ISSN 1977-0677

doi:10.3000/19770677.L_2014.032.eng

Official Journal

of the European Union

L 32

European flag  

English edition

Legislation

Volume 57
1 February 2014


Contents

 

II   Non-legislative acts

page

 

 

INTERNATIONAL AGREEMENTS

 

 

2014/50/EU

 

*

Council Decision of 20 January 2014 concerning the renewal of the Agreement on cooperation in science and technology between the European Community and the Government of the Russian Federation

1

 

 

REGULATIONS

 

*

Commission Implementing Regulation (EU) No 88/2014 of 31 January 2014 specifying a procedure for the amendment of Annex I to Regulation (EU) No 528/2012 of the European Parliament and of the Council concerning the making available on the market and use of biocidal products ( 1 )

3

 

*

Commission Implementing Regulation (EU) No 89/2014 of 31 January 2014 approving bis(N-cyclohexyl-diazenium-dioxy)-copper (Cu-HDO) as an existing active substance for use in biocidal products for product-type 8 ( 1 )

6

 

*

Commission Implementing Regulation (EU) No 90/2014 of 31 January 2014 approving decanoic acid as an existing active substance for use in biocidal products for product-types 4, 18 and 19 ( 1 )

9

 

*

Commission Implementing Regulation (EU) No 91/2014 of 31 January 2014 approving S-methoprene as an existing active substance for use in biocidal products for product-type 18 ( 1 )

13

 

*

Commission Implementing Regulation (EU) No 92/2014 of 31 January 2014 approving zineb as an existing active substance for use in biocidal products for product-type 21 ( 1 )

16

 

*

Commission Implementing Regulation (EU) No 93/2014 of 31 January 2014 approving octanoic acid as an existing active substance for use in biocidal products for product-types 4 and 18 ( 1 )

19

 

*

Commission Implementing Regulation (EU) No 94/2014 of 31 January 2014 approving iodine, including polyvinylpyrrolidone iodine, as an existing active substance for use in biocidal products for product-types 1, 3, 4 and 22 ( 1 )

23

 

 

Commission Implementing Regulation (EU) No 95/2014 of 31 January 2014 establishing the standard import values for determining the entry price of certain fruit and vegetables

27

 

 

Commission Implementing Regulation (EU) No 96/2014 of 31 January 2014 fixing the import duties in the cereals sector applicable from 1 February 2014

29

 

 

DECISIONS

 

 

2014/51/EU

 

*

Council Decision of 28 January 2014 authorising Member States to ratify, in the interests of the European Union, the Convention concerning decent work for domestic workers, 2011, of the International Labour Organisation (Convention No 189)

32

 

 

2014/52/EU

 

*

Council Decision of 28 January 2014 authorising Member States to ratify, in the interests of the European Union, the Convention concerning Safety in the Use of Chemicals at Work, 1990, of the International Labour Organization (Convention No 170)

33

 

 

RECOMMENDATIONS

 

 

2014/53/EU

 

*

Commission Recommendation of 29 January 2014 addressing the consequences of disenfranchisement of Union citizens exercising their rights to free movement

34

 

 

GUIDELINES

 

 

2014/54/EU

 

*

Guideline of the European Central Bank of 18 December 2013 amending Guideline ECB/2004/18 on the procurement of euro banknotes (ECB/2013/49)

36

 

 

RULES OF PROCEDURE

 

*

SUPPLEMENTARY RULES OF THE COURT OF JUSTICE

37

 


 

(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

INTERNATIONAL AGREEMENTS

1.2.2014   

EN

Official Journal of the European Union

L 32/1


COUNCIL DECISION

of 20 January 2014

concerning the renewal of the Agreement on cooperation in science and technology between the European Community and the Government of the Russian Federation

(2014/50/EU)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union, and in particular Article 186 in conjunction with point (v) of Article 218(6)(a) thereof,

Having regard to the proposal from the European Commission,

Having regard to the consent of the European Parliament (1),

Whereas:

(1)

By Decision 2000/742/EC (2), the Council approved the conclusion of the Agreement on cooperation in science and technology between the European Community and the Government of the Russian Federation (‘the Agreement’).

(2)

Article 12(b) of the Agreement provides, in particular, that the Agreement is renewable by common agreement between the Parties for additional periods of five years. By Decision 2009/313/EC (3), the Council last approved the renewal of the Agreement for an additional period of five years.

(3)

Following a joint review of the Agreement, both Parties took note of the recommendation by independent experts that the Agreement should be renewed for another five years in its current form.

(4)

The Parties to the Agreement consider that a renewal of the Agreement would be in their mutual interest.

(5)

The content of the renewed Agreement will be identical to the content of the Agreement, which expires on 20 February 2014.

(6)

As a consequence of the entry into force of the Treaty of Lisbon on 1 December 2009, the European Union has replaced and succeeded the European Community.

(7)

The renewal of the Agreement should be approved on behalf of the Union,

HAS ADOPTED THIS DECISION:

Article 1

The renewal of the Agreement on cooperation in science and technology between the European Community and the Government of the Russian Federation, for an additional period of five years, is hereby approved on behalf of the European Union.

Article 2

The President of the Council shall, on behalf of the Union, give the notification to the Government of the Russian Federation that the Union has completed its internal procedures necessary for the renewal of the Agreement in accordance with point (b) of Article 12 of the Agreement.

Article 3

The President of the Council shall, on behalf of the Union, make the following notification:

‘As a consequence of the entry into force of the Treaty of Lisbon on 1 December 2009, the European Union has replaced and succeeded the European Community and from that date exercises all rights and assumes all obligations of the European Community. Therefore, references to “the European Community” in the text of the Agreement are, where appropriate, to be read as to “the European Union” ’.

Article 4

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

Done at Brussels, 20 January 2014.

For the Council

The President

C. ASHTON


(1)  Not yet published in the Official Journal.

(2)  Council Decision 2000/742/EC of 16 November 2000 concerning the conclusion of the Agreement on cooperation in science and technology between the European Community and the Government of the Russian Federation (OJ L 299, 28.11.2000, p. 14).

(3)  Council Decision 2009/313/EC of 30 March 2009 concerning the renewal of the Agreement on cooperation in science and technology between the European Community and the Government of the Russian Federation (OJ L 92, 4.4.2009, p. 3).


REGULATIONS

1.2.2014   

EN

Official Journal of the European Union

L 32/3


COMMISSION IMPLEMENTING REGULATION (EU) No 88/2014

of 31 January 2014

specifying a procedure for the amendment of Annex I to Regulation (EU) No 528/2012 of the European Parliament and of the Council concerning the making available on the market and use of biocidal products

(Text with EEA relevance)

THE EUROPEAN COMMISSION,

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

Having regard to Regulation (EU) No 528/2012 of the European Parliament and of the Council of 22 May 2012 concerning the making available on the market and use of biocidal products (1), and in particular Article 28(5) thereof,

Whereas:

(1)

Categories 1, 2, 3, 4 and 5 of Annex I to Regulation (EU) No 528/2012 are well defined so as to allow certain presumptions as regards the properties of the substances falling therein. The inclusion in category 6 of that Annex requires the submission of a data package allowing a full risk assessment for the intended use. The procedure for amending one of those categories upon request in order to include therein active substances, or modifying the restrictions therein, should be transparent and equal for all applicants. It is therefore appropriate to further specify it.

(2)

The data required for inclusion of an active substance in Annex I to Regulation (EU) No 528/2012 should be sufficient to evidence that the substance does not give rise to concern within the meaning of Article 28(2) of Regulation (EU) No 528/2012.

(3)

In order to be consistent, the procedure for submission and validation of an application for inclusion of an active substance in Annex I to Regulation (EU) No 528/2012 should be identical to that for submission and validation of an application for approval of an active substance. However, where the former may require less data to be submitted, the evaluation procedure should be adapted accordingly.

(4)

The measures provided for in this Regulation are in accordance with the opinion of the Standing Committee on Biocidal Products referred to in Article 82(1) of Regulation (EU) No 528/2012,

HAS ADOPTED THIS REGULATION:

Article 1

Subject matter

This Regulation lays down the procedures to be followed for the purpose of amending, at the request of an applicant, Annex I to Regulation (EU) No 528/2012 in order to:

(a)

include active substances in category 1, 2, 3, 4, 5 or 6 of that Annex in accordance with Article 28(1) of that Regulation; or

(b)

make amendments of the relevant restrictions in those categories.

Article 2

Data requirements for an application

An application for an inclusion or an amendment referred to in Article 1 shall include the information specified in the Annex to this Regulation.

Article 3

Submission and validation of applications

1.   The procedure laid down in Article 7(1) and (2), the third subparagraph of Article 7(3), and Article 7(6) of Regulation (EU) No 528/2012 shall apply for the submission of applications for inclusions or amendments referred to in Article 1 of this Regulation.

2.   Where the application concerns category 6 of Annex I to Regulation (EU) No 528/2012, the first and second subparagraphs of Article 7(3) and Article 7(4) and (5) of that Regulation shall apply for the validation of the application.

Article 4

Evaluation of applications

1.   The evaluating competent authority shall evaluate whether there is evidence that the substance does not give rise to concern in accordance with Article 28(2) of Regulation (EU) No 528/2012 and, where relevant, to which restrictions its use should be subject. It shall send an assessment report and the conclusions of its evaluation to the European Chemicals Agency set up under Regulation (EC) No 1907/2006 of the European Parliament and of the Council (2) (‘the Agency’). Where the application concerns inclusion in category 1, 2, 3, 4 or 5 of Annex I to Regulation (EU) No 528/2012, the assessment report and the conclusions shall be submitted within 180 days of the payment of the fees referred to in the third subparagraph of Article 7(3) of that Regulation. Where the application concerns inclusion in category 6 of Annex I to Regulation (EU) No 528/2012, the assessment report and the conclusions shall be submitted within 365 days of validation of that application.

Prior to submitting its conclusions to the Agency, the evaluating competent authority shall give the applicant the opportunity to provide written comments on the assessment report and on the conclusions of the evaluation within 30 days. The evaluating competent authority shall take due account of those comments when finalising its evaluation.

2.   Where it appears that additional information is necessary to carry out the evaluation, the evaluating competent authority shall request that the applicant submit such information within a specified time limit, and shall inform the Agency accordingly. The periods referred to in paragraph 1 of this Article shall be suspended from the date of issue of that request until the date the information is received. The suspension shall not exceed 180 days in total unless it is justified by the nature of the data requested or by exceptional circumstances.

3.   An application concerning inclusion of an active substance in category 1, 2, 3, 4 or 5 of Annex I to Regulation (EU) No 528/2012, which, following a request for additional data pursuant to paragraph 2, complies fully with Article 6 of Regulation (EU) No 528/2012 shall, where the applicant so requests,

(a)

be considered as an application for inclusion in category 6 of Annex I to that Regulation; and

(b)

be subject to validation pursuant to Article 3(2).

4.   The Agency shall, having regard to the conclusions of the evaluating competent authority, prepare and submit to the Commission the opinion referred to in Article 28 of Regulation (EU) No 528/2012 within 270 days of receipt of the conclusions of the evaluation in the case of an application for inclusion in category 6 of Annex I to Regulation (EU) No 528/2012, and within 180 days of that receipt in the case of an application for inclusion in category 1, 2, 3, 4 or 5 of Annex I to that Regulation.

Article 5

Agency opinions eligible to form the basis for a Commission decision

Provided that there is evidence that an active substance does not give rise to concern within the meaning of Article 28(1) of Regulation (EU) No 528/2012, the Commission may adopt a decision pursuant to that Article amending Annex I to that Regulation in the sense referred to in Article 1 of this Regulation where the Agency has submitted an opinion pursuant to:

(a)

Article 4(4) of this Regulation;

(b)

Article 8(4) of Regulation (EU) No 528/2012; or

(c)

one of the acts provided for by Article 89(1) of Regulation (EU) No 528/2012.

Article 6

This Regulation shall enter into force on the twentieth 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, 31 January 2014.

For the Commission

The President

José Manuel BARROSO


(1)  OJ L 167, 27.6.2012, p. 1.

(2)  Regulation (EC) No 1907/2006 of the European Parliament and of the Council of 18 December 2006 concerning the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH), establishing a European Chemicals Agency, amending Directive 1999/45/EC and repealing Council Regulation (EEC) No 793/93 and Commission Regulation (EC) No 1488/94 as well as Council Directive 76/769/EEC and Commission Directives 91/155/EEC, 93/67/EEC, 93/105/EC and 2000/21/EC (OJ L 396, 30.12.2006, p. 1).


ANNEX

Data requirements for the inclusion of an active substance in Annex I to Regulation (EU) No 528/2012

SECTION A

Data for inclusion in category 1, 2, 3, 4 or 5

1.

An application for inclusion of an active substance in category 1, 2, 3, 4 or 5 of Annex I to Regulation (EU) No 528/2012 shall specify the relevant category, the identity of the substance and the intended uses of the products for which authorisation will be sought, and contain conclusive evidence to demonstrate the following:

(a)

that the substance complies with the description of the relevant category; and

(b)

that there is a robust consensus of expert opinion that the substance does not give rise to concern in accordance with Article 28(2) of that Regulation.

The evidence referred to in point (b) shall include all relevant published literature data regarding the substance in question and all relevant data on the substance generated by the applicant. It may also include read-across from chemical analogues/homologues, (Q)SAR predictions, data from existing studies, in vitro studies, historical human data, or conclusions from other regulatory authorities or frameworks.

2.

By way of derogation from paragraph 1(b), where there is no conclusive evidence of a robust consensus of expert of opinion regarding one or more endpoints, an application shall contain all additional data necessary to show that the substance does not give rise to concern in accordance with Article 28(2) of Regulation (EU) No 528/2012.

SECTION B

Data for inclusion in category 6

An application for inclusion of an active substance in category 6 of Annex I to Regulation (EU) No 528/2012 shall contain the data referred to in Article 6 of that Regulation to allow a state-of-the-art risk assessment.


1.2.2014   

EN

Official Journal of the European Union

L 32/6


COMMISSION IMPLEMENTING REGULATION (EU) No 89/2014

of 31 January 2014

approving bis(N-cyclohexyl-diazenium-dioxy)-copper (Cu-HDO) as an existing active substance for use in biocidal products for product-type 8

(Text with EEA relevance)

THE EUROPEAN COMMISSION,

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

Having regard to Regulation (EU) No 528/2012 of the European Parliament and of the Council of 22 May 2012 concerning the making available on the market and use of biocidal products (1), and in particular the third subparagraph of Article 89(1) thereof,

Whereas:

(1)

Commission Regulation (EC) No 1451/2007 (2) establishes a list of active substances to be assessed, with a view to their possible inclusion in Annex I, IA or IB to Directive 98/8/EC of the European Parliament and of the Council (3). That list includes bis(N-cyclohexyl-diazenium-dioxy)-copper (Cu-HDO).

(2)

Cu-HDO has been evaluated in accordance with Article 11(2) of Directive 98/8/EC for use in product-type 8, wood preservatives, as defined in Annex V to that Directive, which corresponds to product-type 8 as defined in Annex V to Regulation (EU) No 528/2012.

(3)

Austria was designated as Rapporteur Member State and submitted the competent authority report, together with a recommendation, to the Commission on 25 February 2008 in accordance with Article 14(4) and (6) of Regulation (EC) No 1451/2007.

(4)

The competent authority report was reviewed by the Member States and the Commission. In accordance with Article 15(4) of Regulation (EC) No 1451/2007, the findings of the review were incorporated, within the Standing Committee on Biocidal Products on 13 December 2013, in an assessment report.

(5)

It appears from that report that biocidal products used for product-type 8 and containing Cu-HDO may be expected to satisfy the requirements laid down in Article 5 of Directive 98/8/EC.

(6)

It is therefore appropriate to approve Cu-HDO for use in biocidal products for product-type 8.

(7)

Since the evaluation did not address nanomaterials, the approval should not cover such materials pursuant to Article 4(4) of Regulation (EU) No 528/2012.

(8)

A reasonable period should be allowed to elapse before an active substance is approved, in order to permit Member States, interested parties, and the Commission where appropriate, to prepare themselves to meet the new requirements entailed.

(9)

The measures provided for in this Regulation are in accordance with the opinion of the Standing Committee on Biocidal Products,

HAS ADOPTED THIS REGULATION:

Article 1

Bis(N-cyclohexyl-diazenium-dioxy)-copper (Cu-HDO) shall be approved as an active substance for use in biocidal products for product-type 8, subject to the specifications and conditions set out in the Annex.

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.

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

Done at Brussels, 31 January 2014.

For the Commission

The President

José Manuel BARROSO


(1)  OJ L 167, 27.6.2012, p. 1.

(2)  Commission Regulation (EC) No 1451/2007 of 4 December 2007 on the second phase of the 10-year work programme referred to in Article 16(2) of Directive 98/8/EC of the European Parliament and of the Council concerning the placing of biocidal products on the market (OJ L 325, 11.12.2007, p. 3).

(3)  Directive 98/8/EC of the European Parliament and of the Council of 16 February 1998 concerning the placing of biocidal products on the market (OJ L 123, 24.4.1998, p. 1).


ANNEX

Common Name

IUPAC Name Identification Numbers

Minimum degree of purity of the active substance (1)

Date of approval

Expiry date of approval

Product type

Specific conditions (2)

Cu-HDO

IUPAC Name:

bis(N-cyclohexyl-diazenium-dioxy)-copper

EC no: N/A

CAS no: 312600-89-8

981 g/kg

1 September 2015

31 August 2025

8

The product assessment shall pay particular attention to the exposures, the risks and the efficacy linked to any uses covered by an application for authorisation, but not addressed in the Union level risk assessment of the active substance.

Authorisations are subject to the following conditions:

1.

For industrial users, safe operational procedures and appropriate organisational measures shall be established. Where exposure cannot be reduced to an acceptable level by other means, products shall be used with appropriate personal protective equipment.

2.

Appropriate risk mitigation measures shall be taken to protect the terrestrial compartment. In particular, labels and, where provided, safety data sheets of products authorised shall indicate that industrial application shall be conducted within a contained area or on impermeable hard standing with bunding, that freshly treated timber shall be stored after treatment under shelter or on impermeable hard standing, or both, to prevent direct losses to soil or water, and that any losses from the application of the product shall be collected for reuse or disposal.


(1)  The purity indicated in this column was the minimum degree of purity of the active substance used for the evaluation made in accordance with Article 8 of Regulation (EU) No 528/2012. The active substance in the product placed on the market can be of equal or different purity if it has been proven technically equivalent with the evaluated active substance.

(2)  For the implementation of the common principles of Annex VI to Regulation (EU) No 528/2012, the content and conclusions of assessment reports are available on the Commission website: http://ec.europa.eu/comm/environment/biocides/index.htm


1.2.2014   

EN

Official Journal of the European Union

L 32/9


COMMISSION IMPLEMENTING REGULATION (EU) No 90/2014

of 31 January 2014

approving decanoic acid as an existing active substance for use in biocidal products for product-types 4, 18 and 19

(Text with EEA relevance)

THE EUROPEAN COMMISSION,

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

Having regard to Regulation (EU) No 528/2012 of the European Parliament and of the Council of 22 May 2012 concerning the making available on the market and use of biocidal products (1), and in particular the third subparagraph of Article 89(1) thereof,

Whereas:

(1)

Commission Regulation (EC) No 1451/2007 (2) establishes a list of active substances to be assessed, with a view to their possible inclusion in Annex I, IA or IB to Directive 98/8/EC of the European Parliament and of the Council (3). That list includes decanoic acid.

(2)

Decanoic acid has been evaluated in accordance with Article 11(2) of Directive 98/8/EC for use in product-type 4, food and feed area disinfectants, product-type 18, insecticides, acaricides and products to control other arthropods, and product-type 19, repellents and attractants, as defined in Annex V to that Directive, which correspond respectively to product-types 4, 18 and 19 as defined in Annex V to Regulation (EU) No 528/2012.

(3)

Austria was designated as rapporteur Member State and submitted the competent authority reports, together with recommendations, to the Commission on 7 December 2010 in accordance with Article 14(4) and (6) of Regulation (EC) No 1451/2007.

(4)

The competent authority reports were reviewed by the Member States and the Commission. In accordance with Article 15(4) of Regulation (EC) No 1451/2007, the findings of the review were incorporated, within the Standing Committee on Biocidal Products on 13 December 2013, in two assessment reports.

(5)

It appears from those reports that biocidal products used for product-types 4, 18 and 19 and containing decanoic acid may be expected to satisfy the requirements laid down in Article 5 of Directive 98/8/EC.

(6)

It is therefore appropriate to approve decanoic acid for use in biocidal products for product-types 4, 18 and 19.

(7)

Since the evaluations did not address nanomaterials, the approvals should not cover such materials pursuant to Article 4(4) of Regulation (EU) No 528/2012.

(8)

For the use in product-type 4, the evaluation did not address the incorporation of biocidal products containing decanoic acid in materials and articles intended to come into contact directly or indirectly with food within the meaning of Article 1(1) of Regulation (EC) No 1935/2004 of the European Parliament and of the Council (4). Such materials may require the establishment of specific limits on the migration into food, as referred to in Article 5(1)(e) of Regulation (EC) No 1935/2004. The approval should therefore not cover such use unless the Commission has established such limits or it has been established pursuant to that Regulation that such limits are not necessary.

(9)

A reasonable period should be allowed to elapse before an active substance is approved, in order to permit Member States, interested parties, and the Commission where appropriate, to prepare themselves to meet the new requirements entailed.

(10)

The measures provided for in this Regulation are in accordance with the opinion of the Standing Committee on Biocidal Products,

HAS ADOPTED THIS REGULATION:

Article 1

Decanoic acid shall be approved as an active substance for use in biocidal products for product-types 4, 18 and 19, subject to the specifications and conditions set out in the Annex.

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.

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

Done at Brussels, 31 January 2014.

For the Commission

The President

José Manuel BARROSO


(1)  OJ L 167, 27.6.2012, p. 1.

(2)  Commission Regulation (EC) No 1451/2007 of 4 December 2007 on the second phase of the 10-year work programme referred to in Article 16(2) of Directive 98/8/EC of the European Parliament and of the Council concerning the placing of biocidal products on the market (OJ L 325, 11.12.2007, p. 3).

(3)  Directive 98/8/EC of the European Parliament and of the Council of 16 February 1998 concerning the placing of biocidal products on the market (OJ L 123, 24.4.1998, p. 1).

(4)  Regulation (EC) No 1935/2004 of the European Parliament and of the Council of 27 October 2004 on materials and articles intended to come into contact with food and repealing Directives 80/590/EEC and 89/109/EEC (OJ L 338, 13.11.2004, p. 4).


ANNEX

Common Name

IUPAC Name

Identification Numbers

Minimum degree of purity of the active substance (1)

Date of approval

Expiry date of approval

Product type

Specific conditions (2)

Decanoic acid

IUPAC Name:

n-Decanoic acid

EC No: 206-376-4

CAS No: 334-48-5

985 g/kg

1 September 2015

31 August 2025

4

The product assessment shall pay particular attention to the exposures, the risks and the efficacy linked to any uses covered by an application for authorisation, but not addressed in the Union level risk assessment of the active substance.

Authorisations are subject to the following conditions:

 

For industrial or professional users, safe operational procedures and appropriate organisational measures shall be established. Where exposure cannot be reduced to an acceptable level by other means, products shall be used with appropriate personal protective equipment.

 

For products that may lead to residues in food or feed, the need to set new or to amend existing maximum residue levels (MRLs) in accordance with Regulation (EC) No 470/2009 of the European Parliament and of the Council (3) or Regulation (EC) No 396/2005 of the European Parliament and of the Council (4) shall be verified, and any appropriate risk mitigation measures shall be taken to ensure that the applicable MRLs are not exceeded.

 

Biocidal products containing decanoic acid shall not be incorporated in materials and articles intended to come into contact with food within the meaning of Article 1(1) of Regulation (EC) No 1935/2004, unless the Commission has established specific limits on the migration of decanoic acid into food or it has been established pursuant to that Regulation that such limits are not necessary.

18

The product assessment shall pay particular attention to the exposures, the risks and the efficacy linked to any uses covered by an application for authorisation, but not addressed in the Union level risk assessment of the active substance.

Authorisations are subject to the following conditions:

 

Authorisations of products for non-professional use are subject to the packaging being designed to minimise user exposure, unless it can be demonstrated in the application for product authorisation that risks for human health can be reduced to acceptable levels by other means.

 

For products that may lead to residues in food or feed, the need to set new or to amend existing maximum residue levels (MRLs) in accordance with Regulation (EC) No 470/2009 or Regulation (EC) No 396/2005 shall be verified, and any appropriate risk mitigation measures shall be taken to ensure that the applicable MRLs are not exceeded.

19

The product assessment shall pay particular attention to the exposures, the risks and the efficacy linked to any uses covered by an application for authorisation, but not addressed in the Union level risk assessment of the active substance.


(1)  The purity indicated in this column was the minimum degree of purity of the active substance used for the evaluation made in accordance with Article 8 of Regulation (EU) No 528/2012. The active substance in the product placed on the market can be of equal or different purity if it has been proven technically equivalent with the evaluated active substance.

(2)  For the implementation of the common principles of Annex VI to Regulation (EU) No 528/2012, the content and conclusions of assessment reports are available on the Commission website: http://ec.europa.eu/comm/environment/biocides/index.htm

(3)  Regulation (EC) No 470/2009 of the European Parliament and of the Council of 6 May 2009 laying down Community procedures for the establishment of residue limits of pharmacologically active substances in foodstuffs of animal origin, repealing Council Regulation (EEC) No 2377/90 and amending Directive 2001/82/EC of the European Parliament and of the Council and Regulation (EC) No 726/2004 of the European Parliament and of the Council (OJ L 152, 16.6.2009, p. 11).

(4)  Regulation (EC) No 396/2005 of the European Parliament and of the Council of 23 February 2005 on maximum residue levels of pesticides in or on food and feed of plant and animal origin and amending Council Directive 91/414/EEC (OJ L 70, 16.3.2005, p. 1).


1.2.2014   

EN

Official Journal of the European Union

L 32/13


COMMISSION IMPLEMENTING REGULATION (EU) No 91/2014

of 31 January 2014

approving S-methoprene as an existing active substance for use in biocidal products for product-type 18

(Text with EEA relevance)

THE EUROPEAN COMMISSION,

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

Having regard to Regulation (EU) No 528/2012 of the European Parliament and of the Council of 22 May 2012 concerning the making available on the market and use of biocidal products (1), and in particular the third subparagraph of Article 89(1) thereof,

Whereas:

(1)

Commission Regulation (EC) No 1451/2007 (2) establishes a list of active substances to be assessed, with a view to their possible inclusion in Annex I, IA or IB to Directive 98/8/EC of the European Parliament and of the Council (3). That list includes S-methoprene.

(2)

S-methoprene has been evaluated in accordance with Article 11(2) of Directive 98/8/EC for use in product-type 18, insecticides, acaricides and products to control other arthropods, as defined in Annex V to that Directive, which corresponds to product-type 18 as defined in Annex V to Regulation (EU) No 528/2012.

(3)

Ireland was designated as Rapporteur Member State and submitted the competent authority report, together with a recommendation, to the Commission on 29 October 2010 in accordance with Article 14(4) and (6) of Regulation (EC) No 1451/2007.

(4)

The competent authority report was reviewed by the Member States and the Commission. In accordance with Article 15(4) of Regulation (EC) No 1451/2007, the findings of the review were incorporated, within the Standing Committee on Biocidal Products on 13 December 2013, in an assessment report.

(5)

It appears from that report that biocidal products used for product-type 18 and containing S-methoprene may be expected to satisfy the requirements laid down in Article 5 of Directive 98/8/EC.

(6)

It is therefore appropriate to approve S-methoprene for use in biocidal products for product-type 18.

(7)

Since the evaluation did not address nanomaterials, the approval should not cover such materials pursuant to Article 4(4) of Regulation (EU) No 528/2012.

(8)

A reasonable period should be allowed to elapse before an active substance is approved, in order to permit Member States, interested parties, and the Commission where appropriate, to prepare themselves to meet the new requirements entailed.

(9)

The measures provided for in this Regulation are in accordance with the opinion of the Standing Committee on Biocidal Products,

HAS ADOPTED THIS REGULATION:

Article 1

S-methoprene shall be approved as an active substance for use in biocidal products for product-type 18, subject to the specifications and conditions set out in the Annex.

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.

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

Done at Brussels, 31 January 2014.

For the Commission

The President

José Manuel BARROSO


(1)  OJ L 167, 27.6.2012, p. 1.

(2)  Commission Regulation (EC) No 1451/2007 of 4 December 2007 on the second phase of the 10-year work programme referred to in Article 16(2) of Directive 98/8/EC of the European Parliament and of the Council concerning the placing of biocidal products on the market (OJ L 325, 11.12.2007, p. 3).

(3)  Directive 98/8/EC of the European Parliament and of the Council of 16 February 1998 concerning the placing of biocidal products on the market (OJ L 123, 24.4.1998, p. 1).


ANNEX

Common Name

IUPAC Name

Identification Numbers

Minimum degree of purity of the active substance (1)

Date of approval

Expiry date of approval

Product type

Specific conditions (2)

S-methoprene

IUPAC Name:

Isopropyl-(2E,4E,7S)-11-methoxy-3,7,11-trimethyl-2,4-dodecadienoate

EC No: N/A

CAS No: 65733-16-6

950 g/kg

1 September 2015

31 August 2025

18

The product assessment shall pay particular attention to the exposures, the risks and the efficacy linked to any uses covered by an application for authorisation, but not addressed in the Union level risk assessment of the active substance.

Authorisations are subject to the following condition:

For products that may lead to residues in food or feed, the need to set new or to amend existing maximum residue levels (MRLs) in accordance with Regulation (EC) No 470/2009 of the European Parliament and of the Council (3) or Regulation (EC) No 396/2005 of the European Parliament and of the Council (4) shall be verified, and any appropriate risk mitigation measures shall be taken to ensure that the applicable MRLs are not exceeded.


(1)  The purity indicated in this column was the minimum degree of purity of the active substance used for the evaluation made in accordance with Article 8 of Regulation (EU) No 528/2012. The active substance in the product placed on the market can be of equal or different purity if it has been proven technically equivalent with the evaluated active substance.

(2)  For the implementation of the common principles of Annex VI to Regulation (EU) No 528/2012, the content and conclusions of assessment reports are available on the Commission website: http://ec.europa.eu/comm/environment/biocides/index.htm

(3)  Regulation (EC) No 470/2009 of the European Parliament and of the Council of 6 May 2009 laying down Community procedures for the establishment of residue limits of pharmacologically active substances in foodstuffs of animal origin, repealing Council Regulation (EEC) No 2377/90 and amending Directive 2001/82/EC of the European Parliament and of the Council and Regulation (EC) No 726/2004 of the European Parliament and of the Council (OJ L 152, 16.6.2009, p. 11).

(4)  Regulation (EC) No 396/2005 of the European Parliament and of the Council of 23 February 2005 on maximum residue levels of pesticides in or on food and feed of plant and animal origin and amending Council Directive 91/414/EEC (OJ L 70, 16.3.2005, p. 1).


1.2.2014   

EN

Official Journal of the European Union

L 32/16


COMMISSION IMPLEMENTING REGULATION (EU) No 92/2014

of 31 January 2014

approving zineb as an existing active substance for use in biocidal products for product-type 21

(Text with EEA relevance)

THE EUROPEAN COMMISSION,

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

Having regard to Regulation (EU) No 528/2012 of the European Parliament and of the Council of 22 May 2012 concerning the making available on the market and use of biocidal products (1), and in particular the third subparagraph of Article 89(1) thereof,

Whereas:

(1)

Commission Regulation (EC) No 1451/2007 (2) establishes a list of active substances to be assessed, with a view to their possible inclusion in Annex I, IA or IB to Directive 98/8/EC of the European Parliament and of the Council (3). That list includes zineb.

(2)

Zineb has been evaluated in accordance with Article 11(2) of Directive 98/8/EC for use in product-type 21, antifouling products, as defined in Annex V to that Directive, which corresponds to product-type 21 as defined in Annex V to Regulation (EU) No 528/2012.

(3)

Ireland was designated as rapporteur Member State and submitted the competent authority report, together with a recommendation, to the Commission on 29 March 2011 in accordance with Article 14(4) and (6) of Regulation (EC) No 1451/2007.

(4)

The competent authority report was reviewed by the Member States and the Commission. In accordance with Article 15(4) of Regulation (EC) No 1451/2007, the findings of the review were incorporated, within the Standing Committee on Biocidal Products on 13 December 2013, in an assessment report.

(5)

It appears from that report that biocidal products used for product-type 21 and containing zineb may be expected to satisfy the requirements laid down in Article 5 of Directive 98/8/EC, provided that the conditions specified in the Annex to this Regulation are satisfied. It is therefore appropriate to approve zineb for use in biocidal products for product-type 21.

(6)

Since the evaluation did not address nanomaterials, the approval should not cover such materials pursuant to Article 4(4) of Regulation (EU) No 528/2012.

(7)

A reasonable period should be allowed to elapse before an active substance is approved, in order to permit Member States, interested parties, and the Commission where appropriate, to prepare themselves to meet the new requirements entailed.

(8)

The measures provided for in this Regulation are in accordance with the opinion of the Standing Committee on Biocidal Products,

HAS ADOPTED THIS REGULATION:

Article 1

Zineb shall be approved as an active substance for use in biocidal products for product-type 21, subject to the specifications and conditions set out in the Annex.

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.

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

Done at Brussels, 31 January 2014.

For the Commission

The President

José Manuel BARROSO


(1)  OJ L 167, 27.6.2012, p. 1.

(2)  Commission Regulation (EC) No 1451/2007 of 4 December 2007 on the second phase of the 10-year work programme referred to in Article 16(2) of Directive 98/8/EC of the European Parliament and of the Council concerning the placing of biocidal products on the market (OJ L 325, 11.12.2007, p. 3).

(3)  Directive 98/8/EC of the European Parliament and of the Council of 16 February 1998 concerning the placing of biocidal products on the market (OJ L 123, 24.4.1998, p. 1).


ANNEX

Common Name

IUPAC Name

Identification Numbers

Minimum degree of purity of the active substance (1)

Date of approval

Expiry date of approval

Product type

Specific conditions (2)

Zineb

IUPAC Name:

Zinc ethylenebis(dithiocarbamate) (polymeric)

EC No: 235-180-1

CAS No: 12122-67-7

940 g/kg

1 January 2016

31 December 2025

21

The product assessment shall pay particular attention to the exposures, the risks and the efficacy linked to any uses covered by an application for authorisation, but not addressed in the Union level risk assessment of the active substance.

Persons making products containing zineb available on the market for non-professional users shall make sure that the products are supplied with appropriate gloves.

Authorisations are subject to the following conditions:

(1)

For industrial or professional users, safe operational procedures and appropriate organisational measures shall be established. Where exposure cannot be reduced to an acceptable level by other means, products shall be used with appropriate personal protective equipment.

(2)

Labels and, where provided, instructions for use shall indicate that children shall be kept away until treated surfaces are dry.

(3)

Labels and, where provided, safety data sheets of products authorised shall indicate that application, maintenance and repair activities shall be conducted within a contained area, on impermeable hard standing with bunding or on soil covered with an impermeable material to prevent losses and minimise emissions to the environment, and that any losses or waste containing zineb shall be collected for reuse or disposal.

(4)

For products that may lead to residues in food or feed, the need to set new or to amend existing maximum residue levels (MRLs) in accordance with Regulation (EC) No 470/2009 of the European Parliament and of the Council (3) or Regulation (EC) No 396/2005 of the European Parliament and of the Council (4) shall be verified, and any appropriate risk mitigation measures shall be taken to ensure that the applicable MRLs are not exceeded.

Where a treated article has been treated with or intentionally incorporates zineb, and where necessary due to the possibility of skin contact as well as the release of zineb under normal conditions of use, the person responsible for placing the treated article on the market shall ensure that the label provides information on the risk of skin sensitisation, as well as the information referred to in the second subparagraph of Article 58(3) of Regulation (EU) No 528/2012.


(1)  The purity indicated in this column was the minimum degree of purity of the active substance used for the evaluation made in accordance with Article 8 of Regulation (EU) No 528/2012. The active substance in the product placed on the market can be of equal or different purity if it has been proven technically equivalent with the evaluated active substance.

(2)  For the implementation of the common principles of Annex VI to Regulation (EU) No 528/2012, the content and conclusions of assessment reports are available on the Commission website: http://ec.europa.eu/comm/environment/biocides/index.htm

(3)  Regulation (EC) No 470/2009 of the European Parliament and of the Council of 6 May 2009 laying down Community procedures for the establishment of residue limits of pharmacologically active substances in foodstuffs of animal origin, repealing Council Regulation (EEC) No 2377/90 and amending Directive 2001/82/EC of the European Parliament and of the Council and Regulation (EC) No 726/2004 of the European Parliament and of the Council (OJ L 152, 16.6.2009, p. 11).

(4)  Regulation (EC) No 396/2005 of the European Parliament and of the Council of 23 February 2005 on maximum residue levels of pesticides in or on food and feed of plant and animal origin and amending Council Directive 91/414/EEC (OJ L 70, 16.3.2005, p. 1).


1.2.2014   

EN

Official Journal of the European Union

L 32/19


COMMISSION IMPLEMENTING REGULATION (EU) No 93/2014

of 31 January 2014

approving octanoic acid as an existing active substance for use in biocidal products for product-types 4 and 18

(Text with EEA relevance)

THE EUROPEAN COMMISSION,

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

Having regard to Regulation (EU) No 528/2012 of the European Parliament and of the Council of 22 May 2012 concerning the making available on the market and use of biocidal products (1), and in particular the third subparagraph of Article 89(1) thereof,

Whereas:

(1)

Commission Regulation (EC) No 1451/2007 (2) establishes a list of active substances to be assessed, with a view to their possible inclusion in Annex I, IA or IB to Directive 98/8/EC of the European Parliament and of the Council (3). That list includes octanoic acid.

(2)

Octanoic acid has been evaluated in accordance with Article 11(2) of Directive 98/8/EC for use in product-type 4, food and feed area disinfectants, and product-type 18, insecticides, acaricides and products to control other arthropods, as defined in Annex V to that Directive, which correspond respectively to product-types 4 and 18 as defined in Annex V to Regulation (EU) No 528/2012.

(3)

Austria was designated as Rapporteur Member State and submitted the competent authority reports, together with recommendations, to the Commission on 7 December 2010 in accordance with Article 14(4) and (6) of Regulation (EC) No 1451/2007.

(4)

The competent authority reports were reviewed by the Member States and the Commission. In accordance with Article 15(4) of Regulation (EC) No 1451/2007, the findings of the review were incorporated, within the Standing Committee on Biocidal Products on 13 December 2013 in two assessment reports.

(5)

It appears from those reports that biocidal products used for product-types 4 and 18 and containing octanoic acid may be expected to satisfy the requirements laid down in Article 5 of Directive 98/8/EC.

(6)

It is therefore appropriate to approve octanoic acid for use in biocidal products for product-type 4 and 18.

(7)

Since the evaluations did not address nanomaterials, the approvals should not cover such materials pursuant to Article 4(4) of Regulation (EU) No 528/2012.

(8)

For the use in product-type 4, the evaluation did not address the incorporation of biocidal products containing octanoic acid in materials and articles intended to come into contact directly or indirectly with food within the meaning of Article 1(1) of Regulation (EC) No 1935/2004 of the European Parliament and of the Council (4). Such materials may require the establishment of specific limits on the migration into food, as referred to in Article 5(1)(e) of Regulation (EC) No 1935/2004. The approval should therefore not cover such use unless the Commission has established such limits or it has been established pursuant to that Regulation that such limits are not necessary.

(9)

A reasonable period should be allowed to elapse before an active substance is approved, in order to permit Member States, interested parties, and the Commission where appropriate, to prepare themselves to meet the new requirements entailed.

(10)

The measures provided for in this Regulation are in accordance with the opinion of the Standing Committee on Biocidal Products,

HAS ADOPTED THIS REGULATION:

Article 1

Octanoic acid shall be approved as an active substance for use in biocidal products for product-types 4 and 18, subject to the specifications and conditions set out in the Annex.

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.

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

Done at Brussels, 31 January 2014.

For the Commission

The President

José Manuel BARROSO


(1)  OJ L 167, 27.6.2012, p. 1.

(2)  Commission Regulation (EC) No 1451/2007 of 4 December 2007 on the second phase of the 10-year work programme referred to in Article 16(2) of Directive 98/8/EC of the European Parliament and of the Council concerning the placing of biocidal products on the market (OJ L 325, 11.12.2007, p. 3).

(3)  Directive 98/8/EC of the European Parliament and of the Council of 16 February 1998 concerning the placing of biocidal products on the market (OJ L 123, 24.4.1998, p. 1).

(4)  Regulation (EC) No 1935/2004 of the European Parliament and of the Council of 27 October 2004 on materials and articles intended to come into contact with food and repealing Directives 80/590/EEC and 89/109/EEC (OJ L 338, 13.11.2004, p. 4).


ANNEX

Common Name

IUPAC Name

Identification Numbers

Minimum degree of purity of the active substance (1)

Date of approval

Expiry date of approval

Product type

Specific conditions (2)

Octanoic acid

IUPAC Name:

n-Octanoic acid

EC No: 204-677-5

CAS No: 124-07-2

993 g/kg

1 September 2015

31 August 2025

4

The product assessment shall pay particular attention to the exposures, the risks and the efficacy linked to any uses covered by an application for authorisation, but not addressed in the Union level risk assessment of the active substance.

Authorisations are subject to the following conditions:

(1)

For industrial or professional users, safe operational procedures and appropriate organizational measures shall be established. Where exposure cannot be reduced to an acceptable level by other means, products shall be used with appropriate personal protective equipment.

(2)

For products that may lead to residues in food or feed, the need to set new or to amend existing maximum residue levels (MRLs) in accordance with Regulation (EC) No 470/2009 of the European Parliament and of the Council (3) or Regulation (EC) No 396/2005 of the European Parliament and of the Council (4) shall be verified, and any appropriate risk mitigation measures shall be taken to ensure that the applicable MRLs are not exceeded.

(3)

Biocidal products containing octanoic acid shall not be incorporated in materials and articles intended to come into contact with food within the meaning of Article 1(1) of Regulation (EC) No 1935/2004, unless the Commission has established specific limits on the migration of octanoic acid into food or it has been established pursuant to that Regulation that such limits are not necessary.

 

 

 

 

 

18

The product assessment shall pay particular attention to the exposures, the risks and the efficacy linked to any uses covered by an application for authorisation, but not addressed in the Union level risk assessment of the active substance.

Authorisations are subject to the following conditions:

(1)

Authorisations of products for non-professional use are subject to the packaging being designed to minimise user exposure, unless it can be demonstrated in the application for product authorisation that risks for human health can be reduced to acceptable levels by other means.

(2)

For products that may lead to residues in food or feed, the need to set new or to amend existing maximum residue levels (MRLs) in accordance with Regulation (EC) No 470/2009 or Regulation (EC) No 396/2005 shall be verified, and any appropriate risk mitigation measures shall be taken to ensure that the applicable MRLs are not exceeded.


(1)  The purity indicated in this column was the minimum degree of purity of the active substance used for the evaluation made in accordance with Article 8 of Regulation (EU) No 528/2012. The active substance in the product placed on the market can be of equal or different purity if it has been proven technically equivalent with the evaluated active substance.

(2)  For the implementation of the common principles of Annex VI to Regulation (EU) No 528/2012, the content and conclusions of assessment reports are available on the Commission website: http://ec.europa.eu/comm/environment/biocides/index.htm

(3)  Regulation (EC) No 470/2009 of the European Parliament and of the Council of 6 May 2009 laying down Community procedures for the establishment of residue limits of pharmacologically active substances in foodstuffs of animal origin, repealing Council Regulation (EEC) No 2377/90 and amending Directive 2001/82/EC of the European Parliament and of the Council and Regulation (EC) No 726/2004 of the European Parliament and of the Council (OJ L 152, 16.6.2009, p. 11).

(4)  Regulation (EC) No 396/2005 of the European Parliament and of the Council of 23 February 2005 on maximum residue levels of pesticides in or on food and feed of plant and animal origin and amending Council Directive 91/414/EEC (OJ L 70, 16.3.2005, p. 1).


1.2.2014   

EN

Official Journal of the European Union

L 32/23


COMMISSION IMPLEMENTING REGULATION (EU) No 94/2014

of 31 January 2014

approving iodine, including polyvinylpyrrolidone iodine, as an existing active substance for use in biocidal products for product-types 1, 3, 4 and 22

(Text with EEA relevance)

THE EUROPEAN COMMISSION,

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

Having regard to Regulation (EU) No 528/2012 of the European Parliament and of the Council of 22 May 2012 concerning the making available on the market and use of biocidal products (1), and in particular the third subparagraph of Article 89(1) thereof,

Whereas:

(1)

Commission Regulation (EC) No 1451/2007 (2) establishes a list of active substances to be assessed, with a view to their possible inclusion in Annex I, IA or IB to Directive 98/8/EC of the European Parliament and of the Council (3). That list includes iodine.

(2)

Iodine has been evaluated in accordance with Article 11(2) of Directive 98/8/EC for use in product-type 1, human hygiene biocidal products, product-type 3, veterinary hygiene biocidal products, product-type 4, food and feed area disinfectants, and product-type 22, embalming and taxidermist fluids, as defined in Annex V to that Directive, which correspond respectively to product-types 1, 3, 4 and 22 as defined in Annex V to Regulation (EU) No 528/2012.

(3)

The data submitted for the purpose of the evaluation allowed conclusions to be also drawn on polyvinylpyrrolidone iodine.

(4)

Sweden was designated as Rapporteur Member State and submitted the competent authority report, together with recommendations, to the Commission on 20 April 2011 in accordance with Article 14(4) and (6) of Regulation (EC) No 1451/2007.

(5)

The competent authority report was reviewed by the Member States and the Commission. In accordance with Article 15(4) of Regulation (EC) No 1451/2007, the findings of the review were incorporated, within the Standing Committee on Biocidal Products on 13 December 2013, in an assessment report.

(6)

It appears from that report that biocidal products used for product-types 1, 3, 4 and 22 and containing iodine may be expected to satisfy the requirements laid down in Article 5 of Directive 98/8/EC, provided that the conditions specified in the Annex to this Regulation are satisfied.

(7)

It is therefore appropriate to approve iodine, including polyvinylpyrrolidone iodine, for use in biocidal products for product-type 1, 3, 4 and 22.

(8)

Since the evaluations did not address nanomaterials, the approvals should not cover such materials pursuant to Article 4(4) of Regulation (EU) No 528/2012.

(9)

The evaluation did not address the incorporation of biocidal products containing iodine in materials and articles intended to come into contact directly or indirectly with food within the meaning of Article 1(1) of Regulation (EC) No 1935/2004 of the European Parliament and of the Council (4). Such materials may require the establishment of specific limits on the migration into food, as referred to in Article 5(1)(e) of Regulation (EC) No 1935/2004. The approval should therefore not cover such use unless the Commission has established such limits or it has been established pursuant to that Regulation that such limits are not necessary.

(10)

A reasonable period should be allowed to elapse before an active substance is approved, in order to permit Member States, interested parties, and the Commission where appropriate, to prepare themselves to meet the new requirements entailed.

(11)

The measures provided for in this Regulation are in accordance with the opinion of the Standing Committee on Biocidal Products,

HAS ADOPTED THIS REGULATION:

Article 1

Iodine, including polyvinylpyrrolidone iodine, shall be approved as an active substance for use in biocidal products for product-types 1, 3, 4 and 22, subject to the specifications and conditions set out in the Annex.

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.

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

Done at Brussels, 31 January 2014.

For the Commission

The President

José Manuel BARROSO


(1)  OJ L 167, 27.6.2012, p. 1.

(2)  Commission Regulation (EC) No 1451/2007 of 4 December 2007 on the second phase of the 10-year work programme referred to in Article 16(2) of Directive 98/8/EC of the European Parliament and of the Council concerning the placing of biocidal products on the market (OJ L 325, 11.12.2007, p. 3).

(3)  Directive 98/8/EC of the European Parliament and of the Council of 16 February 1998 concerning the placing of biocidal products on the market (OJ L 123, 24.4.1998, p. 1).

(4)  Regulation (EC) No 1935/2004 of the European Parliament and of the Council of 27 October 2004 on materials and articles intended to come into contact with food and repealing Directives 80/590/EEC and 89/109/EEC (OJ L 338, 13.11.2004, p. 4).


ANNEX

Common Name

IUPAC Name Identification Numbers

Minimum degree of purity of the active substance (1)

Date of approval

Expiry date of approval

Product type

Specific conditions (2)

Iodine (including polyvinylpyrrolidone iodine)

IUPAC Name:

Iodine

EC No: 231-442-4

CAS No: 7553-56-2

IUPAC Name:

Polyvinylpyrrolidone iodine

EC No: n.a.,

CAS No: 25655-41-8

995 g/kg of iodine

For polyvinylpyrrolidone iodine: the iodine content shall have a purity of 995 g/kg

1 September 2015

31 August 2025

1

The product assessment shall pay particular attention to the exposures, the risks and the efficacy linked to any uses covered by an application for authorisation, but not addressed in the Union level risk assessment of the active substance.

3

The product assessment shall pay particular attention to the exposures, the risks and the efficacy linked to any uses covered by an application for authorisation, but not addressed in the Union level risk assessment of the active substance.

Authorisations are subject to the following conditions:

For products that may lead to residues in food or feed, the need to set new or to amend existing maximum residue levels (MRLs) in accordance with Regulation (EC) No 470/2009 of the European Parliament and of the Council (3) or Regulation (EC) No 396/2005 of the European Parliament and of the Council (4) shall be verified, and any appropriate risk mitigation measures shall be taken to ensure that the applicable MRLs are not exceeded.

4

The product assessment shall pay particular attention to the exposures, the risks and the efficacy linked to any uses covered by an application for authorisation, but not addressed in the Union level risk assessment of the active substance.

Authorisations are subject to the following conditions:

(1)

For products that may lead to residues in food or feed, the need to set new or to amend existing maximum residue levels (MRLs) in accordance with Regulation (EC) No 470/2009 or Regulation (EC) No 396/2005 shall be verified, and any appropriate risk mitigation measures shall be taken to ensure that the applicable MRLs are not exceeded.

(2)

Products containing iodine shall not be incorporated in materials and articles intended to come into contact with food within the meaning of Article 1(1) of Regulation (EC) No 1935/2004, unless the Commission has established specific limits on the migration of iodine into food or it has been established pursuant to that Regulation that such limits are not necessary.

22

The product assessment shall pay particular attention to the exposures, the risks and the efficacy linked to any uses covered by an application for authorisation, but not adressed in the Union level risk assessment of the active substance.

Authorisations are subject to the following condition:

For professional users, safe operational procedures and appropriate organizational measures shall be established. Where exposure cannot be reduced to an acceptable level by other means, products shall be used with appropriate personal protective equipment.


(1)  The purity indicated in this column was the minimum degree of purity of the active substance used for the evaluation made in accordance with Article 8 of Regulation (EU) No 528/2012. The active substance in the product placed on the market can be of equal or different purity if it has been proven technically equivalent with the evaluated active substance.

(2)  For the implementation of the common principles of Annex VI to Regulation (EU) No 528/2012, the content and conclusions of assessment reports are available on the Commission website: http://ec.europa.eu/comm/environment/biocides/index.htm

(3)  Regulation (EC) No 470/2009 of the European Parliament and of the Council of 6 May 2009 laying down Community procedures for the establishment of residue limits of pharmacologically active substances in foodstuffs of animal origin, repealing Council Regulation (EEC) No 2377/90 and amending Directive 2001/82/EC of the European Parliament and of the Council and Regulation (EC) No 726/2004 of the European Parliament and of the Council (OJ L 152, 16.6.2009, p. 11).

(4)  Regulation (EC) No 396/2005 of the European Parliament and of the Council of 23 February 2005 on maximum residue levels of pesticides in or on food and feed of plant and animal origin and amending Council Directive 91/414/EEC (OJ L 70, 16.3.2005, p. 1).


1.2.2014   

EN

Official Journal of the European Union

L 32/27


COMMISSION IMPLEMENTING REGULATION (EU) No 95/2014

of 31 January 2014

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, 31 January 2014.

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

IL

62,3

MA

49,8

SN

151,7

TN

92,7

TR

91,9

ZZ

89,7

0707 00 05

MA

158,2

TR

126,8

ZZ

142,5

0709 91 00

EG

97,7

ZZ

97,7

0709 93 10

MA

54,8

TR

134,3

ZZ

94,6

0805 10 20

EG

48,5

IL

67,0

MA

57,2

TN

53,8

TR

75,7

ZZ

60,4

0805 20 10

CN

72,7

IL

140,3

MA

76,8

ZZ

96,6

0805 20 30, 0805 20 50, 0805 20 70, 0805 20 90

CN

59,8

EG

21,7

IL

101,4

JM

118,0

KR

142,8

MA

118,8

PK

34,5

TR

80,1

ZZ

84,6

0805 50 10

TR

75,9

ZZ

75,9

0808 10 80

CA

92,6

CN

70,5

MK

28,7

US

202,8

ZZ

98,7

0808 30 90

CN

64,4

TR

116,3

US

118,8

ZZ

99,8


(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’.


1.2.2014   

EN

Official Journal of the European Union

L 32/29


COMMISSION IMPLEMENTING REGULATION (EU) No 96/2014

of 31 January 2014

fixing the import duties in the cereals sector applicable from 1 February 2014

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 February 2014 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 February 2014, 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, 31 January 2014.

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 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 February 2014

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

17.1.2014-30.1.2014

1.

Averages over the reference period referred to in Article 2(2) of Regulation (EU) No 642/2010:

(EUR/t)

 

Common wheat (1)

Maize

Durum wheat, high quality

Durum wheat, medium quality (2)

Durum wheat, low quality (3)

Exchange

Minnéapolis

Chicago

Quotation

178,81

123,92

Fob price USA

269,30

259,30

239,30

Gulf of Mexico premium

132,96

25,42

Great Lakes premium

2.

Averages over the reference period referred to in Article 2(2) of Regulation (EU) No 642/2010:

Freight costs: Gulf of Mexico-Rotterdam:

18,21 EUR/t

Freight costs: Great Lakes-Rotterdam:

— EUR/t


(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

1.2.2014   

EN

Official Journal of the European Union

L 32/32


COUNCIL DECISION

of 28 January 2014

authorising Member States to ratify, in the interests of the European Union, the Convention concerning decent work for domestic workers, 2011, of the International Labour Organisation (Convention No 189)

(2014/51/EU)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union, and in particular Article 153 in conjunction with Article 218(6)(a)(v) and Article 218(8), first subparagraph thereof,

Having regard to the proposal from the European Commission,

Having regard to the consent of the European Parliament,

Whereas:

(1)

The European Parliament, the Council and the Commission are promoting the ratification of international labour conventions that have been classified by the International Labour Organisation as up-to-date, as a contribution to the European Union’s effort to promote decent work for all both inside and outside the Union, of which the protection and improvement of workers’ working conditions is an important aspect.

(2)

Most of the rules under Convention No 189 concerning decent work for domestic workers, 2011, of the International Labour Organisation (ILO), hereinafter ‘the Convention’, are covered to a large extent by Union acquis in the areas of social policy, anti-discrimination, judicial cooperation in criminal matters and asylum and immigration.

(3)

The Convention’s provisions on protecting migrant domestic workers potentially affect the freedom of movement for workers — an area which falls under the Union’s exclusive competence.

(4)

As a consequence, parts of the Convention fall within the competence of the Union, and Member States may not enter into commitments in relation to these parts outside the framework of the Union’s institutions.

(5)

The European Union cannot ratify the Convention, as only States can be parties thereto.

(6)

In this situation, Member States and the Union’s institutions must cooperate in regard to the ratification of the Convention.

(7)

The Council should therefore authorise the Member States that are bound by Union law on minimum requirements in the area of working conditions to ratify the Convention in the interests of the Union,

HAS ADOPTED THIS DECISION:

Article 1

Member States are hereby authorised to ratify, for the parts falling under the competence conferred upon the Union by the Treaties, the Convention concerning decent work for domestic workers, 2011, of the International Labour Organisation (Convention No 189).

Article 2

This Decision is addressed to the Member States.

Done at Brussels, 28 January 2014.

For the Council

The President

G. STOURNARAS


1.2.2014   

EN

Official Journal of the European Union

L 32/33


COUNCIL DECISION

of 28 January 2014

authorising Member States to ratify, in the interests of the European Union, the Convention concerning Safety in the Use of Chemicals at Work, 1990, of the International Labour Organization (Convention No 170)

(2014/52/EU)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union, and in particular Article 114 in conjunction with Article 218(6)(a)(v) and Article 218(8), first subparagraph thereof,

Having regard to the proposal from the European Commission,

Having regard to the consent of the European Parliament,

Whereas:

(1)

The European Parliament, the Council and the Commission are promoting the ratification of international labour conventions that have been classified by the International Labour Organisation as up-to-date, as a contribution to the European Union’s effort to promote decent work for all both inside and outside the Union, of which the protection and improvement of workers’ health and safety is an important aspect.

(2)

The rules under part III of Convention No 170 concerning Safety in the Use of Chemicals at Work, 1990 of the International Labour Organisation (ILO), hereinafter ‘the Convention’, are covered to a large extent by Union acquis on the approximation of laws, regulations and administrative practices in the area of classification, packaging and labelling that has been developed since 1967 and further consolidated.

(3)

As a consequence, parts of the Convention fall within the competence of the Union, and Member States may not enter into commitments outside the framework of the Union’s institutions in relation to these parts.

(4)

The European Union cannot ratify the Convention, as only States can be parties thereto.

(5)

In this situation, Member States and the Union’s institutions must cooperate in regard to the ratification of the Convention.

(6)

The Council should therefore authorise the Member States that are bound by Union law on the approximation of laws, regulations and administrative practices in the area of classification, packaging and labelling to ratify the Convention in the interests of the Union,

HAS ADOPTED THIS DECISION:

Article 1

Member States are hereby authorised to ratify, for the parts falling under the competence conferred upon the Union by the Treaties, the Convention concerning Safety in the Use of Chemicals at Work, 1990, of the International Labour Organization (Convention No 170).

Article 2

This Decision is addressed to the Member States.

Done at Brussels, 28 January 2014.

For the Council

The President

G. STOURNARAS


RECOMMENDATIONS

1.2.2014   

EN

Official Journal of the European Union

L 32/34


COMMISSION RECOMMENDATION

of 29 January 2014

addressing the consequences of disenfranchisement of Union citizens exercising their rights to free movement

(2014/53/EU)

THE EUROPEAN COMMISSION,

Having regard to the Treaty on the Functioning of the European Union, and in particular Article 292 thereof,

Whereas:

(1)

The Treaty of Lisbon enhances the role of European Union citizens as political actors by establishing a close link between citizens, the exercise of their political rights and the democratic life of the Union. Article 10(1) and (3) of the Treaty on European Union (TEU) states that the functioning of the Union shall be founded on representative democracy and that every citizen of the Union shall have the right to participate in the democratic life of the Union. Article 10(2) TEU, which constitutes an expression of such principles, establishes that citizens are directly represented at Union level in the European Parliament and that the Heads of State or Government and the Governments which represent the Member States in the European Council and in the Council are themselves democratically accountable either to their national Parliaments, or to their citizens.

(2)

According to Article 20 TFEU, the status of Union citizenship is additional to national citizenship.

(3)

Article 21 TFEU and Article 45 of the EU Charter of Fundamental rights confer on EU citizens the fundamental right to freely move and reside within the European Union.

(4)

The objective of the present Recommendation is to enhance the right to participate in the democratic life of the Union and the Member States of EU citizens who make use of their right to free movement within the Union.

(5)

As underlined in the EU Citizenship Report 2010 (1), one of the problems Union citizens from certain Member States face as political actors within the Union, is that they lose the right to vote (they are ‘disenfranchised’) in national elections of their home Member State once they have resided in another Member State for a given period of time.

(6)

Currently, no MemberStatehas a general policy granting Union citizens from other Member States residing on its territory the right to vote in national elections. Consequently, disenfranchised Union citizens are usually left without the right to vote in national elections in any of the Member States.

(7)

The current situation may be perceived as out of keeping with the founding premise of Union citizenship, namely that it is additional to national citizenship and is designed to give additional rights to Union citizens, whereas in this case the exercise of the right of free movement may lead to losing a right of political participation.

(8)

Moreover, although Union citizens thus disenfranchised retain the right to elect members of the European Parliament, they do not have the right to participate in the national processes leading to the composition of national governments, the members of which compose the Council, the Union’s other co-legislator.

(9)

This loss of the right to vote in national elections in the country of nationality because of the exercise of the right to move in another EU country is perceived by Union citizens as a gap in their political rights.

(10)

In the EU Citizenship Report 2013 ‘EU citizens: your rights, your future’ (2) the Commission underlined that full participation of Union citizens in the democratic life of the Union at all levels is the very essence of Union citizenship. The Commission announced that it would propose constructive ways to enable EU citizens living in another MemberStateto fully participate in the democratic life of the EU by maintaining their right to vote in national elections in their country of origin.

(11)

The right to vote is a basic civil right. As acknowledged by the European Court of Human Rights, the right to vote is not a privilege. Any general, automatic and indiscriminate departure from the principle of universal suffrage risks undermining the democratic validity of the legislature thus elected and the laws it promulgates (3). The presumption in a democratic State should thus be in favour of inclusion. This Court has further found that there is a clear trend in favour of allowing voting by non-resident nationals, even though no common European approach exists yet.

(12)

The rules currently applicable in certain Member States may lead to a situation where Union citizens residing in other Member States could lose their right to vote solely on the ground that they have been residing abroad for a certain period of time. This is based on the presumption that residence abroad of a given duration means that the connection with the political process in the home country is lost. This presumption is, however, not correct in every individual case. Therefore, it might be appropriate to give citizens who risk becoming disenfranchised the possibility to demonstrate their continuing interest in the political life in the Member State of which they are nationals.

(13)

Union citizens residing in another MemberStatecan maintain lifelong and close ties with their country of origin and may continue to be directly affected by acts adopted by the legislature elected there. The widespread access to television broadcast across borders and the availability of internet and other web-based and mobile communication technologies make it easier than ever to follow closely and take part in social and political developments in the home MemberState.

(14)

The rationale of policies that disenfranchise citizens should be reassessed in the light of current socioeconomic and technological realities, the current trend towards inclusive political participation and the present state of European integration, along with the prime importance of the right to participate in the democratic life of the Union and the right to free movement.

(15)

A more inclusive and proportionate approach would consist in ensuring that citizens who make use of their right to free movement and residence in the Union can retain their right to vote in national elections when they demonstrate a continuing interest in the political life in the Member State of which they are nationals.

(16)

A positive action on the part of the individuals such as their application to remain registered on the electoral roll of their Member State of origin should be considered as an appropriate criterion — and the simplest means — for the purposes of demonstrating a continuing interest in the national political life, without prejudice to the possibility for those Member States to request their citizens to renew such applications at appropriate intervals, so confirming the persistence of such an interest.

(17)

To minimise the burden for citizens abroad, the lodging of their applications to register or remain registered on the electoral roll should be possible through electronic means.

(18)

It would be important to ensure timely and appropriate information of citizens moving to or residing in another Member State about the conditions under which they can retain their voting rights and about the corresponding practical arrangements,

HAS ADOPTED THIS RECOMMENDATION:

1.

Where Member States’ policies limit the rights of nationals to vote in national elections based exclusively on a residence condition, Member States should enable their nationals who make use of their right to free movement and residence in the Union to demonstrate a continuing interest in the political life in the Member State of which they are nationals, including through an application to remain registered on the electoral roll, and by doing so, to retain their right to vote.

2.

Where Member States allow their nationals residing in another MemberStateto retain their right to vote in national elections through an application to remain registered on the electoral roll, this should be without prejudice to the possibility for those Member States to put in place proportionate accompanying arrangements, such as reapplication at appropriate intervals.

3.

Member States that allow their nationals residing in another MemberStateto retain their right to vote in national elections through an application or a reapplication to remain registered on the electoral roll should ensure that all relevant applications may be submitted electronically.

4.

Member States providing for the loss of the right to vote in national elections by their nationals residing in another MemberStateshould inform them by appropriate means and in a timely manner about the conditions and the practical arrangements for retaining their right to vote in national elections.

This recommendation is addressed to the Member States.

Done at Brussels, 29 January 2014.

For the Commission

Viviane REDING

Vice-President


(1)  COM(2010) 603.

(2)  COM(2013)269.

(3)  Judgment of the European Court of Human Rights of 7 May 2013 in case Shindler.


GUIDELINES

1.2.2014   

EN

Official Journal of the European Union

L 32/36


GUIDELINE OF THE EUROPEAN CENTRAL BANK

of 18 December 2013

amending Guideline ECB/2004/18 on the procurement of euro banknotes

(ECB/2013/49)

(2014/54/EU)

THE GOVERNING COUNCIL OF THE EUROPEAN CENTRAL BANK,

Having regard to the Treaty on the Functioning of the European Union, and in particular Article 128(1) thereof,

Having regard to the Statute of the European System of Central Banks and of the European Central Bank, and in particular Article 16 thereof,

Whereas:

(1)

Article 2(1) of Guideline ECB/2004/18 of 16 September 2004 on the procurement of euro banknotes (1) provided that the single Eurosystem tender procedure (SETP) was to start at the latest on 1 January 2012.

(2)

Article 2(1) of Guideline ECB/2004/18 was amended by Guideline ECB/2011/3 of 18 March 2011 amending Guideline ECB/2004/18 on the procurement of euro banknotes (2), to the effect that the SETP is to start at the latest on 1 January 2014, unless the Governing Council decides on a different start date.

(3)

Pursuant to Article 21 of Guideline ECB/2004/18, the Governing Council is to review Guideline ECB/2004/18 at the beginning of 2008 and every two years thereafter.

(4)

In the context of its most recent review of Guideline ECB/2004/18, the Governing Council has decided to provide for a later SETP start date owing to a change in the assumptions on which the expected SETP start date was based.

(5)

Therefore, Guideline ECB/2004/18 should be amended accordingly,

HAS ADOPTED THIS GUIDELINE:

Article 1

Amendment

Article 2(1) of Guideline ECB/2004/18 is replaced by the following:

‘1.   The single Eurosystem tender procedure shall start on a date decided by the Governing Council.’.

Article 2

Taking effect

This Guideline shall take effect on the day of its notification to the national central banks of the Member States whose currency is the euro.

Article 3

Addressees

This Guideline is addressed to the national central banks of the Member States whose currency is the euro.

Done at Frankfurt am Main, 18 December 2013.

For the Governing Council of the ECB

The President of the ECB

Mario DRAGHI


(1)  OJ L 320, 21.10.2004, p. 21.

(2)  OJ L 86, 1.4.2011, p. 77.


RULES OF PROCEDURE

1.2.2014   

EN

Official Journal of the European Union

L 32/37


SUPPLEMENTARY RULES OF THE COURT OF JUSTICE

Table of contents

Chapter I — Letters rogatory (Articles 1 to 3)

Chapter II — Legal aid (Articles 4 and 5)

Chapter III — Reports of perjury by a witness or expert (Articles 6 and 7)

— Final provisions (Articles 8 and 9)

Annex I — List referred to in Article 2(1)

Annex II — List referred to in Article 4(2)

Annex III — List referred to in Article 6

THE COURT OF JUSTICE,

Having regard to Article 207 of the Rules of Procedure (1),

Having regard to Article 46(3) of the act concerning the conditions of accession to the European Union of the Republic of Bulgaria and Romania and the adjustments to the Treaties on which the European Union is founded (2),

Having regard to Article 45 of the act concerning the conditions of accession to the European Union of the Republic of Croatia and the adjustments to the Treaty on European Union, the Treaty on the Functioning of the European Union and the Treaty establishing the European Atomic Energy Community (3),

Whereas:

(1)

On 25 September 2012 the Court adopted new Rules of Procedure containing various amendments, both of substance and of form, in relation to the previous Rules, which they repealed. Those amendments concern, in particular, the terminology used in the new Rules of Procedure and the procedure followed when legal aid is granted. Those alterations must, therefore, be reflected in the wording of the Supplementary Rules.

(2)

In consequence of several Member States’ designation of new authorities responsible for the handling of the matters referred to in Articles 2, 4 and 6 of the Supplementary Rules and of the accession to the European Union of the Republic of Bulgaria and Romania on 1 January 2007 and of the Republic of Croatia on 1 July 2013, it would furthermore appear necessary to bring up to date the lists in the three annexes to those Rules.

With the Council’s approval given on 17 December 2013,

HAS ADOPTED THESE SUPPLEMENTARY RULES:

CHAPTER I

Letters rogatory

Article 1

1.   Letters rogatory shall be issued in the form of an order which shall contain the names, forenames, description and address of the witness or expert, set out the facts on which the witness or expert is to be examined, name the parties, their agents, lawyers or advisers, indicate their addresses for service and briefly describe the subject-matter of the proceedings.

2.   Notice of the order shall be served on the parties by the Registrar.

Article 2

1.   The Registrar shall send the order to the competent authority named in Annex I of the Member State in whose territory the witness or expert is to be examined. Where necessary, the order shall be accompanied by a translation into the official languages of the Member State to which it is addressed.

2.   The authority named pursuant to paragraph 1 shall pass on the order to the judicial authority which is competent according to its national law.

3.   The competent judicial authority shall give effect to the letters rogatory in accordance with its national law. After implementation the competent judicial authority shall transmit to the authority named pursuant to paragraph 1 the order embodying the letters rogatory, any documents arising from the implementation and a detailed statement of costs. These documents shall be sent to the Registrar of the Court.

4.   The Registrar shall be responsible for the translation of the documents into the language of the case.

Article 3

The Court shall defray the expenses occasioned by the letters rogatory without prejudice to the right to charge them, where appropriate, to the parties.

CHAPTER II

Legal aid

Article 4

1.   The Court, by any order by which it decides that a person is entitled to receive legal aid, shall order that a lawyer be appointed to act for him.

2.   If the person does not indicate his choice of lawyer, or if the Court considers that his choice is unacceptable, the Registrar shall send a copy of the order and of the application for legal aid to the authority named in Annex II, being the competent authority of the State concerned.

3.   The Court, in the light of the suggestions made by that authority, shall of its own motion appoint a lawyer to act for the person concerned.

Article 5

The Court shall adjudicate on the lawyer’s expenses and fees; on request, an advance on those expenses and fees may be paid.

CHAPTER III

Reports of perjury by a witness or expert

Article 6

The Court, after hearing the Advocate General, may decide to report to the competent authority referred to in Annex III of the Member State whose courts have penal jurisdiction any case of perjury on the part of a witness or expert before the Court.

Article 7

The Registrar shall be responsible for communicating the decision of the Court. The decision shall set out the facts and circumstances on which the report is based.

Final provisions

Article 8

These Supplementary Rules replace the Supplementary Rules of 4 December 1974 (OJ L 350, 28.12.1974, p. 29), as most recently amended on 21 February 2006 (OJ L 72, 11.3.2006, p. 1).

Article 9

1.   These Rules, which shall be authentic in the languages referred to in Article 36 of the Rules of Procedure, shall be published in the Official Journal of the European Union.

2.   These Rules shall enter into force on the date of their publication.

Done at Luxembourg, 14 January 2014.

 


(1)  OJ L 265, 29.9.2012, p. 1, as amended on 18 June 2013 (OJ L 173, 26.6.2013, p. 65).

(2)  OJ L 157, 21.6.2005, p. 203.

(3)  OJ L 112, 24.4.2012, p. 21.


ANNEX I

List referred to in Article 2(1)

Belgium

Service public fédéral Justice – Federale Overheidsdienst Justitie

Bulgaria

Министър на правосъдието

Czech Republic

Ministr spravedlnosti

Denmark

Justitsministeriet

Germany

Bundesministerium der Justiz

Estonia

Justiitsministeerium

Ireland

Minister for Justice and Equality

Greece

Υπουργείο Δικαιοσύνης, Διαφάνειας και Ανθρωπίνων Δικαιωμάτων

Spain

Ministerio de Justicia

France

Ministère de la justice

Croatia

Ministarstvo pravosuđa

Italy

Ministero della Giustizia

Cyprus

Υπουργός Δικαιοσύνης και Δημόσιας Τάξεως

Latvia

Latvijas Republikas Tieslietu ministrija

Lithuania

Lietuvos Respublikos teisingumo ministerija

Luxembourg

Parquet général

Hungary

Közigazgatási és Igazságügyi Minisztérium

Malta

Avukat Ġenerali

Netherlands

Minister van Veiligheid en Justitie

Austria

Bundesministerium für Justiz

Poland

Ministerstwo Sprawiedliwości

Portugal

Ministro da Justiça

Romania

Ministerul Justiției

Slovenia

Ministrstvo za pravosodje

Slovakia

Minister spravodlivosti

Finland

Oikeusministeriö

Sweden

Regeringskansliet Justitiedepartementet

United Kingdom

Secretary of State for the Home Department


ANNEX II

List referred to in Article 4(2)

Belgium

Service public fédéral Justice – Federale Overheidsdienst Justitie

Bulgaria

Министър на правосъдието

Czech Republic

Česká advokátní komora

Denmark

Justitsministeriet

Germany

Bundesrechtsanwaltskammer

Estonia

Justiitsministeerium

Ireland

Minister for Justice and Equality

Greece

Υπουργείο Δικαιοσύνης, Διαφάνειας και Ανθρωπίνων Δικαιωμάτων

Spain

Consejo General de la Abogacía Española

France

Ministère de la justice

Croatia

Ministarstvo pravosuđa

Italy

Ministero della Giustizia

Cyprus

Υπουργός Δικαιοσύνης και Δημόσιας Τάξεως

Latvia

Latvijas Republikas Tieslietu ministrija

Lithuania

Lietuvos Respublikos teisingumo ministerija

Luxembourg

Ministère de la justice

Hungary

Közigazgatási és Igazságügyi Minisztérium

Malta

Segretarju Parlamentari għall-Gustizzja

Netherlands

Algemene Raad van de Nederlandse Orde van Advocaten

Austria

Bundesministerium für Justiz

Poland

Ministerstwo Sprawiedliwości

Portugal

Ministro da Justiça

Romania

Uniunea Națională a Barourilor din România

Slovenia

Ministrstvo za pravosodje

Slovakia

Slovenská advokátska komora

Finland

Oikeusministeriö

Sweden

Sveriges advokatsamfund

United Kingdom

The Law Society, London (for applicants residing in England or Wales)

The Law Society of Scotland, Edinburgh (for applicants residing in Scotland)

The Law Society of Northern Ireland, Belfast (for applicants residing in Northern Ireland)


ANNEX III

List referred to in Article 6

Belgium

Service public fédéral Justice – Federale Overheidsdienst Justitie

Bulgaria

Върховна касационна прокуратура на Република България

Czech Republic

Nejvyšší státní zastupitelství

Denmark

Justitsministeriet

Germany

Bundesministerium der Justiz

Estonia

Riigiprokuratuur

Ireland

The Office of the Attorney General

Greece

Υπουργείο Δικαιοσύνης, Διαφάνειας και Ανθρωπίνων Δικαιωμάτων

Spain

Consejo General del Poder Judicial

France

Ministère de la justice

Croatia

Zamjenik Glavnog državnog odvjetnika

Italy

Ministero della Giustizia

Cyprus

Γενικός Εισαγγελέας της Δημοκρατίας

Latvia

Latvijas Republikas Ģenerālprokuratūra

Lithuania

Lietuvos Respublikos generalinė prokuratūra

Luxembourg

Parquet général

Hungary

Közigazgatási és Igazságügyi Minisztérium

Malta

Avukat Ġenerali

Netherlands

Minister van Veiligheid en Justitie

Austria

Bundesministerium für Justiz

Poland

Ministerstwo Sprawiedliwości

Portugal

Ministro da Justiça

Romania

Parchetul de pe lângă Înalta Curte de Casație și Justiție

Slovenia

Ministrstvo za pravosodje

Slovakia

Minister spravodlivosti

Finland

Keskusrikospoliisi

Sweden

Åklagarmyndigheten

United Kingdom

Her Majesty’s Attorney General (for witnesses or experts residing in England or Wales)

Her Majesty’s Advocate General (for witnesses or experts residing in Scotland)

Her Majesty’s Attorney General (for witnesses or experts residing in Northern Ireland)