(1)

In order to ensure uniform application of the Combined Nomenclature annexed to Regulation (EEC) No 2658/87, it is necessary to adopt measures concerning the classification of the goods referred to in the Annex to this Regulation.

(2)

Regulation (EEC) No 2658/87 has laid down the general rules for the interpretation of the Combined Nomenclature. Those rules apply also to any other nomenclature which is wholly or partly based on it or which adds any additional subdivision to it and which is established by specific provisions of the Union, with a view to the application of tariff and other measures relating to trade in goods.

(3)

Pursuant to those general rules, the goods described in column (1) of the table set out in the Annex should be classified under the CN code indicated in column (2), by virtue of the reasons set out in column (3) of that table.

(4)

It is appropriate to provide that binding tariff information which has been issued by the customs authorities of Member States in respect of the classification of goods in the Combined Nomenclature but which is not in accordance with this Regulation can, for a period of 3 months, continue to be invoked by the holder, under Article 12(6) of Council Regulation (EEC) No 2913/92 of 12 October 1992 establishing the Community Customs Code (2).

(5)

The Customs Code Committee has not issued an opinion within the time limit set by its Chairman,

(1)

Implementing Regulation (EU) No 543/2011 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 XVI, Part A thereto.

(2)

The standard import value is calculated each working day, in accordance with Article 136(1) of Implementing Regulation (EU) No 543/2011, taking into account variable daily data. Therefore this Regulation should enter into force on the day of its publication in the Official Journal of the European Union,

(1)

On 22 December 2009 and on 18 January 2010, the Council adopted Decisions 2009/1014/EU (1) and 2010/29/EU (2) appointing the members and alternate members of the Committee of the Regions for the period from 26 January 2010 to 25 January 2015.

(2)

A member’s seat on the Committee of the Regions has become vacant following the end of the term of office of Mr Vytas APUTIS. Two alternate members’ seats on the Committee of the Regions have become vacant following the end of the terms of office of Mr Gintautas BABRAVIČIUS and Mr Viktor TROFIMOV,

(a)

as member:

and

(b)

as alternate members:

(1)

Decision 2009/470/EC lays down the procedures governing the financial contribution by the Union for programmes for the eradication, control and monitoring of animal diseases and zoonoses.

(2)

Commission Decision 2008/341/EC of 25 April 2008 laying down Community criteria for national programmes for the eradication, control and monitoring of certain animal diseases and zoonoses (2) provides that in order to be approved under the Union financial measures, programmes submitted by the Member States to the Commission for the eradication, control and monitoring of the animal diseases and zoonoses must meet at least the criteria set out in the Annex to that Decision.

(3)

Portugal has submitted an amended programme for the monitoring and eradication of bluetongue, Greece has submitted an amended programme for the monitoring of transmissible spongiform encephalopathies (TSE), and for the eradication of bovine spongiform encephalopathy and of scrapie and Bulgaria has submitted and amended programme for the eradication of rabies.

(4)

The Commission has assessed those amended programmes from both the veterinary and the financial point of view. They were found to comply with relevant Union veterinary legislation and in particular with the criteria set out in the Annex to Decision 2008/341/EC. The amended programmes submitted by those Member States should therefore be approved.

(5)

Regulation (EC) No 999/2001 of the European Parliament and of the Council of 22 May 2001 laying down rules for the prevention, control and eradication of certain transmissible spongiform encephalopathies (3) lays down rules for the prevention, control and eradication of TSEs in animals. Annex VII to that Regulation lays down the eradication measures to be carried out following the confirmation of an outbreak of TSE in bovine, ovine and caprine animals.

(6)

Point 2.3(d) of Chapter A of that Annex, as amended by Commission Regulation (EC) No 727/2007 (4), provided that Member States may decide to replace by slaughtering for human consumption the killing and complete destruction of certain ovine and caprine animals on the holding of the animal in which TSE was confirmed, provided that certain conditions were complied with.

(7)

On 17 July 2007, in Case T-257/07, France brought an action against the European Commission before the General Court, applying for the partial annulment of certain provisions of Regulation (EC) No 999/2001, as amended by Regulation (EC) No 727/2007, in particular point 2.3(d) of Chapter A of Annex VII to that Regulation.

(8)

In its Order of 28 September 2007 (5), the General Court suspended the application of point 2.3(b)(iii), point 2.3(d) and point 4 of Chapter A of Annex VII to Regulation (EC) No 999/2001, as amended by Regulation (EC) No 727/2007, until judgment would be given in the main action. In that Order, the General Court questioned the Commission’s assessment of the scientific available data on the possible risks.

(9)

The Commission subsequently asked the European Food Safety Authority (EFSA) to assist it in clarifying the main premises on which Regulation (EC) No 727/2007 was based. In view of the EFSA clarifications, Regulation (EC) No 999/2001 was amended by Commission Regulation (EC) No 746/2008 (6), which reinstated the provisions the application of which had been suspended by the General Court.

(10)

In its Order of 30 October 2008 (7), the General Court suspended the application of point 2.3(b)(iii), point 2.3(d) and point 4 of Chapter A of Annex VII to Regulation (EC) No 999/2001, as amended by Regulation (EC) No 746/2008, until judgment would be given in the main action in Case T-257/07.

(11)

In its judgment of 9 September 2011 (8) the General Court dismissed the action of France. In view of that judgment, the application of point 2.3(b)(iii), point 2.3(d) and point 4 of Chapter A of Annex VII to Regulation (EC) No 999/2001, as amended by Regulation (EC) No 746/2008 is no longer suspended.

(12)

Commission Implementing Decision 2011/807/EU of 30 November 2011 approving annual and multiannual programmes and the financial contribution from the Union for the eradication, control and monitoring of certain animal diseases and zoonoses presented by the Member States for 2012 and following years (9) approves certain national programmes and lays down the rate and maximum amount of the financial contribution by the Union for each programme submitted by the Member States and the rules for the payment of eligible amounts.

(13)

Certain Member States have expressed their intention to apply, as part of their programmes approved under Implementing Decision 2011/807/EU, the possibility of replacing the killing and complete destruction of ovine and caprine animals by slaughtering for human consumption, as provided for in point 2.3(d) of Chapter A of Annex VII to Regulation (EC) No 999/2001.

(14)

The Union financial contribution for the programmes for the eradication of scrapie, as laid down in Implementing Decision 2011/807/EU does not currently cover the compensation paid to owners of compulsorily slaughtered ovine and caprine animals pursuant to point 2.3(d) of Chapter A of Annex VII to Regulation (EC) No 999/2001.

(15)

It is therefore appropriate to enable the funding of compulsorily slaughtered ovine and caprine animals programmes as an alternative to culling and destruction in the framework of scrapie eradication programmes. This requires no increase to the amounts allocated by Implementing Decision 2011/807/EU to the Member State programmes for the monitoring and eradication of transmissible spongiform encephalopathies.

(16)

In addition, Implementing Decision 2011/807/EU provides that only costs incurred in the carrying out of the approved annual or multiannual programmes paid before the submission of the final report by the Member States are eligible for co-financing by means of a Union financial contribution. However, for certain costs, the Commission, upon the request of the concerned Member State, is to pay an advance of up to 60 % of the specified maximum amount within the 3 months following the receipt of the request. The costs for oral vaccination campaigns against rabies are not fully covered by that advance payment possibility.

(17)

The programmes for the eradication of rabies in the Member States through oral vaccination have been successful in previous years and lead to the eradication of the disease from a large part of the Union. Such programmes should therefore continue to be pursued in the parts of the Union where rabies is endemic.

(18)

Certain Member States have informed the Commission that they are experiencing difficulties in securing advance financing for their oral vaccination campaigns against rabies. In the last years, the lack of advance financing resulted, in some cases, in the cancellation of planned campaigns in rabies-infected areas.

(19)

Interruptions to the regular implementation of oral vaccination campaigns against rabies severely affect the effectiveness of the programmes and would prolong the time needed to finally eradicate the disease.

(20)

It is therefore appropriate to extend the possibility for advance payment to all costs incurred by Member States under the programmes for the eradication of rabies approved by Implementing Decision 2011/807/EU.

(21)

The Annex to Implementing Decision 2011/807/EU should be amended as regards the definition of eligible costs for the compensation of owners of slaughtered animals to include compulsory slaughter in the framework of scrapie eradication programmes.

(22)

Implementing Decision 2011/807/EU should therefore be amended accordingly.

(23)

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

(1)

in Article 9(2), point (b) is replaced by the following:

(2)

in Article 9(3), point (b) is replaced by the following:

(3)

in Article 13, paragraph 4 is replaced by the following:

(4)

in the Annex, point 2 is replaced by the following:

(1)

Smart grids mark a new development on the path towards greater consumer empowerment, greater integration of renewable energy sources into the grid and higher energy efficiency and make a considerable contribution to reducing greenhouse gas emissions and to job creation and technological development in the Union.

(2)

In accordance with Directive 2009/72/EC of the European Parliament and of the Council of 13 July 2009 concerning common rules for the internal market in electricity and repealing Directive 2003/54/EC (1) and Directive 2009/73/EC of the European Parliament and of the Council of 13 July 2009 concerning common rules for the internal market in natural gas and repealing Directive 2003/55/EC (2), Member States are required to ensure the implementation of smart metering systems that assist the active participation of consumers in the electricity supply and gas supply markets and implementation of those metering systems may be subject to an economic assessment of all the long-term costs and benefits to the market and the individual consumer or which form of smart metering is economically reasonable and cost-effective and which timeframe is feasible for their deployment.

(3)

The Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions of 12 April 2011 on ‘Smart grids: from innovation to deployment’ (3) announces a number of measures, including monitoring Member States’ progress, establishing guidelines on key performance indicators and guidelines to define a methodology for the Member States’ plans for implementation of smart metering systems, along with cost-benefit analyses.

(4)

The Digital Agenda for Europe lists a set of appropriate measures, in particular on data protection in the Union, on network and information security, on cyber attacks and on functionalities for smart grids and metering. Member States, in collaboration with industry, the Commission and other stakeholders, should take appropriate measures to ensure a coherent approach.

(5)

One of the key tasks and preconditions for using smart metering systems is to find appropriate technical and legal solutions which safeguard protection of personal data as a fundamental right under Article 8 of the Charter of Fundamental Rights of the European Union and Article 16 of the Treaty on the Functioning of the European Union. Member States and stakeholders should ensure, especially in the initial phase of the roll-out of smart meters, that smart metering system applications are monitored and that fundamental rights and freedoms of individuals are respected.

(6)

Smart metering systems allow processing of data, including predominantly personal data. Moreover, the deployment of smart grids and smart metering systems should allow suppliers and network operators to evolve from a broad view of energy behaviour to detailed information on the energy behaviour of individual end-consumers.

(7)

The rights and obligations provided for by Directive 95/46/EC of the European Parliament and of the Council of 24 October 1995 on the protection of individuals with regard to the processing of personal data and on the free movement of such data (4) and by Directive 2002/58/EC of the European Parliament and of the Council of 12 July 2002 concerning the processing of personal data and the protection of privacy in the electronic communications sector (Directive on privacy and electronic communications) (5) are fully applicable to smart metering which processes personal data, in particular in the use of publicly available electronic communications services for contractual and commercial relations with customers.

(8)

The opinions of the Working Party on the protection of individuals with regard to the processing of personal data set up in accordance Article 29 of Directive 95/46/EC provide guidance for identifying and developing ‘best available techniques’ to safeguard personal data and guarantee data security when data are processed in smart metering systems and smart grids.

(9)

In the light of the potential for deployment of smart grids, particular attention should be paid to security and protection of the personal data processed by smart metering systems. In this respect, data protection impact assessments should make it possible to identify from the start data protection risks in smart grid developments.

(10)

Data protection and information security features should be built into smart metering systems before they are rolled out and used extensively. Such features can effectively improve consumers’ control over the processing of personal data.

(11)

Member States should cooperate with industry and civil society stakeholders, in particular with national data protection authorities, to stimulate and support introduction of the ‘security and data protection by design’ principle at an early stage in the development of smart grids, particularly for the roll-out of smart metering systems.

(12)

Any party processing personal data in the context of smart metering systems should take all reasonable steps to ensure that data cannot be traced to an identified or identifiable person by any means likely to be used by either the network operator or any other third party, unless the data are processed in compliance with the applicable principles and legal rules on data protection.

(13)

The Commission Communication of 2 May 2007 on ‘Promoting data protection by privacy enhancing technologies (PETs)’ (6) sets out clear measures to achieve the goals of minimising the processing of personal data and using anonymous or pseudonymous data wherever possible by supporting the development of PETs and use thereof by data controllers and individuals.

(14)

A template developed at Union level for conducting data protection impact assessments will ensure that the provisions of this Recommendation are followed coherently across Member States.

(15)

An assessment of the data protection impact carried out by the operator and stakeholders prior to the roll-out of smart metering systems will provide the information necessary in order to take appropriate protective measures. Such measures should be monitored and reviewed throughout the lifetime of the smart meter.

(16)

In accordance with Directive 2009/72/EC, Member States are expected to complete, by 3 September 2012, a cost-benefit assessment of the roll-out of smart metering systems. Pursuant to the Communication from the Commission of 12 April 2011, the Commission considers it important to lay down criteria, a template and more general guidelines that would improve the depth and comparability of analyses. As suggested by the Smart Grid Task Force (7), the criteria should use quantifiable indicators.

(17)

Member States, in collaboration with industry, the Commission and other stakeholders, should take appropriate measures to disseminate information about and raise awareness of the potential benefits and risks associated with use of smart metering technology.

(18)

In this respect, Member States, in collaboration with industry, civil society associations and other stakeholders, should identify and disseminate examples of good practice in smart metering applications and take appropriate measures — such as large-scale pilot projects — to increase public awareness, as a prerequisite for wider take-up of this technology.

(19)

Establishment of a set of recommended functional requirements would enable Member States to achieve an optimum level of cost-efficiency in their roll-out plans more easily and simultaneously. Setting the same requirements would also provide regulators, the metering industry, network operators and suppliers with some indication of the approaches most likely to be taken in this sector.

(20)

Based on the guidelines of good practice defined by the European Regulators’ Group for Electricity and Gas (hereinafter referred to as the ‘ERGEG’) (8) and on the analysis of the first cost-benefit assessments communicated by Member States, the Commission sees benefit in recommending to Member States and regulators a set of common minimum functionalities for smart meters.

(21)

After consulting the European Data Protection Supervisor,