ISSN 1977-0677
doi:10.3000/19770677.L_2013.090.eng
Official Journal
of the European Union
L 90
English edition
Legislation
Volume 56
28 March 2013
|
ISSN 1977-0677 doi:10.3000/19770677.L_2013.090.eng |
||
|
Official Journal of the European Union |
L 90 |
|
|
|
||
|
English edition |
Legislation |
Volume 56 |
|
|
|
|
|
(1) Text with EEA relevance |
|
EN |
Acts whose titles are printed in light type are those relating to day-to-day management of agricultural matters, and are generally valid for a limited period. The titles of all other Acts are printed in bold type and preceded by an asterisk. |
II Non-legislative acts
REGULATIONS
|
28.3.2013 |
EN |
Official Journal of the European Union |
L 90/1 |
COUNCIL IMPLEMENTING REGULATION (EU) No 295/2013
of 21 March 2013
amending Regulation (EC) No 192/2007 imposing a definitive anti-dumping duty on imports of polyethylene terephthalate originating, inter alia, in Taiwan following a ‘new exporter’ review pursuant to Article 11(4) of Regulation (EC) No 1225/2009
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to Council Regulation (EC) No 1225/2009 of 30 November 2009 on protection against dumped imports from countries not members of the European Community (1) (‘the basic Regulation’), and in particular Article 11(4) thereof,
Having regard to the proposal submitted by the European Commission after consulting the Advisory Committee,
Whereas:
A. MEASURES IN FORCE
|
(1) |
Regulation (EC) No 2604/2000 (2) imposed a definitive anti-dumping duty on imports of certain polyethylene terephthalate originating in India, Indonesia, Malaysia, the Republic of Korea, Taiwan and Thailand pursuant to Article 5 of the basic Regulation. |
|
(2) |
Following an expiry review pursuant to Article 11(2) of the basic Regulation, the Council, by Regulation (EC) No 192/2007 (3), decided that the abovementioned measures should be maintained. |
|
(3) |
By notice, published in the Official Journal of the European Union on 24 February 2012 (4), the European Commission (‘the Commission’) initiated another expiry review of the relevant measures pursuant to Article 11(2) of the basic Regulation. That investigation is ongoing in parallel and will be concluded in a separate legal act. |
B. CURRENT PROCEDURE
1. Request for a review
|
(4) |
The Commission has received a request to initiate a ‘new exporter’ review pursuant to Article 11(4) of the basic Regulation. The request was lodged by Lealea Enterprise Co., Ltd (‘the applicant’), an exporting producer in Taiwan (‘the country concerned’). |
|
(5) |
The applicant claimed that it did not export the product concerned to the Union during the period of investigation, i.e. the period from 1 October 1998 to 30 September 1999 (‘the original investigation period’). |
|
(6) |
Furthermore, the applicant claimed that it was not related to any of the exporting producers of the product concerned which are subject to the abovementioned anti-dumping measures. |
|
(7) |
The applicant further claimed that it had begun exporting the product concerned to the Union after the end of the original investigation period. |
2. Initiation of a new exporter review
|
(8) |
The Commission examined the prima facie evidence submitted by the applicant and considered it sufficient to justify the initiation of a review in accordance with Article 11(4) of the basic Regulation. After consultation of the Advisory Committee and after the Union industry concerned had been given the opportunity to comment, the Commission initiated, by Regulation (EU) No 653/2012 (5), a review of Regulation (EC) No 192/2007 with regard to the applicant. |
|
(9) |
Pursuant to Regulation (EU) No 653/2012, the anti-dumping duty of certain polyethylene terephthalate imposed by Regulation (EC) No 192/2007 was repealed with regard to imports of the product concerned produced and sold for export to the Union by the applicant. Simultaneously, pursuant to Article 14(5) of the basic Regulation, customs authorities were directed to take appropriate steps to register such imports. |
3. Product concerned
|
(10) |
The product concerned is polyethylene terephthalate (‘PET’) having a viscosity number of 78 ml/g or higher, according to International Organisation for Standardisation standard 1628-5, originating in Taiwan, currently falling within CN code 3907 60 20 (‘the product concerned’). |
4. Parties concerned
|
(11) |
The Commission officially advised the Union industry, the applicant and the representatives of the exporting country of the initiation of the review. Interested parties were given the opportunity to make their views known in writing and to be heard. |
|
(12) |
The Commission sent an anti-dumping questionnaire to the applicant and its related companies and received a reply within the deadline set for that purpose. |
|
(13) |
The Commission sought to verify all the information it deemed necessary for the determination of the new exporter status and dumping and verification visits were carried out at the premises of the applicant in Taiwan. |
5. Review investigation period
|
(14) |
The review investigation period of dumping covered the period from 1 January 2011 to 30 June 2012 (‘the review investigation period’ or ‘the RIP’). |
C. RESULTS OF THE INVESTIGATION
1. ‘New exporter’ qualification
|
(15) |
The investigation confirmed that the company had not exported the product concerned during the original investigation period and that it had started to export it to the Union after that period. |
|
(16) |
While quantities exported were limited, they were nevertheless found sufficient to establish a reliable dumping margin. They followed a pattern, in terms of shipment size and turnover per client, which was comparable to the behaviour of the applicant on third-country markets. |
|
(17) |
As concerns the other conditions for the recognition of a new exporter status, the company was able to demonstrate that it did not have any links, direct or indirect, with any of the Taiwanese exporting producers subject to the anti-dumping measures in force with regard to the product concerned. |
|
(18) |
Accordingly, it is confirmed that the company should be considered a ‘new exporter’ in accordance with Article 11(4) of the basic Regulation and thus an individual margin should be determined for it. |
2. Dumping
|
(19) |
The applicant produces the product concerned and sells it domestically and on export markets. The applicant sells directly to all markets. |
|
(20) |
In accordance with Article 2(2) of the basic Regulation, domestic sales were considered representative when the total domestic sales volume was at least 5 % of the total export sales volume to the Union. The Commission established that the applicant exported a single product type to the Union and that the same product type was sold domestically by the applicant in overall representative volumes. |
|
(21) |
The Commission also examined whether the sales of the product concerned sold domestically in representative quantities could be regarded as having been made in the ordinary course of trade pursuant to Article 2(4) of the basic Regulation. That was done by establishing the proportion of profitable domestic sales to independent customers. As there were sufficient sales in the ordinary course of trade, normal value was based on the actual domestic price. |
|
(22) |
The product concerned was exported directly to independent customers in the Union. Therefore, the export price was established in accordance with Article 2(8) of the basic Regulation, i.e. on the basis of export prices actually paid or payable. |
|
(23) |
The normal value and the export prices were compared on an ex-works basis. |
|
(24) |
For the purpose of ensuring a fair comparison between normal value and export price, due allowance in the form of adjustments was made for differences affecting price comparability in accordance with Article 2(10) of the basic Regulation. Adjustments for insurance, handling, loading and ancillary expenses and credit costs were granted in all cases where they were found to be reasonable, accurate and supported by verified evidence. |
|
(25) |
In accordance with Article 2(11) of the basic Regulation, the dumping margin was established on the basis of a comparison of a weighted average normal value with a weighted average of prices of all exports transactions to the Union. As there were a limited number of exports to the Union, the individual export prices to the Union were also compared to the weighted average normal value of the months in which each export occurred. |
|
(26) |
In both cases, those comparisons showed the existence of a de minimis dumping for the applicant that exported to the Union in the RIP. |
D. AMENDMENT OF MEASURES BEING REVIEWED
|
(27) |
The dumping margin with regard to the applicant, established for the RIP, was at de minimis level. It is therefore proposed that a duty of 0 EUR/tonne which is based on the de minimis dumping margin be imposed and that Regulation (EC) No 192/2007 be amended accordingly. |
E. REGISTRATION
|
(28) |
In the light of these findings, the registration of imports imposed by Regulation (EU) No 653/2012 should cease without any retroactive levying of the anti-dumping duties. |
F. DISCLOSURE AND DURATION OF THE MEASURES
|
(29) |
The parties concerned were informed of the essential facts and considerations on the basis of which it was intended to impose an anti-dumping duty of 0 EUR/tonne on imports of the product concerned from the applicant and to amend Regulation (EC) No 192/2007 accordingly. Their comments were considered and taken into account, where appropriate. |
|
(30) |
This review does not affect the date on which the measures imposed by Regulation (EC) No 192/2007 will expire pursuant to Article 11(2) of the basic Regulation, |
HAS ADOPTED THIS REGULATION:
Article 1
1. In Article 1(2) of Regulation (EC) No 192/2007, the following shall be inserted into the table under producers in Taiwan:
|
Country |
Company |
Anti-dumping duty (EUR/tonne) |
TARIC additional code |
|
‘Taiwan |
Lealea Enterprise Co., Ltd |
0 |
A996’ |
2. The customs authorities are hereby directed to cease the registration of imports of the product concerned originating in Taiwan produced by Lealea Enterprise Co., Ltd.
3. Unless otherwise specified, the provisions in force concerning customs duties shall apply.
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, 21 March 2013.
For the Council
The President
P. HOGAN
(1) OJ L 343, 22.12.2009, p. 51.
(2) OJ L 301, 30.11.2000, p. 21.
(3) OL L 59, 27.2.2007, p. 59.
(5) OJ L 188, 18.7.2012, p. 8.
|
28.3.2013 |
EN |
Official Journal of the European Union |
L 90/4 |
COUNCIL REGULATION (EU) No 296/2013
of 26 March 2013
amending Regulation (EC) No 329/2007 concerning restrictive measures against the Democratic People’s Republic of Korea
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty on the Functioning of the European Union, and in particular Article 215(1) thereof,
Having regard to the joint proposal of the High Representative of the Union for Foreign Affairs and Security Policy and of the European Commission,
Whereas:
|
(1) |
Council Regulation (EC) No 329/2007 (1) gives effect to measures provided for in Council Decision 2010/800/CFSP of 22 December 2010 concerning restrictive measures against the Democratic People’s Republic of Korea (2). |
|
(2) |
On 18 February 2013, the Council adopted Decision 2013/88/CFSP (3) amending Decision 2010/800/CFSP which provided for additional restrictive measures against the Democratic People’s Republic of Korea (‘North Korea’) by giving effect to the additional measures required by United Nations (UN) Security Council Resolution 2087 (2013) and to further autonomous measures of the Union. |
|
(3) |
Decision 2013/88/CFSP includes an additional criterion for autonomous designation by the Union of persons and entities subject to restrictive measures, namely persons involved in, including through the provision of financial services, the supply to or from North Korea of arms and related material of all types, or of items, materials, equipment, goods and technology which could contribute to North Korea’s nuclear-related, other weapons of mass destruction related or ballistic missile-related programmes. |
|
(4) |
Furthermore, Decision 2013/88/CFSP prohibits the sale, supply, transfer to North Korea of certain other goods relevant to North Korea’s weapons of mass destruction-related programmes, in particular its ballistic-missile sector, especially certain types of aluminium. |
|
(5) |
Decision 2013/88/CFSP also prohibits the sale, purchase, transportation or brokering of gold, precious metals and diamonds to, from or for the Government of North Korea and the delivery of newly printed or minted or unissued North Korean denominated banknotes and coinage to or for the benefit of the Central Bank of North Korea, as well as the sale or purchase of North Korean public or public-guaranteed bonds. Furthermore, Decision 2013/88/CFSP clarifies that where the Council has provided for a prohibition on financial services, this includes the provision of insurance and reinsurance services. This necessitates a technical amendment to Regulation (EC) No 329/2007. |
|
(6) |
Decision 2013/88/CFSP prohibits the opening of new branches, subsidiaries, or representative offices of North Korean banks in the territories of Member States, the establishment of new joint ventures, or the taking of an ownership interest by the North Korean banks, including the Central Bank of North Korea, with banks in the jurisdiction of Member States. |
|
(7) |
Moreover, in line with paragraph 13 of UN Security Council Resolution 2087 (2013), it is necessary to establish that no claims in connection with the performance of any contract or transaction affected by those measures shall be granted to designated persons or entities or any other person or entity in North Korea. |
|
(8) |
Regulation (EC) No 329/2007 should therefore be amended accordingly, |
HAS ADOPTED THIS REGULATION:
Article 1
Regulation (EC) No 329/2007 is hereby amended as follows:
|
(1) |
Article 2 is replaced by the following: ‘Article 2 1. It shall be prohibited:
2. Annex I shall include all items, materials, equipment, goods and technology, including software, which are dual-use items or technology as defined in Council Regulation (EC) No 428/2009 of 5 May 2009 setting up a Community regime for the control of exports, transfer, brokering and transit of dual- use items (4). Annex Ia shall include other items, materials, equipment, goods and technology which could contribute to North Korea’s nuclear-related, other weapons of mass destruction-related or ballistic missile-related programmes. Annex Ib shall include certain key components for the ballistic-missile sector. 3. It shall be prohibited to purchase, import or transport the goods and technology listed in Annexes I, Ia and Ib from North Korea, whether or not the item concerned originates in North Korea. |
|
(2) |
Article 3(1) is amended as follows:
|
|
(3) |
in the first subparagraph of Article 3a(1), the words ‘Annexes I and Ia’ are replaced by the words ‘Annexes I, Ia and Ib’; |
|
(4) |
the following articles are inserted: ‘Article 4a 1. It shall be prohibited:
2. Annex VII shall include gold, precious metals and diamonds subject to the prohibitions referred to in paragraph 1. Article 4b It shall be prohibited to sell, supply, transfer or export, directly or indirectly, newly printed or unissued North Korean denominated banknotes and minted coinage, to or for the benefit of the Central Bank of North Korea.’ ‘Article 5a 1. It shall be prohibited for credit and financial institutions falling within the scope of Article 16:
2. It shall be prohibited:
|
|
(5) |
Article 6(2) is replaced by the following: ‘2. All funds and economic resources belonging to, owned, held or controlled by the persons, entities and bodies listed in Annex V shall be frozen. Annex V shall include persons, entities and bodies not listed in Annex IV, who, in accordance with points (b), (c) and (d) of Article 5(1) of Council Decision 2010/800/CFSP of 22 December 2010 concerning restrictive measures against the Democratic People’s Republic of Korea (5) have been identified by the Council:
Annex V shall be reviewed at regular intervals and at least every 12 months. |
|
(6) |
the following articles are inserted: ‘Article 9a It shall be prohibited:
Article 9b 1. No claims in connection with any contract or transaction the performance of which has been affected, directly or indirectly, in whole or in part, by the measures imposed under this Regulation, including claims for indemnity or any other claim of this type, such as a claim for compensation or a claim under a guarantee, notably a claim for extension or payment of a bond, guarantee or indemnity, particularly a financial guarantee or financial indemnity, of whatever form, shall be satisfied, if they are made by:
2. The performance of a contract or transaction shall be regarded as having been affected by the measures imposed under this Regulation where the existence or content of the claim results directly or indirectly from those measures. 3. In any proceedings for the enforcement of a claim, the onus of proving that satisfying the claim is not prohibited by paragraph 1 shall be on the person seeking the enforcement of that claim. 4. This Article is without prejudice to the right of the persons, entities and bodies referred to in paragraph 1 to judicial review of the legality of the non-performance of contractual obligations in accordance with this Regulation.’; |
|
(7) |
the entries set out in Annex I to this Regulation are inserted in the existing Annex Ia to Regulation (EC) No 329/2007 after entry I.A1.020; |
|
(8) |
Annex II to this Regulation is inserted as Annex Ib to Regulation (EC) No 329/2007; |
|
(9) |
Annex III to this Regulation is added as Annex VII to Regulation (EC) No 329/2007. |
Article 2
This Regulation shall enter into force on the day following that of its publication in the Official Journal of the European Union.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 26 March 2013.
For the Council
The President
E. GILMORE
(2) OJ L 341, 23.12.2010, p. 32.
(3) OJ L 46, 19.2.2013, p. 28.
(4) OJ L 134, 29.5.2009, p. 1.’;
(5) OJ L 341, 23.12.2010, p. 32.’;
ANNEX I
|
‘I.A1.021 |
Steel alloys in sheet or plate form, having any of the following characteristics:
Note: the phrase alloys “capable of” encompasses alloys before or after heat treatment. Technical note: “nitrogen-stabilised duplex stainless steel” has a two-phase microstructure consisting of grains of ferritic and austenitic steel with the addition of nitrogen to stabilise the microstructure. |
1C116 1C216 |
||||
|
I.A1.022 |
Carbon-Carbon Composite material. |
1A002.b.1 |
||||
|
I.A1.023 |
Nickel alloys in crude or semi-fabricated form, containing 60 % by weight or more nickel. |
1C002.c.1.a |
||||
|
I.A1.024 |
Titanium alloys in sheet or plate form “capable of” an ultimate tensile strength of 900 MPa or more at 293 K (20 °C). Note: the phrase alloys ‘capable of’ encompasses alloys before or after heat treatment. |
1C002.b.3’ |
ANNEX II
‘ANNEX Ib
Goods referred to in the third subparagraph of Article 2(2)
|
7601 |
Unwrought aluminium |
|
7602 |
Aluminium waste and scrap |
|
7603 |
Aluminium powders and flakes |
|
7604 |
Aluminium bars, rods and profiles |
|
7605 |
Aluminium wire |
|
7606 |
Aluminium plates, sheets and strip, of a thickness exceeding 0,2 mm |
|
7608 |
Aluminium tubes and pipes |
|
7609 |
Aluminium tube or pipe fittings (for example, couplings, elbows, sleeves) |
|
7614 |
Stranded wire, cables, plaited bands and the like, of aluminium, not electrically insulated’ |
ANNEX III
‘ANNEX VII
List of gold, precious metals and diamonds referred to in Article 4a
|
HS Code |
Description |
|
7102 |
Diamonds, whether or not worked, but not mounted or set |
|
7106 |
Silver (including silver plated with gold or platinum), unwrought or in semi-manufactured forms, or in powder form |
|
7108 |
Gold (including gold plated with platinum), unwrought or in semi-manufactured forms, or in powder form |
|
7109 |
Base metals or silver, clad with gold, not further worked than semi-manufactured |
|
7110 |
Platinum, unwrought or in semi-manufactured forms, or in powder form |
|
7111 |
Base metals, silver or gold, clad with platinum, not further worked than semi-manufactured |
|
7112 |
Waste and scrap of precious metal or of metal clad with precious metal; other waste and scrap containing precious metal or precious-metal compounds, of a kind used principally for the recovery of precious metal’ |
|
28.3.2013 |
EN |
Official Journal of the European Union |
L 90/10 |
COUNCIL REGULATION (EU) No 297/2013
of 27 March 2013
amending Regulations (EU) No 44/2012, (EU) No 39/2013 and (EU) No 40/2013 as regards certain fishing opportunities
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty on the Functioning of the European Union, and in particular Article 43(3) thereof,
Having regard to the proposal from the European Commission,
Whereas:
|
(1) |
Council Regulation (EC) No 2371/2002 of 20 December 2002 on the conservation and sustainable exploitation of fisheries resources under the Common Fisheries Policy (1) requires that Union measures governing access to waters and resources and the sustainable pursuit of fishing activities be established taking into account available scientific, technical and economical advice and in particular reports drawn up by the Scientific, Technical and Economic Committee for Fisheries (STECF), as well as in the light of any advice received from Regional Advisory Councils. |
|
(2) |
It is incumbent upon the Council to adopt measures on the fixing and allocation of fishing opportunities, including certain conditions functionally linked thereto, as appropriate. Fishing opportunities should be distributed among Member States in such a way as to assure each Member State relative stability of fishing activities for each stock or fishery and having due regard to the objectives of the Common Fisheries Policy established in Regulation No (EC) 2371/2002. |
|
(3) |
By Regulation (EU) No 44/2012 (2), the Council fixed fishing opportunities for certain fish stocks and groups of fish stocks in EU waters, and for EU vessels in certain non-EU waters for 2012. By Regulations (EU) No 39/2013 (3) and (EU) No 40/2013 (4), the Council fixed fishing opportunities for certain fish stocks and groups of fish stocks in EU waters, and for EU vessels in certain non-EU waters for 2013. |
|
(4) |
In Regulation (EU) No 39/2013, it is appropriate to clarify the special condition for the fixing of fishing opportunities for horse mackerel in areas VIIIc and IX. |
|
(5) |
Additional fishing opportunities for Greenland halibut in NAFO 3LMNO became available for the Union in 2012 as a result of quota transfers between the Union and other Contracting Parties to the Northwest Atlantic Fisheries Organisation (NAFO). Consequently, for the year 2012, Annex IC to Regulation (EU) No 44/2012 should be amended with effect from 1 January 2012 so as to reflect those new fishing opportunities. These modifications concern the year 2012 only and are without prejudice to the principle of relative stability. |
|
(6) |
Fishing opportunities for EU and Norwegian vessels, and the conditions of access to fishery resources in each other's waters are established each year in the light of consultations on fishing rights held in accordance with the bilateral agreement on fisheries with Norway (5). Pending the conclusion of those consultations on the arrangements for 2013, Regulation (EU) No 40/2013 fixed provisional fishing opportunities for the stocks concerned. On 18 January 2013, the consultations with Norway were concluded. It is appropriate that the relevant provisions of Regulation (EU) No 40/2013 be amended accordingly. |
|
(7) |
Catch limits for sandeel in the International Council for the Exploration of the Sea (ICES) zone IIIa and in EU waters of ICES zones IIa and IV are provisionally laid down in Annex IA to Regulation (EU) No 40/2013. In February 2013, ICES published scientific advice for the stock of sandeel in EU waters of ICES divisions IIa and IIIa and ICES subarea IV. In accordance with that advice, the catch limits for management areas 1 and 2 should be fixed at 224 544 tonnes and 17 544 tonnes respectively. For management area 3, ICES advices a total catch limit of 78 331 tonnes. Since management area 3 covers both EU and Norwegian catches, the Union limit in this area should be set at no more than 40 000 tonnes. For management areas 4 and 6, catch and survey data were insufficient for ICES to conduct an age-based assessment. Consequently, in line with the approach adopted for other stocks in similar circumstances, it is appropriate to set catch limits in management areas 4 and 6 of 4 000 tonnes 336 tonnes respectively, which amounts to reductions of 20 % compared with the 2012 catch limits in those areas. In accordance with ICES advice, it is appropriate to fix catch limits of zero for management areas 5 and 7. Given that sandeel is a stock that is shared with Norway and given the availability of sandeel in EU waters in 2013, it is appropriate to provide for an exchange of quotas with Norway. Consequently, the amount allocated to Norway from the Union's share of the total allowable catch (TAC) should be fixed at the level of 22 450 tonnes of sandeel in management area 1 in exchange for 1 769 tonnes of North Norway cod, 131 tonnes of North Norway haddock, 250 tonnes of plaice in the North Sea and 95 tonnes of ling in the North Sea. Annex IA to Regulation (EU) No 40/2013 should therefore be amended accordingly. |
|
(8) |
The 9th Annual Meeting of the Western and Central Pacific Fisheries Commission (WCPFC), held in Manila from 2 to 9 December 2012, adopted new conservation and management measures for bigeye tuna, yellowfin tuna and skipjack tuna concerning fishing effort limitations, as well as measures for the closed area for fishing with fish aggregating devices (FADs). The WCPFC also agreed on management measures regarding the overlap area between WCPFC and the Inter-American Tropical Tuna Commission (IATTC). According to those measures, EU vessels listed in the register of both organisations must comply only with the IATTC conservation and management measures set out in Regulation (EU) No 40/2013 when fishing in the overlap area. Those WCPFC measures should be implemented in the law of the Union. |
|
(9) |
Under the provisions of International Commission for the Conservation of Atlantic Tunas (ICCAT) concerning the conservation of Atlantic swordfish, the Union may count up to 200 tonnes of its swordfish catch taken from the North Atlantic management area against its uncaught South Atlantic swordfish quota. The Union may also count up to 200 tonnes of its swordfish catch taken from the South Atlantic management area against its uncaught North Atlantic swordfish quota. Those provisions should be implemented in the law of the Union. |
|
(10) |
At its first annual meeting, held in 2013, the South Pacific Regional Fisheries Management Organisation (SPRFMO) fixed fishing opportunities consisting of a TAC for jack mackerel, including a modification of the associated reporting in this fishery, and effort limitations for pelagic and bottom fisheries. Those provisions should be implemented in the law of the Union. |
|
(11) |
Regulations (EU) No 39/2013 and (EU) No 40/2013 apply, in general, from 1 January 2013. This Regulation should apply from 1 January 2013 as regards amendments to those Regulations. Such retroactive application is without prejudice to the principles of legal certainty and protection of legitimate expectations as the fishing opportunities concerned have not yet been exhausted. The amendment to Regulation (EU) 44/2012 should apply as of 1 January 2012. Since the modification of some catch limits have an influence on the economic activities and the planning of the fishing season of EU vessels, it is necessary to amend Regulations (EU) No 44/2012, (EU) No 39/2013 and (EU) No 40/2013 urgently. For the same reason, this Regulation should enter into force immediately after its publication, |
HAS ADOPTED THIS REGULATION:
Article 1
Amendments to Regulation (EU) No 44/2012
Annex IC to Regulation (EU) No 44/2012 is hereby amended in accordance with the text set out in Annex I to this Regulation.
Article 2
Amendments to Regulation (EU) No 39/2013
Annex I to Regulation (EU) No 39/2013 is hereby amended in accordance with the text set out in Annex II to this Regulation.
Article 3
Amendments to Regulation (EU) No 40/2013
Regulation (EU) No 40/2013 is hereby amended as follows:
|
(1) |
in Article 4, the following point is added:
|
|
(2) |
Article 24 is replaced by the following: "Article 24 Pelagic fisheries - capacity limitation Member States having actively exercised pelagic fisheries activities in the SPRFMO Convention Area in 2007, 2008 or 2009 shall limit the total level of gross tonnage of vessels flying their flag and fishing for pelagic stocks in 2013 to the total Union level of 78 600 gross tonnage in that area." |
|
(3) |
Article 25 is replaced by the following: "Article 25 Pelagic fisheries - TACs 1. Only Member States having actively exercised pelagic fisheries activities in the SPRFMO Convention Area in 2007, 2008 or 2009, as specified in Article 24, may fish for pelagic stocks in that area in accordance with the TACs set out in Annex IJ. 2. The fishing opportunities set out in Annex IJ may only be fished under the condition that Member States send to the Commission, in order to communicate them to the SPRFMO Secretariat, the list of vessels actively fishing or engaged in transhipment in the SPRFMO Convention Area, records from vessel monitoring systems (VMS), monthly catch reports and, where available, port calls at the latest by the fifth day of the following month." |
|
(4) |
Article 29 is replaced by the following: "Article 29 Fishing effort limitations for bigeye tuna, yellowfin tuna, skipjack tuna Member States shall ensure that fishing days allocated to purse-seine vessels fishing for bigeye tuna (Thunnus obesus), yellowfin tuna (Thunnus albacares), and skipjack tuna (Katsuwonus pelamis) in the part of the WCPFC Convention Area in the high seas and located between 20 ° N and 20 ° S does not increase." |
|
(5) |
in Article 30 paragraph 1 is replaced by the following: "1. In the part of the WCPFC Convention Area located between 20 ° N and 20 ° S, fishing activities of purse-seine vessels making use of fish aggregating devices (FADs) shall be prohibited between 00:00 hours of 1 July 2013 and 24:00 hours of 31 October 2013. During that period, a purse-seine vessel may only engage in fishing operations within that part of the WCPFC Convention Area if it carries onboard an observer to monitor that at no time does the vessel:
|
|
(6) |
the following Article is inserted: "Article 30a Overlap area between IATTC and WCPFC 1. Vessels listed exclusively in the WCPFC register shall apply the measures set out in Articles 29 to 31 when fishing in the overlap area between IATTC and WCPFC as defined in point (n) of Article 4. 2. Vessels listed in both the WCPFC register and the IATTC register and vessels listed exclusively in the IATTC register shall apply the measures set out in point (a) of Article 27(1) and in Article 27(2) to (6) when fishing in the overlap area between IATTC and WCPFC as defined in point (n) of Article 4." |
|
(7) |
Annexes IA, IB, ID, IJ, III and VIII are hereby amended in accordance with the text set out in Annex III to this Regulation. |
Article 4
This Regulation shall enter into force on the day following that of its publication in the Official Journal of the European Union.
It shall apply from 1 January 2013.
However, Article 1 shall apply from 1 January 2012.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 27 March 2013.
For the Council
The President
E. GILMORE
(1) OJ L 358, 31.12.2002, p. 59.
(2) Council Regulation (EU) No 44/2012 of 17 January 2012 fixing for 2012 the fishing opportunities available in EU waters and, to EU vessels, in certain non-EU waters for certain fish stocks and groups of fish stocks which are subject to international negotiations or agreements (OJ L 25, 27.1.2012, p. 55).
(3) Council Regulation (EU) No 39/2013 of 21 January 2013 fixing for 2013 the fishing opportunities available to EU vessels for certain fish stocks and groups of fish stocks which are not subject to international negotiations or agreements (OJ L 23, 25.1.2013, p. 1).
(4) Council Regulation (EU) No 40/2013 of 21 January 2013 fixing for 2013 the fishing opportunities available in EU waters and, to EU vessels, in certain non- EU waters for certain fish stocks and groups of fish stocks which are subject to international negotiations or agreements (OJ L 23, 25.1.2013, p. 54).
(5) Agreement on fisheries between the European Economic Community and the Kingdom of Norway (OJ L 226, 29.8.1980, p. 48).
ANNEX I
In Annex IC to Regulation (EU) No 44/2012, the entry for Greenland halibut in NAFO 3LMNO is replaced by the following:
|
|
|||||||
|
Estonia |
328 |
Analytical TAC Article 3 of Regulation (EC) No 847/96 does not apply. Article 4 of Regulation (EC) No 847/96 does not apply. |
||||||
|
Germany |
335 |
|||||||
|
Latvia |
46 |
|||||||
|
Lithuania |
23 (1) |
|||||||
|
Spain |
4 486 |
|||||||
|
Portugal |
1 875 (2) |
|||||||
|
Union |
7 093 (3) |
|||||||
|
TAC |
12 098 |
|||||||
(1) To this quota, an additional quantity of 19,6 tonnes is added as a result of a transfer of fishing opportunities from a third country.
(2) To this quota, an additional quantity of 10 tonnes is added as a result of a transfer of fishing opportunities from a third country.
(3) To this quota, an additional quantity of 29,6 tonnes is added as a result of a transfer of fishing opportunities from third countries."
ANNEX II
|
1. |
In Part B of Annex I to Regulation (EU) No 39/2013, the entry for Horse mackerel in VIIIc is replaced by the following:
|
||||||||||||||||||||
|
2. |
In Part B of Annex I to Regulation (EU) No 39/2013, the entry for Horse mackerel in IX is replaced by the following:
|
||||||||||||||||||
|
3. |
In Part B of Annex I to Regulation (EU) No 39/2013, the entry for Horse mackerel in X; EU waters of CECAF is replaced by the following:
|
||||||||||||||||
|
4. |
In Part B of Annex I to Regulation (EU) No 39/2013, the entry for Horse mackerel in EU waters of CECAF is replaced by the following:
|
||||||||||||||||
(1) Of which, notwithstanding Article 19 of Regulation (EC) No 850/98 (), no more than 5 % may consist of horse mackerel between 12 and 14 cm. For the purposes of the control of that quantity, the conversion factor to be applied to the weight of the landings shall be 1,20.
(2) Council Regulation (EC) No 850/98 of 30 March 1998 for the conservation of fishery resources through technical measures for the protection of juveniles of marine organisms (OJ L 125, 27.4.1998, p. 1).
(3) Special condition: up to 5 % of this quota may be fished in IX (JAX/*09.).’
(4) Of which, notwithstanding Article 19 of Regulation (EC) No 850/98, no more than 5 % may consist of horse mackerel between 12 and 14 cm. For the purposes of the control of that quantity, the conversion factor to be applied to the weight of the landings shall be 1,20.
(5) Special condition: up to 5 % of this quota may be fished in VIIIc (JAX/*08C)."
(6) Waters adjacent to the Azores.
(7) Of which, notwithstanding Article 19 of Regulation (EC) No 850/98, no more than 5 % may consist of horse mackerel between 12 and 14 cm. For the purposes of the control of that quantity, the conversion factor to be applied to the weight of the landings shall be 1,20.
(8) Article 6 of this Regulation applies.
(9) Fixed at the same quantity as determined in accordance with footnote 3."
(10) Waters adjacent to Madeira.
(11) Of which, notwithstanding Article 19 of Regulation (EC) No 850/98, no more than 5 % may consist of horse mackerel between 12 and 14 cm. For the purposes of the control of that quantity, the conversion factor to be applied to the weight of the landings shall be 1,20.
(12) Article 6 of this Regulation applies.
(13) Fixed at the same quantity as determined in accordance with footnote 3.’
ANNEX III
|
1. |
Annex IA to Regulation (EU) No 40/2013 is amended as follows:
|
||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
|
2. |
Annex IB to Regulation (EU) No 40/2013 is amended as follows:
|
|||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
|
3. |
Annex ID to Regulation (EU) No 40/2013 is amended as follows:
|
||||||||||||||||||||||||||||||||||||||||||
|
4. |
Annex IJ to Regulation (EU) No 40/2013 is replaced by the following: "ANNEX IJ SPRFMO CONVENTION AREA
|
||||||||||||||||||||
|
5. |
Annex III to Regulation (EU) No 40/2013 is replaced by the following: "ANNEX III Maximum number of fishing authorisations for eu vessels fishing in third-country waters
|
|
6. |
Annex VIII to Regulation (EU) No 40/2013 is replaced by the following: "ANNEX VIII QUANTITATIVE LIMITATIONS OF FISHING AUTHORISATIONS FOR THIRD-COUNTRY VESSELS FISHING IN EU WATERS
|
(1) Excluding waters within six nautical miles of the UK baselines at Shetland, Fair Isle and Foula.
(2) At least 98 % of landings counted against this quota shall be of sandeel. By-catches of dab, mackerel and whiting to be counted against the remaining 2 % of the quota (OT1/*2A3A4).
Special condition:
Within the limits of the abovementioned quotas, no more than the quantities given below may be taken in the following sandeel management areas, as defined in Annex IIB:
|
||||||||||
|
|
1 |
2 |
3 |
4 |
5 |
6 |
7 |
|||
|
|
(SAN/234_1) |
(SAN/234_2) |
(SAN/234_3) |
(SAN/234_4) |
(SAN/234_5) |
(SAN/234_6) |
(SAN/234_7) |
|||
|
Denmark |
190 635 |
16 549 |
37 731 |
3 773 |
0 |
317 |
0 |
|||
|
United Kingdom |
4 167 |
362 |
825 |
82 |
0 |
7 |
0 |
|||
|
Germany |
292 |
25 |
58 |
6 |
0 |
0 |
0 |
|||
|
Sweden |
7 000 |
608 |
1 386 |
139 |
0 |
12 |
0 |
|||
|
Union |
202 094 |
17 544 |
40 000 |
4 000 |
0 |
336 |
0 |
|||
|
Norway |
22 450 |
0 |
0 |
0 |
0 |
0 |
0 |
|||
|
Total |
224 544 |
17 544 |
40 000 |
4 000 |
0 |
336 |
0" |
|||
(3) Exclusively for by-catches. No directed fisheries are permitted under this quota.
(4) To be fished in EU waters of IIa, IV, Vb, VI and VII (USK/*24X7C).
(5) Special condition: of which an incidental catch of other species of 25 % per ship, at any moment, is authorised in Vb, VI and VII. However, this percentage may be exceeded in the first 24 hours following the beginning of the fishing on a specific ground. The total incidental catch of other species in Vb, VI and VII shall not exceed 3 000 tonnes (OTH/*5B67-).
(6) Including ling. The quotas for Norway are: ling 6 140 tonnes (LIN/*5B67-), and tusk 2 923 tonnes (USK/*5B67-) and are interchangeable of up to 2 000 tonnes and shall only be fished with long-lines in Vb, VI and VII."
(7) Landings of herring taken in fisheries using nets with mesh sizes equal to or larger than 32 mm.
(8) Special condition: up to 50 % of this amount may be fished in EU waters of IV (HER/*04-C.)."
(9) Landings of herring taken in fisheries using nets with mesh sizes equal to or larger than 32 mm. Member States shall report separately their landings of herring in IVa (HER/04A.) and IVb (HER/04B.).
(10) Up to 50 000 tonnes of which may be taken in EU waters of IVa and IVb (HER/*4AB-C). Catches taken within this quota are to be deducted from Norway's share of the TAC.
Special condition:
Within the limits of the abovementioned quotas, no more than the quantities given below may be taken in the following zone:
|
|
Norwegian waters south of 62°N (HER/*04N-) () |
|
Union |
50 000 |
|
() Landings of herring taken in fisheries using nets with mesh sizes equal to or larger than 32 mm. Member States shall report separately their landings of herring in IVa (HER/*4AN.) and IVb (HER/*4BN.)." |
|
(11) Landings of herring taken in fisheries using nets with mesh sizes equal to or larger than 32 mm. Member States shall report separately their landings of herring in IVa (HER/*4AN.) and IVb (HER/*4BN.)."
(12) By-catches of cod, haddock, pollack and whiting and saithe are to be counted against the quota for these species."
(13) Exclusively for landings of herring taken as by-catch in fisheries using nets with mesh sizes smaller than 32 mm."
(14) Exclusively for landings of herring taken as by-catch in fisheries using nets with mesh sizes smaller than 32 mm."
(15) Exclusively for landings of herring taken in fisheries using nets with mesh sizes equal to or larger than 32 mm.
(16) Except Blackwater stock: reference is to the herring stock in the maritime region of the Thames estuary within a zone delimited by a rhumb line running due south from Landguard Point (51° 56′ N, 1° 19,1′ E) to latitude 51° 33′ N and hence due west to a point on the coast of the United Kingdom.
(17) Special condition: up to 50 % of this quota may be taken in IVb (HER/*04B.)."
(18) In addition to this quota, a Member State may grant to vessels flying its flag and participating in trials on fully documented fisheries an additional allocation within an overall limit of 12 % of the quota allocated to that Member State, under the conditions set out in Article 6 of this Regulation."
(19) In addition to this quota, a Member State may grant to vessels flying its flag and participating in trials on fully documented fisheries an additional allocation within an overall limit of 12 % of the quota allocated to that Member State, under the conditions set out in Article 6 of this Regulation.
(20) May be taken in EU waters. Catches taken within this quota are to be deducted from Norway's share of the TAC.
Special condition:
Within the limits of the abovementioned quotas, no more than the quantities given below may be taken in the following zone:
|
|
Norwegian waters of IV (COD/*04N-) |
|
Union |
19 099" |
(21) By-catches of haddock, pollack and whiting and saithe are to be counted against the quota for these species."
(22) In addition to this quota, a Member State may grant to vessels flying its flag and participating in trials on fully documented fisheries an additional allocation within an overall limit of 12 % of the quota allocated to that Member State, under the conditions set out in Article 6 of this Regulation."
(23) By-catches of cod, pollack and whiting and saithe are to be counted against the quota for these species."
(24) May be taken in EU waters. Catches taken within this quota are to be deducted from Norway's share of the TAC.
Special condition:
Within the limits of the abovementioned quotas, no more than the quantities given below may be taken in the following zone:
|
|
Norwegian waters of IV (WHG/*04N-) |
|
Union |
11 544" |
(25) By-catches of cod, haddock and saithe are to be counted against the quota for these species."
(26) Special condition: of which up to 64 % may be fished in Norwegian Economic Zone or in the fishery zone around Jan Mayen (WHB/*NZJM1).
(27) Transfers of this quota may be effected to VIIIc, IX and X; EU waters of CECAF 34.1.1. However, such transfers must be notified in advance to the Commission."
(28) Special condition: of which up to 64 % may be fished in Norwegian EEZ or in the fishery zone around Jan Mayen (WHB/*NZJM2)."
(29) To be counted against Norway's catch limits established under the Coastal States arrangement.
(30) Special condition: the catch in IV shall be no more than 28 408 tonnes, i.e. 25 % of Norway's access quota."
(31) Exclusively for by-catches. No directed fisheries are permitted under this quota.
(32) To be fished in EU waters of IIa, IV, Vb, VI and VII (BLI/*24X7C)."
(33) Special condition: of which an incidental catch of other species of 25 % per ship, at any moment, is authorised in Vb, VI and VII. However, this percentage may be exceeded in the first 24 hours following the beginning of the fishing on a specific ground. The total incidental catch of other species in VI and VII shall not exceed 3 000 tonnes (OTH/*6X14.).
(34) Including tusk. The quotas for Norway are: ling 6 140 tonnes and tusk 2 923 tonnes and are interchangeable of up to 2 000 tonnes and may only be fished with long-lines in Vb, VI and VII."
(35) By-catches of cod, haddock, pollack, whiting and saithe are to be counted against the quotas for these species."
(36) May only be taken in EU waters of IV and in IIIa (POK/*3A4-C). Catches taken within this quota are to be deducted from Norway's share of the TAC."
(37) To be fished north of 56° 30′ N (POK/*5614N)."
(38) By-catches of cod, haddock, pollack and whiting are to be counted against the quota for these species."
(39) To be taken in EU waters of IIa and VI. In VI this quantity may only be fished with long-lines (GHL/*2A6-C)."
(40) Special condition: including 242 tonnes to be taken in Norwegian waters south of 62° N (MAC/*04N-).
(41) When fishing in Norwegian waters, by-catches of cod, haddock, pollack and whiting and saithe are to be counted against the quotas for these species.
(42) May also be taken in Norwegian waters of IVa (MAC/*4AN.).
(43) To be deducted from Norway's share of the TAC (access quota). This amount includes the Norwegian share in the North Sea TAC of the amount of 39 599 tonnes. This quota may be fished in IVa only (MAC/*04A.), except for 3 000 tonnes that may be fished in IIIa (MAC/*03A.).
Special condition:
Within the limits of the abovementioned quotas, no more than the quantities given below may be taken in the following zones:
|
|
IIIa (MAC/*03A.) |
IIIa and IVbc (MAC/*3A4BC) |
IVb (MAC/*04B.) |
IVc (MAC/*04C.) |
VI, international waters of IIa, from 1 January to 31 March 2013 and in December 2013 (MAC/*2A6.) |
|
Denmark |
0 |
4 130 |
0 |
0 |
8 107 |
|
France |
0 |
490 |
0 |
0 |
0 |
|
The Netherlands |
0 |
490 |
0 |
0 |
0 |
|
Sweden |
0 |
0 |
390 |
10 |
1 573 |
|
United Kingdom |
0 |
490 |
0 |
0 |
0 |
|
Norway |
3 000 |
0 |
0 |
0 |
0" |
(44) May be fished in IIa, VIa north of 56° 30′ N, IVa, VIId, VIIe, VIIf and VIIh (MAC/*AX7H).
(45) An additional 28 362 tonnes of access quota may be fished by Norway North of 56°30′ N and counted against its catch limit (MAC/*N6530).
Special condition:
Within the limits of the abovementioned quotas, no more than the quantities given below may be taken in the following zones and periods specified below:
|
|
EU and Norwegian waters of IVa (MAC/*4A-EN) During the periods from 1 January to 15 February 2013 and from 1 September to 31 December 2013 |
Norwegian waters of IIa (MAC/*2AN-) |
|
Germany |
6 971 |
710 |
|
France |
4 648 |
473 |
|
Ireland |
23 237 |
2 366 |
|
The Netherlands |
10 166 |
1 035 |
|
United Kingdom |
63 905 |
6 507 |
|
Union |
108 927 |
11 091" |
(46) Special condition: quantities subject to exchanges with other Member States may be taken in VIIIa, VIIIb and VIIId (MAC/*8ABD.). However, the quantities provided by Spain, Portugal or France for exchange purposes and to be taken in VIIIa, VIIIb and VIIId shall not exceed 25 % of the quotas of the donor Member State.
Special condition:
Within the limits of the abovementioned quotas, no more than the quantities given below may be taken in the following zone:
|
|
VIIIb (MAC/*08B.) |
|
Spain |
2 157 |
|
France |
14 |
|
Portugal |
446" |
(47) Catches taken in IIa (MAC/*02A.) and IVa (MAC/*4A.) shall be reported separately."
(48) May be fished only in EU waters of IV (SOL/*04-C.)."
(49) At least 95 % of landings counted against this quota must be of sprat. By-catches of dab, whiting and haddock to be counted against the remaining 5 % of the quota (OTH/*03A.)."
(50) Including sandeel.
(51) At least 98 % of landings counted against this quota shall be of sprat. By-catches of dab and whiting to be counted against the remaining 2 % of the quota (OTH/*2AC4C)."
(52) Special condition: up to 5 % of this quota fished in division VIId may be accounted for as fished under the quota concerning the zone: EU waters of IIa, IVa, VI, VIIa-c,VIIe-k, VIIIa, VIIIb, VIIId and VIIIe; EU and international waters of Vb; international waters of XII and XIV (JAX/*2A-14).
(53) May only be fished in EU waters of IV (JAX/*04-C.).
(54) At least 95 % of landings counted against this quota must be of horse mackerel. By-catches of boarfish, haddock, whiting and mackerel are to be counted against the remaining 5 % of the quota (OTH/*4BC7D)."
(55) Special condition: up to 5 % of this quota fished in EU waters of IIa or IVa before 30 June 2013 may be accounted for as fished under the quota concerning the zone of EU waters of IVb, IVc and VIId (JAX/*4BC7D).
(56) Special condition: up to 5 % of this quota may be fished in VIId (JAX/*07D.).
(57) At least 95 % of landings counted against this quota must be of horse mackerel. By-catches of boarfish, haddock, whiting and mackerel are to be counted against the remaining 5 % of the quota (OTH/*2A-14)."
(58) At least 95 % of landings counted against this quota must be of Norway pout. By-catches of haddock and whiting to be counted against the remaining 5 % of the quota (OT2/*2A3A4).
(59) Quota may be fished in EU waters of ICES zones IIa, IIIa and IV only."
(60) By-catches of cod, haddock, pollack and whiting and saithe to be counted against the quotas for these species.
(61) Special condition: of which no more than 400 tonnes of horse mackerel (JAX/*04-N.)."
(62) Taken with long-lines only."
(63) Quota allocated by Norway to Sweden of "other species" at a traditional level.
(64) Including fisheries not specifically mentioned. Exceptions may be introduced after consultations, as appropriate."
(65) Limited to IIa and IV (OTH/*2A4-C).
(66) Including fisheries not specifically mentioned. Exceptions may be introduced after consultations, as appropriate."
(67) When reporting catches to the Commission the quantities fished in each of the following areas shall also be reported: NEAFC Regulatory Area, EU waters, Faroese waters, Norwegian waters, the fishery zone around Jan Mayen, the fishery protection zone around Svalbard.
(68) Catches taken against this quota are to be deducted from Norway's share of the TAC (access quota). This quota may be fished in EU waters north of 62° N.
Special condition:
Within the limits of the abovementioned Union share of the TAC, no more than 34 695 tonnes may be taken in the following zone:
Norwegian waters north of 62° N and the fishery zone around Jan Mayen
(HER/*2AJMN)"
(69) The area in East Greenland called the ‧Kleine Banke‧ is closed for all fisheries. This area is bounded by the following coordinates:
|
|
64°40' N 37°30′ W |
|
|
64°40' N 36°30′ W |
|
|
64°15' N 36°30′ W, and |
|
|
64°15' N 37°30′ W |
(70) May be fished in East or West Greenland. However, in East Greenland the fishery shall only be permitted:
|
— |
by trawlers from 1 July to 31 December 2013. |
|
— |
by longliners from 1 April to 31 December 2013. |
(71) The fishery shall be conducted with 100 % observer coverage and with Vessels Monitoring Systems (VMS). A maximum of 80 % of the quota can be taken in one of the areas below. In addition, a minimum effort of 10 hauls per vessel shall be conducted in each area:
|
Area |
Boundary |
||
|
North of 65° N East of 44°W |
||
|
Between 64°N and 65°N East of 44°W |
||
|
Between 62°N and 64°N East of 44°W |
||
|
South of 62°N East of 44°W |
||
|
South of 62°N West of 44°W |
||
|
North of 62°N West of 44°W" |
(72) Except Germany, Spain, France, Poland, Portugal and the United Kingdom.
(73) The allocation of the share of the cod stock available to the Union in the zone Spitzbergen and Bear Island and the associated by-catches of haddock are entirely without prejudice to the rights and obligations deriving from the 1920 Treaty of Paris.
(74) By-catches of haddock may represent up to 15 % per haul. The by-catch quantities of haddock are in addition to the quota for cod."
(75) To be fished with long-lines (HAL/*514GN)."
(76) To be fished with long-lines (HAL/*N1GRN)."
(77) Special condition: roundnose grenadier (Coryphaenoides rupestris) (RNG/514GRN) and rough-head grenadier (Macrourus berglax) (RHG/514GRN) shall not be targeted. They shall only be taken as by-catch and shall be reported separately.
(78) A total of 120 tonnes is allocated to Norway and can be fished in either this TAC zone or Greenland waters of NAFO 1 (GRV/514N1G). Special condition: roundnose grenadier (Coryphaenoides rupestris) (RNG/514N1G) and rough-head grenadier (Macrourus berglax) (RHG/514N1G) shall not be targeted. They shall only be taken as by-catch and shall be reported separately."
(79) Special condition: roundnose grenadier (Coryphaenoides rupestris) (RNG/N1GRN.) and rough-head grenadier (Macrourus berglax) (RHG/N1GRN.) shall not be targeted. They shall only be taken as by-catch and shall be reported separately.
(80) A total of 120 tonnes is allocated to Norway and can be fished in either this TAC zone or Greenland waters of V and XIV (GRV/514N1G). Special condition: roundnose grenadier (Coryphaenoides rupestris) (RNG/514N1G) and rough-head grenadier (Macrourus berglax) (RHG/514N1G) shall not be targeted. They shall only be taken as by-catch and shall be reported separately."
(81) Except Member States with more than 10 % of the Union quota.
(82) Member States with an assigned quota may access the "All Member States" quota only once they have exhausted their own quota.
(83) To be fished from 1 January until 30 April 2013. If a catch level of 70 % of this initial Union quota is attained by 15 April 2013, this Union quota shall automatically be increased by an additional amount of 5 775 tonnes, to be fished within the same period. That additional Union quota shall be considered to be allocated according to the same distribution key."
(84) Exclusively for by-catches. No directed fisheries are permitted under this quota."
(85) To be fished South of 68° N."
(86) To be fished by no more than 6 vessels at the same time."
(87) Exclusively for by-catches. No directed fisheries are permitted under this quota."
(88) May only be fished by trawl.
(89) Special condition: the quotas may be fished in the NEAFC Regulatory Area on the condition that the part of the quotas fished therein are reported separately (RED/*5-14P). When fished in the NEAFC Regulatory Area, it may only be taken as of 10 May 2013 as deep pelagic redfish, and only within the area (the "NEAFC box") bounded by the lines joining the following coordinates:
|
Point No |
Latitude N |
Longitude W |
|
1 |
64° 45′ |
28° 30′ |
|
2 |
62° 50′ |
25° 45′ |
|
3 |
61° 55′ |
26° 45′ |
|
4 |
61° 00′ |
26° 30′ |
|
5 |
59° 00′ |
30° 00′ |
|
6 |
59° 00′ |
34° 00′ |
|
7 |
61° 30′ |
34° 00′ |
|
8 |
62° 50′ |
36° 00′ |
|
9 |
64° 45′ |
28° 30′ |
(90) To be fished in the NEAFC box defined in footnote 2 only (RED/*5-14N)."
(91) Exclusively for by-catches. No directed fisheries are permitted under this quota."
(92) Special condition: up to 2,39 % of this amount may be fished in the Atlantic Ocean, South of 5° N (SWO/*AS05N).
(93) Except Spain and Portugal, and exclusively as by-catch."
(94) Special condition: up to 3,86 % of this amount may be fished in the Atlantic Ocean, North of 5° N (SWO/*AN05N)."
(95) Without prejudice to additional licences granted to Sweden by Norway in accordance with established practice."
(96) To issue those fishing authorisations, proof must be produced that a valid contract exists between the ship owner applying for the fishing authorisation and a processing undertaking situated in the Department of French Guiana, and that it includes an obligation to land at least 75 % of all snapper catches from the vessel concerned in that department so that they may be processed in that undertaking's plant. Such a contract must be endorsed by the French authorities, which shall ensure that it is consistent both with the actual capacity of the contracting processing undertaking and with the objectives for the development of the Guianese economy. A copy of the duly endorsed contract shall be appended to the fishing authorisation application. Where such an endorsement is refused, the French authorities shall give notification of this refusal and state their reasons for it to the party concerned and to the Commission."
|
28.3.2013 |
EN |
Official Journal of the European Union |
L 90/48 |
COUNCIL REGULATION (EU) No 298/2013
of 27 March 2013
amending Regulation (EC) No 314/2004 concerning certain restrictive measures in respect of Zimbabwe
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty on the Functioning of the European Union, and in particular Article 215 thereof,
Having regard to the joint proposal of the High Representative of the Union for Foreign Affairs and Security Policy and of the European Commission,
Whereas:
|
(1) |
Council Regulation (EC) No 314/2004 (1) implements several measures provided for by Council Decision 2011/101/CFSP (2), including the freezing of funds and economic resources of certain natural or legal persons, entities and bodies. |
|
(2) |
On 23 July 2012 and 18 February 2013, the Council concluded that a peaceful and credible constitutional referendum in Zimbabwe would represent an important milestone in the preparation of democratic elections justifying an immediate suspension of the majority of all remaining EU targeted restrictive measures against individuals and entities. |
|
(3) |
In view of the outcome of the Zimbabwean constitutional referendum of 16 March 2013 the Council has decided to suspend the travel ban and asset freeze applying to the majority of the individuals and entities set out in Annex I to Decision 2011/101/CFSP. The suspension should be subject to a review by the Council every three months in light of the situation on the ground. |
|
(4) |
Some of those measures fall within the scope of the Treaty on the Functioning of the European Union and regulatory action at the level of the Union is therefore necessary in order to implement them, in particular with a view to ensuring their uniform application by economic operators in all Member States. |
|
(5) |
Regulation (EC) No 314/2004 should therefore be amended accordingly. |
|
(6) |
In order to ensure that the measures provided for in this Regulation are effective, this Regulation must enter into force on the day following that of its publication, |
HAS ADOPTED THIS REGULATION:
Article 1
The application of Article 6 of Regulation (EC) No 314/2004 is suspended until 20 February 2014 in so far as it applies to persons and entities listed in the Annex to this Regulation. The suspension shall be reviewed every three months.
Article 2
This Regulation shall enter into force on the day following that of its publication in the Official Journal of the European Union.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 27 March 2013.
For the Council
The President
E. GILMORE
ANNEX
I. Persons
|
|
Name (and any aliases) |
|
1. |
Abu Basutu, Titus Mehliswa Johna |
|
2. |
Buka (a.k.a. Bhuka), Flora |
|
3. |
Bvudzijena, Wayne |
|
4. |
Charamba, George |
|
5. |
Chidarikire, Faber Edmund |
|
6. |
Chigwedere, Aeneas Soko |
|
7. |
Chihota, Phineas |
|
8. |
Chinamasa, Patrick Anthony |
|
9. |
Chindori-Chininga, Edward Takaruza |
|
10. |
Chinotimba, Joseph |
|
11. |
Chipwere, Augustine |
|
12. |
Chombo, Ignatius Morgan Chiminya |
|
13. |
Dinha, Martin |
|
14. |
Goche, Nicholas Tasunungurwa |
|
15. |
Gono, Gideon |
|
16. |
Gurira, Cephas T. |
|
17. |
Gwekwerere, Stephen (alias Steven) |
|
18. |
Kachepa, Newton |
|
19. |
Karakadzai, Mike Tichafa |
|
20. |
Kasukuwere, Saviour |
|
21. |
Kazangarare, Jawet |
|
22. |
Khumalo, Sibangumuzi |
|
23. |
Kunonga, Nolbert (a.k.a. Nobert) |
|
24. |
Kwainona, Martin |
|
25. |
Langa, Andrew |
|
26. |
Mabunda, Musarashana |
|
27. |
Machaya, Jason (a.k.a. Jaison) Max Kokerai |
|
28. |
Made, Joseph Mtakwese |
|
29. |
Madzongwe, Edna (a.k.a. Edina) |
|
30. |
Maluleke, Titus |
|
31. |
Mangwana, Paul Munyaradzi |
|
32. |
Marumahoko, Reuben |
|
33. |
Masuku, Angeline |
|
34. |
Mathema, Cain Ginyilitshe Ndabazekhaya |
|
35. |
Mathuthu, Thokozile (alias Sithokozile) |
|
36. |
Matibiri, Innocent Tonderai |
|
37. |
Matiza, Joel Biggie |
|
38. |
Matonga, Brighton (a.k.a Bright) |
|
39. |
Mhandu, Cairo (a.k.a. Kairo) |
|
40. |
Mhonda, Fidellis |
|
41. |
Midzi, Amos Bernard (Mugenva) |
|
42. |
Mnangagwa, Emmerson Dambudzo |
|
43. |
Mohadi, Kembo Campbell Dugishi |
|
44. |
Moyo, Jonathan Nathaniel |
|
45. |
Moyo, Sibusio Bussie |
|
46. |
Moyo, Simon Khaya |
|
47. |
Mpofu, Obert Moses |
|
48. |
Muchena, Henry |
|
49. |
Muchena, Olivia Nyembesi (a.k.a. Nyembezi) |
|
50. |
Muchinguri, Oppah Chamu Zvipange |
|
51. |
Mudede, Tobaiwa (a.k.a. Tonneth) |
|
52. |
Mujuru, Joyce Teurai Ropa |
|
53. |
Mumbengegwi, Simbarashe Simbanenduku |
|
54. |
Murerwa, Herbert Muchemwa |
|
55. |
Musariri, Munyaradzi |
|
56. |
Mushohwe, Christopher Chindoti |
|
57. |
Mutezo, Munacho Thomas Alvar |
|
58. |
Mutinhiri, Ambros (a.k.a. Ambrose) |
|
59. |
Mzembi, Walter |
|
60. |
Mzilikazi, Morgan S. |
|
61. |
Nguni, Sylvester Robert |
|
62. |
Nhema, Francis Chenayimoyo Dunstan |
|
63. |
Nyanhongo, Magadzire Hubert |
|
64. |
Nyoni, Sithembiso Gile Glad |
|
65. |
Rugeje, Engelbert Abel |
|
66. |
Rungani, Victor Tapiwa Chashe |
|
67. |
Sakupwanya, Stanley Urayayi |
|
68. |
Savanhu, Tendai |
|
69. |
Sekeramayi, Sydney (a.k.a. Sidney) Tigere |
|
70. |
Sekeremayi, Lovemore |
|
71. |
Shamu, Webster Kotiwani |
|
72. |
Shamuyarira, Nathan Marwirakuwa |
|
73. |
Shungu, Etherton |
|
74. |
Sibanda, Chris |
|
75. |
Sibanda, Misheck Julius Mpande |
|
76. |
Sigauke, David |
|
77. |
Sikosana, (a.k.a. Sikhosana), Absolom |
|
78. |
Tarumbwa, Nathaniel Charles |
|
79. |
Tomana, Johannes |
|
80. |
Veterai, Edmore |
|
81. |
Zimondi, Paradzai Willings |
II. Entities
|
|
Name |
|
1. |
Cold Comfort Farm Trust Co-operative |
|
2. |
Comoil (PVT) Ltd |
|
3. |
Famba Safaris |
|
4. |
Jongwe Printing and Publishing Company (PVT) Ltd (a.k.a. Jongwe Printing and Publishing Co., a.k.a. Jongwe Printing and Publishing Company) |
|
5. |
M & S Syndicate (PVT) Ltd |
|
6. |
OSLEG Ltd (a.k.a Operation Sovereign Legitimacy) |
|
7. |
Swift Investments (PVT) Ltd |
|
8. |
Zidco Holdings (a.k.a. Zidco Holdings (PVT) Ltd) |
|
28.3.2013 |
EN |
Official Journal of the European Union |
L 90/52 |
COMMISSION IMPLEMENTING REGULATION (EU) No 299/2013
of 26 March 2013
amending Regulation (EEC) No 2568/91 on the characteristics of olive oil and olive-residue oil and on the relevant methods of analysis
THE EUROPEAN COMMISSION,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to Council Regulation (EC) No 1234/2007 of 22 October 2007 establishing a common organisation of agricultural markets and on specific provisions for certain agricultural products (Single CMO Regulation) (1), and in particular Article 113, paragraph 1, point (a), and Article 121, first paragraph, point (a), in conjunction with Article 4 thereof,
Whereas:
|
(1) |
Commission Regulation (EEC) No 2568/91 of 11 July 1991 on the characteristics of olive oil and olive-residue oil and on the relevant methods of analysis (2) defines the chemical and organoleptic characteristics of olive and olive-residue oil and stipulates methods of assessing these characteristics. Those methods should be updated on the basis of the opinion of chemical experts and in line with the work carried out within the International Olive Council (hereinafter ‘IOC’). |
|
(2) |
Pursuant to Article 113(3) of Regulation (EC) No 1234/2007, Member States are to check whether olive oils and olive-residue oils conform to the marketing standards laid down in Regulation (EEC) No 2568/91 and are to apply penalties as appropriate. Articles 2 and 2a of Regulation (EEC) No 2568/91 provide detailed rules for those conformity checks. Those rules should ensure that olive oil for which a quality standard has been laid down effectively complies with that standard. The rules should be further detailed, including a risk analysis. For the purpose of those conformity checks, the term ‘marketed olive oil’ should be defined. |
|
(3) |
Experience has shown certain risks of fraud impeding the full effect of the consumer protection offered by Regulation (EEC) No 2568/91. Holders of olive oil should therefore keep entry and withdrawal for each category of oils in a register. In order to avoid excessive administrative burdens without undermining the objectives of the olive oil register, the gathering of information should be limited until the stage of bottling of olive oil. |
|
(4) |
In order to ensure the follow-up and evaluate the measures of Regulation (EEC) No 2568/91, Member States should notify the Commission not only of the national implementing measures, but also report results of the conformity checks. |
|
(5) |
In order to continue the process of harmonisation with the international standards laid down by the IOC certain methods of analysis laid down in Regulation (EEC) No 2568/91 should be updated. Consequently, the method of analysis provided for in Annex XVIII to that Regulation should be replaced by a more efficient method. It is also appropriate to remedy some inconsistencies and imperfections of the methods of analysis provided for in Annex IX thereto. |
|
(6) |
A transitional period is needed for Member States in order to apply the new rules laid down by this Regulation. |
|
(7) |
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. It is considered that the notification obligations provided for in Regulation (EEC) No 2568/91 can be fulfilled via that system in accordance with 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). |
|
(8) |
Regulation (EEC) No 2568/91 should therefore be amended accordingly. |
|
(9) |
The Management Committee for the Common Organisation of Agricultural Markets has not delivered an opinion within the time limit set by its chairman, |
HAS ADOPTED THIS REGULATION:
Article 1
Regulation (EEC) No 2568/91 is amended as follows:
|
(1) |
Article 2a is replaced by the following: ‘Article 2a 1. For the purpose of this Article, “olive oil marketed” means total quantity of olive oil and olive pomace oil of a relevant Member State that is consumed in that Member State or exported from that Member State. 2. Member States shall ensure that conformity checks are carried out selectively, based on a risk analysis, and with appropriate frequency, so as to ensure that the olive oil marketed is consistent with the category declared. 3. The criteria to assess the risk may include:
4. Member States shall lay down in advance:
At least one conformity check per thousand tonnes of olive oil marketed in the Member State shall be carried out per year. 5. Member States shall verify compliance by:
|
|
(2) |
Article 3 is replaced by the following: ‘Article 3 Where it is found that an oil does not correspond to its category description, the Member State concerned shall, without prejudice to any other penalties, apply effective, proportionate and dissuasive penalties to be determined in the light of the seriousness of the irregularity detected. Where checks reveal significant irregularities, Member States shall increase the frequency of checks in relation to marketing stage, oil category, origin, or other criteria.’; |
|
(3) |
the following Article 7a is inserted: ‘Article 7a Natural or legal persons and groups of persons who hold olive oil and olive pomace oil from the extraction at the mill up to the bottling stage included, for whatever professional or commercial purposes, shall be required to keep entry and withdrawal registers for each category of such oils. Member State shall ensure that the obligation laid down in the first paragraph is duly complied with.’; |
|
(4) |
Article 8 is replaced by the following: ‘Article 8 1. Member States shall notify the Commission of the measures implementing this Regulation. They shall inform the Commission of any subsequent amendments. 2. No later than 31 May of each year, Member States shall transmit to the Commission a report on the implementation of this Regulation during the previous calendar year. The report shall contain at least the results of the conformity checks carried out on olive oils as per the templates set out in Annex XXI. 3. The notifications referred to in this Regulation shall be made in accordance with Commission Regulation (EC) No 792/2009 (4). |
|
(5) |
Annex IX is replaced by the text set out in Annex I to this Regulation; |
|
(6) |
Annex XVIII is replaced by the text set out in Annex II to this Regulation; |
|
(7) |
Annex XXI, the text of which is set out in Annex III to this Regulation, is added. |
Article 2
This Regulation shall enter into force on the seventh day following that of its publication in the Official Journal of the European Union.
It shall apply from 1 January 2014. However, Article 8(2) shall apply from 1 January 2015.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 26 March 2013.
For the Commission
The President
José Manuel BARROSO
(1) OJ L 299, 16.11.2007, p. 1.
(4) OJ L 228, 1.9.2009, p. 3.’;
ANNEX I
ANNEX IX
SPECTROPHOTOMETRIC INVESTIGATION IN THE ULTRAVIOLET
FOREWORD
Spectrophotometric examination in the ultraviolet can provide information on the quality of a fat, its state of preservation and changes brought about in it by technological processes.
The absorption at the wavelengths specified in the method is due to the presence of conjugated diene and triene systems. These absorptions are expressed as specific extinctions E 1 % 1 cm (the extinction of 1 % solution of the fat in the specified solvent, in a thickness of 1 cm) conventionally indicated by K (also referred to as ‘extinction coefficient’).
1. SCOPE
The method describes the procedure for performing a spectrophotometric examination of olive oil (as described in the Appendix) in the ultraviolet.
2. PRINCIPLE OF THE METHOD
The fat in question is dissolved in the required solvent and the extinction of the solution is then determined at the specified wavelengths with reference to pure solvent. Specific extinctions are calculated from the spectrophotometer readings. The specific absorbance at 232 nm and 268 nm in iso-octane or 232 nm and 270 nm in cyclohexane for a concentration of 1 g per 100 ml in a 10 mm cell is calculated.
3. EQUIPMENT
3.1. A spectrophotometer for measuring extinction in the ultraviolet between 220 and 360 nm, with the possibility of reading individual nanometric units. Before use it is recommended that the wavelength and absorbance scales of the spectrometer be checked as follows.
|
3.1.1. |
Wavelength scale: This may be checked using a reference material consisting of an optical glass filter containing holmium oxide which has distinct absorption bands. The reference material is designed for the verification and calibration of the wavelength scales of visible and ultraviolet spectrophotometers having nominal spectral bandwidths of 5 nm or less. The holmium glass filter is measured in the absorbance mode against an air blank, over the wavelength range of 640 to 240 nm. For each spectral bandwidth (0,10 – 0,25 – 0,50 – 1,00 – 1,50 – 2,00 and 3,00), a baseline correction is performed with an empty cell holder. The wavelengths of the spectral bandwidth are listed in the certificate of the reference material in ISO 3656. |
|
3.1.2. |
Absorbance scale: This may be checked using a reference material consisting of 4 solutions of potassium dichromate in perchloric acid sealed in four UV quartz cells to measure the linearity and photometric accuracy reference in the UV. The potassium dichromate filled cells (40 mg/ml, 60 mg/ml, 80 mg/ml and 100 mg/ml) are measured against a perchloric acid blank. The net absorbance values are listed in the certificate of the reference material in ISO 3656. |
3.2. Rectangular quartz cells, with covers, having an optical length of 1 cm. When filled with water or other suitable solvent the cells should not show differences between them of more than 0,01 extinction units.
3.3. 25 ml graduated flasks.
3.4. Analytical balance, capable of being read to the nearest 0,0001 g.
4. REAGENTS
Use only reagents of recognized analytical grade, unless otherwise stated.
Solvent: Iso-octane (2,2,4-trimethylpentane) for the measurement at 232 nm and 268 nm or cyclohexane for the measurement at 232 nm and 270 nm, having an absorbance less than 0,12 at 232 nm and less than 0,05 at 250 nm against distilled water, measured in a 10 mm cell.
5. PROCEDURE
5.1. The sample in question must be perfectly homogeneous and without suspected impurities. Oils which are liquid at ambient temperature are to be filtered through paper at a temperature of approximately 30 °C, hard fats are to be homogenized and filtered at a temperature of not more than 10 °C above the melting point.
5.2. Weigh accurately approximately 0,25 g (to the nearest 1 mg) of the sample so prepared into a 25 ml graduated flask, make up to the mark with the solvent specified and homogenize. The resulting solution must be perfectly clear. If opalescence or turbidity is present filter quickly through paper.
5.3. Fill a quartz cell with the solution obtained and measure the extinctions at an appropriate wavelength between 232 and 276 nm, using the solvent used as a reference.
The extinction values recorded must lie within the range 0,1 to 0,8. If not the measurements must be repeated using more concentrated or more dilute solutions as appropriate.
NOTE: It may not be necessary to measure the absorbance over the full wavelength range.
6. EXPRESSION OF THE RESULTS
6.1. Record the specific extinctions (extinction coefficients) at the various wavelengths calculated as follows:
where:
|
Κλ |
= |
specific extinction at wavelength λ, |
|
Ελ |
= |
extinction measured at wavelength λ; |
|
c |
= |
concentration of the solution in g/100 ml; |
|
s |
= |
thickness of the quartz cells in cm. |
The results are to be expressed to two decimal places.
6.2. Variation of the specific extinction (ΔΚ)
Spectrophotometric analysis of olive oil in accordance with the official method in the Union legislation involves also the determination of the variation of the absolute value of the specific extinction (ΔΚ), which is given by:
where Km is the specific extinction at wavelength m, the wavelength for maximum absorption depends on the solvent used: 270 for cyclohexane and 268 for iso-octane.
Appendix
OLIVE OIL CHARACTERISTICS
|
Category |
Fatty acid methyl esters (FAMES) and fatty acid ethyl esters (FAEEs) |
Acidity (%) (*) |
Peroxide index mEq 02/kg (*) |
Waxes mg/kg (**) |
2 glyceril monopalmitate (%) |
Stigmastadiene mg/kg (1) |
Difference: ECN42 (HPLC) and ECN42 (theoretical calculation) |
K232 (*) |
K270 (*) ‧K 270 or K 268 (5)‧ |
Delta-K (*) (5) |
Organoleptic evaluation Median defect (Md) (*) |
Organoleptic evaluation Fruity median (Mf) (*) |
|
|
1. |
Extra virgin olive oil |
Σ FAME + FAEE ≤75 mg/kg or 75 mg/kg <Σ FAME + FAEE ≤150 mg/kg and (FAEE/FAME) ≤1,5 |
≤ 0,8 |
≤ 20 |
≤ 250 |
≤ 0,9 if total palmitic acid % ≤ 14 % |
≤ 0,10 |
≤ 0,2 |
≤ 2,50 |
≤ 0,22 |
≤ 0,01 |
Md = 0 |
Mf > 0 |
|
≤ 1,0 if total palmitic acid % > 14 % |
|||||||||||||
|
2. |
Virgin olive oil |
— |
≤ 2,0 |
≤ 20 |
≤ 250 |
≤ 0,9 if total palmitic acid % ≤ 14 % |
≤ 0,10 |
≤ 0,2 |
≤ 2,60 |
≤ 0,25 |
≤ 0,01 |
Md ≤ 3,5 |
Mf > 0 |
|
≤ 1,0 if total palmitic acid % > 14 % |
|||||||||||||
|
3. |
Lampante olive oil |
— |
> 2,0 |
— |
≤ 300 (3) |
≤ 0,9 if total palmitic acid % ≤ 14 % |
≤ 0,50 |
≤ 0,3 |
— |
— |
— |
Md > 3,5 (2) |
— |
|
≤ 1,1 if total palmitic acid % > 14 % |
|||||||||||||
|
4. |
Refined olive oil |
— |
≤ 0,3 |
≤ 5 |
≤ 350 |
≤ 0,9 if total palmitic acid % ≤ 14 % |
— |
≤ 0,3 |
— |
≤ 1,10 |
≤ 0,16 |
— |
— |
|
≤ 1,1 if total palmitic acid % > 14 % |
|||||||||||||
|
5. |
Olive oil composed of refined and virgin olive oils |
— |
≤ 1,0 |
≤ 15 |
≤ 350 |
≤ 0,9 if total palmitic acid % ≤ 14 % |
— |
≤ 0,3 |
— |
≤ 0,90 |
≤ 0,15 |
— |
— |
|
≤ 1,0 if total palmitic acid % > 14 % |
|||||||||||||
|
6. |
Crude olive-pomace oil |
— |
— |
— |
> 350 (4) |
≤ 1,4 |
— |
≤ 0,6 |
— |
— |
— |
— |
— |
|
7. |
Refined olive-pomace oil |
— |
≤ 0,3 |
≤ 5 |
> 350 |
≤ 1,4 |
— |
≤ 0,5 |
— |
≤ 2,00 |
≤ 0,20 |
— |
— |
|
8. |
Olive-pomace oil |
|
≤ 1,0 |
≤ 15 |
> 350 |
≤ 1,2 |
— |
≤ 0,5 |
— |
≤ 1,70 |
≤ 0,18 |
— |
— |
(1) Total isomers which could (or could not) be separated by capillary column.
(2) Or where the median defect is less than or equal to 3,5 and the fruity median is equal to 0.
(3) Oils with a wax content of between 300 mg/kg and 350 mg/kg are considered to be lampante olive oil if the total aliphatic alcohol content is less than or equal to 350 mg/kg or if the erythrodiol and uvaol content is less than or equal to 3,5 %.
(4) Oils with a wax content of between 300 mg/kg and 350 mg/kg are considered to be crude olive-pomace oil if the total aliphatic alcohol content is above 350 mg/kg and if the erythrodiol and uvaol content is greater than 3,5 %.
(5) K 270 if solvant is cyclohexane, K 268 if solvant is iso-octane.
ANNEX II
‘ANNEX XVIII
DETERMINATION OF THE DIFFERENCE BETWEEN ACTUAL AND THEORETICAL CONTENT OF TRIACYLGLYCEROLS WITH ECN 42
1. SCOPE
Determination of the absolute difference between the experimental values of triacylglycerols (TAGs) with equivalent carbon number 42 (ECN42HPLC) obtained by determination in the oil by high performance liquid chromatography and the theoretical value of TAGs with an equivalent carbon number of 42 (ECN 42theoretical) calculated from the fatty acid composition.
2. FIELD OF APPLICATION
The standard is applicable to olive oils. The method is applicable to the detection of the presence of small amounts of seed oils (rich in linoleic acid) in every class of olive oils.
3. PRINCIPLE
The content of triacylglycerols with ECN 42 determined by HPLC analysis and the theoretical content of triacylglycerols with ECN 42 (calculated on the basis of GLC determination of fatty acid composition) correspond within a certain limit for genuine olive oils. A difference larger than the values adopted for each type of oil points out that the oil contains seed oils.
4. METHOD
The method for the calculation of the theoretical content of triacylglycerols with ECN 42 and of the difference with respect to the HPLC data is essentially made by the coordination of analytical data obtained by means of other methods. It is possible to distinguish three phases: determination of fatty acid composition by capillary gas chromatography, calculation of theoretical composition of triacylglycerols with ECN 42, HPLC determination of ECN 42 triacylglycerols.
4.1. Apparatus
4.1.1. Round-bottomed flasks, 250 and 500 ml.
4.1.2. Beakers 100 ml.
4.1.3. Glass chromatographic column, 21 mm internal diameter, 450 mm length, with cock and normalised cone (female) at the top.
4.1.4. Separating funnels, 250 ml, with normalised cone (male) at the bottom, suitable for connection to the top of the column.
4.1.5. Glass rod, 600 mm length.
4.1.6. Glass funnel, 80 mm diameter.
4.1.7. Volumetric flasks, 50 ml.
4.1.8. Volumetric flasks, 20 ml.
4.1.9. Rotary evaporator.
4.1.10. High performance liquid chromatograph, allowing thermostatic control of column temperature.
4.1.11. Injection units for 10 μl delivery.
4.1.12. Detector: differential refractometer. The full scale sensitivity should be at least 10–4 units of refractive index.
4.1.13. Column: stainless steel tube 250 mm length x 4,5 mm internal diameter packed with 5 μm diameter particles of silica with 22 to 23 % carbon in the form of octadecylsilane.
4.1.14. Data processing software.
4.1.15. Vials, of about 2 ml volumes, with Teflon-layered septa and screw caps.
4.2. Reagents
The reagents should be of analytical purity. Elution solvents should be de-gassed, and may be recycled several times without effect on the separations.
4.2.1. Petroleum ether 40– 60 °C chromatographic grade or hexane.
4.2.2. Ethyl ether, peroxide-free, freshly distilled.
4.2.3. Elution solvent for purifying the oil by column chromatography mixture petroleum ether/ethyl ether 87/13 (v/v).
4.2.4. Silica gel, 70-230 mesh, type Merck 7734, with water content standardised at 5 % (w/w/).
4.2.5. Glass wool.
4.2.6. Acetone for HPLC.
4.2.7. Acetonitrile or propionitrile for HPLC.
4.2.8. HPLC elution solvent: acetonitrile + acetone (proportions to be adjusted to obtain the desired separation; begin with 50:50 mixture) or propionitrile.
4.2.9. Solubilisation solvent: acetone.
4.2.10. Reference triglycerides: commercial triglycerides (tripalmitin, triolein, etc.) may be used and the retention times then plotted in accordance with the equivalent carbon number, or alternatively reference chromatograms obtained from soya oil, mixture 30:70 soya oil — olive oil and pure olive oil (see notes 1 and 2 and figures 1 to 4).
4.2.11. Solid phase extraction column with silica phase 1 g, 6 ml.
4.3. Sample preparation
As a number of interfering substances can give rise to false positive results, the sample must always be purified according to IUPAC method 2.507, used for the determination of polar compounds in frying fats.
4.3.1. Chromatographic column preparation
Fill the column (4.1.3) with about 30 ml of elution solvent (4.2.3), then introduce inside the column some glass wool (4.2.5) pushing it to the bottom of the column by means of the glass rod (4.1.5).
In a 100 ml beaker, suspend 25 g of silica gel (4.2.4) in 80 ml of elution mixture (4.2.3), then transfer it to the column by means of a glass funnel (4.1.6).
To ensure the complete transfer of the silica gel to the column, wash the beaker with the elution mixture and transfer the washing portions to the column too.
Open the cock and let the solvent elute from the column until its level is about 1 cm over the silica gel.
4.3.2. Column chromatography
Weigh with the accuracy of 0,001 g, 2,5 ± 0,1 g of oil, previously filtered, homogenised and anhydrified, if necessary, in a 50 ml volumetric flask (4.1.7).
Dissolve it in about 20 ml of elution solvent (4.2.3). If necessary, slightly heat it to make the dissolution easily. Cool at room temperature and adjust the volume with elution solvent.
By means of a volumetric pipette, introduce 20 ml of solution inside the column prepared according to 4.3.1, open the cock and let the solvent elute to the silica gel layer level.
Then elute with 150 ml of elution solvent (4.2.3), adjusting the solvent rate at about 2 ml/min (150 ml will take about 60-70 minutes to pass through the column).
The eluate is recovered in a 250 ml round-bottomed flask (4.1.1) previously tared in an oven and exactly weighed. Eliminate the solvent at reduced pressure in a rotary evaporator (4.1.9) and weigh the residue that will be used to prepare the solution for HPLC analysis and for methyl ester preparation.
The sample recovery from the column must be 90 % at least for the extra virgin, virgin, ordinary, refined and olive oil categories, and a minimum of 80 % for lampante and olive-pomace oils.
4.3.3. SPE purification
Silica SPE column is activated by passing 6 ml of hexane (4.2.3) under vacuum, avoiding dryness.
Weigh to an accuracy of 0,001 g, 0,12 g in a 2 ml vial (4.1.15) and dissolve with 0,5 ml of hexane (4.2.3).
Load the SPE column with the solution and elute with 10 ml of hexane-diethyl ether (87:13 v/v) (4.2.3) under vacuum.
The collected fraction is evaporated to dryness in a rotary evaporator (4.1.9) under reduced pressure at room temperature. The residue is dissolved in 2 ml of acetone (4.2.6) for triacylglycerol (TAG) analysis.
4.4. HPLC analysis
4.4.1. Preparation of the samples for chromatographic analysis
A 5 % solution of the sample to be analysed is prepared by weighing 0,5 ± 0,001 g of the sample into a 10 ml graduated flask and making up to 10 ml with the solubilisation solvent (4.2.9).
4.4.2. Procedure
Set up the chromatographic system. Pump elution solvent (4.2.8) at a rate of 1,5 ml/min to purge the entire system. Wait until a stable base line is obtained.
Inject 10 μl of the sample prepared as in point 4.3.
4.4.3. Calculation and expression of results
Use the area normalisation method, i.e. assume that the sum of the areas of the peaks corresponding to TAGs from ECN 42 up to ECN 52 is equal to 100 %.
Calculate the relative percentage of each triglyceride using the formula:
.
The results should be given to at least two decimal places.
See notes 1 to 4.
4.5. Calculation of triacylglycerols composition (moles %) from fatty acid composition data (area %)
4.5.1. Determination of fatty acid composition
Fatty acid composition is determined by ISO 5508 by means of a capillary column. The methyl esters are prepared according to COI/T.20/Doc. No 24.
4.5.2. Fatty acids for calculation
Glycerides are grouped by their Equivalent Carbon Number (ECN), taking into account the following equivalencies between ECN and fatty acids. Only fatty acids with 16 and 18 carbon atoms were taken into consideration, because only these are important for olive oil. The fatty acids should be normalised to 100 %.
|
Fatty acid (FA) |
Abbreviation |
Molecular weight (MW) |
ECN |
|
Palmitic acid |
P |
256,4 |
16 |
|
Palmitoleic acid |
Po |
254,4 |
14 |
|
Stearic acid |
S |
284,5 |
18 |
|
Oleic acid |
O |
282,5 |
16 |
|
Linoleic acid |
L |
280,4 |
14 |
|
Linolenic acid |
Ln |
278,4 |
12 |
4.5.3. Conversion of area % into moles for all fatty acids (1)
|
|
|
|
|
|
|
|
4.5.4. Normalisation of fatty acid moles to 100 % (2)
The result gives the percentage of each fatty acid in moles % in the overall (1, 2, 3–) position of the TAGs.
Then the sum of the saturated fatty acids P and S (SFA) and the unsaturated fatty acids Po, O, L and Ln (UFA) are calculated (3):
4.5.5. Calculation of the fatty acid composition in 2- and 1, 3- positions of TAGs
The fatty acids are distributed to three pools as follows: one for 2- position and two identical for 1- and 3- positions, with different coefficients for the saturated (P and S) and unsaturated acids (Po, O, L and Ln).
4.5.5.1. Saturated fatty acids in 2-position [P(2) and S(2)] (4):
4.5.5.2. Unsaturated fatty acids in 2-position [Po(2), O(2), L(2) and Ln(2)] (5):
4.5.5.3. Fatty acids in 1,3-positions [P(1,3), S(1,3), Po(1,3), O(1,3), L(1,3) and Ln(1,3)] (6):
4.5.6. Calculation of triacylglycerols
4.5.6.1. TAGs with one fatty acid (AAA, here LLL, PoPoPo) (7)
4.5.6.2. TAGs with two fatty acids (AAB, here PoPoL, PoLL) (8)
4.5.6.3. TAGs with three different fatty acids (ABC, here OLLn, PLLn, PoOLn, PPoLn) (9)
4.5.6.4. Triacylglycerols with ECN42
The triacylglycerols with ECN42 are calculated according to equations 7, 8 and 9 and are then given in order of expected elution in HPLC (normally only three peaks).
|
|
LLL |
|
|
PoLL and the positional isomer LPoL |
|
|
OLLn and the positional isomers OLnL and LnOL |
|
|
PoPoL and the positional isomer PoLPo |
|
|
PoOLn and the positional isomers OPoLn and OLnPo |
|
|
PLLn and the positional isomers LLnP and LnPL |
|
|
PoPoPo |
|
|
SLnLn and the positional isomer LnSLn |
|
|
PPoLn and the positional isomers PLnPo and PoPLn |
The triacylglycerols with ECN42 are given by the sum of the nine triacylglycerols including their positional isomers. The results should be given to at least two decimal places.
5. EVALUATION OF THE RESULTS
The calculated theoretical content and the content determined by the HPLC analysis are compared. If the difference in the absolute value of the HPLC data minus the theoretical data is greater than the values stated for the appropriate oil category in the standard, the sample contains seed oil.
Results are given to two decimal figures.
6. EXAMPLE (THE NUMBERS REFER TO THE SECTIONS IN THE TEXT OF THE METHOD)
— 4.5.1. Calculation of moles % fatty acids from GLC data (normalised area %)
The following data are obtained for the fatty acid composition by GLC:
|
FA |
P |
S |
Po |
O |
L |
Ln |
|
MW |
256,4 |
284,5 |
254,4 |
282,5 |
280,4 |
278,4 |
|
Area % |
10,0 |
3,0 |
1,0 |
75,0 |
10,0 |
1,0 |
— 4.5.3 Conversion of area % into moles for all fatty acids (see formula (1))
|
moles P |
= |
|
|
moles S |
= |
|
|
moles Po |
= |
|
|
moles O |
= |
|
|
moles L |
= |
|
|
moles Ln |
= |
|
|
Total |
= |
0,35821 moles TAGs |
— 4.5.4 Normalisation of fatty acid moles to 100 % (see formula (2))
|
moles % P(1,2,3) |
= |
|
|
moles % S(1,2,3) |
= |
|
|
moles % Po(1,2,3) |
= |
|
|
moles % O(1,2,3) |
= |
|
|
moles % L(1,2,3) |
= |
|
|
moles % Ln(1,2,3) |
= |
|
|
Total moles % |
= |
100 % |
Sum of the saturated and unsaturated fatty acids in the 1,2,3-position of TAGs (see formula (3)):
— 4.5.5 Calculation of the fatty acid composition in 2- and 1,3-positions of the TAGs
— 4.5.5.1 Saturated fatty acids in 2-position [P(2) and S(2)] (see formula (4))
— 4.5.5.2 Unsaturated fatty acids in 2-position [Po(1,3), O(1,3), L(1,3) and Ln(1,3)] (see formula (5))
— 4.5.5.3 Fatty acids in 1,3-positions [P(1,3), S(1,3), Po(1,3), O(1,3), L(1,3) and Ln(1,3)] (see formula (6))
— 4.5.6. Calculation of triacylglycerols
From the calculated fatty acid composition in sn-2- and sn-1,3-positions:
|
FA in |
1,3-pos |
2-pos |
|
P |
16,004 % |
0,653 % |
|
S |
4,325 % |
0,177 % |
|
Po |
1,015 % |
1,262 % |
|
O |
68,526 % |
85,296 % |
|
L |
9,204 % |
11,457 % |
|
Ln |
0,927 % |
1,153 % |
|
Sum |
100,0 % |
100,0 % |
the following triacylglycerols are calculated:
|
|
LLL |
|
|
PoPoPo |
|
|
PoLL with 1 positional isomer |
|
|
SLnLn with 1 positional isomer |
|
|
PoPoL with 1 positional isomer |
|
|
PPoLn with 2 positional isomers |
|
|
OLLn with 2 positional isomers |
|
|
PLLn with 2 positional isomers |
|
|
PoOLn with 2 positional isomers |
— 4.5.6.1. TAGs with one fatty acid (LLL, PoPoPo) (see formula (7))
, = 0,09706 mol LLL
— 4.5.6.2 TAGs with two fatty acids (PoLL, SLnLn, PoPoL) (see formula (8))
0,03210 mol PoLL
0,00094 mol SLnLn
0,00354 mol PoPoL
— 4.5.6.3 TAGs with three different fatty acids (PoPLn, OLLn, PLLn, PoOLn) See formula (9)
0,00761 mol PPoLn
0,43655 mol OLLn
0,06907 mol PLLn
0,04812 mol PoOLn
ECN42 = 0,69512 mol TAGs
Note 1: The elution order can be determined by calculating the equivalent carbon numbers, often defined by the relation 
, where CN is the carbon number and n is the number of double bonds; it can be calculated more precisely by taking into account the origin of the double bond. If no, nl and nln are the numbers of double bonds attributed to oleic, linoleic and linolenic acids respectively, the equivalent carbon number can be calculated by means of the relation of the formula:
where the coefficient do, dl and dln can be calculated by means of the reference triglycerides. Under the conditions specified in this method, the relation obtained will be close to:
Note 2: With several reference triglycerides, it is also possible to calculate the resolution with respect to triolein:
triolein
by use of the reduced retention time 
The graph of log α against f (number of double bonds) enables the retention values to be determined for all the triglycerides of fatty acids contained in the reference triglycerides — see Figure 1.
Note 3: The efficiency of the column should permit clear separation of the peak of trilinolein from the peaks of the triglycerides with an adjacent RT. The elution is carried out up to ECN 52 peak.
Note 4: A correct measure of the areas of all peaks of interest for the present determination is ensured if the second peak corresponding to ECN 50 is 50 % of full scale of the recorder.
Figure 1
Graph of log α against f (number of double bonds)
Figure 2
Low linoleic olive oil
(a)
(b)
Figure 3
High linoleic olive oil
(a)
(b)
ANNEX III
‘ANNEX XXI
Results of conformity checks carried out on olive oils referred to in Article 8(2)
|
|
Labelling |
Chemical parameters |
Organoleptic characteristics (4) |
Final conclusion |
|||||||||||||
|
Sample |
Category |
Country of origin |
Place of inspection (1) |
Legal name |
Designation of origin |
Storage conditions |
Erroneous information |
Legibility |
C/NC (3) |
Parameters out of limit Y/N |
If so, please indicate which one(s) (2) |
C/NC (3) |
Median defect |
Fruity Median |
C/NC (3) |
Required action |
Sanction |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
(1) Internal market (mill, bottlers, retail stage), export, import.
(2) Each characteristic of olive oil set out in Annex I shall have a code.
(3) Conform/not conform.
(4) Not required for olive oil and pomace-oil.’
|
28.3.2013 |
EN |
Official Journal of the European Union |
L 90/71 |
COMMISSION IMPLEMENTING REGULATION (EU) No 300/2013
of 27 March 2013
amending Regulation (EU) No 605/2010 laying down animal and public health and veterinary certification conditions for the introduction into the European Union of raw milk and dairy products intended for human consumption
(Text with EEA relevance)
THE EUROPEAN COMMISSION,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to Council Directive 2002/99/EC of 16 December 2002 laying down the animal health rules governing the production, processing, distribution and introduction of products of animal origin for human consumption (1), and in particular the introductory phrase of Article 8, the first subparagraph of point (1) and point (4) of Article 8 and Article 9(4) thereof,
Having regard to Regulation (EC) No 854/2004 of the European Parliament and of the Council of 29 April 2004 laying down specific rules for the organisation of official controls on products of animal origin intended for human consumption (2), and in particular Article 11(1) thereof,
Whereas:
|
(1) |
Commission Regulation (EU) No 605/2010 (3) lays down the public and animal health conditions and certification requirements for the introduction into the Union of consignments of raw milk and dairy products and the list of third countries from which the introduction into the Union of such consignments is authorised. |
|
(2) |
Annex I to Regulation (EU) No 605/2010 sets out a list of third countries or parts thereof authorised for the introduction into the Union of consignments of raw milk and dairy products and indicates the type of heat treatment required for such commodities. Article 4 of Regulation (EU) No 605/2010 provides that Member States are to authorise the importation of consignments of dairy products derived from raw milk of cows, ewes, goats or buffaloes from the third countries or parts thereof at risk of foot-and-mouth disease, which are listed in column C of Annex I to that Regulation, provided that such dairy products have undergone, or been produced from raw milk which has undergone, a heat treatment as referred to in that Article. |
|
(3) |
The risk arising from imports into the Union of dairy products produced from raw milk of camels of the species Camelus dromedarius (dromedary camels) from third countries or parts thereof at risk of foot-and-mouth disease listed in column C of Annex I to Regulation (EU) No 605/2010 is not greater than from imports of dairy products derived from raw milk of cows, ewes, goats or buffaloes, provided that such dairy products have undergone, or been produced from raw milk which has undergone, the heat treatments referred to in Article 4 of that Regulation. Accordingly, that Article should be amended to cover dairy products derived from raw milk of that species. |
|
(4) |
In addition, the Emirate of Dubai of the United Arab Emirates, which is a third country not listed by the World Organisation for Animal Health as being free of foot-and-mouth disease, has expressed an interest in exporting to the Union dairy products produced from raw milk derived from dromedary camels after physical or chemical treatment in accordance with Article 4 of Regulation (EU) No 605/2010 and has submitted information in accordance with Regulation (EC) No 882/2004 of the European Parliament and of the Council of 29 April 2004 on official controls performed to ensure the verification of compliance with feed and food law, animal health and animal welfare rules (4). |
|
(5) |
The Commission inspection service audited with satisfactory results the animal and public health controls on the production of milk derived from dromedary camels in the Emirate of Dubai. In addition, the recommendations of the Commission inspection service were adequately addressed by the Emirate of Dubai. |
|
(6) |
Based on that information, it can be concluded that the Emirate of Dubai can provide the necessary guarantees to ensure that dairy products produced in the Emirate of Dubai from raw milk of dromedary camels are in conformity with the applicable animal and public health requirements for imports into the Union of dairy products from third countries or parts thereof at risk of foot-and-mouth disease listed in column C of Annex I to Regulation (EU) No 605/2010. |
|
(7) |
In order to authorise imports into the Union of dairy products produced from dromedary camel milk from certain parts of the territory of the United Arab Emirates, the Emirate of Dubai should be added to the list of third countries or parts thereof referred to in Annex I to Regulation (EU) No 605/2010, with an indication that the authorisation provided for in Column C of that list applies only to dairy products produced from milk of that species. |
|
(8) |
The model of health certificate ‘Milk-HTC’ in Part 2 of Annex II to Regulation (EU) No 605/2010 should be amended in order to include a reference to dairy products produced from milk of dromedary camels. |
|
(9) |
Certain dairy products covered by Regulation (EU) No 605/2010 do not fall within the commodity codes (HS codes) referred to in the model health certificates for dairy products. In order to allow a more precise identification of those commodities in the model health certificates, it is necessary to add the missing HS codes 15.17 (margarine) and 28.35 (phosphates) in the respective models of the health certificates ‘Milk-HTB’, ‘Milk-HTC’ and ‘Milk-T/S’ in Annex II to that Regulation. |
|
(10) |
Regulation (EU) No 605/2010 should therefore be amended accordingly. |
|
(11) |
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
Regulation (EU) No 605/2010 is amended as follows:
|
(1) |
in Article 4(1), the introductory phrase is replaced by the following: ‘Member States shall authorise the importation of consignments of dairy products derived from raw milk of cows, ewes, goats, buffaloes or, where specifically authorised in Annex I, from camels of the species Camelus dromedarius from the third countries or parts thereof at risk of foot-and-mouth disease listed in column C of Annex I, provided that such dairy products have undergone, or been produced from raw milk which has undergone, a heat treatment involving:’; |
|
(2) |
Annexes I and II are amended in accordance with the Annex to this Regulation. |
Article 2
This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.
It shall apply from 1 April 2013.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 27 March 2013.
For the Commission
The President
José Manuel BARROSO
(1) OJ L 18, 23.1.2003, p. 11.
(2) OJ L 139, 30.4.2004, p. 206.
(3) OJ L 175, 10.7.2010, p. 1.
(4) OJ L 165, 30.4.2004, p. 1.
ANNEX
The Annexes to Regulation (EU) No 605/2010 are amended as follows:
|
(1) |
Annex I is amended as follows:
|
|
(2) |
in Annex II, Part 2 is amended as follows:
|
|
28.3.2013 |
EN |
Official Journal of the European Union |
L 90/78 |
COMMISSION REGULATION (EU) No 301/2013
of 27 March 2013
amending Regulation (EC) No 1126/2008 adopting certain international accounting standards in accordance with Regulation (EC) No 1606/2002 of the European Parliament and of the Council as regards Annual Improvements to International Financial Reporting Standards, 2009-2011 Cycle
(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 1606/2002 of the European Parliament and of the Council of 19 July 2002 on the application of international accounting standards (1), and in particular Article 3(1) thereof,
Whereas:
|
(1) |
By Commission Regulation (EC) No 1126/2008 (2) certain international standards and interpretations that were in existence at 15 October 2008 were adopted. |
|
(2) |
On 17 May 2012, the International Accounting Standards Board (IASB) published Annual Improvements to International Financial Reporting Standards 2009-2011 Cycle (the improvements), in the framework of its regular improvement process which aims at streamlining and clarifying the standards. The objective of the improvements is to address non-urgent, but necessary issues discussed by the IASB during the project cycle that began in 2009 on areas of inconsistency in International Financial Reporting Standard (IFRSs) or where clarification of wording is required. Three of the improvements, namely the amendments to Appendix D of IFRS 1, International Accounting Standard (IAS) 16, and IAS 34, are clarifications or corrections of the respective standards. The other three improvements, namely the amendments to IFRS 1, IAS 1, and IAS 32, involve changes to the existing requirements or additional guidance on the implementation of those requirements. |
|
(3) |
The consultation with the Technical Expert Group (TEG) of the European Financial Reporting Advisory Group (EFRAG) confirms that the improvements meet the technical criteria for adoption set out in Article 3(2) of Regulation (EC) No 1606/2002. |
|
(4) |
Regulation (EC) No 1126/2008 should therefore be amended accordingly. |
|
(5) |
The measures provided for in this Regulation are in accordance with the opinion of the Accounting Regulatory Committee, |
HAS ADOPTED THIS REGULATION:
Article 1
The Annex to Regulation (EC) No 1126/2008 is amended as follows:
|
(1) |
International Financial Reporting Standard (IFRS) 1 First-time Adoption of International Financial Reporting Standards is amended as set out in the Annex to this Regulation; |
|
(2) |
International Accounting Standard (IAS) 1 Presentation of Financial Statements is amended as set out in the Annex to this Regulation; |
|
(3) |
IFRS 1 First-time Adoption of International Financial Reporting Standards and IAS 34 Interim Financial Reporting are amended in accordance with IAS 1 as set out in the Annex to this Regulation; |
|
(4) |
IAS 16 Property, Plant and Equipment is amended as set out in the Annex to this Regulation; |
|
(5) |
IAS 32 Financial Instruments: Presentation is amended as set out in the Annex to this Regulation; |
|
(6) |
International Financial Reporting Interpretations Committee's (IFRIC) Interpretation 2 Members’ Shares in Co-operative Entities and Similar Instruments is amended in accordance with IAS 32 as set out in the Annex to this Regulation; |
|
(7) |
IAS 34 Interim Financial Reporting is amended as set out in the Annex to this Regulation. |
Article 2
Each company shall apply the amendments referred to in Article 1, at the latest, as from the commencement date of its first financial year starting on or after 1 January 2013.
Article 3
This Regulation shall enter into force on the third day following that of its publication in the Official Journal of the European Union.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 27 March 2013.
For the Commission
The President
José Manuel BARROSO
(1) OJ L 243, 11.9.2002, p. 1.
(2) OJ L 320, 29.11.2008, p. 1.
ANNEX
INTERNATIONAL ACCOUNTING STANDARDS
|
IFRS 1 |
|
||
|
IAS 1 |
|
||
|
IAS 16 |
|
||
|
IAS 32 |
|
||
|
IAS 34 |
|
"Reproduction allowed within the European Economic Area. All existing rights reserved outside the EEA, with the exception of the right to reproduce for the purposes of personal use or other fair dealing. Further information can be obtained from the IASB at www.iasb.org"
Amendment to IFRS 1 First-time Adoption of International Financial Reporting Standards
Paragraphs 4A–4B, 23A–23B and 39P are added.
SCOPE
|
4A |
Notwithstanding the requirements in paragraphs 2 and 3, an entity that has applied IFRSs in a previous reporting period, but whose most recent previous annual financial statements did not contain an explicit and unreserved statement of compliance with IFRSs, must either apply this IFRS or else apply IFRSs retrospectively in accordance with IAS 8 Accounting Policies, Changes in Estimates and Errors as if the entity had never stopped applying IFRSs. |
|
4B |
When an entity does not elect to apply this IFRS in accordance with paragraph 4A, the entity shall nevertheless apply the disclosure requirements in paragraphs 23A–23B of IFRS 1, in addition to the disclosure requirements in IAS 8. |
PRESENTATION AND DISCLOSURE
Explanation of transition to IFRSs
|
23A |
An entity that has applied IFRSs in a previous period, as described in paragraph 4A, shall disclose:
|
|
23B |
When an entity, in accordance with paragraph 4A, does not elect to apply IFRS 1, the entity shall explain the reasons for electing to apply IFRSs as if it had never stopped applying IFRSs. |
EFFECTIVE DATE
|
39P |
Annual Improvements 2009–2011 Cycle, issued in May 2012, added paragraphs 4A–4B and 23A–23B. An entity shall apply that amendment retrospectively in accordance with IAS 8 Accounting Policies, Changes in Accounting Estimates and Errors for annual periods beginning on or after 1 January 2013. Earlier application is permitted. If an entity applies that amendment for an earlier period it shall disclose that fact. |
Amendment to Appendix D of IFRS 1 First-time Adoption of International Financial Reporting Standards
Paragraph D23 is amended and paragraph 39Q is added.
Borrowing costs
|
D23 |
A first-time adopter can elect to apply the requirements of IAS 23 from the date of transition or from an earlier date as permitted by paragraph 28 of IAS 23. From the date on which an entity that applies this exemption begins to apply IAS 23, the entity:
|
EFFECTIVE DATE
|
39Q |
Annual Improvements 2009–2011 Cycle, issued in May 2012, amended paragraph D23. An entity shall apply that amendment retrospectively in accordance with IAS 8 Accounting Policies, Changes in Accounting Estimates and Errors for annual periods beginning on or after 1 January 2013. Earlier application is permitted. If an entity applies that amendment for an earlier period it shall disclose that fact. |
Amendment to IAS 1 Presentation of Financial Statements
Paragraphs 10, 38 and 41 are amended. Paragraphs 39 and 40 are deleted. Paragraphs 38A–38D, 40A–40D and 139L are added (even though the content of paragraphs 38A and 38B is based on previous paragraphs 39 and 40 that have now been deleted) as well as the headings before paragraphs 38, 38C and 40A.
Complete set of financial statements
|
10 |
A complete set of financial statements comprises:
|
An entity may use titles for the statements other than those used in this Standard. For example, an entity may use the title ‘statement of comprehensive income’ instead of ‘statement of profit or loss and other comprehensive income’.
Comparative information
|
38 |
Except when IFRSs permit or require otherwise, an entity shall present comparative information in respect of the preceding period for all amounts reported in the current period’s financial statements. An entity shall include comparative information for narrative and descriptive information if it is relevant to understanding the current period’s financial statements. |
|
38A |
An entity shall present, as a minimum, two statements of financial position, two statements of profit or loss and other comprehensive income, two separate statements of profit or loss (if presented), two statements of cash flows and two statements of changes in equity, and related notes. |
|
38B |
In some cases, narrative information provided in the financial statements for the preceding period(s) continues to be relevant in the current period. For example, an entity discloses in the current period details of a legal dispute, the outcome of which was uncertain at the end of the preceding period and is yet to be resolved. Users may benefit from the disclosure of information that the uncertainty existed at the end of the preceding period and from the disclosure of information about the steps that have been taken during the period to resolve the uncertainty. |
|
38C |
An entity may present comparative information in addition to the minimum comparative financial statements required by IFRSs, as long as that information is prepared in accordance with IFRSs. This comparative information may consist of one or more statements referred to in paragraph 10, but need not comprise a complete set of financial statements. When this is the case, the entity shall present related note information for those additional statements. |
|
38D |
For example, an entity may present a third statement of profit of loss and other comprehensive income (thereby presenting the current period, the preceding period and one additional comparative period). However, the entity is not required to present a third statement of financial position, a third statement of cash flows or a third statement of changes in equity (ie an additional financial statement comparative). The entity is required to present, in the notes to the financial statements, the comparative information related to that additional statement of profit or loss and other comprehensive income. |
|
39 |
[Deleted] |
|
40 |
[Deleted] |
|
40A |
An entity shall present a third statement of financial position as at the beginning of the preceding period in addition to the minimum comparative financial statements required in paragraph 38A if:
|
|
40B |
In the circumstances described in paragraph 40A, an entity shall present three statements of financial position as at:
|
|
40C |
When an entity is required to present an additional statement of financial position in accordance with paragraph 40A, it must disclose the information required by paragraphs 41–44 and IAS 8. However, it need not present the related notes to the opening statement of financial position as at the beginning of the preceding period. |
|
40D |
The date of that opening statement of financial position shall be as at the beginning of the preceding period regardless of whether an entity’s financial statements present comparative information for earlier periods (as permitted in paragraph 38C). |
|
41 |
If an entity changes the presentation or classification of items in its financial statements, it shall reclassify comparative amounts unless reclassification is impracticable. When an entity reclassifies comparative amounts, it shall disclose (including as at the beginning of the preceding period):
|
TRANSITION AND EFFECTIVE DATE
|
139L |
Annual Improvements 2009–2011 Cycle, issued in May 2012, amended paragraphs 10, 38 and 41, deleted paragraphs 39–40 and added paragraphs 38A–38D and 40A–40D. An entity shall apply that amendment retrospectively in accordance with IAS 8 Accounting Policies, Changes in Accounting Estimates and Errors for annual periods beginning on or after 1 January 2013. Earlier application is permitted. If an entity applies that amendment for an earlier period it shall disclose that fact. |
Consequential amendments to other standards resulting from the amendment to IAS 1
The following amendments to other IFRSs are necessary to ensure consistency with the revised IAS 1.
Amendment to IFRS 1 First-time Adoption of International Financial Reporting Standards
Paragraph 21 is amended and paragraph 39R is added.
PRESENTATION AND DISCLOSURE
Comparative information
|
21 |
An entity’s first IFRS financial statements shall include at least three statements of financial position, two statements of profit or loss and other comprehensive income, two separate statements of profit or loss (if presented), two statements of cash flows and two statements of changes in equity and related notes, including comparative information for all statements presented. |
EFFECTIVE DATE
|
39R |
Annual Improvements 2009–2011 Cycle, issued in May 2012, amended paragraph 21. An entity shall apply that amendment retrospectively in accordance with IAS 8 Accounting Policies, Changes in Accounting Estimates and Errors for annual periods beginning on or after 1 January 2013. Earlier application is permitted. If an entity applies that amendment for an earlier period it shall disclose that fact. |
Amendment to IAS 34 Interim Financial Reporting
Paragraph 5 is amended and paragraph 52 is added.
CONTENT OF AN INTERIM FINANCIAL REPORT
|
5 |
IAS 1 defines a complete set of financial statements as including the following components:
An entity may use titles for the statements other than those used in this Standard. For example, an entity may use the title ‘statement of comprehensive income’ instead of ‘statement of profit or loss and other comprehensive income’. |
EFFECTIVE DATE
|
52 |
Annual Improvements 2009–2011 Cycle, issued in May 2012, amended paragraph 5 as a consequential amendment derived from the amendment to IAS 1 Presentation of Financial Statements. An entity shall apply that amendment retrospectively in accordance with IAS 8 Accounting Policies, Changes in Accounting Estimates and Errors for annual periods beginning on or after 1 January 2013. Earlier application is permitted. If an entity applies that amendment for an earlier period it shall disclose that fact. |
Amendment to IAS 16 Property, Plant and Equipment
Paragraph 8 is amended and paragraph 81G is added.
RECOGNITION
|
8 |
Items such as spare parts, stand-by equipment and servicing equipment are recognised in accordance with this IFRS when they meet the definition of property, plant and equipment. Otherwise, such items are classified as inventory. |
EFFECTIVE DATE
|
81G |
Annual Improvements 2009–2011 Cycle, issued in May 2012, amended paragraph 8. An entity shall apply that amendment retrospectively in accordance with IAS 8 Accounting Policies, Changes in Accounting Estimates and Errors for annual periods beginning on or after 1 January 2013. Earlier application is permitted. If an entity applies that amendment for an earlier period it shall disclose that fact. |
Amendment to IAS 32 Financial Instruments: Presentation
Paragraphs 35, 37 and 39 are amended and paragraphs 35A and 97M are added.
PRESENTATION
Interest, dividends, losses and gains
(see also paragraph AG37)
|
35 |
Interest, dividends, losses and gains relating to a financial instrument or a component that is a financial liability shall be recognised as income or expense in profit or loss. Distributions to holders of an equity instrument shall be recognised by the entity directly in equity. Transaction costs of an equity transaction shall be accounted for as a deduction from equity. |
|
35A |
Income tax relating to distributions to holders of an equity instrument and to transaction costs of an equity transaction shall be accounted for in accordance with IAS 12 Income Taxes. |
|
37 |
An entity typically incurs various costs in issuing or acquiring its own equity instruments. Those costs might include registration and other regulatory fees, amounts paid to legal, accounting and other professional advisers, printing costs and stamp duties. The transaction costs of an equity transaction are accounted for as a deduction from equity to the extent that they are incremental costs directly attributable to the equity transaction that otherwise would have been avoided. The costs of an equity transaction that is abandoned are recognised as an expense. |
|
39 |
The amount of transaction costs accounted for as a deduction from equity in the period is disclosed separately in accordance with IAS 1. |
EFFECTIVE DATE AND TRANSITION
|
97M |
Annual Improvements 2009–2011 Cycle, issued in May 2012, amended paragraphs 35, 37 and 39 and added paragraph 35A. An entity shall apply that amendment retrospectively in accordance with IAS 8 Accounting Policies, Changes in Accounting Estimates and Errors for annual periods beginning on or after 1 January 2013. Earlier application is permitted. If an entity applies that amendment for an earlier period it shall disclose that fact. |
Consequential amendments to other standards resulting from the amendment to IAS 32
The following amendments to other IFRSs are necessary to ensure consistency with the revised IAS 32.
Amendment to IFRIC 2 Members’ Shares in Co-operative Entities and Similar Instruments
Paragraph 11 is amended and paragraph 17 is added.
CONSENSUS
|
11 |
As required by paragraph 35 of IAS 32, distributions to holders of equity instruments are recognised directly in equity. Interest, dividends and other returns relating to financial instruments classified as financial liabilities are expenses, regardless of whether those amounts paid are legally characterised as dividends, interest or otherwise. |
EFFECTIVE DATE
|
17 |
Annual Improvements 2009–2011 Cycle, issued in May 2012, amended paragraph 11. An entity shall apply that amendment retrospectively in accordance with IAS 8 Accounting Policies, Changes in Accounting Estimates and Errors for annual periods beginning on or after 1 January 2013. If an entity applies that amendment to IAS 32 as a part of the Annual Improvements 2009–2011 Cycle (issued in May 2012) for an earlier period, the amendment in paragraph 11 shall be applied for that earlier period. |
Amendment to IAS 34 Interim Financial Reporting
Paragraph 16A is amended and paragraph 53 is added.
CONTENT OF AN INTERIM FINANCIAL REPORT
Other disclosures
|
16A |
In addition to disclosing significant events and transactions in accordance with paragraphs 15–15C, an entity shall include the following information in the notes to its interim financial statements, if not disclosed elsewhere in the interim financial report. The information shall normally be reported on a financial year-to-date basis.
|
EFFECTIVE DATE
|
53 |
Annual Improvements 2009–2011 Cycle, issued in May 2012, amended paragraph 16A. An entity shall apply that amendment retrospectively in accordance with IAS 8 Accounting Policies, Changes in Accounting Estimates and Errors for annual periods beginning on or after 1 January 2013. Earlier application is permitted. If an entity applies that amendment for an earlier period it shall disclose that fact. |
|
28.3.2013 |
EN |
Official Journal of the European Union |
L 90/86 |
COMMISSION IMPLEMENTING REGULATION (EU) No 302/2013
of 27 March 2013
amending Regulation (EC) No 616/2007 opening and providing for the administration of Community tariff quotas in the sector of poultrymeat originating in Brazil, Thailand and other third countries
THE EUROPEAN COMMISSION,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to Council Regulation (EC) No 1234/2007 of 22 October 2007 establishing a common organisation of agricultural markets and on specific provisions for certain agricultural products (Single CMO Regulation) (1), and in particular Articles 144(1) and 148, in conjunction with Article 4 thereof,
Whereas:
|
(1) |
Commission Regulation (EC) No 616/2007 (2) provides for the administration of tariff quotas in the sector of poultrymeat originating in Brazil, Thailand and other third countries. |
|
(2) |
The minimum and maximum quantities applicable to applications for import rights and import licences should be amended and harmonised in order to avoid inconsistencies. |
|
(3) |
With the view of improving and harmonising the management of the quotas, the security for certain quotas and the validity of the import licences should be adjusted and the import licences for certain groups should not be transferable. |
|
(4) |
It should be specified in the Annex that the allocation of certain quotas for other countries should, in some cases, include also either Brazil or Thailand. |
|
(5) |
Regulation (EC) No 616/2007 should therefore be amended accordingly. |
|
(6) |
The Management Committee for the Common Organisation of Agricultural Markets has not delivered an opinion within the time limit set by its Chair, |
HAS ADOPTED THIS REGULATION:
Article 1
Regulation (EC) No 616/2007 is amended as follows:
|
(1) |
Article 4 is amended as follows:
|
|
(2) |
in Article 5, paragraph 2 is replaced by the following: ‘2. A security of EUR 50 per 100 kilograms shall be lodged at the time of submission of the licence application for Groups Nos 2, 3, 6A, 6B and 8. For Groups Nos 1, 4A, 4B and 7, the security shall be set at EUR 10 per 100 kilograms and for import rights applications for Groups Nos 5A and 5B the security shall be set at EUR 35 per 100 kilograms.’; |
|
(3) |
Article 7 is replaced by the following: ‘Article 7 1. By way of derogation from Article 22 of Commission Regulation (EC) No 376/2008 (3), the import licences and import rights shall be valid from the first day of the quota period or subperiod for which the application was lodged, and until 30 June of the same quota period. However, for Groups Nos 5A and 5B licences shall be valid for 15 working days from the actual date of issuing of the licence, in accordance with Article 22(2) of Regulation (EC) No 376/2008. 2. By way of derogation from Article 8(1) of Regulation (EC) No 376/2008, the rights deriving from licences for groups other than Groups Nos 5A and 5B are not transferable. 3. Without prejudice to Article 8(1) of Regulation (EC) No 376/2008, the rights deriving from the licences for Group Nos 5A and 5B may be transferred only to transferees satisfying the eligibility conditions set out in Article 5 of Regulation (EC) No 1301/2006 and Article 4(1) and (2) of this Regulation. |
|
(4) |
Annex I is replaced by the text set out in the Annex I to this Regulation; |
|
(5) |
Annex II to this Regulation is added as Part E to Annex II. |
Article 2
This Regulation shall enter into force on the third day following that of its publication in the Official Journal of the European Union.
This Regulation shall be binding in its entirety and directly applicable in the Member States.
Done at Brussels, 27 March 2013.
For the Commission
The President
José Manuel BARROSO
(1) OJ L 299, 16.11.2007, p. 1.
(3) OJ L 114, 26.4.2008, p. 3.’;
ANNEX I
‘ANNEX I
Poultry meat, salted or in brine (1)
|
Country |
Group No |
Management periodicity |
Order number |
CN Code |
Customs duty |
Annual quantity (tonnes) |
Minimum per application |
Maximum per application |
|
Brazil |
1 |
Quarterly |
09.4211 |
ex 0210 99 39 |
15,4 % |
170 807 |
100 t |
10 % |
|
Thailand |
2 |
Quarterly |
09.4212 |
ex 0210 99 39 |
15,4 % |
92 610 |
100 t |
5 % |
|
Other |
3 |
Annual |
09.4213 |
ex 0210 99 39 |
15,4 % |
828 |
10 t |
10 % |
Preparations of poultry meat other than turkey
|
Country |
Group No |
Management periodicity |
Order number |
CN Code |
Customs duty |
Annual quantity (tonnes) |
Minimum per application |
Maximum per application |
|
Brazil |
4A |
Quarterly |
09.4214 |
1602 32 19 |
8 % |
79 477 |
100 t |
10 % |
|
09.4251 |
1602 32 11 |
630 EUR/t |
15 800 |
100 t |
10 % |
|||
|
09.4252 |
1602 32 30 |
10,9 % |
62 905 |
100 t |
10 % |
|||
|
4B |
Annual |
09.4253 |
1602 32 90 |
10,9 % |
295 |
10 t |
100 % |
|
|
Thailand |
5A |
Quarterly |
09.4215 |
1602 32 19 |
8 % |
160 033 |
100 t |
10 % |
|
09.4254 |
1602 32 30 |
10,9 % |
14 000 |
100 t |
10 % |
|||
|
09.4255 |
1602 32 90 |
10,9 % |
2 100 |
10 t |
10 % |
|||
|
09.4256 |
1602 39 29 |
10,9 % |
13 500 |
100 t |
10 % |
|||
|
5B |
Annual |
09.4257 |
1602 39 21 |
630 EUR/t |
10 |
10 t |
100 % |
|
|
09.4258 |
ex 1602 39 85 (2) |
10,9 % |
600 |
10 t |
100 % |
|||
|
09.4259 |
ex 1602 39 85 (3) |
10,9 % |
600 |
10 t |
100 % |
|||
|
Other |
6A |
Quarterly |
09.4216 |
1602 32 19 |
8 % |
11 443 |
10 t |
10 % |
|
09.4260 |
1602 32 30 |
10,9 % |
2 800 |
10 t |
10 % |
|||
|
6B |
Annual |
09.4261 (4) |
1602 32 11 |
630 EUR/t |
340 |
10 t |
100 % |
|
|
09.4262 |
1602 32 90 |
10,9 % |
470 |
10 t |
100 % |
|||
|
09.4263 (5) |
1602 39 29 |
10,9 % |
220 |
10 t |
100 % |
|||
|
09.4264 (5) |
ex 1602 39 85 (2) |
10,9 % |
148 |
10 t |
100 % |
|||
|
09.4265 (5) |
ex 1602 39 85 (3) |
10,9 % |
125 |
10 t |
100 % |
Preparations of turkey meat
|
Country |
Group No |
Management periodicity |
Order number |
CN Code |
Customs duty |
Annual quantity (tonnes) |
Minimum per application |
Maximum per application |
|
Brazil |
7 |
Quarterly |
09.4217 |
1602 31 |
8,5 % |
92 300 |
100 t |
10 % |
|
Other |
8 |
Quarterly |
09.4218 |
1602 31 |
8,5 % |
11 596 |
10 t |
10 %’ |
(1) Applicability of the preferential arrangements is determined on the basis of the CN code and is subject to the meat salted or in brine being poultrymeat of CN 0207.
(2) Processed duck, geese, guinea fowl meat, containing 25 % or more but less than 57 % by weight of poultry meat or offal.
(3) Processed duck, geese, guinea fowl meat, containing less than 25 % by weight of poultry meat or offal.
(4) Other than Brazil, including Thailand.
(5) Other than Thailand, including Brazil.
ANNEX II
|
‘E. |
Entries referred to in the fifth subparagraph of Article 4(7):
|
|
28.3.2013 |
EN |
Official Journal of the European Union |
L 90/90 |
COMMISSION IMPLEMENTING REGULATION (EU) No 303/2013
of 27 March 2013
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 Implementing Regulation (EU) No 543/2011 of 7 June 2011 laying down detailed rules for the application of Council Regulation (EC) No 1234/2007 in respect of the fruit and vegetables and processed fruit and vegetables sectors (2), and in particular Article 136(1) thereof,
Whereas:
|
(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, |
HAS ADOPTED THIS REGULATION:
Article 1
The standard import values referred to in Article 136 of Implementing Regulation (EU) No 543/2011 are fixed in the Annex to this Regulation.
Article 2
This Regulation shall enter into force on the day of its publication in the Official Journal of the European Union.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 27 March 2013.
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 157, 15.6.2011, 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 |
MA |
71,0 |
|
TN |
111,6 |
|
|
TR |
135,6 |
|
|
ZZ |
106,1 |
|
|
0707 00 05 |
JO |
194,1 |
|
MA |
152,2 |
|
|
TR |
159,3 |
|
|
ZZ |
168,5 |
|
|
0709 91 00 |
EG |
66,7 |
|
ZZ |
66,7 |
|
|
0709 93 10 |
MA |
42,8 |
|
TR |
155,2 |
|
|
ZZ |
99,0 |
|
|
0805 10 20 |
EG |
58,2 |
|
IL |
72,5 |
|
|
MA |
59,7 |
|
|
TN |
67,4 |
|
|
TR |
66,5 |
|
|
ZZ |
64,9 |
|
|
0805 50 10 |
TR |
77,5 |
|
ZZ |
77,5 |
|
|
0808 10 80 |
AR |
96,5 |
|
BR |
88,0 |
|
|
CL |
129,7 |
|
|
CN |
75,5 |
|
|
MK |
28,2 |
|
|
US |
196,6 |
|
|
ZA |
113,5 |
|
|
ZZ |
104,0 |
|
|
0808 30 90 |
AR |
108,6 |
|
CL |
147,7 |
|
|
TR |
208,9 |
|
|
US |
150,6 |
|
|
ZA |
117,0 |
|
|
ZZ |
146,6 |
|
(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’.
|
28.3.2013 |
EN |
Official Journal of the European Union |
L 90/92 |
COMMISSION IMPLEMENTING REGULATION (EU) No 304/2013
of 27 March 2013
fixing the import duties in the cereals sector applicable from 1 April 2013
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 (EU) No 642/2010 of 20 July 2010 laying down detailed rules for the application of Council Regulation (EC) No 1234/2007 in respect of import duties in the cereals sector (2), and in particular Article 2(1) thereof,
Whereas:
|
(1) |
Article 136(1) of Regulation (EC) No 1234/2007 states that the import duty on products covered by CN codes 1001 19 00, 1001 11 00, ex 1001 91 20 (common wheat seed), ex 1001 99 00 (high quality common wheat other than for sowing), 1002 10 00, 1002 90 00, 1005 10 90, 1005 90 00, 1007 10 90 and 1007 90 00 is to be equal to the intervention price valid for such products on importation and increased by 55 %, minus the cif import price applicable to the consignment in question. However, that duty may not exceed the rate of duty in the Common Customs Tariff. |
|
(2) |
Article 136(2) of Regulation (EC) No 1234/2007 lays down that, in order to calculate the import duty referred to in paragraph 1 of that Article, representative cif import prices are to be established on a regular basis for the products in question. |
|
(3) |
Under Article 2(2) of Regulation (EU) No 642/2010, the price to be used for the calculation of the import duty on products covered by CN codes 1001 19 00, 1001 11 00, ex 1001 91 20 (common wheat seed), ex 1001 99 00 (high quality common wheat other than for sowing), 1002 10 00, 1002 90 00, 1005 10 90, 1005 90 00, 1007 10 90 and 1007 90 00 is the daily cif representative import price determined as specified in Article 5 of that Regulation. |
|
(4) |
Import duties should be fixed for the period from 1 April 2013 and should apply until new import duties are fixed and enter into force. |
|
(5) |
Given the need to ensure that this measure applies as soon as possible after the updated data have been made available, this Regulation should enter into force on the day of its publication, |
HAS ADOPTED THIS REGULATION:
Article 1
From 1 April 2013, the import duties in the cereals sector referred to in Article 136(1) of Regulation (EC) No 1234/2007 shall be those fixed in Annex I to this Regulation on the basis of the information contained in Annex II.
Article 2
This Regulation shall enter into force on the day of its publication in the Official Journal of the European Union.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 27 March 2013.
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 187, 21.7.2010, p. 5.
ANNEX I
Import duties on the products referred to in Article 136(1) of Regulation (EC) No 1234/2007 applicable from 1 April 2013
|
CN code |
Description |
Import duties (1) (EUR/t) |
|
1001 19 00 1001 11 00 |
Durum wheat, high quality |
0,00 |
|
medium quality |
0,00 |
|
|
low quality |
0,00 |
|
|
ex 1001 91 20 |
Common wheat seed |
0,00 |
|
ex 1001 99 00 |
High quality common wheat other than for sowing |
0,00 |
|
1002 10 00 1002 90 00 |
Rye |
0,00 |
|
1005 10 90 |
Maize seed other than hybrid |
0,00 |
|
1005 90 00 |
Maize other than seed (2) |
0,00 |
|
1007 10 90 1007 90 00 |
Grain sorghum other than hybrids for sowing |
0,00 |
(1) The importer may benefit, under Article 2(4) of Regulation (EU) No 642/2010, from a reduction in the duty of:
|
— |
EUR 3/t, where the port of unloading is located on the Mediterranean Sea (beyond the Strait of Gibraltar) or on the Black Sea, for goods arriving in the Union via the Atlantic Ocean or the Suez Canal, |
|
— |
EUR 2/t, where the port of unloading is located in Denmark, Estonia, Ireland, Latvia, Lithuania, Poland, Finland, Sweden, the United Kingdom or on the Atlantic coast of the Iberian Peninsula, for goods arriving in the Union via the Atlantic Ocean. |
(2) The importer may benefit from a flat-rate reduction of EUR 24/t where the conditions laid down in Article 3 of Regulation (EU) No 642/2010 are met.
ANNEX II
Factors for calculating the duties laid down in Annex I
15.3.2013-26.3.2013
|
1. |
Averages over the reference period referred to in Article 2(2) of Regulation (EU) No 642/2010:
|
||||||||||||||||||||||||||||||||||||||||||
|
2. |
Averages over the reference period referred to in Article 2(2) of Regulation (EU) No 642/2010:
|
(1) Premium of EUR 14/t incorporated (Article 5(3) of Regulation (EU) No 642/2010).
(2) Discount of EUR 10/t (Article 5(3) of Regulation (EU) No 642/2010).
(3) Discount of EUR 30/t (Article 5(3) of Regulation (EU) No 642/2010).
DECISIONS
|
28.3.2013 |
EN |
Official Journal of the European Union |
L 90/95 |
COUNCIL DECISION 2013/160/CFSP
of 27 March 2013
amending Decision 2011/101/CFSP concerning restrictive measures against Zimbabwe
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty on European Union and in particular Article 29 thereof,
Whereas:
|
(1) |
On 15 February 2011, the Council adopted Decision 2011/101/CFSP (1). |
|
(2) |
On 23 July 2012 and 18 February 2013, the Council concluded that a peaceful and credible constitutional referendum in Zimbabwe would represent an important milestone in the preparation of democratic elections justifying an immediate suspension of the majority of all remaining Union targeted restrictive measures against individuals and entities. |
|
(3) |
In view of the outcome of the Zimbabwean constitutional referendum of 16 March 2013, the Council has decided to suspend the travel ban and asset freeze applying to the majority of the individuals and entities set out in Annex I to Decision 2011/101/CFSP. The suspension should be subject to a review by the Council every three months in light of the situation on the ground. |
|
(4) |
Decision 2011/101/CFSP should therefore be amended accordingly, |
HAS ADOPTED THIS DECISION:
Article 1
Decision 2011/101/CFSP is hereby amended as follows:
|
(1) |
in Article 10, paragraph 3 is replaced by the following: ‘3. The measures referred to in Article 4(1) and Article 5(1) and (2), in so far as they apply to persons and entities listed in Annex II, shall be suspended until 20 February 2014. The suspension shall be reviewed every three months.’; |
|
(2) |
Annex II shall be replaced by the text set out in the Annex to this Decision. |
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, 27 March 2013.
For the Council
The President
E. GILMORE
ANNEX
‘ANNEX II
PERSONS AND ENTITES REFERRED TO IN ARTICLE 10(3)
I. Persons
|
|
Name (and any aliases) |
|
1. |
Abu Basutu, Titus MJ |
|
2. |
Buka (a.k.a. Bhuka), Flora |
|
3. |
Bvudzijena, Wayne |
|
4. |
Charamba, George |
|
5. |
Chidarikire, Faber Edmund |
|
6. |
Chigwedere, Aeneas Soko |
|
7. |
Chihota, Phineas |
|
8. |
Chinamasa, Patrick Anthony |
|
9. |
Chindori-Chininga, Edward Takaruza |
|
10. |
Chinotimba, Joseph |
|
11. |
Chipwere, Augustine |
|
12. |
Chombo, Ignatius Morgan Chiminya |
|
13. |
Dinha, Martin |
|
14. |
Goche, Nicholas Tasunungurwa |
|
15. |
Gono, Gideon |
|
16. |
Gurira, Cephas T. |
|
17. |
Gwekwerere, Stephen |
|
18. |
Kachepa, Newton |
|
19. |
Karakadzai, Mike Tichafa |
|
20. |
Kasukuwere, Saviour |
|
21. |
Kazangarare, Jawet |
|
22. |
Khumalo, Sibangumuzi |
|
23. |
Kunonga, Nolbert (a.k.a. Nobert) |
|
24. |
Kwainona, Martin |
|
25. |
Langa, Andrew |
|
26. |
Mabunda, Musarashana |
|
27. |
Machaya, Jason (a.k.a. Jaison) Max Kokerai |
|
28. |
Made, Joseph Mtakwese |
|
29. |
Madzongwe, Edna (a.k.a. Edina) |
|
30. |
Maluleke, Titus |
|
31. |
Mangwana, Paul Munyaradzi |
|
32. |
Marumahoko, Reuben |
|
33. |
Masuku, Angeline |
|
34. |
Mathema, Cain Ginyilitshe Ndabazekhaya |
|
35. |
Mathuthu, Thokozile |
|
36. |
Matibiri, Innocent Tonderai |
|
37. |
Matiza, Joel Biggie |
|
38. |
Matonga, Brighton |
|
39. |
Mhandu, Cairo (a.k.a. Kairo) |
|
40. |
Mhonda, Fidellis |
|
41. |
Midzi, Amos Bernard (Mugenva) |
|
42. |
Mnangagwa, Emmerson Dambudzo |
|
43. |
Mohadi, Kembo Campbell Dugishi |
|
44. |
Moyo, Jonathan |
|
45. |
Moyo, Sibusio Bussie |
|
46. |
Moyo, Simon Khaya |
|
47. |
Mpofu, Obert Moses |
|
48. |
Muchena, Henry |
|
49. |
Muchena, Olivia Nyembesi (a.k.a. Nyembezi) |
|
50. |
Muchinguri, Oppah Chamu Zvipange |
|
51. |
Mudede, Tobaiwa (a.k.a. Tonneth) |
|
52. |
Mujuru, Joyce Teurai Ropa |
|
53. |
Mumbengegwi, Simbarashe Simbanenduku |
|
54. |
Murerwa, Herbert Muchemwa |
|
55. |
Musariri, Munyaradzi |
|
56. |
Mushohwe, Christopher Chindoti |
|
57. |
Mutezo, Munacho |
|
58. |
Mutinhiri, Ambros (a.k.a. Ambrose) |
|
59. |
Mzembi, Walter |
|
60. |
Mzilikazi, Morgan S. |
|
61. |
Nguni, Sylvester |
|
62. |
Nhema, Francis |
|
63. |
Nyanhongo, Magadzire Hubert |
|
64. |
Nyoni, Sithembiso Gile Glad |
|
65. |
Rugeje, Engelbert Abel |
|
66. |
Rungani, Victor TC |
|
67. |
Sakupwanya, Stanley |
|
68. |
Savanhu, Tendai |
|
69. |
Sekeramayi, Sydney (a.k.a. Sidney) Tigere |
|
70. |
Sekeremayi, Lovemore |
|
71. |
Shamu, Webster Kotiwani |
|
72. |
Shamuyarira, Nathan Marwirakuwa |
|
73. |
Shungu, Etherton |
|
74. |
Sibanda, Chris |
|
75. |
Sibanda, Misheck Julius Mpande |
|
76. |
Sigauke, David |
|
77. |
Sikosana, Absolom |
|
78. |
Tarumbwa, Nathaniel Charles |
|
79. |
Tomana, Johannes |
|
80. |
Veterai, Edmore |
|
81. |
Zimondi, Paradzai |
II. Entities
|
|
Name |
|
1. |
Cold Comfort Farm Trust Co-operative |
|
2. |
Comoil (PVT) Ltd |
|
3. |
Famba Safaris |
|
4. |
Jongwe Printing and Publishing Company (PVT) Ltd (a.k.a. Jongwe Printing and Publishing Co., a.k.a. Jongwe Printing and Publishing Company) |
|
5. |
M & S Syndicate (PVT) Ltd |
|
6. |
OSLEG Ltd (a.k.a Operation Sovereign Legitimacy) |
|
7. |
Swift Investments (PVT) Ltd |
|
8. |
Zidco Holdings (a.k.a. Zidco Holdings (PVT) Ltd)’ |
|
28.3.2013 |
EN |
Official Journal of the European Union |
L 90/99 |
COMMISSION IMPLEMENTING DECISION
of 11 March 2013
amending Decision 2011/163/EU on the approval of plans submitted by third countries in accordance with Article 29 of Council Directive 96/23/EC
(notified under document C(2013) 1279)
(Text with EEA relevance)
(2013/161/EU)
THE EUROPEAN COMMISSION,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to Council Directive 96/23/EC of 29 April 1996 on measures to monitor certain substances and residues thereof in live animals and animal products and repealing Directives 85/358/EEC and 86/469/EEC and Decisions 89/187/EEC and 91/664/EEC (1), and in particular the fourth subparagraph of Article 29(1) and Article 29(2) thereof,
Whereas:
|
(1) |
Directive 96/23/EC lays down measures to monitor the substances and groups of residues listed in Annex I thereto. That Directive requires that third countries from which Member States are authorised to import animals and animal products covered by that Directive submit a residue monitoring plan providing required guarantees. That plan should at least include the groups of residues and substances listed in that Annex I. |
|
(2) |
Commission Decision 2011/163/EU (2) approves the plans provided for in Article 29 of Directive 96/23/EC (‘the plans’) submitted by certain third countries listed in the Annex thereto for the animals and animal products indicated in that list. |
|
(3) |
In the light of the recent plans submitted by certain third countries and additional information obtained by the Commission, it is necessary to update the list of third countries from which Member States are authorised to import certain animals and animal products, as provided for in Directive 96/23/EC and currently listed in the Annex to Decision 2011/163/EU (‘the list’). |
|
(4) |
Bosnia and Herzegovina has submitted a plan for poultry, milk, eggs and honey to the Commission. That plan provides sufficient guarantees and should be approved. The entries for Bosnia and Herzegovina for poultry, milk, eggs and honey should therefore be included in the list. |
|
(5) |
Japan has submitted a plan for bovine to the Commission. That plan provides sufficient guarantees and should be approved. An entry for Japan for bovine should therefore be included in the list. |
|
(6) |
Moldova has submitted a plan for poultry, aquaculture and eggs to the Commission. That plan provides sufficient guarantees and should be approved. The entries for Moldova for poultry, aquaculture and eggs should therefore be included in the list. |
|
(7) |
Pitcairn Islands are currently included in the list for honey. However, Pitcairn Islands have not provided a plan as required by Article 29 of Directive 96/23/EC. Pitcairn Islands should therefore be removed from the list. |
|
(8) |
Vietnam has submitted a plan for honey to the Commission. That plan provides sufficient guarantees and should be approved. An entry for Vietnam for honey should therefore be included in the list. |
|
(9) |
In order to avoid any disruption to trade, a transitional period should be laid down to cover the relevant consignments from Pitcairn Islands, which were certified and dispatched to the Union before the date of application of this Decision. |
|
(10) |
Decision 2011/163/EU should therefore be amended accordingly. |
|
(11) |
The measures provided for in this Decision are in accordance with the opinion of the Standing Committee on the Food Chain and Animal Health, |
HAS ADOPTED THIS DECISION:
Article 1
The Annex to Decision 2011/163/EU is replaced by the text set out in the Annex to this Decision.
Article 2
For a transitional period until 16 May 2013, Member States shall accept consignments from Pitcairn Islands of honey provided that the importer demonstrates that the products had been certified and dispatched to the Union prior to 1 April 2013.
Article 3
This Decision is addressed to the Member States.
Done at Brussels, 11 March 2013.
For the Commission
Tonio BORG
Member of the Commission
(1) OJ L 125, 23.5.1996, p. 10.
(2) OJ L 70, 17.3.2011, p. 40.
ANNEX
‘ANNEX
|
Code ISO2 |
Country |
Bovine |
Ovine/caprine |
Porcine |
Equine |
Poultry |
Aquaculture |
Milk |
Eggs |
Rabbit |
Wild game |
Farmed game |
Honey |
|
AD |
Andorra |
X |
X |
|
X |
|
|
|
|
|
|
|
|
|
AE |
United Arab Emirates |
|
|
|
|
|
X |
X (1) |
|
|
|
|
|
|
AL |
Albania |
|
X |
|
|
|
X |
|
X |
|
|
|
|
|
AR |
Argentina |
X |
X |
|
X |
X |
X |
X |
X |
X |
X |
X |
X |
|
AU |
Australia |
X |
X |
|
X |
|
X |
X |
|
|
X |
X |
X |
|
BA |
Bosnia and Herzegovina |
|
|
|
|
X |
X |
X |
X |
|
|
|
X |
|
BD |
Bangladesh |
|
|
|
|
|
X |
|
|
|
|
|
|
|
BN |
Brunei |
|
|
|
|
|
X |
|
|
|
|
|
|
|
BR |
Brazil |
X |
|
|
X |
X |
X |
|
|
|
|
|
X |
|
BW |
Botswana |
X |
|
|
X |
|
|
|
|
|
|
X |
|
|
BY |
Belarus |
|
|
|
X (2) |
|
X |
X |
X |
|
|
|
|
|
BZ |
Belize |
|
|
|
|
|
X |
|
|
|
|
|
|
|
CA |
Canada |
X |
X |
X |
X |
X |
X |
X |
X |
X |
X |
X |
X |
|
CH |
Switzerland |
X |
X |
X |
X |
X |
X |
X |
X |
X |
X |
X |
X |
|
CL |
Chile |
X |
X |
X |
|
X |
X |
X |
|
|
X |
|
X |
|
CM |
Cameroon |
|
|
|
|
|
|
|
|
|
|
|
X |
|
CN |
China |
|
|
|
|
X |
X |
|
X |
X |
|
|
X |
|
CO |
Colombia |
|
|
|
|
|
X |
|
|
|
|
|
|
|
CR |
Costa Rica |
|
|
|
|
|
X |
|
|
|
|
|
|
|
CU |
Cuba |
|
|
|
|
|
X |
|
|
|
|
|
X |
|
EC |
Ecuador |
|
|
|
|
|
X |
|
|
|
|
|
|
|
ET |
Ethiopia |
|
|
|
|
|
|
|
|
|
|
|
X |
|
FK |
Falkland Islands |
X |
X |
|
|
|
|
|
|
|
|
|
|
|
FO |
Faeroe Islands |
|
|
|
|
|
X |
|
|
|
|
|
|
|
GH |
Ghana |
|
|
|
|
|
|
|
|
|
|
|
X |
|
GM |
Gambia |
|
|
|
|
|
X |
|
|
|
|
|
|
|
GL |
Greenland |
|
X |
|
|
|
|
|
|
|
X |
X |
|
|
GT |
Guatemala |
|
|
|
|
|
X |
|
|
|
|
|
X |
|
HN |
Honduras |
|
|
|
|
|
X |
|
|
|
|
|
|
|
HR |
Croatia |
X |
X |
X |
X (2) |
X |
X |
X |
X |
X |
X |
X |
X |
|
ID |
Indonesia |
|
|
|
|
|
X |
|
|
|
|
|
|
|
IL |
Israel |
|
|
|
|
X |
X |
X |
X |
|
|
X |
X |
|
IN |
India |
|
|
|
|
|
X |
|
X |
|
|
|
X |
|
IR |
Iran |
|
|
|
|
|
X |
|
|
|
|
|
|
|
JM |
Jamaica |
|
|
|
|
|
|
|
|
|
|
|
X |
|
JP |
Japan |
X |
|
|
|
|
X |
|
|
|
|
|
|
|
KE |
Kenya |
|
|
|
|
|
|
X (1) |
|
|
|
|
|
|
KG |
Kyrgyzstan |
|
|
|
|
|
|
|
|
|
|
|
X |
|
KR |
South Korea |
|
|
|
|
|
X |
|
|
|
|
|
|
|
LB |
Lebanon |
|
|
|
|
|
|
|
|
|
|
|
X |
|
LK |
Sri Lanka |
|
|
|
|
|
X |
|
|
|
|
|
|
|
MA |
Morocco |
|
|
|
|
|
X |
|
|
|
|
|
|
|
MD |
Moldova |
|
|
|
|
X |
X |
|
X |
|
|
|
X |
|
ME |
Montenegro |
X |
X |
X |
|
X |
X |
|
X |
|
|
|
X |
|
MG |
Madagascar |
|
|
|
|
|
X |
|
|
|
|
|
X |
|
MK |
former Yugoslav Republic of Macedonia (4) |
X |
X |
X |
|
X |
X |
X |
X |
|
X |
|
X |
|
MU |
Mauritius |
|
|
|
|
|
X |
|
|
|
|
|
|
|
MX |
Mexico |
|
|
|
X |
|
X |
|
X |
|
|
|
X |
|
MY |
Malaysia |
|
|
|
|
X (3) |
X |
|
|
|
|
|
|
|
MZ |
Mozambique |
|
|
|
|
|
X |
|
|
|
|
|
|
|
NA |
Namibia |
X |
X |
|
|
|
|
|
|
|
X |
|
|
|
NC |
New Caledonia |
X (3) |
|
|
|
|
X |
|
|
|
X |
X |
X |
|
NI |
Nicaragua |
|
|
|
|
|
X |
|
|
|
|
|
X |
|
NZ |
New Zealand |
X |
X |
|
X |
|
X |
X |
|
|
X |
X |
X |
|
PA |
Panama |
|
|
|
|
|
X |
|
|
|
|
|
|
|
PE |
Peru |
|
|
|
|
X |
X |
|
|
|
|
|
|
|
PF |
French Polynesia |
|
|
|
|
|
|
|
|
|
|
|
X |
|
PH |
Philippines |
|
|
|
|
|
X |
|
|
|
|
|
|
|
PY |
Paraguay |
X |
|
|
|
|
|
|
|
|
|
|
|
|
RS |
Serbia (5) |
X |
X |
X |
X (2) |
X |
X |
X |
X |
|
X |
|
X |
|
RU |
Russia |
X |
X |
X |
|
X |
|
X |
X |
|
|
X (6) |
X |
|
SA |
Saudi Arabia |
|
|
|
|
|
X |
|
|
|
|
|
|
|
SG |
Singapore |
X (3) |
X (3) |
X (3) |
|
X (3) |
X |
X (3) |
|
|
|
|
|
|
SM |
San Marino |
X |
|
|
|
|
|
|
|
|
|
|
X |
|
SR |
Suriname |
|
|
|
|
|
X |
|
|
|
|
|
|
|
SV |
El Salvador |
|
|
|
|
|
|
|
|
|
|
|
X |
|
SZ |
Swaziland |
X |
|
|
|
|
|
|
|
|
|
|
|
|
TH |
Thailand |
|
|
|
|
X |
X |
|
|
|
|
|
X |
|
TN |
Tunisia |
|
|
|
|
X |
X |
|
|
|
X |
|
|
|
TR |
Turkey |
|
|
|
|
X |
X |
X |
X |
|
|
|
X |
|
TW |
Taiwan |
|
|
|
|
|
X |
|
|
|
|
|
X |
|
TZ |
Tanzania |
|
|
|
|
|
X |
|
|
|
|
|
X |
|
UA |
Ukraine |
|
|
|
|
X |
X |
X |
X |
|
|
|
X |
|
UG |
Uganda |
|
|
|
|
|
X |
|
|
|
|
|
X |
|
US |
United States |
X |
X |
X |
|
X |
X |
X |
X |
X |
X |
X |
X |
|
UY |
Uruguay |
X |
X |
|
X |
|
X |
X |
|
|
X |
|
X |
|
VE |
Venezuela |
|
|
|
|
|
X |
|
|
|
|
|
|
|
VN |
Vietnam |
|
|
|
|
|
X |
|
|
|
|
|
X |
|
YT |
Mayotte |
|
|
|
|
|
X |
|
|
|
|
|
|
|
ZA |
South Africa |
|
|
|
|
|
|
|
|
|
X |
X |
|
|
ZM |
Zambia |
|
|
|
|
|
|
|
|
|
|
|
X |
|
ZW |
Zimbabwe |
|
|
|
|
|
X |
|
|
|
|
X |
|
(1) Camel milk only.
(2) Export to the Union of live equidae for slaughter (food producing animals only).
(3) Third countries using only raw material either from Member States or from other third countries approved for imports of such raw material to the Union, in accordance with Article 2.
(4) The former Yugoslav Republic of Macedonia; the definitive nomenclature for this country will be agreed following current negotiations at UN level.
(5) Not including Kosovo (this designation is without prejudice to positions on status, and is in line with UNSCR 1244 and the ICJ Opinion on the Kosovo Declaration of Independence).
(6) Only for reindeer from the Murmansk and Yamalo-Nenets regions.’
|
28.3.2013 |
EN |
Official Journal of the European Union |
L 90/106 |
COMMISSION DECISION
of 26 March 2013
on determining Member States’ annual emission allocations for the period from 2013 to 2020 pursuant to Decision No 406/2009/EC of the European Parliament and of the Council
(notified under document C(2013) 1708)
(2013/162/EU)
THE EUROPEAN COMMISSION,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to Decision No 406/2009/EC of the European Parliament and of the Council of 23 April 2009 on the effort of Member States to reduce their greenhouse gas emissions to meet the Community’s greenhouse gas emission reduction commitments up to 2020 (1), and in particular the forth subparagraph of Article 3(2) thereof,
Whereas:
|
(1) |
The greenhouse gas emissions from installations covered by Directive 2003/87/EC of the European Parliament and of the Council of 13 October 2003 establishing a scheme for greenhouse gas emission allowance trading within the Community and amending Council Directive 96/61/EC (2) as deriving from the Union Registry, Commission Decisions, National Allocation Plans and the official correspondence between the Commission and the respective Member States constitute verified emission data in the sense of the fourth paragraph of Article 3(2) of Decision No 406/2009/EC. |
|
(2) |
The total greenhouse gas emissions from gases and activities as defined in Article 2(1) of Decision No 406/2009/EC submitted pursuant to Decision No 280/2004/EC of the European Parliament and of the Council of 11 February 2004 concerning a mechanism for monitoring community greenhouse gas emissions and for implementing the Kyoto Protocol (3) in the year 2012 as established following the 2012 initial review conducted by the Commission pursuant to the Guidelines for the 2012 Technical Review of Greenhouse Gas Emission Inventories (4) constitute reviewed greenhouse gas emissions data for the years 2005, 2008, 2009 and 2010 in the sense of the fourth paragraph of Article 3(2) of Decision No 406/2009/EC. |
|
(3) |
To ensure consistency between the determination of the annual emission allocations and the reported greenhouse gas emissions for each year, Member States’ annual emission allocations should be calculated also by applying the global warming potential values from the 4th IPCC assessment report adopted by Decision15/CP.17. The annual emission allocation calculated as such should become applicable from the first year for which the reporting of greenhouse gas inventories using these new global warming potential values becomes compulsory pursuant to Article 3 of Decision No 280/2004/EC. |
|
(4) |
Data currently reported in the national greenhouse gas inventories and the national and Union registries are not sufficient to determine, at Member State level, the CO2 civil aviation emissions at national level that are not covered by Directive 2003/87/EC. CO2 emissions from flights not covered by Directive 2003/87/EC represent only a very minor part of the total greenhouse gas emissions, and collecting additional information on these emissions would create a disproportionate administrative burden. Therefore, the quantity of CO2 emissions of the inventory category ‘1.A.3.A civil aviation’ should be considered equal to zero for the purpose of determining the annual emission allocations. |
|
(5) |
The annual emission allocations for a Member State for the year 2020 should be calculated by subtracting the quantity of verified greenhouse gas emissions of installations that existed in 2005 from the reviewed greenhouse gas emissions for the year 2005 and adjusting the outcome by the percentage laid down in Annex II of Decision No 406/2009. |
|
(6) |
The quantity of verified greenhouse gas emissions of installations should be determined as follows:
|
|
(7) |
The average quantity of greenhouse gas emissions in the year 2009 of a Member State with a positive greenhouse gas emission limit pursuant to Annex II of Decision No 406/2009/EC should be calculated by subtracting an average quantity of verified greenhouse gas emissions from installations covered by Directive 2003/87/EC in the years 2008, 2009 and 2010 in the respective Member State from its average total reviewed greenhouse gas emissions for the years 2008, 2009 and 2010. |
|
(8) |
The annual emission allocations for a Member State with a positive greenhouse gas emission limit pursuant to Annex II of Decision No 406/2009/EC for the years 2013 to 2019 should be defined by a linear trajectory starting with that member State’s average quantity of greenhouse gas emissions in the year 2009 and ending with its annual emission allocation for the year 2020. |
|
(9) |
The annual emission allocation for a Member State with a negative greenhouse gas emission limit pursuant to Annex II of Decision No 406/2009/EC for the year 2013 should be calculated by subtracting average quantity of verified greenhouse gas emissions from installations covered by Directive 2003/87/EC in the years 2008, 2009 and 2010 in the respective Member State from its average total reviewed greenhouse gas emissions for the years 2008, 2009 and 2010. |
|
(10) |
The annual emission allocation for a Member State with a negative greenhouse gas emission limit pursuant to Annex II of Decision No 406/2009/EC for the years 2014 to 2019 should be defined by a linear trajectory starting with that member State’s annual emission allocation for the year 2013 and ending with its annual emission allocation for the year 2020. |
|
(11) |
The verified greenhouse gas emissions of installations unilaterally included in the Emissions Trading Scheme in accordance with Article 24 of Directive 2003/87/EC during the period from 2008 to 2012 should not be accounted for in the average quantity of verified greenhouse gas emissions from installations covered by Directive 2003/87/EC for the years 2008, 2009 and 2010 as this would result in double counting of greenhouse gas emissions during future adjustments of the annual emission allocations pursuant to Article 10 of Decision No 406/2009/EC. |
|
(12) |
In view of Croatia’s accession to the Union, its annual emission allocation for each year of the period from 2013 to 2020 should be determined using the same methodology as for the other Member States. These values should become applicable as of the date of Croatia’s accession. |
|
(13) |
Given the adoption by the European Council of the Decision 2012/419/EU of 11 July 2012 amending the status of Mayotte with regard to the European Union (5) as of 2014, the annual emission allocations for France as of 2014 are calculated by taking into account the relevant reviewed greenhouse gas emissions. |
|
(14) |
The measures provided for in this Decision are in accordance with the opinion of the Climate Change Committee, |
HAS ADOPTED THIS DECISION:
Article 1
The annual emission allocations for each Member State for each year of the period from 2013 to 2020 are set out in Annex I and shall apply subject to any adjustments published pursuant to Article 10 of Decision No 406/2009/EC.
Article 2
Notwithstanding Article 1, where an act adopted pursuant to Article 3 of Decision No 280/2004/EC provides for Member States to submit greenhouse gas emissions inventories determined using global warming potential values from the 4th IPCC assessment report as adopted by Decision 15/CP.17 of the Conference of the Parties of the United Nations Framework Convention on Climate Change, the annual emission allocations set out in Annex II shall apply as of the first year for which such reporting of greenhouse gas inventories becomes compulsory.
Article 3
The annual emission allocations for Croatia as set out in Annex I shall apply as of the date of entry into force of the Treaty of Accession of Croatia.
This Decision is addressed to the Member States.
Done at Brussels, 26 March 2013.
For the Commission
Connie HEDEGAARD
Member of the Commission
(1) OJ L 140, 5.6.2009, p. 136.
(2) OJ L 275, 25.10.2003, p. 32.
(4) SWD (2012) 107 final, 26.4.2012.
(5) OJ L 204, 31.7.2012, p. 131.
ANNEX I
Member States Annual Emissions Allocation for the year 2013 to 2020 calculated applying global warming potential values from the second IPCC assessment report
|
Country |
Annual Emission Allocation (tonnes of carbon dioxide equivalent) |
|||||||
|
2013 |
2014 |
2015 |
2016 |
2017 |
2018 |
2019 |
2020 |
|
|
Belgium |
81 206 753 |
79 635 010 |
78 063 267 |
76 491 523 |
74 919 780 |
73 348 037 |
71 776 293 |
70 204 550 |
|
Bulgaria |
27 308 615 |
27 514 835 |
27 721 056 |
27 927 276 |
28 133 496 |
28 339 716 |
28 545 936 |
28 752 156 |
|
Czech Republic |
63 569 006 |
64 248 654 |
64 928 302 |
65 607 950 |
66 287 597 |
66 967 245 |
67 646 893 |
68 326 541 |
|
Denmark |
35 873 692 |
34 996 609 |
34 119 525 |
33 242 442 |
32 365 359 |
31 488 276 |
30 611 193 |
29 734 110 |
|
Germany |
487 095 510 |
480 020 642 |
472 945 774 |
465 870 905 |
458 796 037 |
451 721 169 |
444 646 301 |
437 571 432 |
|
Estonia |
6 111 145 |
6 133 644 |
6 156 143 |
6 178 641 |
6 201 140 |
6 223 639 |
6 246 137 |
6 268 636 |
|
Ireland |
45 163 667 |
44 066 074 |
42 968 480 |
41 870 887 |
40 773 293 |
39 675 700 |
38 578 106 |
37 480 513 |
|
Greece |
58 909 882 |
59 158 791 |
59 407 700 |
59 656 609 |
59 905 518 |
60 154 427 |
60 403 336 |
60 652 245 |
|
Spain |
228 883 459 |
226 977 713 |
225 071 967 |
223 166 221 |
221 260 475 |
219 354 728 |
217 448 982 |
215 543 236 |
|
France |
397 926 454 |
393 291 390 |
388 254 953 |
383 218 516 |
378 182 079 |
373 145 642 |
368 109 206 |
363 072 769 |
|
Croatia |
20 596 027 |
20 761 917 |
20 927 807 |
21 093 696 |
21 259 586 |
21 425 476 |
21 591 366 |
21 757 255 |
|
Italy |
310 124 250 |
308 146 930 |
306 169 610 |
304 192 289 |
302 214 969 |
300 237 649 |
298 260 329 |
296 283 008 |
|
Cyprus |
5 552 863 |
5 547 275 |
5 541 687 |
5 536 100 |
5 530 512 |
5 524 924 |
5 519 336 |
5 513 749 |
|
Latvia |
9 005 483 |
9 092 810 |
9 180 137 |
9 267 464 |
9 354 791 |
9 442 119 |
9 529 446 |
9 616 773 |
|
Lithuania |
16 661 613 |
16 941 467 |
17 221 321 |
17 501 174 |
17 781 028 |
18 060 882 |
18 340 736 |
18 620 590 |
|
Luxembourg |
9 737 871 |
9 535 962 |
9 334 053 |
9 132 144 |
8 930 235 |
8 728 326 |
8 526 417 |
8 324 508 |
|
Hungary |
49 291 591 |
50 388 303 |
51 485 014 |
52 581 726 |
53 678 437 |
54 775 149 |
55 871 861 |
56 968 572 |
|
Malta |
1 113 574 |
1 112 781 |
1 111 988 |
1 111 195 |
1 110 402 |
1 109 609 |
1 108 816 |
1 108 023 |
|
Netherlands |
121 835 387 |
119 628 131 |
117 420 874 |
115 213 617 |
113 006 361 |
110 799 104 |
108 591 847 |
106 384 590 |
|
Austria |
53 598 131 |
53 032 042 |
52 465 953 |
51 899 864 |
51 333 775 |
50 767 686 |
50 201 597 |
49 635 508 |
|
Poland |
197 978 330 |
198 929 081 |
199 879 833 |
200 830 584 |
201 781 336 |
202 732 087 |
203 682 838 |
204 633 590 |
|
Portugal |
47 653 190 |
47 920 641 |
48 188 091 |
48 455 541 |
48 722 992 |
48 990 442 |
49 257 893 |
49 525 343 |
|
Romania |
79 108 341 |
80 681 687 |
82 255 034 |
83 828 380 |
85 401 727 |
86 975 074 |
88 548 420 |
90 121 767 |
|
Slovenia |
11 890 136 |
11 916 713 |
11 943 289 |
11 969 866 |
11 996 442 |
12 023 018 |
12 049 595 |
12 076 171 |
|
Slovakia |
25 095 979 |
25 413 609 |
25 731 240 |
26 048 870 |
26 366 500 |
26 684 130 |
27 001 761 |
27 319 391 |
|
Finland |
32 732 387 |
32 232 553 |
31 732 719 |
31 232 885 |
30 733 051 |
30 233 217 |
29 733 383 |
29 233 549 |
|
Sweden |
42 526 869 |
41 863 309 |
41 199 748 |
40 536 188 |
39 872 627 |
39 209 066 |
38 545 506 |
37 881 945 |
|
United Kingdom |
350 411 692 |
346 031 648 |
341 651 604 |
337 271 559 |
332 891 515 |
328 511 471 |
324 131 426 |
319 751 382 |
ANNEX II
Member States Annual Emissions Allocation for the year 2013 to 2020 calculated applying global warming potential values from the fourth IPCC assessment report
|
Country |
Annual Emission Allocation (tonnes of carbon dioxide equivalent) |
|||||||
|
2013 |
2014 |
2015 |
2016 |
2017 |
2018 |
2019 |
2020 |
|
|
Belgium |
82 376 327 |
80 774 027 |
79 171 726 |
77 569 425 |
75 967 124 |
74 364 823 |
72 762 523 |
71 160 222 |
|
Bulgaria |
28 661 817 |
28 897 235 |
29 132 652 |
29 368 070 |
29 603 488 |
29 838 906 |
30 074 324 |
30 309 742 |
|
Czech Republic |
65 452 506 |
66 137 845 |
66 823 185 |
67 508 524 |
68 193 864 |
68 879 203 |
69 564 542 |
70 249 882 |
|
Denmark |
36 829 163 |
35 925 171 |
35 021 179 |
34 117 187 |
33 213 195 |
32 309 203 |
31 405 210 |
30 501 218 |
|
Germany |
495 725 112 |
488 602 056 |
481 479 000 |
474 355 944 |
467 232 888 |
460 109 832 |
452 986 776 |
445 863 720 |
|
Estonia |
6 296 988 |
6 321 312 |
6 345 636 |
6 369 960 |
6 394 284 |
6 418 608 |
6 442 932 |
6 467 256 |
|
Ireland |
47 226 256 |
46 089 109 |
44 951 963 |
43 814 816 |
42 677 670 |
41 540 523 |
40 403 377 |
39 266 230 |
|
Greece |
61 003 810 |
61 293 018 |
61 582 226 |
61 871 434 |
62 160 642 |
62 449 850 |
62 739 057 |
63 028 265 |
|
Spain |
235 551 490 |
233 489 390 |
231 427 291 |
229 365 191 |
227 303 091 |
225 240 991 |
223 178 891 |
221 116 791 |
|
France |
408 762 813 |
403 877 606 |
398 580 044 |
393 282 481 |
387 984 919 |
382 687 356 |
377 389 794 |
372 092 231 |
|
Croatia |
21 196 005 |
21 358 410 |
21 520 815 |
21 683 221 |
21 845 626 |
22 008 031 |
22 170 436 |
22 332 841 |
|
Italy |
317 768 849 |
315 628 134 |
313 487 419 |
311 346 703 |
309 205 988 |
307 065 273 |
304 924 558 |
302 783 843 |
|
Cyprus |
5 919 071 |
5 922 555 |
5 926 039 |
5 929 524 |
5 933 008 |
5 936 493 |
5 939 977 |
5 943 461 |
|
Latvia |
9 279 248 |
9 370 072 |
9 460 897 |
9 551 721 |
9 642 546 |
9 733 370 |
9 824 194 |
9 915 019 |
|
Lithuania |
17 153 997 |
17 437 556 |
17 721 116 |
18 004 675 |
18 288 235 |
18 571 794 |
18 855 354 |
19 138 913 |
|
Luxembourg |
9 814 716 |
9 610 393 |
9 406 070 |
9 201 747 |
8 997 423 |
8 793 100 |
8 588 777 |
8 384 454 |
|
Hungary |
50 796 264 |
51 906 630 |
53 016 996 |
54 127 362 |
55 237 728 |
56 348 094 |
57 458 460 |
58 568 826 |
|
Malta |
1 168 514 |
1 166 788 |
1 165 061 |
1 163 334 |
1 161 608 |
1 159 881 |
1 158 155 |
1 156 428 |
|
Netherlands |
125 086 859 |
122 775 394 |
120 463 928 |
118 152 462 |
115 840 997 |
113 529 531 |
111 218 065 |
108 906 600 |
|
Austria |
54 643 228 |
54 060 177 |
53 477 125 |
52 894 074 |
52 311 023 |
51 727 971 |
51 144 920 |
50 561 869 |
|
Poland |
204 579 390 |
205 621 337 |
206 663 283 |
207 705 229 |
208 747 175 |
209 789 121 |
210 831 068 |
211 873 014 |
|
Portugal |
49 874 317 |
50 139 847 |
50 405 377 |
50 670 907 |
50 936 437 |
51 201 967 |
51 467 497 |
51 733 027 |
|
Romania |
83 080 513 |
84 765 858 |
86 451 202 |
88 136 547 |
89 821 891 |
91 507 236 |
93 192 581 |
94 877 925 |
|
Slovenia |
12 278 677 |
12 309 309 |
12 339 941 |
12 370 573 |
12 401 204 |
12 431 836 |
12 462 468 |
12 493 100 |
|
Slovakia |
25 877 815 |
26 203 808 |
26 529 801 |
26 855 793 |
27 181 786 |
27 507 779 |
27 833 772 |
28 159 765 |
|
Finland |
33 497 046 |
32 977 333 |
32 457 619 |
31 937 905 |
31 418 191 |
30 898 477 |
30 378 764 |
29 859 050 |
|
Sweden |
43 386 459 |
42 715 001 |
42 043 544 |
41 372 087 |
40 700 630 |
40 029 172 |
39 357 715 |
38 686 258 |
|
United Kingdom |
358 980 526 |
354 455 751 |
349 930 975 |
345 406 200 |
340 881 425 |
336 356 649 |
331 831 874 |
327 307 099 |
