Details of the analytical methods are available at the following address of the European Union Reference Laboratory for Feed Additives: www.irmm.jrc.be/crl-feed-additives

8.4.2011

Official Journal of the European Union

L 94/21

COMMISSION IMPLEMENTING REGULATION (EU) No 338/2011

of 7 April 2011

entering a name in the register of protected designations of origin and protected geographical indications (Magiun de prune Topoloveni (PGI))

THE EUROPEAN COMMISSION,

Having regard to the Treaty on the Functioning of the European Union,

Having regard to Council Regulation (EC) No 510/2006 of 20 March 2006 on the protection of geographical indications and designations of origin for agricultural products and foodstuffs (1), and in particular the first subparagraph of Article 7(4) thereof,

Whereas:

(1)	Pursuant to the first subparagraph of Article 6(2) of Regulation (EC) No 510/2006, Romania’s application to register the name ‘Magiun de prune Topoloveni’ was published in the Official Journal of the European Union (2).

(2)	As no statement of objection pursuant to Article 7 of Regulation (EC) No 510/2006 has been received by the Commission, that name should be entered in the register,

HAS ADOPTED THIS REGULATION:

Article 1

The name contained in the Annex to this Regulation is hereby entered in the register.

Article 2

This Regulation shall enter into force on the 20th day following its publication in the Official Journal of the European Union.

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

Done at Brussels, 7 April 2011.

For the Commission, On behalf of the President,

Dacian CIOLOŞ

Member of the Commission

(1) OJ L 93, 31.3.2006, p. 12.

(2) OJ C 241, 8.9.2010, p. 3.

ANNEX

Agricultural products intended for human consumption listed in Annex I to the Treaty:

Class 1.6. Fruit, vegetables and cereals, fresh or processed

ROMANIA

Magiun de prune Topoloveni (PGI)

8.4.2011

Official Journal of the European Union

L 94/23

COMMISSION IMPLEMENTING REGULATION (EU) No 339/2011

of 7 April 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 8 April 2011.

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

Done at Brussels, 7 April 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	JO	68,6
	MA	45,5
	TN	104,8
	TR	79,5
	ZZ	74,6
0707 00 05	EG	152,2
	TR	144,9
	ZZ	148,6
0709 90 70	MA	82,8
	TR	117,4
	ZA	15,5
	ZZ	71,9
0805 10 20	EG	52,9
	IL	71,2
	MA	51,4
	TN	47,3
	TR	73,5
	US	49,1
	ZZ	57,6
0805 50 10	TR	62,0
0805 50 10	ZZ	62,0
0808 10 80	AR	107,5
	BR	79,2
	CA	107,4
	CL	92,8
	CN	93,2
	MK	50,2
	NZ	121,3
	US	145,1
	UY	74,1
	ZA	80,7
	ZZ	95,2
0808 20 50	AR	99,9
	CL	112,0
	CN	72,6
	US	72,1
	ZA	98,5
	ZZ	91,0

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

8.4.2011

Official Journal of the European Union

L 94/25

COMMISSION IMPLEMENTING REGULATION (EU) No 340/2011

of 7 April 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 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 326/2011 (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 8 April 2011.

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

Done at Brussels, 7 April 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 89, 5.4.2011, p. 15.

ANNEX

Amended representative prices and additional import duties applicable to white sugar, raw sugar and products covered by CN code 1702 90 95 from 8 April 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)	47,82	0,00
1701 11 90 (1)	47,82	0,56
1701 12 10 (1)	47,82	0,00
1701 12 90 (1)	47,82	0,26
1701 91 00 (2)	49,96	2,48
1701 99 10 (2)	49,96	0,00
1701 99 90 (2)	49,96	0,00
1702 90 95 (3)	0,50	0,22

(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.

8.4.2011

Official Journal of the European Union

L 94/27

COMMISSION IMPLEMENTING REGULATION (EU) No 341/2011

of 7 April 2011

not fixing a minimum selling price in response to the nineteenth individual invitation to tender for the sale of skimmed milk powder within the tendering procedure opened by Regulation (EU) No 447/2010

THE EUROPEAN COMMISSION,

Having regard to the Treaty on the Functioning of the European Union,

Whereas:

(1)

Commission Regulation (EU) No 447/2010 (2) has opened the sales of skimmed milk powder by a tendering procedure, 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 the light of the tenders received in response to individual invitations to tender, the Commission should fix a minimum selling price or should decide not to fix a minimum selling price, in accordance with Article 46(1) of Regulation (EU) No 1272/2009.

(3)	In the light of the tenders received for the nineteenth individual invitation to tender, no minimum selling price should be fixed.

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

HAS ADOPTED THIS REGULATION:

Article 1

For the nineteenth individual invitation to tender for selling of skimmed milk powder within the tendering procedure opened by Regulation (EU) No 447/2010, in respect of which the time limit for the submission of tenders expired on 5 April 2011, no minimum selling price for skimmed milk powder shall be fixed.

Article 2

This Regulation shall enter into force on 8 April 2011.

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

Done at Brussels, 7 April 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 126, 22.5.2010, p. 19.

(3) OJ L 349, 29.12.2009, p. 1.

8.4.2011

Official Journal of the European Union

L 94/28

COUNCIL DECISION

of 31 March 2011

establishing the position to be taken by the European Union within the International Grains Council with respect to the extension of the Grains Trade Convention 1995

(2011/224/EU)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union, and in particular Article 207 in conjunction with Article 218(9) thereof,

Having regard to the proposal from the European Commission,

Whereas the Grains Trade Convention 1995, which was concluded on behalf of the Community by the Council through Decision 96/88/EC (1), was regularly extended for successive periods of 2 years. This Convention was last extended by a decision of the International Grains Council of 8 June 2009 and it shall remain in force until 30 June 2011. A further extension is in the interest of the Union. The Commission, which represents the Union within the International Grains Council, should therefore be authorised to vote in favour of such extension,

HAS ADOPTED THIS DECISION:

Article 1

The position to be taken by the Union within the International Grains Council shall be to vote in favour of the extension of the Grains Trade Convention 1995 for a further period of up to 2 years.

The Commission is hereby authorised to express this position within the International Grains Council.

Article 2

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

Done at Brussels, 31 March 2011.

For the Council

The President

VÖLNER P.

(1) OJ L 21, 27.1.1996, p. 47.

8.4.2011

Official Journal of the European Union

L 94/29

COMMISSION IMPLEMENTING DECISION

of 6 April 2011

on the temporary prohibition of the placing on the market in Germany of the detergent POR-ÇÖZ

(notified under document C(2011) 2290)

(2011/225/EU)

THE EUROPEAN COMMISSION,

Having regard to the Treaty on the Functioning of the European Union,

Having regard to Regulation (EC) No 648/2004 of the European Parliament and of the Council of 31 March 2004 on detergents (1), and in particular Article 15 and 12(2) thereof,

Having regard to Regulation (EU) No 182/2011 of the European Parliament and of the Council of 16 February 2011 laying down the rules and general principles concerning mechanisms for control by Member States of the Commission's exercise of implementing powers (2), and in particular Article 5 thereof,

Whereas:

(1)

On 29 October 2010, the German Federal Environment Agency notified the Commission and the other Member States of their temporary prohibition for the placing on the German market of the cleaning product POR-ÇÖZ with a nitric acid content of 20 % or more, based on risks of corrosion and dangerous fumes resulting from the ingredient nitric acid (3).

(2)

The German authorities additionally notified the temporary prohibition of POR-ÇÖZ to the Commission via RAPEX (4) under Article 12 of Directive 2001/95/EC of the European Parliament and of the Council of 3 December 2001 on general product safety (5). As an additional risk it was mentioned that the POR-ÇÖZ containers did not have sufficiently child-proof caps.

(3)	POR-ÇÖZ is manufactured in Turkey by the registered company Levent Kimya and imported into Germany by the company Karakus Handels GmbH with its registered seat in D-58638 Iserlohn.

(4)	POR-ÇÖZ contains 20-30 % nitric acid in aqueous solution. Nitric acid is classified as corrosive to the skin, category 1, under Regulation (EC) No 1272/2008 of the European Parliament and of the Council (6) concerning classification, labelling and packaging of substances and mixtures.

(5)	POR-ÇÖZ is marketed as a limescale and rust remover to the general public. It is a mixture intended for cleaning purposes and is therefore a detergent according to Article 2 of the Regulation.

(6)

Based on the presentation of facts in the German RAPEX notification, the product POR-ÇÖZ is not fitted with appropriate child-resistant fastenings. Consequently, it does not comply with Article 11(1) of Regulation (EC) No 648/2004 in combination with Article 9, paragraph 1.3 and Annex IV, Part A of Directive 1999/45/EC of the European Parliament and of the Council (7) relating to the classification, packaging and labelling of dangerous preparations and does not fall under Article 15(1) of Regulation (EC) No 648/2004 which is applicable only to products that are ‘complying with the requirement of this Regulation’.

(7)

A clarification of the facts was made orally by Germany at the meeting of the Detergents Working Group on 14 December 2010. Germany explained that there had been two products under the brand name POR-ÇÖZ on the German market. The product referred to in the notification to the Commission of 29 October 2010, which was imported by Karakus Handels GmbH, was correctly labelled and fitted with appropriate child-resistant fastening. The second POR-ÇÖZ product by the same manufacturer was imported illegally via unknown channels. It was labelled in Turkish language and was not fitted with sufficiently child-proof fastenings.

(8)

By letter of 22 December 2010, Germany confirmed that the product to which Germany had referred in its notification of 29 October 2010 (manufactured by Levent Kimya and imported into Germany by the company Karakus Handels GmbH) was complying with the Detergents Regulation, notably with its labelling and packaging requirements by having a German-language label and by being fitted with child-proof fastening. The RAPEX Notification No 1760/10 has been modified with a revised notification submitted to the Commission on 16 December 2010, which stated that the grounds for prohibition were not non-compliance with legal requirements but the product’s high risks for human health.

(9)	Based on these facts, Article 15 of Regulation (EC) No 648/2004 is applicable, as the product POR-ÇÖZ referred to in the German notification is a detergent complying with the requirements of that Regulation.

(10)

Germany has provided justifiable grounds for believing that the product POR-ÇÖZ constitutes a risk to safety or health of humans. Germany reported that one case of child injury is attributed to the use of POR-ÇÖZ in Germany. Furthermore, between 1999 and 2010, German poison centres registered 134 cases of severe injuries to health related to the use in households of lime and rust removers containing nitric acid. In Belgium (the only other Member State where a Turkish-labelled version of POR-ÇÖZ had been found on the market) anti-poison centres have recorded three cases of severe respiratory problems resulting from the professional use of limescale removers containing 30 % nitric acid. Based on an assessment of the risks to health from the use of cleaning products with a nitric acid content of 20-30 %, on 28 September 2010, the German Federal Institute for Risk Assessment recommended that cleaning products containing more than 20 % nitric acid should not be placed on the market for supply to the general public (8).

(11)

The Commission has consulted the Member States both via questionnaires sent out on 15 November 2010 and in a meeting of the Detergents Working Group Meeting on 14 December 2010. The measures provided for in this Decision are in accordance with their opinion as expressed in the Committee opinion of 14 March 2011,

HAS ADOPTED THIS DECISION:

Article 1

The Federal Republic of Germany may maintain its temporary prohibition on the placing on the market of the cleaning product POR-ÇÖZ with a nitric acid content of 20 % or more for 1 year from the date of adoption this Decision.

Article 2

This Decision is addressed to the Member States.

Done at Brussels, 6 April 2011.

For the Commission

Antonio TAJANI

Vice-President

(1) OJ L 104, 8.4.2004, p. 1.

(2) OJ L 55, 28.2.2011, p. 13.

(3) Decision of the German Environment Authority (Umweltbundesamt) of 25 October 2010 (Allgemeinverfügung zum vorläufigen Verbot des Inverkehrbringens des Reinigungsmittels Por Cöz nach § 14(2) des Wasch- und Reinigungsmittelgesetztes und § 8(4) des Geräte- und Produktsicherheitsgesetztes, Bundesanzeiger Ausgabe Nr. 164 vom 28. Oktober 2010).

(4) RAPEX Notification No 1760/10.

(5) OJ L 11, 15.1.2002, p. 4.

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

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

(8) BfR Opinion No 041/2010, 6.9.2010.

8.4.2011

Official Journal of the European Union

L 94/31

COMMISSION DECISION

of 7 April 2011

extending the transitional period concerning the acquisition of agricultural land in Latvia

(Text with EEA relevance)

(2011/226/EU)

THE EUROPEAN COMMISSION,

Having regard to the Treaty of Accession of the Czech Republic, Estonia, Cyprus, Latvia, Lithuania, Hungary, Malta, Poland, Slovenia and Slovakia,

Having regard to the Act of Accession of the Czech Republic, Estonia, Cyprus, Latvia, Lithuania, Hungary, Malta, Poland, Slovenia and Slovakia, and in particular Chapter 3 of Annex VIII thereto,

Having regard to the request made by Latvia,

Whereas:

(1)

The 2003 Act of Accession provides that Latvia may maintain in force, under the conditions laid down therein, for a 7-year period following the accession, expiring on 30 April 2011, prohibitions on the acquisition of agricultural land by natural and legal persons from other EU Member States who are neither established nor registered nor having a branch or an agency in Latvia. This is a temporary exception to the free movement of capital as guaranteed by Articles 63 to 66 of the Treaty on the Functioning of the European Union. This transitional period may only be extended once for a period of up to 3 years.

(2)	On 6 December 2010, Latvia requested to extend the transitional period concerning the acquisition of agricultural land by 3 years.

(3)

The main reason for the transitional period was the need to safeguard the socioeconomic conditions for agricultural activities following the introduction of the single market and the transition to the Common Agricultural Policy in Latvia. In particular, it aimed to meet concerns raised about the possible impact on the agricultural sector of liberalising the acquisition of agricultural land due to initial large differences in land prices and income compared with Belgium, Denmark, Germany, Ireland, Greece, Spain, France, Italy, Luxembourg, the Netherlands, Austria, Portugal, Finland, Sweden and the United Kingdom (hereinafter the EU-15). The transitional period was also designed to ease the process of restitution and privatisation of agricultural land to farmers. In its Report of 16 July 2008 on the Review of the transitional measures for the acquisition of agricultural real estate set out in the 2003 Accession Treaty (hereinafter the ‘Mid-Term Review of 2008’), the Commission has already emphasised the importance of the completion of the above-mentioned agricultural reform by the end of the foreseen transitional period (1).

(4)

According to data available to Eurostat, agricultural land prices in Latvia are lower than the agricultural land prices in the EU. Complete convergence in agricultural land sales prices was neither expected nor seen as a necessary pre-condition for terminating the transitional period. Nevertheless, the noticeable differences in agricultural land prices between Latvia and EU-15 are such that they can hinder smooth progress towards price convergence.

(5)	Similarly to the levels of agricultural land prices, the data from Eurostat show that the gap in per capita GDP in Purchasing power standards in Latvia and EU-15 still persists. Thus, existing agricultural land prices in Latvia are high for the Latvian residents relative to their purchasing power.

(6)

The lower competitiveness of the Latvian agricultural sector compared to the agricultural sector in EU-15 also persists and the problem is compounded by difficulties in access to financial resources and by high interest rates applied to commercial credit lines for the acquisition of agricultural land (15 % per annum in 2009 according to data supplied by the Latvian authorities).

(7)

Moreover, according to data supplied by the Latvian authorities based on the State Land Service of Latvia, as of 1 January 2010, the agricultural land constitutes 37,7 % of the country’s total territory, and forests areas cover 45,8 % of it. In 2007 62 % of agricultural land was owned by farmers and 26,6 % of it was rented. While agricultural land in Latvia is already predominantly in private hands, the process of restitution of ownership rights and the land reform in rural areas are still not completed.

(8)

The lack of clarity on property rights inevitably hinders land transactions and consolidation of agricultural estates. Land fragmentation, in turn, further contributes to lower competitiveness and leads to less market-oriented farms. In this context, Eurostat data show that, although gradual consolidation of land is ongoing and the average exploited agricultural area per farm in Latvia increased from 10 ha to 16 ha per farm between 2001 and 2007, the latter is still lower than in other EU Member States, such as Denmark, Germany and Sweden, where this average amounted to 60 ha, 46 ha and 43 ha respectively in 2007.

(9)

The recent global financial and economic crisis also had a negative impact on Latvia’s economy. The lack of demand followed by a sharp reduction in purchase prices for agricultural products, at the time when the prices for raw materials remained at the high level of 2008, additionally aggravated the already disadvantaged position of Latvian farmers compared to farmers from EU-15.

(10)

Against this background, it may be anticipated, as do the Latvian authorities, that the lifting of the restrictions on 1 May 2011 would exert pressure on the land prices in Latvia. Therefore, a threat of serious disturbances on the Latvian agricultural land market upon the expiry of the transitional exists.

(11)	An extension by 3 years of the transitional period referred to in Chapter 3 of Annex VIII to the 2003 Act of Accession should therefore be granted.

(12)

In order to fully prepare the market for liberalisation, it continues to be of utmost importance, even amid adverse economic circumstances, to foster the improvement of factors such as credit and insurance facilities for farmers, and the completion of the agricultural structural reform during the transitional period, as already emphasised in the Mid-Term Review of 2008.

(13)

Since the open single market has always been at the heart of the European prosperity, an increased inflow of foreign capital would bring along potential benefits also for the agricultural market in Latvia. As emphasised in the Mid-Term Review of 2008, foreign investment in the agriculture sector would also have important long-term effects on the provision of capital and know-how, on the functioning of land markets and on agricultural productivity. The progressive loosening of the restrictions on foreign ownership during the transitional period would also contribute to preparing the market for full liberalisation.

(14)	For the purpose of legal certainty and in order to avoid a legal vacuum in the national legal system of Latvia after the expiry of the current transitional period, this Decision should enter into force on the day of its publication in the Official Journal of the European Union,

HAS ADOPTED THIS DECISION:

Article 1

The transitional period concerning the acquisition of agricultural land in Latvia referred to in Chapter 3 of Annex VIII to the 2003 Act of Accession shall be extended until 30 April 2014.

Article 2

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

Done at Brussels, 7 April 2011.

For the Commission

The President

José Manuel BARROSO

(1) COM(2008) 461 final, 16 July 2008.

8.4.2011

Official Journal of the European Union

L 94/33

DECISION OF THE EUROPEAN CENTRAL BANK

of 31 March 2011

on temporary measures relating to the eligibility of marketable debt instruments issued or guaranteed by the Irish Government

(ECB/2011/4)

(2011/227/EU)

THE GOVERNING COUNCIL OF THE EUROPEAN CENTRAL BANK,

Having regard to the Treaty on the Functioning of the European Union, and in particular the first indent of Article 127(2) thereof,

Having regard to the Statute of the European System of Central Banks and of the European Central Bank (hereinafter the ‘Statute of the ESCB’), and in particular Article 12.1 and the second indent of Article 34.1, in conjunction with the first indent of Article 3.1 and Article 18.2 thereof,

Whereas:

(1)

Pursuant to Article 18.1 of the Statute of the ESCB, the European Central Bank (ECB) and the national central banks of Member States whose currency is the euro may conduct credit operations with credit institutions and other market participants, with lending being based on adequate collateral. The criteria determining the eligibility of collateral for the purposes of Eurosystem monetary policy operations are laid down in Annex I to Guideline ECB/2000/7 of 31 August 2000 on monetary policy instruments and procedures of the Eurosystem (1) (hereinafter referred to as the ‘General Documentation’).

(2)

Pursuant to Section 1.6 of the General Documentation, the Governing Council of the ECB may, at any time, change the instruments, conditions, criteria and procedures for the execution of Eurosystem monetary policy operations. Pursuant to Section 6.3.1 of the General Documentation, the Eurosystem reserves the right to determine whether an issue, issuer, debtor or guarantor fulfils its requirements for high credit standards on the basis of any information it may consider relevant.

(3)

There are exceptional circumstances prevailing in the financial market, arising from the fiscal position of the Irish Government in the context of an adjustment plan supported by the euro area Member States and the International Monetary Fund, and there is a disruption of the normal assessment by the market of securities issued by the Irish Government, with negative effects on the stability of the financial system. This exceptional situation requires a swift and temporary adaptation of the Eurosystem monetary policy framework.

(4)

The Governing Council has assessed the fact that the Irish Government has approved an economic and financial adjustment programme which it has negotiated with the European Commission, the ECB and the International Monetary Fund, as well as the strong commitment of the Irish Government to fully implement such programme. The Governing Council has also assessed and endorsed the implementation of the programme by the Irish Government until now. The Governing Council has also assessed, from a Eurosystem credit risk management perspective, the effects of such a programme on the securities issued by the Irish Government. The Governing Council considers the programme to be appropriate, so that, from a credit risk management perspective, the marketable debt instruments issued by the Irish Government or guaranteed by the Irish Government retain a quality standard sufficient for their continued eligibility as collateral for Eurosystem monetary policy operations, irrespective of any external credit assessment. These positive assessments are the bases for this exceptional and temporary suspension, put in place with a view to contributing to the soundness of financial institutions, thereby strengthening the stability of the financial system as a whole and protecting the customers of those institutions. However, the ECB should closely monitor the continued strong commitment by the Irish Government to fully implement the economic and financial adjustment programme underlying these measures.

(5)	This Decision shall apply temporarily, until the Governing Council considers that the stability of the financial system allows the normal application of the Eurosystem framework for monetary policy operations,

HAS ADOPTED THIS DECISION:

Article 1

Suspension of certain provisions of the General Documentation

1. The Eurosystem’s minimum requirements for credit quality thresholds, as specified in the Eurosystem credit assessment framework rules for marketable assets in Section 6.3.2 of the General Documentation, shall be suspended in accordance with Articles 2 and 3.

2. In the event of any discrepancy between this Decision and the General Documentation, the former shall prevail.

Article 2

Continued eligibility as collateral of marketable debt instruments issued by the Irish Government

The Eurosystem’s credit quality threshold shall not apply to marketable debt instruments issued by the Irish Government. Such assets shall constitute eligible collateral for the purposes of Eurosystem monetary policy operations, irrespective of their external credit rating.

Article 3

Continued eligibility as collateral of marketable debt instruments guaranteed by the Irish Government

The Eurosystem’s credit quality threshold shall not apply to marketable debt instruments issued by entities established in Ireland and fully guaranteed by the Irish Government. A guarantee provided by the Irish Government shall continue to be subject to the requirements contained in Section 6.3.2 of the General Documentation. Such assets shall constitute eligible collateral for the purposes of Eurosystem monetary policy operations, irrespective of their external credit rating.

Article 4

Entry into force

This Decision shall enter into force on 1 April 2011.

Done at Frankfurt am Main, 31 March 2011.

The President of the ECB

Jean-Claude TRICHET

(1) OJ L 310, 11.12.2000, p. 1.

		ISSN 1725-2555 doi:10.3000/17252555.L_2011.094.eng
Official Journal of the European Union		L 94

English edition	Legislation	Volume 54 8 April 2011

Contents		II Non-legislative acts	page
		INTERNATIONAL AGREEMENTS
		2011/223/EU
	*	Council Decision of 31 March 2011 establishing the position to be taken by the European Union within the International Sugar Council as regards the extension of the International Sugar Agreement 1992	1
		REGULATIONS
	*	Council Regulation (EU) No 333/2011 of 31 March 2011 establishing criteria determining when certain types of scrap metal cease to be waste under Directive 2008/98/EC of the European Parliament and of the Council	2
	*	Commission Regulation (EU) No 334/2011 of 7 April 2011 amending Regulation (EU) No 185/2010 laying down detailed measures for the implementation of the common basic standards on aviation security ( 1 )	12
	*	Commission Regulation (EU) No 335/2011 of 7 April 2011 amending Regulation (EC) No 1091/2009 as regards the minimum content of the enzyme preparation of endo-1,4-beta-xylanase produced by Trichoderma reesei (MUCL 49755) and endo-1,3(4)-beta-glucanase produced by Trichoderma reesei (MUCL 49754) as a feed additive in feed for chickens for fattening ( 1 )	14
	*	Commission Regulation (EU) No 336/2011 of 7 April 2011 amending Regulation (EC) No 1292/2008 as regards the use of the feed additive Bacillus amyloliquefaciens CECT 5940 in feed containing diclazuril, monensin sodium and nicarbazin ( 1 )	17
	*	Commission Regulation (EU) No 337/2011 of 7 April 2011 concerning the authorisation of an enzyme preparation of endo-1,4-beta-xylanase and endo-1,3(4)-beta-glucanase as feed additive for poultry, weaned piglets and pigs for fattening (holder of the authorisation Danisco Animal Nutrition) ( 1 )	19
	*	Commission Implementing Regulation (EU) No 338/2011 of 7 April 2011 entering a name in the register of protected designations of origin and protected geographical indications (Magiun de prune Topoloveni (PGI))	21
		Commission Implementing Regulation (EU) No 339/2011 of 7 April 2011 establishing the standard import values for determining the entry price of certain fruit and vegetables	23
		Commission Implementing Regulation (EU) No 340/2011 of 7 April 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	25
		Commission Implementing Regulation (EU) No 341/2011 of 7 April 2011 not fixing a minimum selling price in response to the nineteenth individual invitation to tender for the sale of skimmed milk powder within the tendering procedure opened by Regulation (EU) No 447/2010	27
		DECISIONS
		2011/224/EU
	*	Council Decision of 31 March 2011 establishing the position to be taken by the European Union within the International Grains Council with respect to the extension of the Grains Trade Convention 1995	28
		2011/225/EU
	*	Commission Implementing Decision of 6 April 2011 on the temporary prohibition of the placing on the market in Germany of the detergent POR-ÇÖZ (notified under document C(2011) 2290)	29
		2011/226/EU
	*	Commission Decision of 7 April 2011 extending the transitional period concerning the acquisition of agricultural land in Latvia ( 1 )	31
		2011/227/EU
	*	Decision of the European Central Bank of 31 March 2011 on temporary measures relating to the eligibility of marketable debt instruments issued or guaranteed by the Irish Government (ECB/2011/4)	33