ISSN 1977-0677 doi:10.3000/19770677.L_2013.329.eng |
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Official Journal of the European Union |
L 329 |
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English edition |
Legislation |
Volume 56 |
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(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. |
I Legislative acts
DIRECTIVES
10.12.2013 |
EN |
Official Journal of the European Union |
L 329/1 |
DIRECTIVE 2013/54/EU OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
of 20 November 2013
concerning certain flag State responsibilities for compliance with and enforcement of the Maritime Labour Convention, 2006
(Text with EEA relevance)
THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty on the Functioning of the European Union, and in particular Article 100(2) thereof,
Having regard to the proposal from the European Commission,
After transmission of the draft legislative act to the national parliaments,
Having regard to the opinion of the European Economic and Social Committee (1),
After consulting the Committee of the Regions,
Acting in accordance with the ordinary legislative procedure (2),
Whereas:
(1) |
Union action in the field of maritime transport aims, inter alia, to improve the shipboard living and working conditions of seafarers, security and safety at sea and to prevent pollution caused by maritime accidents. |
(2) |
The Union is aware of the fact that most accidents at sea are directly caused by human factors, especially fatigue. |
(3) |
One of the main objectives of the maritime safety policy of the Union is to eradicate substandard shipping. |
(4) |
On 23 February 2006, the International Labour Organisation (ILO), desiring to create a single, coherent and up-to-date instrument that also embodies the fundamental principles to be found in other international labour conventions, adopted the Maritime Labour Convention, 2006 (MLC 2006). |
(5) |
According to Article VIII thereof, the MLC 2006 is to come into force 12 months after the date on which there have been registered ratifications by at least 30 Members of the ILO with a total share in the world gross tonnage of ships of 33 %. This condition was fulfilled on 20 August 2012, and MLC 2006 therefore entered into force on 20 August 2013. |
(6) |
Council Decision 2007/431/EC (3) authorised the Member States to ratify MLC 2006, and Member States are urged to do so as soon as possible. |
(7) |
MLC 2006 sets out minimum global standards to ensure the right of all seafarers to decent living and working conditions, irrespective of their nationality and irrespective of the flag of the ships on which they serve, and to establish a level playing field. |
(8) |
Various parts of MLC 2006 have been introduced into different Union instruments both as regards flag State and port State obligations. The aim of this Directive is to introduce certain compliance and enforcement provisions, envisaged in Title 5 of MLC 2006, which relate to those parts of MLC 2006 in respect of which the required compliance and enforcement provisions have not yet been adopted. Those parts correspond to the elements set out in the Annex to Council Directive 2009/13/EC (4). |
(9) |
Directive 2009/13/EC implements the Agreement concluded by the European Community Shipowners’ Associations (ECSA) and the European Transport Workers’ Federation (ETF) on the Maritime Labour Convention, 2006 (‘the Agreement’), annexed thereto. This Directive is without prejudice to Directive 2009/13/EC and should therefore ensure compliance with more favourable provisions of Union law in conformity with that Directive. |
(10) |
Although Directive 2009/21/EC of the European Parliament and of the Council (5) governs flag State responsibilities, incorporating the voluntary IMO Member States audit scheme into Union law, and introducing the certification of quality of national maritime authorities, a separate Directive covering the maritime labour standards would be more appropriate and would more clearly reflect the different purposes and procedures, without affecting Directive 2009/21/EC. |
(11) |
Directive 2009/21/EC applies to IMO Conventions. In any event, Member States could develop, implement and maintain a quality management system for the operational parts of the flag State-related activities of their maritime administration falling within the scope of this Directive. |
(12) |
Member States should ensure the effective discharge of their obligations as flag States with respect to the implementation, by ships flying their flag, of the relevant parts of MLC 2006. In establishing an effective system for monitoring mechanisms, including inspections, a Member State could, where appropriate, grant authorisation to public institutions, or to other organisations within the meaning of Regulation 5.1.2 of MLC 2006, under the conditions set out therein. |
(13) |
According to Article 2(3)(c) of Regulation (EC) No 1406/2002 of the European Parliament and of the Council (6) the mandate of the European Maritime Safety Agency includes, as a core task, that the Agency should work with the Member States to provide, at the request of a Member State, appropriate information in order to support the monitoring of recognised organisations acting on behalf of that Member State, without prejudice to the rights and obligations of the flag State. |
(14) |
Since the objectives of this Directive cannot be sufficiently achieved by the Member States but can rather, by reason of the scale and effects of the action, be better achieved at the level of the Union, the Union may adopt measures, in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty on European Union. In accordance with the principle of proportionality, as set out in that Article, this Directive does not go beyond what is necessary in order to achieve those objectives. |
(15) |
Under no circumstances should the application of this Directive lead to a reduction in the level of protection currently enjoyed by seafarers under Union law, |
HAVE ADOPTED THIS DIRECTIVE:
Article 1
Subject matter
This Directive lays down rules to ensure that Member States effectively discharge their obligations as flag States with respect to the implementation of the relevant parts of MLC 2006. This Directive is without prejudice to Directives 2009/13/EC and 2009/21/EC, and to any higher standards for living and working conditions for seafarers set out therein.
Article 2
Definitions
For the purposes of this Directive, the following definition shall apply in addition to the relevant definitions set out in the Annex to Directive 2009/13/EC:
‘relevant parts of MLC 2006’ means the parts of MLC 2006 of which the content shall be considered as corresponding to the provisions in the Annex to Directive 2009/13/EC.
Article 3
Monitoring of compliance
1. Member States shall ensure that effective and appropriate enforcement and monitoring mechanisms, including inspections at the intervals provided for in MLC 2006, are established in order to ensure that the living and working conditions of seafarers on ships flying their flag meet, and continue to meet, the requirements of the relevant parts of MLC 2006.
2. With respect to ships of less than 200 gross tonnage not engaged in international voyages, Member States may, in consultation with the shipowners’ and seafarers’ organisations concerned, decide to adapt, pursuant to Article II, paragraph 6 of MLC 2006, monitoring mechanisms, including inspections, to take account of the specific conditions relating to such ships.
3. When fulfilling their obligations under this Article, Member States may, where appropriate, authorise public institutions or other organisations, including those of another Member State, if the latter agrees, which they recognise as having sufficient capacity, competence and independence, to carry out inspections. In all cases, a Member State shall remain fully responsible for the inspection of the living and working conditions of the seafarers concerned on ships that fly the flag of that Member State. This provision is without prejudice to Directive 2009/15/EC of the European Parliament and of the Council (7).
4. Member States shall establish clear objectives and standards covering the administration of their inspection systems, as well as adequate overall procedures for their assessment of the extent to which those objectives and standards are being attained.
5. A Member State shall ensure that seafarers on board ships flying the flag of that Member State have access to a copy of the Agreement. The access may be provided electronically.
Article 4
Personnel in charge of compliance monitoring
1. Member States shall ensure that personnel, including staff from institutions or other organisations (‘recognised organisations’ within the meaning of MLC 2006), authorised to carry out inspections in accordance with Article 3(3) and in charge of verifying the proper implementation of the relevant parts of MLC 2006, have the training, competence, terms of reference, full legal authority, status and independence necessary or desirable to enable them to carry out that verification and to ensure compliance with the relevant parts of MLC 2006. In accordance with MLC 2006, inspectors shall be empowered to take steps, as appropriate, to prohibit a ship from leaving port until necessary actions are taken.
2. All authorisations granted with respect to inspections shall, as a minimum, empower the recognised organisation to require the rectification of deficiencies that it identifies in seafarers’ living and working conditions, and to carry out inspections in that regard at the request of a port State.
3. Each Member State shall establish:
(a) |
a system to ensure the adequacy of work performed by recognised organisations, which includes information on all applicable national laws and regulations and relevant international instruments; and |
(b) |
procedures for communication with and oversight of such organisations. |
4. Each Member State shall provide the International Labour Office with a current list of any recognised organisations authorised to act on its behalf, and shall keep this list up to date. The list shall specify the functions that the recognised organisations have been authorised to carry out.
Article 5
On-board complaint procedures, handling of complaints and corrective measures
1. Each Member State shall ensure that, in its laws or regulations, appropriate on-board complaint procedures are in place.
2. If a Member State receives a complaint which it does not consider manifestly unfounded or obtains evidence that a ship that flies its flag does not conform to the requirements of the relevant parts of MLC 2006 or that there are serious deficiencies in its implementing measures, that Member State shall take the steps necessary to investigate the matter and ensure that action is taken to remedy any deficiencies found.
3. Personnel dealing with or becoming aware of complaints shall treat as confidential the source of any grievance or complaint alleging a danger or deficiency in relation to seafarers’ living and working conditions or a violation of laws and regulations and shall give no intimation to the shipowner, the shipowner’s representative or the operator of the ship that an inspection was made as a consequence of such a grievance or complaint.
Article 6
Reports
1. The Commission shall, in the context of its reports to be established in accordance with Article 9 of Directive 2009/21/EC, include matters falling within the scope of this Directive.
2. No later than 31 December 2018, the Commission shall submit a report to the European Parliament and to the Council on the implementation and application of Regulation 5.3 of MLC 2006 regarding labour-supplying responsibilities. If appropriate, the report may include proposals for measures to enhance living and working conditions in the maritime sector.
Article 7
Transposition
1. Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by 31 March 2015. They shall forthwith communicate to the Commission the text of those provisions.
When Member States adopt those measures, they shall contain a reference to this Directive or shall be accompanied by such a reference on the occasion of their official publication. The methods for making such references shall be laid down by Member States.
2. Member States shall communicate to the Commission the text of the main measures of national law which they adopt in the field covered by this Directive.
Article 8
Entry into force
This Directive shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.
Article 9
Addressees
This Directive is addressed to the Member States.
Done at Strasbourg, 20 November 2013.
For the European Parliament
The President
M. SCHULZ
For the Council
The President
V. LEŠKEVIČIUS
(1) OJ C 299, 4.10.2012, p. 153.
(2) Position of the European Parliament of 8 October 2013 (not yet published in the Official Journal) and decision of the Council of 15 November 2013.
(3) Council Decision 2007/431/EC of 7 of June 2007 authorising Member States to ratify, in the interests of the European Community, the Maritime Labour Convention, 2006, of the International Labour Organisation (OJ L 161, 22.6.2007, p. 63).
(4) Council Directive 2009/13/EC of 16 February 2009 implementing the Agreement concluded by the European Community Shipowners’ Associations (ECSA) and the European Transport Workers’ Federation (ETF) on the Maritime Labour Convention, 2006 and amending Directive 1999/63/EC (OJ L 124, 20.5.2009, p. 30).
(5) Directive 2009/21/EC of the European Parliament and of the Council of 23 April 2009 on compliance with flag State requirements (OJ L 131, 28.5.2009, p. 132).
(6) Regulation (EC) No 1406/2002 of the European Parliament and of the Council of 27 June 2002 establishing a European Maritime Safety Agency (OJ L 208, 5.8.2002, p. 1).
(7) Directive 2009/15/EC of the European Parliament and of the Council of 23 April 2009 on common rules and standards for ship inspection and survey organisations and for the relevant activities of maritime administrations (OJ L 131, 28.5.2009, p. 47).
Commission statement
‘The Commission considers that the title does not properly reflect the scope of the Directive.’
10.12.2013 |
EN |
Official Journal of the European Union |
L 329/5 |
DIRECTIVE 2013/56/EU OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
of 20 November 2013
amending Directive 2006/66/EC of the European Parliament and of the Council on batteries and accumulators and waste batteries and accumulators as regards the placing on the market of portable batteries and accumulators containing cadmium intended for use in cordless power tools, and of button cells with low mercury content, and repealing Commission Decision 2009/603/EC
(Text with EEA relevance)
THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty on the Functioning of the European Union, and in particular Article 192(1) thereof,
Having regard to the proposal from the European Commission,
After transmission of the draft legislative act to the national parliaments,
Having regard to the opinion of the European Economic and Social Committee (1),
After consulting the Committee of the Regions,
Acting in accordance with the ordinary legislative procedure (2),
Whereas:
(1) |
Directive 2006/66/EC of the European Parliament and of the Council (3) prohibits the placing on the market of portable batteries and accumulators, including those incorporated into appliances, that contain more than 0,002 % of cadmium by weight. However, portable batteries and accumulators intended for use in cordless power tools are exempted from that ban. |
(2) |
The Commission has reviewed that exemption in accordance with Article 4(4) of Directive 2006/66/EC. |
(3) |
That review has led to the conclusion that, in order to gradually diminish the amount of cadmium released into the environment, the prohibition of the use of cadmium should be extended to portable batteries and accumulators intended for use in cordless power tools because suitable cadmium-free substitutes for such applications are available on the market, namely nickel-metal hydride and lithium-ion battery technologies. |
(4) |
The existing exemption for portable batteries and accumulators intended for use in cordless power tools should continue to apply until 31 December 2016 in order to enable the recycling industry and consumers along the whole value chain to further adapt to the relevant substitute technologies across all the regions of the Union in a uniform manner. |
(5) |
Directive 2006/66/EC prohibits the placing on the market of all batteries or accumulators, whether or not incorporated into appliances, that contain more than 0,0005 % of mercury by weight. However, button cells with a mercury content of no more than 2 % by weight are exempted from that prohibition. The Union button cell market is already experiencing a shift towards mercury-free button cells. It is therefore appropriate to prohibit the marketing of button cells with a mercury content exceeding 0,0005 % by weight. |
(6) |
As a consequence of the entry into force of the Lisbon Treaty, the powers conferred on the Commission under Directive 2006/66/EC need to be aligned with Articles 290 and 291 of the Treaty on the Functioning of the European Union (TFEU). |
(7) |
In order to supplement or amend Directive 2006/66/EC, the power to adopt acts in accordance with Article 290 TFEU should be delegated to the Commission in respect of criteria for the assessment of equivalent conditions regarding treatment and recycling outside the Union, capacity labelling of portable and automotive batteries and accumulators and exemptions from the labelling requirements. It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level. The Commission, when preparing and drawing-up delegated acts, should ensure a simultaneous, timely and appropriate transmission of relevant documents to the European Parliament and the Council. |
(8) |
Wherever appropriate, the producer registration requirements and format should be coherent with regard to the registration rules and format established pursuant to Article 16(3) of, and Part A of Annex X to Directive 2012/19/EU of the European Parliament and of the Council (4). |
(9) |
In order to ensure uniform conditions for the implementation of Directive 2006/66/EC, implementing powers should be conferred on the Commission in respect of transitional arrangements regarding minimum collection rates, a common methodology for the calculation of annual sales of portable batteries and accumulators to end-users, detailed rules regarding the calculation of recycling efficiencies, and a questionnaire or outline for national implementation reports. Those powers should be exercised in accordance with Regulation (EU) No 182/2011 of the European Parliament and of the Council (5). |
(10) |
Directive 2006/12/EC of the European Parliament and of the Council (6) was repealed by Directive 2008/98/EC of the European Parliament and of the Council (7) with effect from 12 December 2010. |
(11) |
Directive 2006/66/EC should therefore be amended accordingly, |
HAVE ADOPTED THIS DIRECTIVE:
Article 1
Directive 2006/66/EC is amended as follows:
(1) |
Article 4 is amended as follows:
|
(2) |
Article 6(2) is replaced by the following: ‘2. Batteries and accumulators which do not meet the requirements of this Directive, but which were lawfully placed on the market prior to the date of application of the respective prohibitions in Article 4, may continue to be marketed until stocks are exhausted.’; |
(3) |
Article 10(4) is replaced by the following: ‘4. The Commission may establish by means of implementing acts transitional arrangements to address difficulties faced by a Member State in satisfying the requirements of paragraph 2 as a result of specific national circumstances. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 24(2). In order to ensure uniform application of this Article, the Commission shall establish by means of implementing acts a common methodology for the calculation of annual sales of portable batteries and accumulators to end-users by 26 September 2007. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 24(2).’; |
(4) |
Article 11 is replaced by the following: ‘Article 11 Removal of waste batteries and accumulators Member States shall ensure that manufacturers design appliances in such a way that waste batteries and accumulators can be readily removed. Where they cannot be readily removed by the end-user, Member States shall ensure that manufacturers design appliances in such a way that waste batteries and accumulators can be readily removed by qualified professionals that are independent of the manufacturer. Appliances in which batteries and accumulators are incorporated shall be accompanied by instructions on how those batteries and accumulators can be safely removed by either the end-user or by independent qualified professionals. Where appropriate, the instructions shall also inform the end-user of the types of battery or accumulator incorporated into the appliance. The provisions set out in the first paragraph shall not apply where, for safety, performance, medical or data integrity reasons, continuity of power supply is necessary and a permanent connection between the appliance and the battery or accumulator is required.’; |
(5) |
Article 12(6) is replaced by the following: ‘6. The Commission shall, by means of implementing acts, adopt detailed rules regarding the calculation of recycling efficiencies by 26 March 2010. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 24(2).’; |
(6) |
Article 12(7) is deleted; |
(7) |
Article 15(3) is replaced by the following: ‘3. The Commission shall be empowered to adopt delegated acts in accordance with Article 23a to lay down detailed rules supplementing the rules referred to in paragraph 2 of this Article, in particular criteria for the assessment of equivalent conditions as referred to therein.’; |
(8) |
Article 17 is replaced by the following: ‘Article 17 Registration Member States shall ensure that each producer is registered. Registration shall be subject to the same procedural requirements in each Member State in accordance with Annex IV.’; |
(9) |
Article 18(2) is replaced by the following: ‘2. Member States shall make public the draft exemption measures referred to in paragraph 1, and the grounds for proposing them and shall notify them to the Commission and other Member States.’; |
(10) |
Article 21 is amended as follows:
|
(11) |
Article 22(2) is replaced by the following: ‘2. Reports shall be drawn up on the basis of a questionnaire or outline. The Commission shall establish by means of implementing acts the questionnaire or the outline for those reports. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 24(2). The questionnaire or outline shall be sent to Member States six months before the beginning of the first reporting period.’; |
(12) |
The following Article is added: ‘Article 23a Exercise of the delegation 1. The power to adopt delegated acts is conferred on the Commission subject to the conditions laid down in this Article. 2. The power to adopt delegated acts referred to in Article 15(3) and Article 21(2) and (7) shall be conferred on the Commission for a period of five years from 30 December 2013. The Commission shall draw up a report in respect of the delegation of power not later than nine months before the end of the five-year period. The delegation of power shall be tacitly extended for periods of an identical duration, unless the European Parliament or the Council opposes such extension not later than three months before the end of each period. 3. The delegation of power referred to in Article 15(3) and Article 21(2) and (7) may be revoked at any time by the European Parliament or by the Council. A decision to revoke shall put an end to the delegation of the power specified in that decision. It shall take effect the day following the publication of the decision in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated acts already in force. 4. As soon as it adopts a delegated act, the Commission shall notify it simultaneously to the European Parliament and to the Council. 5. A delegated act adopted pursuant to Article 15(3) and Article 21(2) and (7) shall enter into force only if no objection has been expressed either by the European Parliament or the Council within a period of two months of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by two months at the initiative of the European Parliament or the Council.’; |
(13) |
Article 24 is replaced by the following: ‘Article 24 Committee procedure 1. The Commission shall be assisted by the Committee established by Article 39 of Directive 2008/98/EC of the European Parliament and of the Council (8). That Committee shall be a committee within the meaning of Regulation (EU) No 182/2011 of the European Parliament and of the Council (9). 2. Where reference is made to this paragraph, Article 5 of Regulation (EU) No 182/2011 shall apply. Where the committee delivers no opinion, the Commission shall not adopt the draft implementing act and the third subparagraph of Article 5(4) of Regulation (EU) No 182/2011 shall apply. (8) Directive 2008/98/EC of the European Parliament and of the Council of 19 November 2008 on waste and repealing certain Directives (OJ L 312, 22.11.2008, p. 3)." (9) Regulation (EU) No 182/2011 of the European Parliament and of the Council of 16 February 2011 laying down the rules and general principles concerning mechanisms for control by Member States of the Commission’s exercise of implementing powers (OJ L 55, 28.2.2011, p. 13).’;" |
(14) |
the following Annex is added: ‘ANNEX IV Procedural requirements for registration 1. Requirements for registration Registration of producers of batteries and accumulators shall take place with the national authorities or with national producer responsibility organisations authorised by Member States (hereinafter: registration bodies), either on paper or electronically. The registration procedure may be part of another producer registration procedure. Producers of batteries and accumulators shall only need to register once in a Member State where they place batteries and accumulators on the Member State market for the first time on a professional basis, and shall be provided with a registration number upon registration. 2. Information to be provided by the producers Producers of batteries and accumulators shall provide to the registration bodies the following information:
For the purpose of the registration referred to in the second paragraph of point 1, the producers of batteries and accumulators shall not be obliged to provide any other information than listed in point 2(i)-(vii). 3. Registration fees Registration bodies may only apply registration fees on the condition that these are cost-based and proportionate. Registration bodies applying registration fees shall inform the competent national authorities of the methodology of the cost calculation of the fees. 4. Change of registration data Member States shall ensure that in case the data provided by producers in accordance with point 2(i)-(vii) changes, producers shall inform the relevant registration body thereof no later than one month after the change. 5. Deregistration When producers cease to be producers in a Member State, they shall deregister by informing the relevant registration body thereof.’ |
Article 2
Repeal of Commission Decision 2009/603/EC
Commission Decision 2009/603/EC (10) shall be repealed with effect from 1 July 2015.
Article 3
Transposition
1. Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with Article 1 of this Directive by 1 July 2015. They shall forthwith communicate to the Commission the text of those provisions.
2. When Member States adopt those provisions, they shall contain a reference to this Directive or be accompanied by such a reference on the occasion of their official publication. Member States shall determine how such reference is to be made.
3. Member States shall communicate to the Commission the text of the main provisions of the national law which they adopt in the field covered by this Directive.
Article 4
Entry into force
This Directive shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.
Article 5
Addressees
This Directive is addressed to the Member States.
Done at Strasbourg, 20 November 2013.
For the European Parliament
The President
M. SCHULZ
For the Council
The President
V. LEŠKEVIČIUS
(1) OJ C 229, 31.7.2012, p. 140.
(2) Position of the European Parliament of 10 October 2013 (not yet published in the Official Journal) and decision of the Council of 15 November 2013.
(3) Directive 2006/66/EC of the European Parliament and of the Council of 6 September 2006 on batteries and accumulators and waste batteries and accumulators and repealing Directive 91/157/EEC (OJ L 266, 26.9.2006, p. 1).
(4) Directive 2012/19/EU of the European Parliament and of the Council of 4 July 2012 on waste electrical and electronic equipment (WEEE) (OJ L 197, 24.7.2012, p. 38).
(5) Regulation (EU) No 182/2011 of the European Parliament and of the Council of 16 February 2011 laying down the rules and general principles concerning mechanisms for control by Member States of the Commission’s exercise of implementing powers (OJ L 55, 28.2.2011, p. 13).
(6) Directive 2006/12/EC of the European Parliament and of the Council of 5 April 2006 on waste (OJ L 114, 27.4.2006, p. 9).
(7) Directive 2008/98/EC of the European Parliament and of the Council of 19 November 2008 on waste and repealing certain Directives (OJ L 312, 22.11.2008, p. 3).
(10) Commission Decision 2009/603/EC of 5 August 2009 establishing requirements for registration of producers of batteries and accumulators in accordance with Directive 2006/66/EC of the European Parliament and of the Council (OJ L 206, 8.8.2009, p. 13).
II Non-legislative acts
REGULATIONS
10.12.2013 |
EN |
Official Journal of the European Union |
L 329/10 |
COMMISSION IMPLEMENTING REGULATION (EU) No 1277/2013
of 9 December 2013
authorising an increase of the limits for the enrichment of wine produced using the grapes harvested in 2013 in certain wine-growing regions or a part thereof
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 the third paragraph of Article 121 thereof,
Whereas:
(1) |
Point A.3 of Annex XVa to Regulation (EC) No 1234/2007 provides that Member States may request that the limits for increasing the alcoholic strength (enrichment) of wine by volume be raised by up to 0,5 % in years in which climatic conditions have been exceptionally unfavourable. |
(2) |
The Czech Republic, Germany, France, Croatia, Luxembourg, Hungary, Austria and Slovakia have requested such increases of the limits for enrichment of the wine produced using the grapes harvested in the year 2013, as climatic conditions during the growing season have been exceptionally unfavourable. Such request has been made by the Czech Republic, Germany, Croatia, Luxembourg, Hungary, Austria and Slovakia for all their wine-growing regions and by France for some communes within the department of Gironde. |
(3) |
Due to the exceptionally adverse weather conditions during 2013, the limits on increases in the natural alcoholic strength provided for in point A.2 of Annex XVa to Regulation (EC) No 1234/2007 do not enable the production of wine with an appropriate total alcoholic strength in certain wine-growing regions or a part thereof for which there would normally be market demand. |
(4) |
Having regard to the purpose of Annex XVa to Regulation (EC) No 1234/2007, namely to discourage and limit enrichment of wine, and given the exceptional nature of the derogation in point A.3 of that Annex, authorisations to increase the limits for the enrichment of wine should be granted only for the wine-growing regions or parts thereof affected by exceptionally unfavourable climatic conditions. Therefore, in France, the authorisation should only be granted for a limited number of communes in the department of Gironde that have suffered such climatic conditions. |
(5) |
It is therefore appropriate to authorise an increase of the limits for the enrichment of wine produced using the grapes harvested in 2013 in wine-growing regions in the Czech Republic, Germany, France, Croatia, Luxembourg, Hungary, Austria, and Slovakia or a part thereof. |
(6) |
The measures provided for in this Regulation are in accordance with the opinion of the Management Committee for the Common Organisation of Agricultural Markets, |
HAS ADOPTED THIS REGULATION:
Article 1
By way of derogation from point A.2 of Annex XVa to Regulation (EC) No 1234/2007, in the wine-growing regions or a part thereof listed in the Annex to this Regulation, the increase in natural alcoholic strength by volume of fresh grapes harvested in the year 2013, grape must, grape must in fermentation, new wine still in fermentation and wine produced using the grapes harvested in the year 2013, shall not exceed the following limits:
(a) |
3,5 % vol. in wine-growing zone A referred to in the appendix to Annex XIb to Regulation (EC) No 1234/2007; |
(b) |
2,5 % vol. in wine-growing zone B referred to in the appendix to Annex XIb to Regulation (EC) No 1234/2007; |
(c) |
2,0 % vol. in wine-growing zones C I and C II referred to in the appendix to Annex XIb to Regulation (EC) No 1234/2007. |
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 all Member States.
Done at Brussels, 9 December 2013.
For the Commission
The President
José Manuel BARROSO
(1) OJ L 299, 16.11.2007, p. 1.
ANNEX
Wine-growing regions or a part thereof where an increase of the enrichment limit is authorised pursuant to Article 1
Member State |
Wine-growing regions or part thereof (wine-growing zone) |
Czech Republic |
All wine-growing regions (zones A and B) |
Germany |
All wine-growing regions (zones A and B) |
France |
The following communes within the department of Gironde: Arbanats, Ayguemorte-Les-Graves, Baurech, Beautiran, Belvès-de-Castillon, Blésignac, Branne, Cabara, Camiac-et-Saint-Denis, Capian, Cardan, Castillon-la-Bataille, Castres-Gironde, Civrac-sur-Dordogne, Daignac, Dardenac, Espiet, Faleyras, Francs, Gardegan-et-Tourtirac, Grézillac, Guillac, Haux, La Brède, Langoiran, Lestiac-sur-Garonne, Lugaignac, Mouillac, Mouliets-et-Villemartin, Naujan-et-Postiac, Paillet, Podensac, Portets, Pujols, Rions, Saint-Aubin-de-Branne, Sainte-Colombe, Saint-Étienne-de-Lisse, Sainte-Florence, Saint-Genès-de-Castillon, Saint-Genès-de-Lombaud, Saint-Jean-de-Blaignac, Saint-Léon, Saint-Magne-de-Castillon, Saint-Michel-de-Rieufret, Saint-Morillon, Saint-Pey-d’Armens, Saint-Philippe-d’Aiguille, Saint-Selve, Sainte-Terre, Les Salles-de-Castillon, La Sauve, Tabanac, Tizac-de-Curton, Le Tourne, Vignonet, Villenave-de-Rions and Virelade (zone CI) |
Croatia |
All wine-growing regions (zones B, CI and CII) |
Luxembourg |
All wine-growing regions (zone A) |
Hungary |
All wine-growing regions (zone CI) |
Austria |
All wine-growing regions (zone B) |
Slovakia |
All wine-growing regions (zones B and CI) |
10.12.2013 |
EN |
Official Journal of the European Union |
L 329/13 |
COMMISSION IMPLEMENTING REGULATION (EU) No 1278/2013
of 9 December 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, 9 December 2013.
For the Commission, On behalf of the President,
Jerzy PLEWA
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 |
AL |
45,1 |
MA |
81,4 |
|
TN |
86,4 |
|
TR |
84,7 |
|
ZZ |
74,4 |
|
0707 00 05 |
AL |
59,9 |
MA |
127,8 |
|
TR |
122,5 |
|
ZZ |
103,4 |
|
0709 93 10 |
MA |
153,0 |
TR |
161,8 |
|
ZZ |
157,4 |
|
0805 10 20 |
AR |
30,4 |
AU |
88,3 |
|
MA |
36,7 |
|
TR |
61,1 |
|
UY |
36,0 |
|
ZA |
55,2 |
|
ZW |
19,7 |
|
ZZ |
46,8 |
|
0805 20 10 |
AU |
135,6 |
MA |
58,6 |
|
ZZ |
97,1 |
|
0805 20 30, 0805 20 50, 0805 20 70, 0805 20 90 |
TR |
66,3 |
ZZ |
66,3 |
|
0805 50 10 |
TR |
70,1 |
ZZ |
70,1 |
|
0808 10 80 |
BA |
42,7 |
MK |
36,9 |
|
NZ |
160,5 |
|
US |
165,4 |
|
ZA |
199,9 |
|
ZZ |
121,1 |
|
0808 30 90 |
TR |
130,9 |
US |
211,2 |
|
ZZ |
171,1 |
(1) Nomenclature of countries laid down by Commission Regulation (EC) No 1833/2006 (OJ L 354, 14.12.2006, p. 19). Code ‘ZZ’ stands for ‘of other origin’.
DIRECTIVES
10.12.2013 |
EN |
Official Journal of the European Union |
L 329/15 |
COMMISSION DIRECTIVE 2013/60/EU
of 27 November 2013
amending for the purposes of adapting to technical progress, Directive 97/24/EC of the European Parliament and of the Council on certain components and characteristics of two or three-wheel motor vehicles, Directive 2002/24/EC of the European Parliament and of the Council relating to the type-approval of two or three-wheel motor vehicles and Directive 2009/67/EC of the European Parliament and of the Council on the installation of lighting and light-signalling devices on two- or three-wheel motor vehicles
(Text with EEA relevance)
THE EUROPEAN COMMISSION,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to Directive 97/24/EC of the European Parliament and of the Council of 17 June 1997 on certain components and characteristics of two or three-wheel motor vehicles (1) and in particular Article 7 thereof,
Having regard to Directive 2002/24/EC of the European Parliament and of the Council of 18 March 2002 relating to the type-approval of two or three-wheel motor vehicles (2) and in particular Article 17 thereof,
Having regard to Directive 2009/67/EC of the European Parliament and of the Council of 13 July 2009 on the installation of lighting and light-signalling devices on two or three-wheel motor vehicles (3) and in particular Article 4 thereof,
Whereas:
(1) |
The Union is a contracting party to the Agreement of the United Nations Economic Commission for Europe (UNECE) concerning the adoption of uniform technical prescriptions for wheeled vehicles, equipment and parts which can be fitted to and/or used on wheeled vehicles and the conditions for reciprocal recognition of approvals granted on the basis of these prescriptions (‘Revised 1958 Agreement’) (4). In order to simplify the type-approval legislation of the Union in line with the recommendations of the final report entitled ‘CARS 21: A Competitive Automotive Regulatory System for the 21st century’, it is appropriate to amend EU Directives by the incorporation into Union law and application of additional UNECE Regulations in current type-approval legislation of L-category vehicles without reducing the level of protection. To reduce the administrative burden associated with the type-approval procedures, vehicle manufacturers should be allowed to seek type-approval in accordance with the relevant UNECE regulations referred to in Article 1 of this Directive. |
(2) |
In the transitional period until the date on which UNECE Regulation No 41 on noise emissions of motorcycles (5) is made obligatory in Regulation (EU) No 168/2013 of the European Parliament and of the Council of 15 January 2013 on the approval and market surveillance of two- or three-wheel vehicles and quadricycles (6), it is appropriate that, for new vehicle types, the sound requirements for motorcycles set out in Chapter 9 of Directive 97/24/EC and in the fourth series of amendments to UNECE Regulation No 41, including the associated sound limits set-out in Annex 6 to that UN Regulation, be regarded as equivalent. |
(3) |
In view of the disproportionately high level of hydrocarbon and carbon monoxide emissions produced by vehicle categories L1e, L2e and L6e (two- and three-wheel mopeds, and light quadricycles) it is appropriate to revise environmental test type I (tailpipe emissions after cold start) by including emission measurements starting directly after cold start in order better to reflect real-world use and the significant proportion of pollutant emissions produced directly after cold start while the engine warms up. The changes in the emission laboratory test procedure should be reflected in the administrative provisions, in particular in the changes as regards to the entries on the Certificate of Conformity (CoC) and of the measurement test results sheet in Directive 2002/24/EC. |
(4) |
In order to ensure a level playing field for all manufacturers and for the sake of equal environmental performance of L1e, L2e and L6e category vehicles in terms of crankcase gas emissions it is also appropriate to request the vehicle manufacturer, when applying for a new type approval, to state explicitly that zero emissions stem from the crankcase gas ventilation system for these vehicle categories, implying that the crankcase is properly sealed and that the crankcase gasses are not being discharged directly into the ambient atmosphere throughout the vehicle’s useful life. |
(5) |
In order to be coherent with UNECE lighting and light-signalling installation requirements for L-category vehicles and to improve their visibility, new types of such vehicles should be equipped with lights that switch on automatically in compliance with UNECE Regulations No 74 (L1e vehicles) (7) and No 53 (L3e motorcycles) (8) or with dedicated day-time running lights (DRL) complying with the relevant requirements of UNECE Regulation No 87 (9). For all other subcategories of L-category vehicles, an automatic switching on of lighting shall be installed or at the choice of the manufacturer, dedicated day-time running lights that automatically switch on. |
(6) |
This Directive should explicitly introduce the Euro level for category L1e, L2e and L6e vehicles falling in the scope of Directive 2002/24/EC. Certificates of Conformity for vehicles with an emission approval in accordance with previous provisions should continue to be allowed to indicate the Euro level on a voluntary basis. |
(7) |
The measures provided for in this Directive are in accordance with the opinion of the Technical Committee for Adaptation to Technical Progress. |
(8) |
In order to enable the adoption by Member States of the laws, regulations and administrative provisions necessary to comply with this Directive within the deadline established therein, it should enter into force on the day following that of its publication, |
HAS ADOPTED THIS DIRECTIVE:
Article 1
Directive 97/24/EC is amended as follows:
(1) |
Article 4(1) of Directive 97/24/EC is replaced by the following: ‘1. In accordance with the provisions of Article 11 of Directive 2002/24/EC, the equivalence shall be recognised of the requirements of Chapter 1 (tyres), Chapter 2 (lighting and light-signalling devices), Chapter 4 (rear-view mirrors), Annex III to Chapter 9 (permissible sound level and exhaust system requirements for motorcycles) and Chapter 11 (safety belts) annexed to this Directive and those of UNECE Regulations Nos 30 (10), 54 (11), 64 (12) and 75 (13) in respect of tyres, 3 (14), 19 (15), 20 (16), 37 (17), 38 (18), 50 (19), 53 (20), 56 (21), 57 (22), 72 (23), 74 (24) and 82 (25) in respect of lighting and light-signalling devices, 81 (26) in respect of rear-view mirrors, 16 (27) in respect of safety belts and 41 (28) in respect of noise emissions from motorcycles. (10) E/ECE/TRANS/505/REV 1/ADD 29." (11) E/ECE/TRANS/505/REV 1/ADD 53." (12) E/ECE/TRANS/505/REV 1/ADD 63." (13) E/ECE/TRANS/505/REV 1/ADD 74." (14) E/ECE/TRANS/324/ADD 2." (15) E/ECE/TRANS/324/REV 1/ADD 18." (16) E/ECE/TRANS/324/REV 1/ADD 19." (17) E/ECE/TRANS/505/REV 1/ADD 36." (18) E/ECE/TRANS/324/REV 1/ADD 37." (19) E/ECE/TRANS/505/REV 1/ADD 49." (20) E/ECE/TRANS/505/REV 1/ADD52/Rev.2." (21) E/ECE/TRANS/505/REV 1/ADD 55." (22) E/ECE/TRANS/505/REV 1/ADD 56." (23) E/ECE/TRANS/505/REV 1/ADD 71." (24) E/ECE/TRANS/505/REV 1/ADD73/Rev.2/Amend.1." (25) E/ECE/TRANS/505/REV 1/ADD 81." (26) E/ECE/TRANS/505/REV 1/ADD 80." (27) E/ECE/TRANS/505/REV 1/ADD 15." (28) E/ECE/TRANS/505/Rev.1/Add.40/Rev.2.’;" |
(2) |
Annexes I, II and IV to Chapter 5 of Directive 97/24/EC are amended in accordance with Annex I to this Directive. |
Article 2
Annexes IV and VII to Directive 2002/24/EC are amended in accordance with Annex II to this Directive.
Article 3
Annexes I to VI to Directive 2009/67/EC are amended in accordance with Annex III to this Directive.
Article 4
1. With effect from 1 July 2014 Member States shall refuse, on grounds relating to measures to counter air pollution and functional safety, to grant for any EC type-approval for new types of a two or three-wheel motor vehicle which does not comply with Directives 2002/24/EC and 97/24/EC as amended by this Directive.
2. With effect from 1 July 2014, Certificates of Conformity shall be issued for vehicles complying with the provisions of Directive 97/24/EC as amended by point 1 of Annex II to this Directive.
Article 5
1. Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by 30 June 2014 at the latest. They shall communicate to the Commission the relevant text of those provisions forthwith.
When Member States adopt such measures, these shall contain a reference to this Directive or be accompanied by such a reference on their official publication. Member States shall determine how such a reference is to be made.
2. Member States shall communicate to the Commission the text of the main provisions of national law which they adopt in the field covered by this Directive.
Article 6
This Directive shall enter into force on the day following that of its publication in the Official Journal of the European Union.
Article 7
This Directive is addressed to the Member States.
Done at Brussels, 27 November 2013.
For the Commission
The President
José Manuel BARROSO
(1) OJ L 226, 18.8.1997, p. 1.
(3) OJ L 222, 25.8.2009, p. 1.
(4) OJ L 346, 17.12.1997, p. 81.
(5) OJ L 317, 14.11.2012, p. 1.
(7) OJ L 166, 18.6.2013, p. 88.
(8) OJ L 166, 18.6.2013, p. 55.
(9) OJ L 164, 30.6.2010, p. 46.
ANNEX I
Annexes I, II and IV to Chapter 5 of Directive 97/24/EC are amended as follows:
(1) |
Annex I to Chapter 5 of Directive 97/24/EC is amended as follows:
|
(2) |
point 2.2.1.1.7 of Annex II to Chapter 5 of Directive 97/24/EC is amended as follows:
|
(3) |
Annex IV to Chapter 5 of Directive 97/24/EC is replaced by the following: ‘ANNEX IV SPECIFICATIONS FOR THE REFERENCE FUELS Petrol (E5) and diesel (B5) reference fuels shall be specified in accordance with section A of Annex IX to Commission Regulation (EC) No 692/2008 (2); |
(1) The limit for the mass of CO shall be 3,5 g/km in the case of three-wheel mopeds (L2e) and light quadricycles (L6e).
ANNEX II
(1) |
Annex IV to Directive 2002/24/EC is amended as follows:
|
(2) |
Annex VII to Directive 2002/24/EC is amended as follows:
|
ANNEX III
Annexes I to VI to Directive 2009/67/EC are amended as follows:
(1) |
The List of Annexes is amended as follows:
|
(2) |
Annex I is amended as follows:
|
(3) |
Annex II is amended as follows:
|
(4) |
Annex III is amended as follows:
|
(5) |
Annex IV is amended as follows:
|
(6) |
Annex V is amended as follows:
|
(7) |
Annex VI is amended as follows:
|
DECISIONS
10.12.2013 |
EN |
Official Journal of the European Union |
L 329/39 |
COUNCIL DECISION 2013/725/CFSP
of 9 December 2013
amending and extending Decision 2012/173/CFSP on the activation of the EU Operations Centre for the Common Security and Defence Policy missions and operation in the Horn of Africa
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty on European Union, and in particular Articles 42(4) and 43(2) thereof,
Having regard to the proposal from the High Representative of the Union for Foreign Affairs and Security Policy,
Whereas:
(1) |
On 16 July 2012 the Council adopted Decision 2012/389/CFSP (1) establishing the European Union Mission on Regional Maritime Capacity Building in the Horn of Africa (EUCAP Nestor). |
(2) |
On 8 October 2013 the Political and Security Committee (PSC) agreed that the mandate of the EU Operations Centre for the Common Security and Defence Policy (CSDP) missions and operation in the Horn of Africa should be extended for a period of 12 months. |
(3) |
Council Decision 2012/173/CFSP (2) should therefore be amended and extended accordingly, |
HAS ADOPTED THIS DECISION:
Article 1
Decision 2012/173/CFSP is hereby amended as follows:
(1) |
In Article 1, paragraph 1 is replaced by the following: ‘1. The EU Operations Centre shall be activated in support of the CSDP missions and operation in the Horn of Africa, namely Operation Atalanta, EUTM Somalia and EUCAP Nestor.’. |
(2) |
Article 2 is amended as follows:
|
(3) |
Article 3 is amended as follows:
|
(4) |
In Article 9, the second subparagraph is replaced by the following: ‘It shall apply from 23 March 2012 until 22 March 2015.’. |
Article 2
This Decision shall enter into force on the date of its adoption.
Done at Brussels, 9 December 2013.
For the Council
The President
A. PABEDINSKIENĖ
(1) Council Decision 2012/389/CFSP of 16 July 2012 on the European Union Mission on Regional Maritime Capacity Building in the Horn of Africa (EUCAP NESTOR) (OJ L 187, 17.7.2012, p. 40).
(2) Council Decision 2012/173/CFSP of 23 March 2012 on the activation of the EU Operations Centre for the Common Security and Defence Policy missions and operation in the Horn of Africa (OJ L 89, 27.3.2012, p. 66).
10.12.2013 |
EN |
Official Journal of the European Union |
L 329/41 |
COUNCIL DECISION 2013/726/CFSP
of 9 December 2013
in support of the UNSCR 2118 (2013) and OPCW Executive Council EC-M-33/Dec 1, in the framework of the implementation of the EU Strategy against Proliferation of Weapons of Mass Destruction
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty on European Union, and in particular Article 26(2) and Article 31(1) thereof,
Having regard to the proposal from the High Representative of the Union for Foreign Affairs and Security Policy,
Whereas:
(1) |
On 27 September 2013, the Executive Council of the Organisation for the Prohibition of Chemical Weapons (OPCW) adopted a ‘Decision on the destruction of Syrian chemical weapons’ during its EC-M-33 session. |
(2) |
On 27 September 2013, the United Nations Security Council adopted Resolution 2118 (2013), endorsing the OPCW Executive Council Decision and expressing deep outrage at the use of chemical weapons on 21 August 2013 in Rif Damascus, as concluded in the UN Mission's report, condemning the killing of civilians that resulted from it, affirming that the use of chemical weapons constitutes a serious violation of international law, and stressing that those responsible for any use of chemical weapons must be held accountable; as well as stressing that the only solution to the current crisis in the Syrian Arab Republic is through an inclusive and Syrian-led political process based on the Geneva Communiqué of 30 June 2012, and emphasising the need to convene the international conference on Syria as soon as possible. |
(3) |
By means of a declaration, the Government of the Syrian Arab Republic acknowledged the existence of a large scale chemical weapons programme and considerable quantities of chemical weapons, including hazardous toxic chemical components of such weapons, posing serious non-proliferation, disarmament and security concerns. |
(4) |
Following the accession of the Syrian Arab Republic to the Convention on the Prohibition of the Development, Production, Stockpiling and Use of Chemical Weapons and on their Destruction (hereinafter the ‘Chemical Weapons Convention’ or ‘CWC’), effective from 14 October 2013, the OPCW is responsible for verifying Syria's compliance with the CWC and the terms of any relevant OPCW Executive Council Decisions and, as part of the Joint Mission, for overseeing compliance with the terms of any relevant UNSC resolutions. |
(5) |
On 16 October 2013, the OPCW Director-General reminded States Parties to the CWC (note S/1132/2013) that in its decision on the ‘Destruction of Syrian Chemical Weapons’ (EC-M-33/DEC.1), the Executive Council decided, inter alia, ‘to consider, on an urgent basis, the funding mechanisms for activities carried out by the Secretariat with respect to the Syrian Arab Republic, and to call upon all States Parties in a position to do so to provide voluntary contributions for activities carried out in the implementation of this decision’. In the same note, an appeal was made ‘to all States Parties to consider making their own voluntary contribution, in whatever amount, to the Trust Fund for Syria to help address what is perhaps one of the most daunting challenges in the history of the Organisation’. The Trust Fund can also accept contributions from other sources, including non-governmental organisations, institutions, or private donors. |
(6) |
The Council of the European Union in its conclusions on 21 October 2013 welcomed the OPCW Executive Council Decision and UNSCR 2118, and reiterated the Union's readiness to consider support. |
(7) |
On 12 December 2003, the European Council adopted the EU Strategy against Proliferation of Weapons of Mass Destruction (the ‘Strategy’), Chapter III of which contains a list of measures that need to be taken both within the Union and in third countries to combat such proliferation. |
(8) |
The Strategy underlines the crucial role of the CWC and of the OPCW in creating a world free of chemical weapons. |
(9) |
The Union is actively implementing the Strategy and is giving effect to the measures listed in Chapter III thereof, in particular through releasing financial resources to support specific projects conducted by multilateral institutions, such as the OPCW. Accordingly, on 23 March 2012, the Council adopted Decision 2012/166/CFSP (1) in support of activities of the OPCW. |
(10) |
On 21 November 2013, the Director-General of OPCW made a request to the Union for a contribution to the Trust Fund for Syria. |
(11) |
The technical implementation of this Decision should be entrusted to the OPCW. The projects as supported by the Union can only be financed through voluntary contributions to the OPCW Trust Fund. Such contributions to be provided by the Union will be instrumental in enabling the OPCW to fulfil the tasks as indicated in the relevant OPCW Executive Council Decisions of 27 September and 15 November 2013, and in UNSCR 2118 of 27 September 2013. |
(12) |
The supervision of the proper implementation of the Union's financial contribution should be entrusted to the Commission, |
HAS ADOPTED THIS DECISION:
Article 1
1. The Union shall support the OPCW activities by contributing to costs associated with the inspection and verification of the destruction of Syrian chemical weapons, as well as costs associated with activities complementary to the core mandated tasks in support of UNSCR 2118 (2013) and the OPCW Executive Council Decision of 27 September 2013 on the destruction of Syrian chemical weapons and subsequent and related resolutions and decisions.
2. The project supported through this Council Decision is the provision of situation-awareness products related to the security of the OPCW-UN Joint Mission, including the status of the road network through the delivery to OPCW of satellite imagery and related information products of the EU Satellite Centre (EU SATCEN).
A detailed description of the project is set out in the Annex.
Article 2
1. The High Representative of the Union for Foreign Affairs and Security Policy (the ‘HR’) shall be responsible for the implementation of this Decision.
2. The technical implementation of the activities referred to in Article 1(2) shall be entrusted to the OPCW. It shall perform this task under the responsibility of the HR. For this purpose, the HR shall enter into the necessary arrangements with the OPCW.
Article 3
1. The financial reference amount for the implementation of the project referred to in Article 1(2) shall be EUR 2 311 842.
2. The expenditure financed by the amount set out in paragraph 1 shall be managed in accordance with the procedures and rules applicable to the Union budget.
3. The Commission shall supervise the proper management of the expenditure referred to in paragraph 1. For this purpose, it shall conclude a financing agreement with the OPCW. The financing agreement shall stipulate that the OPCW is to ensure visibility of the Union's contribution, appropriate to its size.
4. The Commission shall endeavour to conclude the financing agreement referred to in paragraph 3 as soon as possible after the entry into force of this Decision. It shall inform the Council of any difficulties in that process and of the date of conclusion of the financing agreement.
Article 4
1. The HR shall report to the Council on the implementation of this Decision on the basis of regular reports prepared by the OPCW. Those reports shall form the basis for the evaluation by the Council.
2. The Commission shall provide the Council with information on the financial aspects of the implementation of the project referred to in Article 1(2).
Article 5
1. This Decision shall enter into force on the day of its adoption.
2. It shall expire 12 months after the date of the conclusion of the financing agreement between the Commission and the OPCW referred to in Article 3(3), or it shall expire on 10 June 2014 if no such financing agreement has been concluded before that date.
Done at Brussels, 9 December 2013.
For the Council
The President
A. PABEDINSKIENĖ
(1) Council Decision 2012/166/CFSP of 23 March 2012 in support of activities of the Organisation for the Prohibition of Chemical Weapons (OPCW) in the framework of the implementation of the EU Strategy against Proliferation of Weapons of Mass Destruction (OJ L 87, 24.3.2012, p. 49).
ANNEX
EUROPEAN UNION SUPPORT OF THE UNSCR 2118 (2013) AND OPCW EXECUTIVE COUNCIL EC-M-33/DEC.1, IN THE FRAMEWORK OF THE IMPLEMENTATION OF THE EU STRATEGY AGAINST PROLIFERATION OF WEAPONS OF MASS DESTRUCTION
Project: Providing satellite imagery support to the OPCW within the OPCW-UN Joint Mission
Objective:
To support OPCW within the OPCW-UN Joint Mission in its tasks under relevant UNSRs and OPCW Executive Council Decisions, as well as the terms of the Chemical Weapons Convention.
Results:
Assessment of the status of the road network, in particular the identification of road blocks and areas of road movement difficulties and; reinforcement of situation awareness in the field related to the security of the OPCW-UN Joint Mission deployed in Syria and in regard to locations to be visited/inspected.
Activities:
Support to OPCW will be provided through delivery of up to 5 satellite imagery products of the EU Satellite Centre (EU SATCEN) per week for a total duration starting from the signing of the contract until 31 December 2014.
The UN and the OPCW will develop their activities in cooperation with relevant partners, including international organisations and agencies, to ensure effective synergies and avoid duplication.
10.12.2013 |
EN |
Official Journal of the European Union |
L 329/44 |
COMMISSION IMPLEMENTING DECISION
of 6 December 2013
establishing a format for notifying the information on the adoption and substantial revisions of the waste management plans and the waste prevention programmes
(notified under document C(2013) 8641)
(Text with EEA relevance)
(2013/727/EU)
THE EUROPEAN COMMISSION,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to Directive 2008/98/EC of the European Parliament and of the Council of 19 November 2008 on waste and repealing certain Directives (1), and in particular Article 33(2) thereof,
Whereas:
(1) |
Pursuant to Article 28 of Directive 2008/98/EC Member States have to ensure that their competent authorities establish one or more waste management plans covering the entire geographical territory of the Member State concerned. |
(2) |
In addition, not later than 12 December 2013, Member States have to establish waste prevention programmes in accordance with Article 29 of Directive 2008/98/EC. |
(3) |
In order to facilitate the submission of the relevant information to the Commission on the adoption and substantial revisions of those plans and programmes the format for notifying such information should be adopted. |
(4) |
The measures provided for in this Decision are in accordance with the opinion of the Committee established by Article 39 of Directive 2008/98/EC, |
HAS ADOPTED THIS DECISION:
Article 1
Member States shall use the formats set out in Annexes I and II to this Decision to notify the Commission of the information on the adoption and substantial revisions of the waste management plans and waste prevention programmes referred to in Articles 28 and 29 of Directive 2008/98/EC.
Article 2
This Decision is addressed to the Member States.
Done at Brussels, 6 December 2013.
For the Commission
Janez POTOČNIK
Member of the Commission
(1) OJ L 312, 22.11.2008, p. 3.
ANNEX I
FORMAT FOR NOTIFYING THE INFORMATION ON THE ADOPTION AND SUBSTANTIAL REVISIONS OF THE WASTE MANAGEMENT PLANS
Name of the plan:
…
Administrative body (name, address, e-mail address, and other contact details where necessary) responsible for adoption/revision of the plan:
…
Electronic link to a publicly available website for the plan:
…
Administrative body (name, address, e-mail address, and other contact details where necessary) in charge of coordinating the information provided in this form:
…
Please tick the applicable box:
|
Adoption of a new waste management plan |
|
Substantial revision of a waste management plan |
(Important: Please indicate the relevant page number(s) of the notified plan and/or reference document related to each question)
1. General Information
1.1. |
Date of adoption/revision (month/year): |
1.2. |
Does the plan cover the entire territory of the Member State?
If no, please indicate what parts of the territory are not covered and provide reasons: … |
1.3. |
What is the scope of the waste management plan?
If the plan does not cover all waste streams, please indicate the relevant additional plans: … |
1.4. |
Does the plan comply with the requirements of Directive 2008/98/EC?
If no, please indicate the reasons: … |
1.5. |
Is the plan designed in accordance with the waste hierarchy set out in Article 4 of Directive 2008/98/EC?
If no, please specify for which waste streams the plan deviates from the waste hierarchy and the reasons for such deviations: … |
1.6. |
Does the plan include any waste prevention programme?
If yes, please provide the relevant website links: … |
1.7. |
How did the relevant stakeholders and authorities and the general public participate in the elaboration of the waste management plans and waste prevention programmes? … |
2. Information on collection schemes and waste treatment installations
2.1. |
Does the plan assess the need for new collection schemes and major disposal/recovery installation and related investments?
|
2.2. |
Does the plan provide information about the location of planned disposal or major recovery installations and the criteria for the choice of that location?
If yes, please indicate where these criteria are set out in the plan: … |
3. Information on waste-related targets
3.1. |
Are packaging and packaging waste covered by the plan (Article 14 of European Parliament and Council Directive 94/62/EC (1))
|
3.2. |
Does the plan set out strategies or measures for the implementation of the reduction of biodegradable waste going to landfills (Article 5 of Council Directive 1999/31/EC (2))
|
3.3. |
Does the plan contribute to reach the landfill biodegradable diversion targets?
|
3.4. |
Does the plan evaluate the usefulness and suitability of economic and other instruments, e. g. landfill taxes, in addressing waste issues?
If yes, please specify which economic instruments and related measures have been included in the plan: … |
ANNEX II
FORMAT FOR NOTIFYING THE INFORMATION ON THE ADOPTION AND SUBSTANTIAL REVISIONS OF THE WASTE PREVENTION PROGRAMMES
Name of the programme:
…
Electronic link to a publicly available website for this programme:
…
Administrative body (name, address, e-mail address and other contact details where necessary) responsible for the adoption/revision of the programme:
…
Administrative body (name, address, e-mail address, and other contact details where necessary) in charge of coordinating these answers:
…
Please tick the applicable box:
|
Adoption of a new waste prevention programme |
|
Substantial revision of a waste prevention programme (1) In case of a notification of a substantial revision of a waste prevention programme, which plan/programme does this revision refer to? Please describe briefly the scope and the main elements of the revision, indicating where the revised elements can be found within the waste prevention programme: … |
(Important: Please indicate the relevant page number(s) of the notified programme and/or reference document related to each question)
1. General information
1.1. |
Date of adoption/revision (month/year): |
1.2. |
Does the programme cover the entire territory of your Member State?
If no, please indicate what parts of the territory are not covered and provide reasons: … |
1.3. |
Is the programme integrated into a waste management plan?
If yes, please specify the waste management plan(s): … |
1.4. |
Is the programme included in other environmental policy programme(s)?
If yes, please specify the programme(s): … |
2. Information on waste prevention
2.1. |
Does the programme describe the existing prevention measures?
|
2.2. |
Does the programme set out waste prevention objectives?
|
2.3. |
To what extent do the objectives and measures aim at the decoupling of economic growth from the environmental impacts of waste generation? … |
2.4. |
Does the programme specify quantitative and/or qualitative benchmarks for adopted waste prevention measures?
If yes, please indicate whether they are qualitative and/or quantitative and the relevant page number(s): … |
2.5. |
Does the programme determine specific qualitative and/or quantitative targets and indicators?
If yes, please indicate whether they are qualitative and/or quantitative and the relevant page number(s): … |
(1) Only applicable if a waste prevention programme has already been notified to the European Commission.