21.7.2012   

EN

Official Journal of the European Union

L 194/1

(1)

In accordance with Article 3(1) of Commission Regulation (EU) No 454/2011 of 5 May 2011 on the technical specification for interoperability relating to the subsystem ‧telematics applications for passenger services‧ of the trans-European rail system (2), the European Railway Agency has implemented a change management process for the technical documents referred to in Annex III to that Regulation. As a result, the European Railway Agency submitted on 20 December 2011 a recommendation for Annex III to Regulation (EU) No 454/2011 to be updated in order to refer to the technical documents that have been amended in accordance with the change management process.

(2)

Regulation (EU) No 454/2011 should therefore be amended accordingly.

(3)

The measures provided for in this Regulation are in accordance with the opinion of the Committee established in accordance with Article 29(1) of Directive 2008/57/EC,

21.7.2012   

EN

Official Journal of the European Union

L 194/3

(1)

Commission Regulation (EC) No 792/2009 of 31 August 2009 laying down detailed rules for the Member States' notification to the Commission of information and documents in implementation of the common organisation of the markets, the direct payments′ regime, the promotion of agricultural products and the regimes applicable to the outermost regions and the smaller Aegean islands (3), lays down common rules for notifying information and documents by the competent authorities of the Member States to the Commission. Those rules cover in particular the obligation for the Member States to use the information systems made available by the Commission and the validation of the access rights of the authorities or individuals authorised to send notifications. In addition, that Regulation sets common principles applying to the information systems so that they guarantee the authenticity, integrity and legibility over time of the documents and provides for personal data protection.

(2)

Pursuant to Regulation (EC) No 792/2009, the obligation to use the information systems in accordance with that Regulation has to be provided for in the Regulations establishing a specific notification obligation.

(3)

The Commission has developed an information system that allows managing documents and procedures electronically in its own internal working procedures and in its relations with the authorities involved in the common agricultural policy.

(4)

It is considered that several notification obligations can be fulfilled via that system in accordance with Regulation (EC) No 792/2009, in particular those provided for in Commission Regulations (EC) No 2092/2004 of 8 December 2004 laying down detailed rules of application for an import tariff quota of dried boneless beef originating in Switzerland (4), (EC) No 793/2006 of 12 April 2006 laying down certain detailed rules for applying Council Regulation (EC) 247/2006 laying down specific measures for agriculture in the outermost regions of the Union (5), (EC) No 1914/2006 of 20 December 2006 laying down detailed rules for applying Council Regulation (EC) No 1405/2006 laying down specific measures for agriculture in favour of the smaller Aegean islands (6), (EC) No 1120/2009 of 29 October 2009 laying down detailed rules for the implementation of the single payment scheme provided for in Title III of Council Regulation (EC) No 73/2009 establishing common rules for direct support schemes for farmers under the common agricultural policy and establishing certain support schemes for farmers (7), (EC) No 1121/2009 of 29 October 2009 laying down detailed rules for the application of Council Regulation (EC) No 73/2009 as regards the support schemes for farmers provided for in Titles IV and V thereof (8), (EC) No 1122/2009 of 30 November 2009 laying down detailed rules for the implementation of Council Regulation (EC) No 73/2009 as regards cross-compliance, modulation and the integrated administration and control system, under the direct support schemes for farmers provided for that Regulation, as well as for the implementation of Council Regulation (EC) No 1234/2007 as regards cross-compliance under the support scheme provided for the wine sector (9), (EU) No 817/2010 of 16 September 2010 laying down detailed rules pursuant to Council Regulation (EC) No 1234/2007 as regards requirements for the granting of export refunds related to the welfare of live bovine animals during transport (10), (EU) No 1255/2010 of 22 December 2010 laying down detailed rules for the application of the import tariff quotas for ‘baby beef’ products originating in Bosnia and Herzegovina, Croatia, the former Yugoslav Republic of Macedonia, Montenegro and Serbia (11).

(5)

In the interest of efficient administration and taking account of the experience, some notifications should be either simplified and specified or deleted in those Regulations.

(6)

Regulations (EC) No 2092/2004, (EC) No 793/2006, (EC) No 1914/2006, (EC) No 1120/2009, (EC) No 1121/2009, (EC) No 1122/2009, (EU) No 817/2010 and (EU) No 1255/2010 should therefore be amended accordingly.

(7)

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

(1)

In Article 7a, paragraphs 2 and 3 are replaced by the following:

"2.   Member States shall notify the Commission of the details of the quantities of products put into free circulation in accordance with Article 4 of Regulation (EC) No 1301/2006.

3.   The notifications referred to in paragraph 1 shall be made in accordance with Commission Regulation (EC) No 792/2009 (12) and the product categories indicated in Annex V to Regulation (EC) No 382/2008 shall be used.

(2)

Annexes IV, V and VI are deleted.

(1)

In Article 47, the following paragraph 3 is added:

"3.   The communications referred to in this Article shall be made in accordance with Commission Regulation (EC) No 792/2009 (13).

(2)

In Article 48, the following paragraph 3 is added:

"3.   The communications and reports referred to in Article 28(1) and (2) of Regulation (EC) No 247/2006 shall be made and submitted in accordance with Regulation (EC) No 792/2009."

(1)

In Article 32, the following paragraph 3 is added:

"3.   The communications referred to in this Article shall be made in accordance with Commission Regulation (EC) No 792/2009 (14).

(2)

In Article 33, the following paragraph 3 is added:

"3.   The communications and reports referred to in Article 17 (1) and (2) of Regulation (EC) No 1405/2006 shall be made in accordance with Regulation (EC) No 792/2009."

(1)

Article 4(1) is amended as follows:

(2)

The following Article 94a is inserted.

"Article 94a

The notifications referred to in this Regulation shall be made in accordance with Commission Regulation (EC) No 792/2009 (16).

(1)

In Article 8, paragraphs 2 and 3 are replaced by the following:

"2.   Member States shall notify the Commission of the details of the quantities of products put into free circulation in accordance with Article 4 of Regulation (EC) No 1301/2006.

3.   The notifications referred to in paragraph 1 shall be made in accordance with Commission Regulation (EC) No 792/2009 (19) and the product categories indicated in Annex V to Regulation (EC) No 382/2008 shall be used.

(2)

Annexes VIII, IX and X are deleted.

21.7.2012   

EN

Official Journal of the European Union

L 194/6

(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,

21.7.2012   

EN

Official Journal of the European Union

L 194/8

(1)

Commission Regulation (EC) No 616/2007 (3) opened tariff quotas for imports of poultrymeat products originating in Brazil, Thailand and other third countries.

(2)

The applications for import licences lodged in respect of Groups Nos 1, 2, 4, 6, 7 and 8 during the first seven days of July 2012 for the subperiod from 1 October to 31 December 2012 relate, for some quotas, to quantities exceeding those available. The extent to which import licences may be issued should therefore be determined by establishing the allocation coefficient to be applied to the quantities requested.

(3)

The applications for import rights lodged during the first seven days of July 2012 for the subperiod from 1 October to 31 December 2012 in respect of Group No 5 relate to quantities exceeding those available. The extent to which import rights may be allocated should therefore be determined by establishing the allocation coefficient to be applied to the quantities requested,

21.7.2012   

EN

Official Journal of the European Union

L 194/10

(1)

Quantities covered by applications for import licences submitted to the competent authorities from 1 to 7 July 2012 in accordance with Regulation (EC) No 891/2009, exceed the quantity available under order number 09.4321.

(2)

In these circumstances, an allocation coefficient for licences to be issued regarding order number 09.4321 should be fixed in accordance with Regulation (EC) No 1301/2006. Submission of further applications for licences for that order number should be suspended until the end of the marketing year, in accordance with Regulation (EC) No 891/2009,

21.7.2012   

EN

Official Journal of the European Union

L 194/12

(1)

Commission Decision 2006/168/EC of 4 January 2006 establishing the animal health and veterinary certification requirements for imports into the Community of bovine embryos and repealing Decision 2005/217/EC (2) establishes in Annex I thereto the list of third countries from which Member States are to authorise imports of embryos of domestic animals of the bovine species (‘the embryos’). It also lays down additional guarantees as regards specific animal diseases to be provided by certain third countries listed in that Annex.

(2)

Decision 2006/168/EC also provides that Member States are to authorise imports of embryos that comply with the animal health requirements set out in the model veterinary certificates in Annexes II, III and IV to that Decision.

(3)

The animal health requirements relating to bluetongue in the model veterinary certificates in Annexes II, III and IV to Decision 2006/168/EC are based on the recommendations of Chapter 8.3 of the Terrestrial Animal Health Code of the World Organisation for Animal Health (OIE) which deals with bluetongue. That Chapter recommends a whole range of risk mitigating measures aiming at either protecting the mammalian host from exposure to the infectious vector or at inactivating the virus by antibodies.

(4)

In addition, the OIE has laid down a chapter on Surveillance for arthropod vectors of animal diseases in the Terrestrial Animal Health Code. Those recommendations do not include the monitoring of ruminants for antibodies to Simbu viruses, such as the Akabane and Aino viruses of the Bunyaviridae family, which in the past was considered an economical method for determining the distribution of bluetongue competent vectors until more information on the spread of those diseases became available.

(5)

Also, the OIE does not list Akabane and Aino diseases in the Terrestrial Animal Health Code. Consequently, the requirement for annual testing for those diseases to prove the absence of the vector should be deleted from Annex I to Decision 2006/168/EC and from the model veterinary certificates in Annexes II, III and IV thereto.

(6)

In addition, bilateral agreements have been concluded between the Union and certain third countries containing specific conditions for the imports of embryos into the Union. Therefore, in the interests of consistency where those bilateral agreements contain specific conditions and model veterinary certificates for imports, those conditions and models should apply instead of the conditions and models set out in Decision 2006/168/EC.

(7)

The animal health status of Switzerland is equivalent to that of the Member States. It is therefore appropriate that in vivo derived and in vitro produced embryos imported into the Union from that third country are accompanied by a veterinary certificate drawn up in accordance with the model intra-trade certificate used for trade within the Union in embryos of domestic animals of the bovine species set out in Annex C to Directive 89/556/EEC. That certificate should take account of the adaptations set out in point 2 of Chapter VI(B) of Appendix 2 of Annex 11 to the Agreement between the European Community and the Swiss Confederation on Trade in Agricultural Products, as approved by Decision 2002/309/EC, Euratom of the Council, and of the Commission as regards the Agreement on Scientific and Technological Cooperation, of 4 April 2002 on the conclusion of seven Agreements with the Swiss Confederation (3).

(8)

On the basis of Directive 89/556/EEC, New Zealand was also recognised as a third country with an animal health status equivalent to that of Member States for imports of in vivo derived embryos.

(9)

It is therefore appropriate that in vivo derived embryos collected in New Zealand and imported into the Union from that third country are accompanied by a simplified certificate drawn up in accordance with the appropriate model health certificate set out in Annex IV to Commission Decision 2003/56/EC of 24 January 2003 on health certificates for the importation of live animals and animal products from New Zealand (4) laid down in accordance with the Agreement between the European Community and New Zealand on sanitary measures applicable to trade in live animals and animal products (5), as approved by Council Decision 97/132/EC (6).

(10)

Commission Decision 2007/240/EC (7) provides that the various veterinary, public and animal health certificates required for the imports into the Union of live animals, semen, embryo, ova and products of animal origin are to be based on the standard models for veterinary certificates set out in Annex I thereto. In the interests of consistency and simplification of Union legislation, the model veterinary certificates set out in Annexes II, III and IV to Decision 2006/168/EC should take account of Decision 2007/240/EC.

(11)

Annexes I to IV to Decision 2006/168/EC should therefore be amended accordingly.

(12)

To avoid any disruption of trade, the use of veterinary certificates issued in accordance with Decision 2006/168/EC in its version prior to the amendments introduced by this Decision should be authorised during a transitional period subject to certain conditions.

(13)

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

21.7.2012   

EN

Official Journal of the European Union

L 194/26

(1)

Commission Implementing Decision 2011/630/EU of 20 September 2011 on imports into the Union of semen of domestic animals of the bovine species (2) lays down the list of third countries from which Member States are to authorise imports of semen of domestic animals of the bovine species and additional guarantees as regards specific animal diseases to be provided by certain third countries listed in Annex I thereto. It also lays down certification requirements for the imports of such semen into the Union.

(2)

The model animal health certificate in Section A of Part 1 of Annex II to Implementing Decision 2011/630/EU includes the animal health requirements for imports into the Union of semen of domestic animals of the bovine species collected, processed and stored in accordance with Directive 88/407/EEC, as amended by Council Directive 2003/43/EC (3).

(3)

The current animal health requirements for bluetongue in the model health certificate in Section A of Part 1 of Annex II to Implementing Decision 2011/630/EU provide that donor animals must fulfil the import conditions for bovine semen laid down in the Bluetongue Chapter of the Terrestrial Animal Health Code of the World Organisation for Animal Health (OIE). That Chapter recommends a whole range of risk mitigating measures aiming at either protecting the mammalian host from exposure to the infectious vector or at inactivating the virus by antibodies. In the interest of legal certainty, it is appropriate that that model health certificate sets out clearly the relevant requirements and the guarantees to be provided by the exporting third country, depending on the epidemiological situation.

(4)

In addition, the OIE has laid down a chapter on Surveillance for arthropod vectors of animal diseases in the Terrestrial Animal Health Code. Those recommendations do not include the monitoring of ruminants for antibodies to Simbu viruses, such as the Akabane and Aino viruses of the Bunyaviridae family, which in the past was considered an economical method for determining the distribution of bluetongue competent vectors until more information on the spread of those diseases became available.

(5)

Also, the OIE does not list Akabane and Aino diseases in the Terrestrial Animal Health Code. Consequently, the requirement for annual testing for those diseases to prove the absence of the vector should be deleted from Annex I to Implementing Decision 2011/630/EU and from the model health certificate in Section A of Part 1 of Annex II thereto.

(6)

Implementing Decision 2011/630/EU should therefore be amended accordingly.

(7)

To avoid any disruption of trade, the use of animal health certificates issued in accordance with Implementing Decision 2011/630/EU in its version prior to the amendments introduced by this Decision should be authorised during a transitional period subject to certain conditions.

(8)

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

21.7.2012   

EN

Official Journal of the European Union

L 194/33

(1)

Point 1 of Section B.IV of Annex V to Regulation (EC) No 1234/2007 provides that, for the classification of pig carcasses, the lean-meat content has to be assessed by means of grading methods authorised by the Commission, which methods may only be statistically proven assessment methods based on the physical measurement of one or more anatomical parts of the pig carcass. The authorisation of grading methods is subject to compliance with a maximum tolerance for statistical error in assessment. That tolerance is defined in Article 23(3) of Commission Regulation (EC) No 1249/2008 of 10 December 2008 laying down detailed rules on the implementation of the Community scales for the classification of beef, pig and sheep carcasses and the reporting of prices thereof (2).

(2)

By Decision 97/107/EC (3), the Commission authorised the use of five methods for grading pig carcasses in Belgium.

(3)

Due to changes in the pig population, the formulae used with these methods are currently underestimating the lean meat content. It is therefore necessary to update the formula of the authorised methods and to obtain and use three new grading methods.

(4)

Belgium has requested the Commission to authorise eight methods for grading pig carcasses on its territory and has presented a detailed description of the dissection trial, indicating the principles on which those methods are based, the results of its dissection trial and the equations used for assessing the percentage of lean meat in the protocol provided for in Article 23(4) of Regulation (EC) No 1249/2008.

(5)

Examination of that request has revealed that the conditions for authorising those grading methods are fulfilled. Those grading methods should therefore be authorised in Belgium.

(6)

Modifications of the apparatus or grading methods should not be allowed, unless they are explicitly authorised by Commission Implementing Decision.

(7)

For reasons of clarity and legal certainty, Decision 97/107/EC should be repealed.

(8)

In view of the technical circumstances while introducing new devices and new equations, the methods for grading pig carcasses authorised under Decision 97/107/EC should continue to apply up to 30 September 2012.

(9)

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

(a)

the ‘Capteur Gras/Maigre — Sydel (CGM)’ apparatus and the assessment methods related thereto, details of which are given in Part 1 of the Annex;

(b)

the ‘Giralda Choirometer Pork Grader (PG 200)’ apparatus and the assessment methods related thereto, details of which are given in Part 2 of the Annex;

(c)

the ‘Hennessy Grading Probe (HGP 4)’ apparatus and the assessment methods related thereto, details of which are given in Part 3 of the Annex;

(d)

the ‘Fat-O-Meat’er (FOM II)’ apparatus and the assessment methods related thereto, details of which are given in Part 4 of the Annex;

(e)

the ‘OptiScan TP’ apparatus and the assessment methods related thereto, details of which are given in Part 5 of the Annex;

(f)

the ‘CSB Image-Meater’ apparatus and the assessment methods related thereto, details of which are given in Part 6 of the Annex;

(g)

the ‘VCS 2000’ apparatus and the assessment methods related thereto, details of which are given in Part 7 of the Annex;

(h)

the ‘AutoFOM III’ apparatus and the assessment methods related thereto, details of which are given in Part 8 of the Annex.

21.7.2012   

EN

Official Journal of the European Union

L 194/39

(1)

The Communication from the Commission Europe 2020 (1) puts forward the development of an economy based on knowledge and innovation as a priority.

(2)

The targets set by the Europe 2020 strategy are given in more detail in particular in the Flagship Initiatives ‘Digital Agenda for Europe’ (2) and ‘Innovation Union’ (3). Among the actions to be taken under the ‘Digital Agenda’, publicly funded research should be widely disseminated through open access publication of scientific data and papers. The ‘Innovation Union’ initiative calls for a European Research Area (ERA) framework to be set up to help remove obstacles to mobility and cross-border cooperation. It states that open access to publications and data from publicly funded research should be promoted and access to publications made the general principle for projects funded by the EU research Framework Programmes.

(3)

On 14 February 2007, the Commission adopted a Communication on scientific information in the digital age: access, dissemination and preservation (4), accompanied by a staff working paper. This provided an overview of the state of play in Europe regarding scientific publishing and the preservation of research results, examining relevant organisational, legal, technical and financial issues.

(4)

The Communication was followed in November 2007 by Council Conclusions on scientific information in the digital age: access, dissemination and preservation. The Conclusions invited the Commission to experiment with open access to scientific publications resulting from projects funded by EU research framework programmes and included a set of actions to be undertaken by the Member States. There have been advances in some of the areas dealt with in the Conclusions, but not all targets have been met and progress has been uneven among Member States. EU action is needed to make the most of Europe’s research potential.

(5)

Open access policies aim to provide readers with access to peer-reviewed scientific publications and research data free of charge as early as possible in the dissemination process, and enable the use and reuse of scientific research results. Such policies should be implemented taking into account the challenge of intellectual property rights.

(6)

Policies on open access to scientific research results should apply to all research that receives public funds. Such policies are expected to improve conditions for conducting research by reducing duplication of efforts and by minimising the time spent searching for information and accessing it. This will speed up scientific progress and make it easier to cooperate across and beyond the EU. Such policies will also respond to calls within the scientific community for greater access to scientific information.

(7)

Enabling societal actors to interact in the research cycle improves the quality, relevance, acceptability and sustainability of innovation outcomes by integrating society’s expectations, needs, interests and values. Open access is a key feature of Member States’ policies for responsible research and innovation by making the results of research available to all and by facilitating societal engagement.

(8)

Businesses will also benefit from wider access to scientific research results. Small and medium-sized enterprises in particular will improve their capacity to innovate. Policies on access to scientific information should therefore also facilitate access to scientific information for private companies.

(9)

The Internet has fundamentally changed the world of science and research. For instance, research communities have been experimenting with new ways to register, certify, disseminate and preserve scientific publications. Research and funding policies need to adapt to this new environment. It should be recommended to Member States to adapt and develop their policies on open access to scientific publications.

(10)

Open access to scientific research data enhances data quality, reduces the need for duplication of research, speeds up scientific progress and helps to combat scientific fraud. In its final report ‘Riding the wave: How Europe can gain from the rising tide of scientific data’ (5) in October 2010, the High Level Expert Group on Scientific Data emphasised the critical importance of sharing and preserving reliable data produced during the scientific process. Policy action on access to data is therefore urgent and should be recommended to Member States.

(11)

Preservation of scientific research results is in the public interest. It has traditionally been under the responsibility of libraries, especially national legal deposit libraries. The volume of research results generated is growing tremendously. Mechanisms, infrastructures and software solutions should be in place to enable long-term preservation of research results in digital form. Sustainable funding for preservation is crucial as curation costs for digitised content are still relatively high. Given the importance of preservation for the future use of research results, the establishment or reinforcement of policies in this area should be recommended to Member States.

(12)

Policies to be developed by Member States should be defined at national or sub-national level depending on the constitutional situation and the distribution of responsibilities for defining research policy.

(13)

Solid e-infrastructures underpinning the scientific information system will improve access to scientific information and the long-term preservation of it. This can boost collaborative research. According to the Communication of the Commission ‘ICT infrastructures for e-Science’ (6), e-Infrastructures are understood to be ‘an environment where research resources (hardware, software and content) can be readily shared and accessed wherever this is necessary to promote better and more effective research’. The further development of such infrastructures and their interconnection at European level should therefore be recommended.

(14)

The move towards open access is a worldwide endeavour, demonstrated by the ‘Revised strategy on UNESCO’s contribution to the promotion of open access to scientific information and research’ (7) and the ‘OECD Declaration on Access to Research Data from Public Funding’ (8). Member States should be part of this global endeavour and should set an example by enhancing an open, collaborative research environment based on reciprocity.

(15)

Given the transitional state of the publishing sector, stakeholders need to come together to accompany the transition process and look for sustainable solutions for the scientific publishing process.

(16)

On 12 December 2011 the Commission adopted a package consisting of a Communication on open data, a proposal for a Directive amending Directive 2003/98/EC of the European Parliament and of the Council of 17 November 2003 on reuse of public sector information (9) and new Commission rules on the documents it holds. The package presented the Commission’s strategy on open data in a single coherent framework, encompassing actions including this Recommendation.

(17)

This Recommendation is accompanied by a Communication in which the Commission defines its policy and vision on open access to research results. It outlines the actions the Commission will take as a body providing funding for scientific research from the Union budget.

(18)

Together with this Recommendation and the accompanying Communication the Commission is adopting a Communication on ‘A reinforced European Research Area partnership for excellence and growth’ in which it sets out the key priorities for completing the European Research Area, one of which is the optimal circulation, access to and transfer of scientific knowledge,

1.

Define clear policies for the dissemination of and open access to scientific publications resulting from publicly funded research. These policies should provide for:

Ensure that, as a result of these policies:

2.

Ensure that research funding institutions responsible for managing public research funding and academic institutions receiving public funding implement the policies by:

3.

Define clear policies for the dissemination of and open access to research data resulting from publicly funded research. These policies should provide for:

Ensure that, as a result of these policies:

4.

Reinforce the preservation of scientific information, by:

5.

Further develop e-infrastructures underpinning the system for disseminating scientific information by:

6.

Ensure synergies among national e-infrastructures at European and global level by:

7.

Participate in multi-stakeholder dialogues at national, European and/or international level on how to foster open access to and preservation of scientific information. Participants should in particular look at:

8.

Designate by the end of the year a national point of reference whose tasks will be:

9.

Inform the Commission 18 months from the publication of this Recommendation in the Official Journal of the European Union, and every two years thereafter, of action taken in response to the different elements of this Recommendation, in accordance with formalities to be defined and agreed. On this basis, the Commission will review the progress made across the EU to assess whether further action is needed to achieve the objectives laid down in this Recommendation.