ISSN 1977-0677

Official Journal

of the European Union

L 165

European flag  

English edition

Legislation

Volume 57
4 June 2014


Contents

 

II   Non-legislative acts

page

 

 

INTERNATIONAL AGREEMENTS

 

 

2014/315/Euratom

 

*

Council Decision of 22 October 2013 approving the conclusion, by the European Commission, on behalf of the European Atomic Energy Community, of the Protocol to the Stabilisation and Association Agreement between the European Communities and their Member States, of the one part, and the Republic of Montenegro, of the other part, to take account of the accession of the Republic of Croatia to the European Union

1

 

 

2014/316/EU

 

*

Council Decision of 15 November 2013 on the signing, on behalf of the European Union and its Member States, and provisional application of the Protocol to the Stabilisation and Association Agreement between the European Communities and their Member States, of the one part, and the Republic of Albania, of the other part, to take account of the accession of the Republic of Croatia to the European Union

3

 

 

2014/317/Euratom

 

*

Council Decision of 15 November 2013 approving the conclusion, by the European Commission, on behalf of the European Atomic Energy Community, of the Protocol to the Stabilisation and Association Agreement between the European Communities and their Member States, of the one part, and the Republic of Albania, of the other part, to take account of the accession of the Republic of Croatia to the European Union

5

 

 

2014/318/EU

 

*

Council Decision of 17 February 2014 on the conclusion, on behalf of the European Union, of the Agreement between the European Union and the Russian Federation on drug precursors

6

 

 

Agreement between the European Union and the Russian Federation on drug precursors

7

 

 

Information on the date of entry into force of the Agreement between the European Union and the Russian Federation on drug precursors

15

 

 

2014/319/EU

 

*

Council Decision of 12 May 2014 on the conclusion of the Protocol to the Partnership and Cooperation Agreement between the European Communities and their Member States, of the one part, and Georgia of the other part, on a Framework Agreement between the European Union and Georgia on the general principles for the participation of Georgia in Union programmes

16

 

 

2014/320/EU

 

*

Council Decision of 12 May 2014 on the conclusion, on behalf of the European Union and its Member States, of the Protocol to the Stabilisation and Association Agreement between the European Communities and their Member States, of the one part, and the Republic of Albania, of the other part, to take account of the accession of the Republic of Croatia to the European Union

18

 

 

Protocol to the Stabilisation and Association Agreement between the European Communities and their Member States, of the one part, and the Republic of Albania, of the other part, to take account of the accession of the Republic of Croatia to the European Union

19

 

 

2014/321/EU

 

*

Council Decision of 13 May 2014 on the conclusion on behalf of the European Union and its Member States of the Protocol to the Stabilisation and Association Agreement between the European Communities and their Member States, of the one part, and the Republic of Montenegro, of the other part, to take account of the accession of the Republic of Croatia to the European Union

30

 

 

REGULATIONS

 

*

Commission Implementing Regulation (EU) No 591/2014 of 3 June 2014 on the extension of the transitional periods related to own funds requirements for exposures to central counterparties in Regulation (EU) No 575/2013 and Regulation (EU) No 648/2012 of the European Parliament and of the Council ( 1 )

31

 

*

Commission Regulation (EU) No 592/2014 of 3 June 2014 amending Regulation (EU) No 142/2011 as regards the use of animal by-products and derived products as a fuel in combustion plants ( 1 )

33

 

*

Commission Implementing Regulation (EU) No 593/2014 of 3 June 2014 laying down implementing technical standards with regard to the format of the notification according to Article 16(1) of Regulation (EU) No 345/2013 of the European Parliament and of the Council on European venture capital funds ( 1 )

41

 

*

Commission Implementing Regulation (EU) No 594/2014 of 3 June 2014 laying down implementing technical standards with regard to the format of the notification according to Article 17(1) of Regulation (EU) No 346/2013 of the European Parliament and of the Council on European social entrepreneurship funds ( 1 )

44

 

 

Commission Implementing Regulation (EU) No 595/2014 of 3 June 2014 establishing the standard import values for determining the entry price of certain fruit and vegetables

47

 

 

DECISIONS

 

 

2014/322/EU

 

*

Council Decision of 6 May 2014 on guidelines for the employment policies of the Member States for 2014

49

 

 

2014/323/EU

 

*

Council Decision of 19 May 2014 repealing Decision 2010/371/EU concerning the conclusion of consultations with the Republic of Madagascar under Article 96 of the ACP-EU Partnership Agreement

51

 

 

2014/324/EU

 

*

Commission Implementing Decision of 3 June 2014 on recognition of the Gafta Trade Assurance Scheme for demonstrating compliance with the sustainability criteria under Directives 2009/28/EC and 98/70/EC of the European Parliament and of the Council

53

 

 

2014/325/EU

 

*

Commission Implementing Decision of 3 June 2014 on recognition of the KZR INiG System for demonstrating compliance with the sustainability criteria under Directives 98/70/EC and 2009/28/EC of the European Parliament and of the Council

56

 


 

(1)   Text with EEA relevance

EN

Acts whose titles are printed in light type are those relating to day-to-day management of agricultural matters, and are generally valid for a limited period.

The titles of all other Acts are printed in bold type and preceded by an asterisk.


II Non-legislative acts

INTERNATIONAL AGREEMENTS

4.6.2014   

EN

Official Journal of the European Union

L 165/1


COUNCIL DECISION

of 22 October 2013

approving the conclusion, by the European Commission, on behalf of the European Atomic Energy Community, of the Protocol to the Stabilisation and Association Agreement between the European Communities and their Member States, of the one part, and the Republic of Montenegro, of the other part, to take account of the accession of the Republic of Croatia to the European Union

(2014/315/Euratom)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Atomic Energy Community, and in particular the second paragraph of Article 101 thereof,

Having regard to the recommendation from the European Commission,

Whereas:

(1)

On 24 September 2012, the Council authorised the Commission to open negotiations with Montenegro in order to conclude a Protocol to the Stabilisation and Association Agreement between the European Communities and their Member States, of the one part, and the Republic of Montenegro, of the other part, to take account of the accession of the Republic of Croatia to the European Union (‘the Protocol’).

(2)

Those negotiations were successfully completed by initialling the Protocol on 16 May 2013.

(3)

The conclusion, by the Commission, of the Protocol should be approved as regards matters falling within the competence of the European Atomic Energy Community.

(4)

The signature and conclusion of the Protocol are subject to a separate procedure as regards matters falling within the competence of the Union and its Member States,

HAS ADOPTED THIS DECISION:

Sole Article

The conclusion by the European Commission, on behalf of the European Atomic Energy Community, of the Protocol to the Stabilisation and Association Agreement between the European Communities and their Member States, of the one part, and the Republic of Montenegro, of the other part, to take account of the accession of the Republic of Croatia to the European Union is hereby approved.

The text of the Protocol is attached to the Decision on its signature.

Done at Luxembourg, 22 October 2013.

For the Council

The President

L. LINKEVIČIUS


4.6.2014   

EN

Official Journal of the European Union

L 165/3


COUNCIL DECISION

of 15 November 2013

on the signing, on behalf of the European Union and its Member States, and provisional application of the Protocol to the Stabilisation and Association Agreement between the European Communities and their Member States, of the one part, and the Republic of Albania, of the other part, to take account of the accession of the Republic of Croatia to the European Union

(2014/316/EU)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union, and in particular Article 217 in conjunction with Article 218(5) and the second subparagraph of Article 218(8) thereof,

Having regard to the Act of accession of Croatia, and in particular the second subparagraph of Article 6(2) thereof,

Having regard to the proposal from the European Commission,

Whereas:

(1)

On 24 September 2012, the Council authorised the Commission to open negotiations, on behalf of the Union and its Member States and the Republic of Croatia, with the Republic of Albania in order to conclude a Protocol to the Stabilisation and Association Agreement between the European Communities and their Member States, of the one part, and the Republic of Albania, of the other part, to take account of the accession of the Republic of Croatia to the European Union (‘the Protocol’).

(2)

These negotiations were successfully completed and the Protocol was approved by the Albanian authorities, through an Exchange of Letters on 1 August 2013.

(3)

The Protocol should be signed on behalf of the Union and its Member States, subject to its conclusion at a later date.

(4)

The conclusion of the Protocol is subject to a separate procedure as regards matters falling under the competence of the European Atomic Energy Community.

(5)

In view of Croatia's accession to the Union on 1 July 2013, the Protocol should be applied on a provisional basis from that date,

HAS ADOPTED THIS DECISION:

Article 1

The signing of the Protocol to the Stabilisation and Association Agreement between the European Communities and their Member States, of the one part, and the Republic of Albania, of the other part, to take account of the accession of the Republic of Croatia to the European Union is hereby authorised on behalf of the Union and its Member States, subject to the conclusion of the said Protocol.

The text of the Protocol is attached to this Decision.

Article 2

The President of the Council is hereby authorised to designate the person(s) empowered to sign the Protocol on behalf of the Union and its Member States.

Article 3

The Protocol shall be applied on a provisional basis, in accordance with Article 10 thereof, as from 1 July 2013, pending the completion of the procedures for its conclusion.

Done at Brussels, 15 November 2013.

For the Council

The President

R. ŠADŽIUS


4.6.2014   

EN

Official Journal of the European Union

L 165/5


COUNCIL DECISION

of 15 November 2013

approving the conclusion, by the European Commission, on behalf of the European Atomic Energy Community, of the Protocol to the Stabilisation and Association Agreement between the European Communities and their Member States, of the one part, and the Republic of Albania, of the other part, to take account of the accession of the Republic of Croatia to the European Union

(2014/317/Euratom)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Atomic Energy Community, and in particular the second paragraph of Article 101 thereof,

Having regard to the recommendation from the European Commission,

Whereas:

(1)

On 24 September 2012, the Council authorised the Commission to open negotiations with the Republic of Albania in order to conclude a Protocol to the Stabilisation and Association Agreement between the European Communities and their Member States, of the one part, and the Republic of Albania, of the other part, to take account of the accession of the Republic of Croatia to the European Union (‘the Protocol’).

(2)

Those negotiations were successfully completed and the Protocol was approved by the Albanian authorities, through an Exchange of Letters on 1 August 2013.

(3)

The conclusion, by the European Commission, of the Protocol should be approved as regards matters falling within the competence of the European Atomic Energy Community.

(4)

The signature and conclusion of the Protocol are subject to a separate procedure as regards matters falling within the competence of the Union and its Member States,

HAS ADOPTED THIS DECISION:

Sole Article

The conclusion by the European Commission, on behalf of the European Atomic Energy Community, of the Protocol to the Stabilisation and Association Agreement between the European Communities and their Member States, of the one part, and the Republic of Albania, of the other part, to take account of the accession of the Republic of Croatia to the European Union is hereby approved.

The text of the Protocol is attached to the Decision on its signature.

Done at Brussels, 15 November 2013.

For the Council

The President

R. ŠADŽIUS


4.6.2014   

EN

Official Journal of the European Union

L 165/6


COUNCIL DECISION

of 17 February 2014

on the conclusion, on behalf of the European Union, of the Agreement between the European Union and the Russian Federation on drug precursors

(2014/318/EU)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union, and in particular the first subparagraph of Article 207(4), in conjunction with Article 218(6)(a) thereof,

Having regard to the proposal from the European Commission,

Having regard to the consent of the European Parliament,

Whereas:

(1)

The European Union and the Russian Federation should strengthen their cooperation to prevent diversion of drug precursors from the legal trade, in order to counter the illicit manufacture of narcotic drugs and psychotropic substances.

(2)

In accordance with Council Decision 2013/263/EU (1), the Agreement between the European Union and the Russian Federation on drug precursors (‘the Agreement’) was signed on 4 June 2013, subject to its conclusion at a later date.

(3)

The Agreement should ensure full respect of fundamental rights, in particular a high level of protection for the processing and transfer of personal data between the Parties to the Agreement.

(4)

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

HAS ADOPTED THIS DECISION:

Article 1

The Agreement between the European Union and the Russian Federation on drug precursors is hereby approved on behalf of the Union.

The text of the Agreement is attached to this Decision.

Article 2

The President of the Council shall, on behalf of the European Union, give the notification provided for in Article 11 of the Agreement (2).

Article 3

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

Done at Brussels, 17 February 2014.

For the Council

The President

A. TSAFTARIS


(1)  Council Decision 2013/263/EU of 13 May 2013 on the signing, on behalf of the European Union, of the Agreement between the European Union and the Russian Federation on drug precursors (OJ L 154, 6.6.2013, p. 5).

(2)  The date of entry into force of the Agreement will be published in the Official Journal of the European Union by the General Secretariat of the Council.


4.6.2014   

EN

Official Journal of the European Union

L 165/7


AGREEMENT

between the European Union and the Russian Federation on drug precursors

THE EUROPEAN UNION

on the one part, and

THE RUSSIAN FEDERATION,

on the other part,

hereinafter referred to as the ‘The Parties’,

WITHIN THE FRAMEWORK of the United Nations Convention of 1988 against Illicit Traffic in Narcotic Drugs and Psychotropic Substances, hereinafter referred to as the ‘1988 Convention’;

DETERMINED to prevent and to combat the illicit manufacture of narcotic drugs and psychotropic substances by preventing the diversion from the legitimate trade of substances frequently used in the illicit manufacture of narcotic drugs and psychotropic substances (hereinafter referred to as the ‘precursors’);

TAKING into account the overall legal framework between the Russian Federation and the European Union;

NOTING that international trade may be used for the diversion of such precursors;

CONVINCED of the necessity to conclude and to implement agreements between the Parties concerned, with the purpose of establishing wide cooperation, in particular pertaining to export and import controls;

RECOGNISING that precursors are also mainly and widely used for legitimate purposes and that international trade must not be hindered by excessive monitoring procedures.

HAVE AGREED AS FOLLOWS:

Article 1

Scope of the Agreement

1.   This Agreement sets out measures to strengthen cooperation between the Parties to prevent the diversion from the legitimate trade of precursors, without prejudice to the legitimate trade in these precursors.

2.   The Parties shall assist each other, as set out in this Agreement, in particular by:

monitoring the trade between the Parties in the precursors with the aim of preventing their use for illicit purposes;

providing mutual assistance for the purpose of prevention of diversion of such precursors.

3.   The measures referred to in paragraph 2 of this Article shall apply to the precursors listed in Annex I of this Agreement (hereinafter referred to as ‘scheduled precursors’).

Article 2

Implementation measures

1.   The Parties shall inform each other in writing about their respective competent authorities. These authorities shall communicate directly with one another for the purposes of this Agreement.

2.   The Parties shall inform each other about their respective legal provisions and other measures applied to implement this Agreement.

Article 3

Trade monitoring

1.   The competent authorities of the Parties shall inform each other on their own initiative whenever they have reasonable grounds to believe that scheduled precursors in legitimate trade between the Parties may be diverted to the illicit manufacture of narcotic drugs or psychotropic substances.

2.   With regard to the scheduled precursors the competent authorities of the exporting Party shall forward a pre-export notification containing the information referred to in Article 12 (10) point a) of the 1988 Convention to the competent authorities of the importing Party.

The reply in writing by the competent authorities of the importing Party shall be provided through technical means of communication within 21 days after the receipt of the message from the competent authorities of the exporting Party. The absence of a reply within this period shall be considered as non-objection to sending the shipment. Any objection shall be notified in writing through technical means of communication to the competent authorities of the exporting Party within this period after the receiptof the pre-export notification giving the reasons for refusal.

Article 4

Mutual assistance

1.   The Parties shall within the scope of this agreement provide each other mutual assistance through exchange of information referred to in Article 12 (10) point a) of the 1988 Convention to prevent the diversion of scheduled precursors to the illicit manufacture of narcotic drugs or psychotropic substances. They shall, in accordance with the legislation of the Parties, take appropriate steps to prevent diversion.

2.   The Parties shall also provide each other upon written request or at their own initiative with mutual assistance if there are reasons to believe that other relevant information is of interest to the other Party.

3.   The request shall contain information about the following:

aim and foundation of the request;

time of the expected execution of the request;

other information that may be used for the execution of the request.

4.   The request directed in writing on the official letter head of the competent authorities of the requesting Party shall be accompanied by a translation in one of the official languages of the requested Party and shall be signed by duly authorised persons of the competent authorities of the requesting Party.

5.   The competent authorities of the requested Party shall take all necessary measures for the complete execution of the request as promptly as possible.

6.   Requests for assistance shall be executed in accordance with the legislation of the requested Party.

7.   The competent authorities of the requested Party should as promptly as possible inform the competent authorities of the requesting Party about the circumstances that prevent or delay the execution of the request.

If the competent authorities of the requesting Party state that there is no more necessity to complete the request, they shall as promptly as possible inform the competent authorities of the requested Party accordingly.

8.   The Parties may cooperate with each other to minimise the risk of illicit shipments of scheduled precursors brought into or out of the territory of the Russian Federation and the customs territory of the European Union.

9.   Assistance provided under this Article shall not prejudice the rules governing mutual assistance in criminal matters and extradition, nor shall it apply to information obtained under powers exercised at the request of a judicial authority, except where communication of such information is authorised by that authority.

Article 5

Confidentiality and data protection

1.   The Parties shall take all measures to ensure confidentiality of the received information. If it is impossible to ensure confidentiality of the requested information, the Party requesting the information shall inform the other Party accordingly which shall decide whether to provide the information upon these conditions.

2.   Information obtained under this Agreement, including personal data, shall be used solely for the purposes of this Agreement and must not be kept longer than necessary for the purposes for which it is transferred pursuant to this Agreement.

3.   By derogation to paragraph 2, the use of information, including personal data, for further purposes by the Authorities or public bodies of the Party which received the information shall only be authorized after prior express and written approval of the authority of the Party which transmitted the information in accordance with the legislation of that Party. Such use shall then be subject to any conditions established by that authority.

4.   The Parties may in proceedings instituted for failure to comply with legislation on scheduled precursors use as evidence information obtained and documents consulted in accordance with the provisions of this Agreement following prior written consent of the competent authorities of the requested Party which provided the data.

5.   In case personal data are exchanged, their processing shall comply with the principles set out in Annex II which are mandatory for the Parties to the Agreement.

Article 6

Exceptions to the obligation to provide mutual assistance

1.   Provision of assistance may be refused or may be made subject to certain conditions or requirements, in cases where a Party is of the opinion that assistance under this Agreement would be likely to prejudice the sovereignty, the security, the public policy or other essential interests of the Russian Federation or that of a Member State of the European Union which has been requested to provide assistance under this Agreement.

2.   For the cases referred to in this Article, the decision of the competent authorities of the requested Party and the reasons therefore must be communicated to the competent authorities of the requesting Party as promptly as possible.

Article 7

Cooperation regarding precursors not listed in Annex I

1.   The Parties may, on a voluntary basis, exchange information about precursors not listed in Annex I of this Agreement (hereinafter referred to as ‘non-scheduled precursors’).

2.   In the case of paragraph 1 of this Article, the provisions of Article 4 (2) — (9) shall apply.

3.   The Parties may exchange their available lists of non-scheduled precursors.

Article 8

Technical and scientific cooperation

The Parties shall cooperate in the identification of new diversion methods as well as appropriate countermeasures, including technical cooperation and in particular, training and exchange programmes for the officials concerned, to strengthen administrative and enforcement structures in this field and to promote cooperation with trade and industry.

Article 9

Joint Follow-Up Expert Group

1.   According to this Agreement, a Joint Follow-Up Expert Group is hereby established which consists of the representatives of competent authorities of the Parties (hereinafter referred to as ‘the Joint Follow-Up Expert Group’.)

2.   The Joint Follow-Up Expert Group shall make recommendations by consensus.

3.   The Joint Follow-Up Expert Group shall meet, with the date, place and programme being fixed by consensus.

4.   The Joint Follow-Up Expert Group shall administer this Agreement and ensure its proper implementation. For this purpose:

It shall address questions relating to the implementation of the Agreement;

It shall study and recommend technical cooperation measures referred to in Article 8;

It shall study and recommend other possible forms of cooperation;

It shall consider other issues of the Parties about the implementation of this Agreement.

5.   The Joint Follow-Up Expert Group may recommend amendments to this Agreement to the Parties.

Article 10

Obligations under other international agreements

1.   Unless otherwise provided by this Agreement, its provisions shall not affect the obligations of the Parties under any other international agreement.

2.   The exchange of secret information is regulated by the Agreement between the Government of the Russian Federation and the European Union on the protection of classified information (1).

3.   The provisions of this Agreement shall take precedence over the provisions of any bilateral or multilateral international agreement covering drug precursors between the Russian Federation and the EU Member States.

4.   The Parties shall inform each other about the conclusion of international agreements on the aforementioned issues with other countries.

5.   This Agreement is to be seen and interpreted in the context of the overall legal framework in force between the EU and the Russian Federation, including in respect of any obligation contained therein.

Article 11

Entry into force

This Agreement shall enter into force on the first day of the second month following the date of the reception of the last written notification of the Parties about completion of their internal procedures required for its entry into force.

Article 12

Duration, denunciation and amendments

1.   This Agreement shall be concluded for five years at the end of which it is automatically/tacitly renewed for further successive five year periods until one of the Parties, no later than 6 months prior to the termination of the relevant 5 year period notifies the other Party in writing of its intention to terminate this present agreement.

2.   This Agreement may be amended by mutual consent of the Parties.

Article 13

Costs

Each Party shall bear the costs it incurs arising from the measures to implement this Agreement.

Done at Yekaterinburg on 4 June 2013 in duplicate in the Bulgarian, Czech, Danish, Dutch, Estonian, English, Finnish, French, German, Greek, Hungarian, Italian, Latvian, Lithuanian, Maltese, Polish, Portuguese, Romanian, Slovak, Slovenian, Spanish, Swedish and Russian languages, all these texts being equally authentic.

За Европейския съюз

Por la Unión Europea

Za Evropskou unii

For Den Europæiske Union

Für die Europäische Union

Euroopa Liidu nimel

Για την Ευρωπαϊκή Ένωση

For the European Union

Pour l'Union européenne

Per l'Unione europea

Eiropas Savienības vārdā –

Europos Sąjungos vardu

Az Európai Unió részéről

Għall-Unjoni Ewropea

Voor de Europese Unie

W imieniu Unii Europejskiej

Pela União Europeia

Pentru Uniunea Europeană

Za Európsku úniu

Za Evropsko unijo

Euroopan unionin puolesta

För Europeiska unionen

За Европейский съюз

Image

За Руската Федерация

Por la Federación de Rusia

Za Ruskou Federaci

For Den Russiske Føderation

Für die Russische Föderation

Venemaa Föderatsiooni nimel

Για τη Ρωσική Ομοσπονδία

For the Russian Federation

Pour la Fédération de Russie

Per la Federazione Russa

Krievijas Federācijas vārdā –

Rusijos Federacijos vardu

Az Oroszországi Föderáció részéről

Għall-Federazzjoni Russa

Voor de Russische Federatie

W imieniu Federacji Rosyjskiej

Pela Federação da Rússia

Pentru Federația Rusă

Za Ruskú Federáciu

Za Rusko Federacijo

Venäjän Federaation puolesta

För Ryska Federationen

За Pоссийскую Федерацию

Image


(1)  OJ L 155, 22.6.2010, p. 57.


ANNEX I

Acetic Anhydride

Acetone

Anthranilic Acid

Ephedrine

Ergometrine

Ergotamine

Ethyl Ether

Hydrochloric Acid

Isosafrol

Lysergic Acid

3,4-Methylenedioxyphenyl-2-propanone

Methyl Ethyl Ketone

N-Acetylanthranilic Acid

Norephedrine

Phenylacetic Acid

1-Phenyl-2-propanone

Piperidine

Piperonal

Potassium Permanganate

Pseudoephedrine

Safrole

Sulphuric Acid

Toluene

The salts of the substances listed in this Annex are included whenever the existence of such salts is possible. (With the exception of the salts of Hydrochloric Acid and Sulphuric Acid.)


ANNEX II

DATA PROTECTION DEFINITIONS AND PRINCIPLES

Definitions

For the purpose of this Agreement,

‘personal data’ shall mean any information relating to an identified or identifiable natural person;

‘Processing of personal data’ shall mean any operation or set of operations which is performed upon personal data, whether or not by automatic means, such as collection, recording, organisation, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, blocking, erasure or destruction.

Principles

‘Data quality and proportionality’: Data shall be adequate, accurate relevant and not excessive in relation to the purposes for which they are transferred and, where necessary, kept up to date. The Parties shall in particular ensure that the accuracy of data exchanged is regularly reviewed.

‘Transparency’: A data subject shall be provided with information as to the purposes of the processing and the identity of the data controller, the recipients and categories of recipients of the personal data, the existence of the right of access and the right to rectify, erasure or blocking data concerning him/her, the right to administrative and judicial recourses and other information insofar as this is necessary to ensure fair processing, unless such information has already been provided by the Parties to the Agreement.

‘Rights of access, rectification, erasure and blocking of data’: A data subject shall have a right of direct access without constraint to all data relating to him/her that are processed and, as appropriate, the right to the rectification, erasure or blocking of data the processing of which does not comply with this Agreement because the data are incomplete or inaccurate.

‘Redress’: The Parties shall provide that a data subject who considers that his/her right to privacy or that personal data concerning him/her have been processed in breach of this Agreement, shall have the right in accordance with their legislation to an effective administrative remedy before a competent authority and a judicial remedy before an independent and impartial tribunal accessible by individuals regardless of their nationality or country of residence.

Any such infringements or violation shall be subject to appropriate, proportionate and effective sanctions including compensation for damages suffered as a result of an infringement of data protection rules. Where data protection provisions are found to have been breached sanctions including compensation are to be imposed in accordance with applicable domestic rules.

Onward transfers:

Onward transfers of personal data to other authorities and public bodies of a third country shall be allowed only with the prior written consent of the authority which has transmitted the data and for the purposes for which the data have been transmitted and if this country provides an adequate level of data protection. Subject to reasonable legal limitations provided by national law, the Parties shall inform the data subject on such onward transfer.

‘Supervision of data processing’: Compliance with data protection rules by each Party shall be subject to control by one or more independent public authorities that have effective powers of investigation, intervention and to engage in legal proceedings or to bring to the attention of the competent judicial authorities any violation of the data protection principles of this agreement. Each independent public authority shall, in particular, hear claims lodged by any person concerning protection of his or her rights and freedoms with regard to the processing of personal data pursuant to this Agreement. The person concerned shall be informed of the outcome of the claim.

‘Exemptions from transparency and right of access’: The Parties may restrict the right of access and transparency principles in accordance with their legislation when necessary in order not to:

jeopardise an official investigation,

violate the human rights of other persons.


4.6.2014   

EN

Official Journal of the European Union

L 165/15


Information on the date of entry into force of the Agreement between the European Union and the Russian Federation on drug precursors

Following signature on 4 June 2013, the Government of the Russian Federation and the European Union notified on 20 February 2014 and on 21 February 2014 respectively that they had finalised their internal procedures to conclude the Agreement between the European Union and the Russian Federation on drug precursors.

The Agreement accordingly entered into force on 1 April 2014 pursuant to Article 11 thereof.


4.6.2014   

EN

Official Journal of the European Union

L 165/16


COUNCIL DECISION

of 12 May 2014

on the conclusion of the Protocol to the Partnership and Cooperation Agreement between the European Communities and their Member States, of the one part, and Georgia of the other part, on a Framework Agreement between the European Union and Georgia on the general principles for the participation of Georgia in Union programmes

(2014/319/EU)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union, and in particular Article 212 in conjunction with Article 218(6)(a) thereof,

Having regard to the proposal from the European Commission,

Having regard to the consent of the European Parliament,

Whereas:

(1)

The Protocol to the Partnership and Cooperation Agreement between the European Communities and their Member States, of the one part, and Georgia, of the other part, on a Framework Agreement between the European Union and Georgia on the general principles for the participation of Georgia in Union programmes (‘the Protocol’) was signed on behalf of the Union on 12 December 2013.

(2)

The objective of the Protocol is to lay down the financial and technical rules enabling Georgia to participate in certain Union programmes. The horizontal framework established by the Protocol constitutes an economic, financial and technical cooperation measure which allows for access to assistance, in particular financial assistance, to be provided by the Union pursuant to the Union programmes. This framework applies only to those Union programmes for which the relevant constitutive legal acts provide for the possibility of Georgia's participation. The conclusion of the Protocol therefore does not entail the exercise of powers under the various sectoral policies pursued by the programmes, which are exercised when establishing the programmes.

(3)

The Protocol should be approved,

HAS ADOPTED THIS DECISION:

Article 1

The Protocol to the Partnership and Cooperation Agreement between the European Communities and their Member States, of the one part, and Georgia of the other part, on a Framework Agreement between the European Union and Georgia on the general principles for the participation of Georgia in Union programmes (‘the Protocol’) is hereby approved on behalf of the Union (1).

Article 2

The President of the Council shall, on behalf of the Union, give the notification provided for in Article 10 of the Protocol (2).

Article 3

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

Done at Brussels, 12 May 2014.

For the Council

The President

C. ASHTON


(1)  The Protocol has been published in OJ L 8, 11.1.2014, p. 3, together with the decision on signature.

(2)  The date of entry into force of the Protocol will be published in the Official Journal of the European Union by the General Secretariat of the Council.


4.6.2014   

EN

Official Journal of the European Union

L 165/18


COUNCIL DECISION

of 12 May 2014

on the conclusion, on behalf of the European Union and its Member States, of the Protocol to the Stabilisation and Association Agreement between the European Communities and their Member States, of the one part, and the Republic of Albania, of the other part, to take account of the accession of the Republic of Croatia to the European Union

(2014/320/EU)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union, and in particular Article 217, in conjunction with Article 218(6)(a)(i) and the second subparagraph of Article 218(8) thereof,

Having regard to the Act of Accession of Croatia, and in particular the second subparagraph of Article 6(2) thereof,

Having regard to the proposal from the European Commission,

Having regard to the consent of the European Parliament,

Whereas:

(1)

In accordance with Council Decision 2014/316/EU (1), the Protocol to the Stabilisation and Association Agreement between the European Communities and their Member States, of the one part, and the Republic of Albania, of the other part, to take account of the accession of the Republic of Croatia to the European Union (‘the Protocol’), has been signed, subject to its conclusion.

(2)

The conclusion of the Protocol is subject to a separate procedure as regards matters falling within the competence of the European Atomic Energy Community.

(3)

The Protocol should be approved,

HAS ADOPTED THIS DECISION:

Article 1

The Protocol to the Stabilisation and Association Agreement between the European Communities and their Member States, of the one part, and the Republic of Albania, of the other part, to take account of the accession of the Republic of Croatia to the European Union is hereby approved on behalf of the Union and its Member States (2).

Article 2

The President of the Council is hereby authorised to designate the person(s) empowered to deposit, on behalf of the Union and its Member States, the instrument of approval provided for in Article 9(2) of the Protocol.

Article 3

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

Done at Brussels, 12 May 2014.

For the Council

The President

C. ASHTON


(1)  See page 3 of this Official Journal.

(2)  The text of the Protocol has been published together with the decision on its signature (see page 19 of this Official Journal).


4.6.2014   

EN

Official Journal of the European Union

L 165/19


PROTOCOL

to the Stabilisation and Association Agreement between the European Communities and their Member States, of the one part, and the Republic of Albania, of the other part, to take account of the accession of the Republic of Croatia to the European Union

THE KINGDOM OF BELGIUM,

THE REPUBLIC OF BULGARIA,

THE CZECH REPUBLIC,

THE KINGDOM OF DENMARK,

THE FEDERAL REPUBLIC OF GERMANY,

THE REPUBLIC OF ESTONIA,

IRELAND,

THE HELLENIC REPUBLIC,

THE KINGDOM OF SPAIN,

THE FRENCH REPUBLIC,

THE REPUBLIC OF CROATIA,

THE ITALIAN REPUBLIC,

THE REPUBLIC OF CYPRUS,

THE REPUBLIC OF LATVIA,

THE REPUBLIC OF LITHUANIA,

THE GRAND DUCHY OF LUXEMBOURG,

HUNGARY,

MALTA,

THE KINGDOM OF THE NETHERLANDS,

THE REPUBLIC OF AUSTRIA,

THE REPUBLIC OF POLAND,

THE PORTUGUESE REPUBLIC,

ROMANIA,

THE REPUBLIC OF SLOVENIA,

THE SLOVAK REPUBLIC,

THE REPUBLIC OF FINLAND,

THE KINGDOM OF SWEDEN,

THE UNITED KINGDOM OF GREAT BRITAIN AND NORTHERN IRELAND

Contracting Parties to the Treaty on European Union, the Treaty on the Functioning of the European Union and the Treaty establishing the European Atomic Energy Community, hereinafter referred to as the ‘Member States’, and

THE EUROPEAN UNION and THE EUROPEAN ATOMIC ENERGY COMMUNITY, ereinafter referred to as ‘the European Union’,

of the one part, and

THE REPUBLIC OF ALBANIA, hereinafter referred to as ‘Albania’

of the other part,

HAVING REGARD to the accession of the Republic of Croatia (hereinafter referred to as ‘Croatia’) to the European Union on 1 July 2013,

Whereas:

(1)

The Stabilisation and Association Agreement between the European Communities and their Member States, of the one part, and the Republic of Albania, of the other part, (hereinafter referred to as ‘the SAA’) was signed in Luxembourg on 12 June 2006 and entered into force on 1 April 2009.

(2)

The Treaty concerning the Accession of Croatia to the European Union (hereinafter referred to as ‘the Treaty of Accession’) was signed in Brussels on 9 December 2011.

(3)

Croatia acceded to the European Union on 1 July 2013.

(4)

Pursuant to Article 6(2) of the Act of Accession of Croatia, the accession of Croatia to the SAA is to be agreed by the conclusion of a protocol to the SAA.

(5)

Consultations pursuant to Article 36(3) of the SAA have taken place so as to ensure that account is taken of the mutual interests of the European Union and Albania stated in that Agreement,

HAVE AGREED AS FOLLOWS:

SECTION I

Contracting parties

Article 1

Croatia shall be Party to the Stabilisation and Association Agreement between the European Communities and their Member States, of the one part, and the Republic of Albania, of the other part, signed in Luxembourg on 12 June 2006 (hereinafter referred to as ‘the SAA’), and shall respectively adopt and take note, in the same manner as the other Member States of the European Union, of the texts of the SAA, as well as of the Joint Declarations, and the Unilateral Declarations annexed to the Final Act signed on the same date.

ADJUSTMENTS TO THE TEXT OF THE SAA INCLUDING ITS ANNEXES AND PROTOCOLS

SECTION II

Agricultural products

Article 2

Agricultural Products sensu stricto

Annex II(c) to the SAA shall be replaced by the text set out in Annex I to this Protocol.

SECTION III

Rules of origin

Article 3

Annex IV of Protocol 4 to the SAA shall be replaced by the text set out in Annex II to this Protocol.

TRANSITIONAL PROVISIONS

SECTION IV

Article 4

WTO

Albania undertakes that it shall not make any claim, request or referral nor modify or withdraw any concession pursuant to GATT 1994 Articles XXIV.6 and XXVIII in relation to this enlargement of the European Union.

Article 5

Proof of origin and administrative cooperation

1.   Without prejudice to the application of any measure deriving from the common commercial policy, proof of origin properly issued by either Albania or Croatia or made out in the framework of a preferential agreement applied between them shall be accepted in the respective countries, provided that:

(a)

the acquisition of such origin confers preferential tariff treatment on the basis of the preferential tariff measures contained in the SAA;

(b)

the proof of origin and the transport documents were issued or made out no later than the day before the date of accession;

(c)

the proof of origin is submitted to the customs authorities within a period of four months from the date of accession.

Where goods were declared for importation in either Albania or Croatia, prior to the date of accession, proof of origin issued or made out under a preferential agreement may also be accepted provided that such proof is submitted to the customs authorities within a period of four months from the date of accession.

2.   Albania and Croatia are authorised to retain the authorisations with which the status of ‘approved exporters’ has been granted in the framework of a preferential agreement applied between them, provided that:

(a)

such a provision is also provided for in the SAA concluded prior to the date of Croatia's accession between Albania and the European Union; and

(b)

the approved exporters apply the rules of origin in force under that agreement.

(c)

These authorisations shall be replaced, no later than one year after the date of accession of Croatia, by new authorisations issued under the conditions of the SAA.

3.   Requests for subsequent verification of proof of origin issued under the preferential agreement referred to in paragraph 1 shall be accepted by the competent customs authorities of either Albania or Croatia for a period of three years after the issue of the proof of origin concerned and may be made by those authorities for a period of three years after acceptance of the proof of origin submitted to those authorities in support of an import declaration.

Article 6

Goods in transit

1.   The provisions of the SAA may be applied to goods exported from either Albania to Croatia or from Croatia to Albania, which comply with the provisions of Protocol 4 to the SAA and that on the date of accession of Croatia are either en route or in temporary storage, in a customs warehouse or in a free zone in Albania or in Croatia.

2.   Preferential treatment may be granted in such cases, subject to the submission to the customs authorities of the importing country, within four months from the date of accession of Croatia, of a proof of origin issued retrospectively by the customs authorities of the exporting country.

Article 7

Quotas in 2013

For the year 2013, the volumes of the new tariff quotas and the increases of the volumes of existing tariff quotas shall be calculated as a pro rata of the basic volumes, taking into account the part of the period elapsed before 1 July 2013.

GENERAL AND FINAL PROVISIONS

SECTION V

Article 8

This Protocol and the Annexes thereto shall form an integral part of the SAA.

Article 9

1.   This Protocol shall be approved by the European Union and its Member States and by the Republic of Albania in accordance with their own procedures.

2.   The Parties shall notify each other of the completion of the corresponding procedures referred to in paragraph 1. The instruments of approval shall be deposited with the General Secretariat of the Council of the European Union.

Article 10

1.   This Protocol shall enter into force on the first day of the first month following the date of the deposit of the last instrument of approval.

2.   If not all the instruments of approval of this Protocol have been deposited before 1 July 2013, this Protocol shall apply provisionally with effect from 1 July 2013.

Article 11

This Protocol is drawn up in duplicate in the Bulgarian, Croatian, Czech, Danish, Dutch, English, Estonian, Finnish, French, German, Greek, Hungarian, Italian, Latvian, Lithuanian, Maltese, Polish, Portuguese, Romanian, Slovak, Slovenian, Spanish, Swedish and Albanian languages, each of these texts being equally authentic.

Article 12

The text of the SAA, including the Annexes and Protocols which form an integral part thereof, and the Final Act together with the declarations annexed thereto, shall be drawn up in the Croatian language, and those texts shall be authentic in the same way as the original texts. The Stabilisation and Association Council shall approve those texts.

Съставено в Брюксел на двадесети февруари две хиляди и четиринадесета година.

Hecho en Bruselas, el veinte de febrero de dos mil catorce.

V Bruselu dne dvacátého února dva tisíce čtrnáct.

Udfærdiget i Bruxelles den tyvende februar to tusind og fjorten.

Geschehen zu Brüssel am zwanzigsten Februar zweitausendvierzehn.

Kahe tuhande neljateistkümnenda aasta veebruarikuu kahekümnendal päeval Brüsselis.

Έγινε στις Βρυξέλλες, στις είκοσι Φεβρουαρίου δύο χιλιάδες δεκατέσσερα.

Done at Brussels on the twentieth day of February in the year two thousand and fourteen.

Fait à Bruxelles, le vingt février deux mille quatorze.

Arna dhéanamh sa Bhruiséil, an fichiú lá de Feabhra an bhliain dhá mhíle agus a ceathair déag.

Sastavljeno u Bruxellesu dvadesetog veljače dvije tisuće četrnaeste.

Fatto a Bruxelles, addì venti febbraio duemilaquattordici.

Briselē, divi tūkstoši četrpadsmitā gada divdesmitajā februārī.

Priimta du tūkstančiai keturioliktų metų vasario dvidešimtą dieną Briuselyje.

Kelt Brüsszelben, a kétezer-tizennegyedik év február havának huszadik napján.

Magħmul fi Brussell, fl-għoxrin jum ta’ Frar tas-sena elfejn u erbatax.

Gedaan te Brussel, de twintigste februari tweeduizend veertien.

Sporządzono w Brukseli dnia dwudziestego lutego roku dwa tysiące czternastego.

Feito em Bruxelas, em vinte de fevereiro de dois mil e catorze.

Întocmit la Bruxelles la douăzeci februarie două mii paisprezece.

V Bruseli dvadsiateho februára dvetisícštrnásť.

V Bruslju, dne dvajsetega februarja leta dva tisoč štirinajst.

Tehty Brysselissä kahdentenakymmenentenä päivänä helmikuuta vuonna kaksituhattaneljätoista.

Som skedde i Bryssel den tjugonde februari tjugohundrafjorton.

Bërë në Bruksel, më njëzet shkurt dymijë e katërmbëdhjetë

За държавите-членки

Por los Estados miembros

Za členské státy

For medlemsstaterne

Für die Mitgliedstaaten

Liikmesriikide nimel

Για τα κράτη μέλη

For the Member States

Pour les États membres

Za države članice

Per gli Stati membri

Dalībvalstu vārdā

Valstybių narių vardu

A tagállamok részéről

Għall-Istati Membri

Voor de lidstaten

W imieniu państw Członkowskich

Pelos Estados-Membros

Pentru statele membre

Za členské štáty

Za države članice

Jäsenvaltioiden puolesta

För medlemsstaterna

Për Vendet Anëtare

Image

За Европейския съюз

Рог la Unión Europea

Za Evropskou unii

For Den Europæiske Union

Für die Europäische Union

Euroopa Liidu nimel

Για την Ευρωπαϊκή Ένωση

For the European Union

Pour l'Union européenne

Za Europsku uniju

Per l'Unione europea

Eiropas Savienības vārdā –

Europos Sąjungos vardu

Az Európai Unió részéről

Għall-Unjoni Ewropea

Voor de Europese Unie

W imieniu Unii Europejskiej

Pela União Europeia

Pentru Uniunea Europeană

Za Európsku úniu

Za Evropsko unijo

Euroopan unionin puolesta

För Europeiska unionen

Për Bashkimin Europian

Image

За Република Албания

Por la República de Albania

Za Albánskou republiku

På Republikken Albaniens vegne

Für die Republik Albanien

Albaania Vabariigi nimel

Για τη Δημοκρατία της Αλβανίας

For the Republic of Albania

Pour la République d'Albanie

Za Republiku Albaniju

Per la Repubblica di Albania

Albānijas Republikas vārdā

Albanijos Respublikos vardu

az Albán Köztársaság részéről

Għar-Repubblika ta' l-Albanija

Voor de Republiek Albanië

W imieniu Republiki Albanii

Pela República da Albânia

Pentru Republica Albania

Za Albánsku republiku

Za Republiko Albanijo

Albanian tasavallan puolesta

För Republiken Albanien

Për Republikën e Shqipërosë

Image


ANNEX I

‘ANNEX II(c)

Albanian tariff concessions for agricultural primary products originating in the Community

(referred to in Article 27(3)(c))

CN Code

Description

Annual quota

(in tonnes)

Rate of in-quota duty

0401 10 10

MILK AND CREAM OF A FAT CONTENT BY WEIGHT OF <= 1 %, IN IMMEDIATE PACKINGS OF <= 2 L, NOT CONCENTRATED NOR CONTAINING ADDED SUGAR OR OTHER SWEETENING MATTER

790

0 %

0401 20 11

MILK AND CREAM OF A FAT CONTENT BY WEIGHT OF <= 3 % BUT > 1 %, IN IMMEDIATE PACKINGS OF <= 2 L, NOT CONCENTRATED NOR CONTAINING ADDED SUGAR OR OTHER SWEETENING MATTER

0401 20 91

MILK AND CREAM OF A FAT CONTENT BY WEIGHT OF > 3 % BUT <= 6 %, IN IMMEDIATE PACKINGS OF <= 2 L, NOT CONCENTRATED NOR CONTAINING ADDED SUGAR OR OTHER SWEETENING MATTER

1001 91 20

(formerly 1001 90 91)

COMMON WHEAT AND MESLIN SEED

42 000

0 %

1001 99 00

(formerly 1001 90 99)

SPELT, COMMON WHEAT AND MESLIN (EXCLUDING SEED)

1005 90 00

MAIZE (EXCL. SEED)

10 000

0 %’


ANNEX II

‘ANNEX IV

Text of the invoice declaration

The invoice declaration, the text of which is given below, must be made out in accordance with the footnotes. However, the footnotes do not have to be reproduced.

Bulgarian version

Износителят на продуктите, обхванати от този документ (митническо разрешение № … (1)) декларира, че освен където ясно е отбелязано друго, тези продукти са с … (2) преференциален произход.

Spanish version

El exportador de los productos incluidos en el presente documento (autorización aduanera no (1)) declara que, salvo indicación en sentido contrario, estos productos gozan de un origen preferencial … (2).

Czech version

Vývozce výrobků uvedených v tomto dokumentu (číslo povolení … (1)) prohlašuje, že kromě zřetelně označených mají tyto výrobky preferenční původ v … (2).

Danish version

Eksportøren af varer, der er omfattet af nærværende dokument, (toldmyndighedernes tilladelse nr. … (1)), erklærer, at varerne, medmindre andet tydeligt er angivet, har præferenceoprindelse i … (2).

German version

Der Ausführer (Ermächtigter Ausführer; Bewilligungs-Nr. … (1)) der Waren, auf die sich dieses Handelspapier bezieht, erklärt, dass diese Waren, soweit nicht anderes angegeben, präferenzbegünstigte … (2) Ursprungswaren sind.

Estonian version

Käesoleva dokumendiga hõlmatud toodete eksportija (tolli kinnitus nr. … (1)) deklareerib, et need tooted on … (2) sooduspäritoluga, välja arvatud juhul, kui on selgelt näidatud teisiti.

Greek version

Ο εξαγωγέας των προϊόντων που καλύπτονται από το παρόν έγγραφο (άδεια τελωνείου υπ'αριθ. … (1)) δηλώνει ότι, εκτός εάν δηλώνεται σαφώς άλλως, τα προϊόντα αυτά είναι προτιμησιακής καταγωγής … (2).

English version

The exporter of the products covered by this document (customs authorization No … (1)) declares that, except where otherwise clearly indicated, these products are of … (2) preferential origin.

French version

L'exportateur des produits couverts par le présent document (autorisation douanière no (1)) déclare que, sauf indication claire du contraire, ces produits ont l'origine préférentielle … (2).

Croatian version

Izvoznik proizvoda obuhvaćenih ovom ispravom (carinsko ovlaštenje br. … (1)) izjavljuje da su, osim ako je drukčije izričito navedeno, ovi proizvodi … (2) preferencijalnog podrijetla.

Italian version

L'esportatore delle merci contemplate nel presente documento (autorizzazione doganale n. … (1)) dichiara che, salvo indicazione contraria, le merci sono di origine preferenziale … (2).

Latvian version

To produktu eksportētājs, kuri ietverti šajā dokumentā (muitas atļauja Nr. … (1)), deklarē, ka, izņemot tur, kur ir citādi skaidri noteikts, šiem produktiem ir preferenciāla izcelsme … (2).

Lithuanian version

Šiame dokumente išvardytų produktų eksportuotojas (muitinės liudijimo Nr. … (1)) deklaruoja, kad, jeigu kitaip nenurodyta, tai yra … (2) preferencinės kilmės produktai.

Hungarian version

A jelen okmányban szereplő áruk exportőre (vámfelhatalmazási szám: … (1)) kijelentem, hogy eltérő egyértelmű jelzés hiányában az áruk preferenciális … (2) származásúak.

Maltese version

L-esportatur tal-prodotti koperti b'dan id-dokument (awtorizzazzjoni tad-dwana nru. … (1)) jiddikjara li, ħlief fejn indikat b'mod ċar li mhux hekk, dawn il-prodotti huma ta' oriġini preferenzjali … (2).

Dutch version

De exporteur van de goederen waarop dit document van toepassing is (douanevergunning nr. … (1)), verklaart dat, behoudens uitdrukkelijke andersluidende vermelding, deze goederen van preferentiële … oorsprong zijn (2).

Polish version

Eksporter produktów objętych tym dokumentem (upoważnienie władz celnych nr … (1)) deklaruje, że z wyjątkiem gdzie jest to wyraźnie określone, produkty te mają … (2) preferencyjne pochodzenie.

Portuguese version

O abaixo-assinado, exportador dos produtos abrangidos pelo presente documento (autorização aduaneira n.o (1)), declara que, salvo indicação expressa em contrário, estes produtos são de origem preferencial … (2).

Romanian version

Exportatorul produselor ce fac obiectul acestui document (autorizația vamală nr. … (1)) declară că, exceptând cazul în care în mod expres este indicat altfel, aceste produse sunt de origine preferențială … (2).

Slovak version

Vývozca výrobkov uvedených v tomto dokumente (číslo povolenia … (1)) vyhlasuje, že okrem zreteľne označených, majú tieto výrobky preferenčný pôvod v … (2).

Slovenian version

Izvoznik blaga, zajetega s tem dokumentom (pooblastilo carinskih organov št. … (1)) izjavlja, da, razen če ni drugače jasno navedeno, ima to blago preferencialno … (2) poreklo.

Finnish version

Tässä asiakirjassa mainittujen tuotteiden viejä (tullin lupa n:o … (1)) ilmoittaa, että nämä tuotteet ovat, ellei toisin ole selvästi merkitty, etuuskohteluun oikeutettuja … alkuperätuotteita (2).

Swedish version

Exportören av de varor som omfattas av detta dokument (tullmyndighetens tillstånd nr. … (1)) försäkrar att dessa varor, om inte annat tydligt markerats, har förmånsberättigande … ursprung (2).

Albanian version

Eksportuesi i produkteve të përfshira në këtë dokument (autorizim doganor Nr. … (1)) deklaron që, përveç rasteve kur tregohet qartësisht ndryshe, këto produkte janë me origjinë preferenciale … (2).

 (3)

(Place and date)

 (4)

(Signature of the exporter. In addition, the name of the person signing the declaration has to be indicated in clear script.)’


(1)  When the invoice declaration is made out by an approved exporter, the authorization number of the approved exporter must be entered in this space. When the invoice declaration is not made out by an approved exporter, the words in brackets shall be omitted or the space left blank.

(2)  Origin of products to be indicated. When the invoice declaration relates, in whole or in part, to products originating in Ceuta and Melilla, the exporter must clearly indicate them in the document on which the declaration is made out by means of the symbol “CM”.

(3)  These indications may be omitted if the information is contained on the document itself.

(4)  In cases where the exporter is not required to sign, the exemption of signature also implies the exemption of the name of the signatory.


4.6.2014   

EN

Official Journal of the European Union

L 165/30


COUNCIL DECISION

of 13 May 2014

on the conclusion on behalf of the European Union and its Member States of the Protocol to the Stabilisation and Association Agreement between the European Communities and their Member States, of the one part, and the Republic of Montenegro, of the other part, to take account of the accession of the Republic of Croatia to the European Union

(2014/321/EU)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union, and in particular Article 217, in conjunction with point (a)(i) of Article 218(6) and the second subparagraph of Article 218(8) thereof,

Having regard to the Act of Accession of Croatia, and in particular the second subparagraph of Article 6(2) thereof,

Having regard to the proposal from the European Commission,

Having regard to the consent of the European Parliament,

Whereas:

(1)

In accordance with Council Decision 2014/172/EU (1), the Protocol to the Stabilisation and Association Agreement between the European Communities and their Member States, of the one part, and the Republic of Montenegro, of the other part, to take account of the accession of the Republic of Croatia to the European Union (‘the Protocol’) has been signed, subject to its conclusion.

(2)

The conclusion of the Protocol is subject to a separate procedure as regards matters falling within the competence of the European Atomic Energy Community.

(3)

The Protocol should be approved,

HAS ADOPTED THIS DECISION:

Article 1

The Protocol to the Stabilisation and Association Agreement between the European Communities and their Member States, of the one part, and the Republic of Montenegro, of the other part, to take account of the accession of the Republic of Croatia to the European Union is hereby approved on behalf of the Union and its Member States (2).

Article 2

The President of the Council is hereby authorised to designate the person(s) empowered to deposit, on behalf of the Union and its Member States, the instrument of approval provided for in Article 11(2) of the Protocol.

Article 3

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

Done at Brussels, 13 May 2014.

For the Council

The President

E. VENIZELOS


(1)  OJ L 93, 28.3.2014, p. 1.

(2)  The text of the Protocol has been published in OJ L 93, 28.3.2014, p. 2, together with the decision on its signature.


REGULATIONS

4.6.2014   

EN

Official Journal of the European Union

L 165/31


COMMISSION IMPLEMENTING REGULATION (EU) No 591/2014

of 3 June 2014

on the extension of the transitional periods related to own funds requirements for exposures to central counterparties in Regulation (EU) No 575/2013 and Regulation (EU) No 648/2012 of the European Parliament and of the Council

(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 575/2013 of the European Parliament and of the Council of 26 June 2013 on prudential requirements for credit institutions and investment firms and amending Regulation (EU) No 648/2012 (1), and in particular Article 497(3) thereof,

Whereas:

(1)

In order to avoid disruption to international financial markets and to prevent penalising institutions by subjecting them to higher own funds requirements during the processes of authorisation and recognition of an existing central counterparty (CCP) as a qualifying central counterparty (QCCP), Article 497(1) and (2) of Regulation (EC) No 575/2013 established a transitional period during which all CCPs with which institutions established in the Union clear transactions will be considered QCCPs.

(2)

Regulation (EU) No 575/2013 also amended Regulation (EU) No 648/2012 of the European Parliament and of the Council (2) in respect of certain inputs to the calculation of institutions' own funds requirements for exposures to CCPs. Accordingly, Article 89(5a) of Regulation (EU) No 648/2012 requires certain CCPs to report, for a limited period of time, the total amount of initial margin they have received from their clearing members. That transitional period mirrors the one laid down in Article 497 of Regulation (EU) No 575/2013.

(3)

The transitional periods in Article 497(1) and (2) of Regulation (EU) No 575/2013 and in the first and second subparagraphs of Article 89(5a) of Regulation (EU) No 648/2012 will expire on 15 June 2014.

(4)

Article 497(3) of Regulation (EU) No 575/2013 empowers the Commission to adopt an implementing act in order to extend the transitional period by six months in exceptional circumstances. That extension should also apply in respect of the time limits laid down in Article 89(5a) of Regulation (EU) No 648/2012.

(5)

Since the authorisation and recognition processes of CCPs are still ongoing, the transitional periods in Article 497(1) and (2) of Regulation (EU) No 575/2013 and in the first and second subparagraphs of Article 89(5a) of Regulation (EU) No 648/2012 should be extended by six months, i.e. until 15 December 2014.

(6)

If an extension of the transitional periods is not granted, institutions established in the Union (or their subsidiaries established outside the Union) would see a significant increase in the own funds requirements for their exposures to those CCPs that have not yet been authorised or recognised, as applicable. While such an increase may only be temporary, it could potentially lead to their withdrawal as direct participants in those CCPs and hence cause disruption in the markets in which those CCPs operate.

(7)

This Regulation should enter into force before 16 June 2014 to ensure that the extension of the existing transitional periods occurs prior to their expiry. A later entry into force could lead to disruption for CCPs, for markets in which they operate and for institutions which have exposures to those CCPs.

(8)

The measures provided for in this Regulation are in accordance with the opinion of the European Banking Committee,

HAS ADOPTED THIS REGULATION:

Article 1

The 15-month periods referred to in Article 497(1) and (2) of Regulation (EU) No 575/2013 and in the first and second subparagraph of Article 89(5a) of Regulation (EU) No 648/2012, respectively, are extended by 6 months.

Article 2

This Regulation shall enter into force on the day following that of its publication in the Official Journal of the European Union.

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

Done at Brussels, 3 June 2014.

For the Commission

The President

José Manuel BARROSO


(1)  OJ L 176, 27.6.2013, p. 1.

(2)  Regulation (EU) No 648/2012 of the European Parliament and of the Council of 4 July 2012 on OTC derivatives, central counterparties and trade repositories (OJ L 201, 27.7.2012, p. 1).


4.6.2014   

EN

Official Journal of the European Union

L 165/33


COMMISSION REGULATION (EU) No 592/2014

of 3 June 2014

amending Regulation (EU) No 142/2011 as regards the use of animal by-products and derived products as a fuel in combustion plants

(Text with EEA relevance)

THE EUROPEAN COMMISSION,

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

Having regard to Regulation (EC) No 1069/2009 of the European Parliament and of the Council of 21 October 2009 laying down health rules as regards animal by-products and derived products not intended for human consumption and repealing Regulation (EC) No 1774/2002 (Animal by-products Regulation) (1), and in particular Article 15(1)(d), Article 15(1)(e), the second subparagraph of Article 15(1), point (h) of the first paragraph of Article 27, point (i) of the first paragraph of Article 27, the second subparagraph of Article 27 and the second subparagraph of Article 45(4) thereof,

Whereas:

(1)

Regulation (EC) No 1069/2009 lays down public and animal health rules for animal by-products and derived products, in order to prevent and minimise risks to public and animal health arising from those products. It categorises those products into specific categories which reflect the level of such risks and provides for requirements on their safe use and disposal.

(2)

Commission Regulation (EU) No 142/2011 (2) lays down implementing rules for Regulation (EC) No 1069/2009, including rules on the use and disposal of manure.

(3)

Poultry manure is produced as an integral part of on-farm breeding and rearing of poultry which can be used onsite without prior treatment as fuel for combustion, provided relevant environmental and health protection requirements are complied with and the specific use will not cause adverse environmental or human health impacts.

(4)

Combustion plants using poultry manure as fuel are to take the necessary hygiene measures to prevent spread of possible pathogens. Those measures must also include the handling of waste water originated from storage place of poultry manure.

(5)

Residues from the combustion of poultry manure, primarily ashes, are a rich source of minerals that may be harvested for the production of mineral fertilisers and the Commission is currently developing Union legislation for such residues. It is therefore appropriate to provide for the possibility to make use of the combustion residues rather than to dispose of them as waste.

(6)

At this stage, the Commission has only been provided with comprehensive evidence whereby technology has been developed to use poultry manure as fuel for combustion on farms without adverse effects on the environment and or human health. In the case that evidence becomes available to the Commission concluding that the use of manure of other species as fuel for combustion could be carried out by ensuring an equivalent level of health and environmental protection, the relevant provisions of the Regulation (EU) No 142/2011 may be reviewed accordingly.

(7)

In order to ensure the lawfulness of the further use of poultry manure as a fuel in combustion plants, additional environmental and health protection requirements for this specific use should be laid down in order to prevent adverse environmental or human health impacts.

(8)

Harmonised requirements addressing, in a holistic way, the control of risks for human and animal health and the environment arising from the use of manure as a fuel in on-farm combustion plants would also facilitate the development of technologies for combustion plants using poultry manure on-farm as a sustainable source of fuel.

(9)

It is therefore opportune to amend Article 6 of Regulation (EU) No 142/2011 in order to provide additional requirements for the use of animal by-products and derived products as a fuel in combustion plants.

(10)

Compliance by the operators with certain environmental standards referred to in this Regulation should be verified by or on behalf of the competent authority.

(11)

The processing standards as described in point F of Section 2 of Chapter IV of Annex IV to Regulation (EU) No 142/2011 for thermal boilers have been approved as alternative method in accordance with Article 20 of Regulation (EC) No 1069/2009. It is possible to apply those standards, with the necessary adaptations, also to the combustion of animal fats as fuel in stationary internal combustion engines.

(12)

Annex III to Regulation (EU) No 142/2011 should therefore be amended accordingly.

(13)

For the application of this Regulation it is necessary to introduce requirements for official controls regarding the combustion of animal fats and poultry manure as a fuel. Annex XVI to Regulation (EU) No 142/2011 should therefore be amended accordingly.

(14)

The measures provided for in this Regulation are in accordance with the opinion of the Standing Committee on the Food Chain and Animal Health, and neither the European Parliament nor the Council has opposed them,

HAS ADOPTED THIS REGULATION:

Article 1

Regulation (EU) No 142/2011 is amended as follows:

(1)

Article 6 is amended as follows:

(a)

the title of Article 6 is replaced by the following:

‘Article 6

Disposal by incineration, disposal or recovery by co-incineration and use as a fuel for combustion’

(b)

the following paragraphs are added:

‘6.   Operators shall ensure that combustion plants other than those referred to in Section 2 of Chapter IV of Annex IV, under their control in which animal by-products or derived products are used as a fuel, comply with the general conditions and specific requirements set out in Chapters IV and V of Annex III respectively and are approved by the competent authority in accordance with Article 24(1)(d) of Regulation (EC) No 1069/2009.

7.   The competent authority shall only approve combustion plants referred to in paragraph 6 for the use of animal by-products and derived products as fuel for combustion, provided that:

(a)

the combustion plants fall within the scope of Chapter V of Annex III hereto;

(b)

the combustion plants comply with all the relevant general conditions and specific requirements set out in Chapters IV and V of Annex III hereto;

(c)

administrative procedures are in place to ensure that the requirements for the approval of the combustion plants are checked annually.

8.   For the use of poultry manure as a fuel for combustion as set out in Chapter V of Annex III, the following rules shall apply in addition to those referred to in paragraph 7 of this Article:

(a)

the application for approval that is submitted by the operator to the competent authority in accordance with Article 24(1)(d) of Regulation (EC) No 1069/2009 must contain evidence certified by the competent authority or by a professional organisation authorised by the competent authorities of the Member State, that the combustion plant in which the poultry manure is used as a fuel fully meets the emission limit values and monitoring requirements set out in point 4 of Section B of Chapter V of Annex III hereto;

(b)

the procedure for approval provided for in Article 44 of Regulation (EC) No 1069/2009 shall not be completed until at least two consecutive checks, one of them unannounced, have been carried out by the competent authority or by a professional organisation authorised by that authority, during the first six months of the operating of the combustion plant, including the necessary temperature and emission measurements. After the results of those checks showed compliance with the parameters set out in point 4 of Section B of Chapter V of Annex III hereto, full approval can be granted.’

(2)

Annexes III and XVI are amended in accordance with the Annex to this Regulation.

Article 2

For a transitional period of two years after the date referred to in the first paragraph of Article 3, Member States may allow the operation of combustion plants using rendered fats or poultry manure as a fuel that have been approved under national legislation.

Article 3

This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.

It shall apply from 15 July 2014.

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

Done at Brussels, 3 June 2014.

For the Commission

The President

José Manuel BARROSO


(1)  OJ L 300, 14.11.2009, p. 1.

(2)  Commission Regulation (EU) No 142/2011 of 25 February 2011 implementing Regulation (EC) No 1069/2009 of the European Parliament and of the Council laying down health rules as regards animal by-products and derived products not intended for human consumption and implementing Council Directive 97/78/EC as regards certain samples and items exempt from veterinary checks at the border under that Directive (OJ L 54, 26.2.2011, p. 1).


ANNEX

Annexes III and XVI to Regulation (EU) No 142/2011 are amended as follows:

(1)

Annex III is amended as follows:

(a)

the title of Annex III is replaced by the following:

‘ANNEX III

DISPOSAL, RECOVERY AND USE AS A FUEL’

(b)

the following Chapters IV and V are added:

‘CHAPTER IV

GENERAL REQUIREMENTS FOR THE USE OF ANIMAL BY-PRODUCTS AND DERIVED PRODUCTS AS A FUEL

Section 1

General requirements regarding the combustion of animal by-products and derived products as a fuel

1.

Operators of combustion plants referred to in Article 6(6) shall ensure that the following conditions are met in the combustion plants under their control:

(a)

Animal by-products and derived products intended to be used as a fuel must be utilised for that purpose as soon as possible or safely stored until used.

(b)

The combustion plants must have in place appropriate measures to ensure that cleaning and disinfection of containers and vehicles are carried out in a designated area of their premises from which the wastewater can be collected and disposed of in accordance with Union legislation, to avoid risks of contamination of the environment.

By way of derogation from the requirements set out in the first subparagraph, containers and vehicles used for the transport of rendered fats may be cleaned and disinfected at the plant of loading or at any other plant approved or registered under Regulation (EC) No 1069/2009.

(c)

The combustion plants must be located on a well-drained hard standing.

(d)

The combustion plants must have appropriate measures in place for the protection against pests. A documented pest control programme must be used for that purpose.

(e)

Staff must have access to adequate facilities for personal hygiene such as lavatories, changing rooms and washbasins, if necessary, to prevent risks of contamination of equipment for handling of farmed animals or their feedstuffs.

(f)

Cleaning and disinfection procedures, must be established and documented for all parts of the combustion plant. Suitable equipment and cleaning agents must be provided for cleaning.

(g)

Hygiene control must include regular inspections of the environment and equipment. Inspection schedules and results must be documented and retained for a period of at least two years.

(h)

Where rendered fats are used as a fuel for combustion in stationary internal combustion engines located within approved or registered food or feed processing plants, the processing of food or feed on the same site must take place under strict conditions of separation.

2.

Operators of the combustion plants shall take all necessary precautions concerning the reception of animal by-products or derived products to prevent or limit as far as practicable, risks to human or animal health and the environment.

3.

Animals must not have access to the combustion plant or to the animal by-products and derived products awaiting combustion or the ash resulting from the combustion.

4.

Where the combustion plant is located on a holding keeping animals of food producing species:

(a)

there must be total physical separation between the combustion equipment and the animals including their feed and bedding;

(b)

equipment must be dedicated entirely to the operation of the combustion plant and not used elsewhere on the holding unless it had been effectively cleaned and disinfected before such use;

(c)

personnel working in the combustion plant must change their outer clothing and footwear and take personal hygiene measures before handling animals on this or any other holding or their feed or bedding material.

5.

The animal by-products and derived products that are awaiting combustion as a fuel and the combustion residues must be stored in a closed and covered dedicated area, or in covered and leak-proof containers.

6.

The combustion of animal by-products or derived products shall be carried out under conditions which prevent cross-contamination of feed for animals.

Section 2

Operating conditions of combustion plants

1.

Combustion plants must be designed, built, equipped and operated in such a way that even under the most unfavourable conditions the animal by-products and derived products are treated for at least for 2 seconds at a temperature of 850 °C or for at least 0,2 seconds at a temperature of 1 100 °C.

2.

The gas resulting from the process is raised in a controlled and homogeneous fashion for 2 seconds to a temperature of 850 °C or for 0,2 seconds to a temperature of 1 100 °C.

The temperature must be measured near the inner wall or at another representative point of the combustion chamber, as authorised by the competent authority.

3.

Automated techniques shall be used to monitor the parameters and conditions relevant to the combustion process.

4.

Temperature measurement results shall be recorded automatically and presented in an appropriate fashion to enable the competent authority to verify compliance with the permitted operating conditions referred to in points 1 and 2 in accordance with procedures to be decided upon by the relevant authority.

5.

The operator of a combustion plant shall ensure that the fuel is combusted in such a way that the total organic carbon content of the slags and bottom ashes is less than 3 % or their loss on ignition is less than 5 % of the dry weight of the material.

Section 3

Combustion residues

1.

Combustion residues shall be minimised in their amount and harmfulness. Such residues must be recovered, or where it is not appropriate, disposed of or used in accordance with relevant Union legislation.

2.

The transport and intermediate storage of dry residues, including dust, shall take place in closed containers or in another way which prevents dispersal into the environment.

Section 4

Breakdown or abnormal operating conditions

1.

The combustion plant shall be equipped with facilities which automatically shut down operations in the case of a breakdown or abnormal operating conditions until normal operations can be resumed.

2.

Incompletely combusted animal by-products and derived products must be combusted again or disposed of by means referred to in Articles 12, 13 and 14 of Regulation (EC) No 1069/2009 other than disposal in an authorised landfill.

CHAPTER V

TYPES OF PLANTS AND FUELS THAT MAY BE USED FOR COMBUSTION AND SPECIFIC REQUIREMENTS FOR PARTICULAR TYPES OF PLANTS

A.   Stationary internal combustion engines

1.

Starting material:

For this process, a fat fraction derived from animal by-products of all categories may be used provided it meets the following conditions:

(a)

unless fish oil or rendered fat is used which has been produced in accordance with Section VIII or XII of Annex III to Regulation (EC) No 853/2004, respectively, the fat fraction derived from animal by-products must first be processed using:

(i)

in the case of a fat fraction of Category 1 and 2 materials, any of the processing methods 1 to 5 as set out in Chapter III of Annex IV.

Where this fat is moved by a closed conveyer system, which may not be by-passed, and provided such a system has been authorised by the competent authority, from the processing plant for immediate direct combustion the permanent marking with glyceroltriheptanoate (GTH) referred to in point 1 of Chapter V of Annex VIII shall not be required;

(ii)

in the case of a fat fraction of Category 3 material, any of the processing methods 1 to 5 or processing method 7 as set out in Chapter III of Annex IV;

(iii)

in the case of the materials derived from fish, any of the processing methods 1 to 7 as set out in Chapter III of Annex IV;

(b)

the fat fraction must be separated from the protein and in the case of fat from ruminant origin which is intended to be combusted in another plant, insoluble impurities in excess of 0,15 % by weight must be removed.

2.

Methodology:

Combustion of animal fat as a fuel in a stationary internal combustion engine shall be carried out as follows:

(a)

the fat fractions referred to in points 1(a) and (b) must be combusted:

(i)

under the conditions laid down in Section 2(1) of Chapter IV; or

(ii)

using process parameters achieving an equivalent outcome as the conditions under (i) and which are authorised by the competent authority;

(b)

the combustion of material of animal origin other than animal fat must not be permitted;

(c)

the animal fat derived from Category 1 or Category 2 combusted in premises approved or registered in accordance with Regulations (EC) No 852/2004, (EC) No 853/2004, 183/2005, or in public places must have been processed with processing method 1 as set out in Chapter III of Annex IV;

(d)

the combustion of animal fat must be carried out in accordance with Union legislation for the protection of the environment, in particular, with reference to the standards and requirements of that legislation and the requirements regarding best available techniques for the control and monitoring of emissions.

3.

Operating conditions:

By way of derogation from the requirements set out in the first paragraph of point 2 of Section 2 of Chapter IV, requirements based on other process parameters, which ensure an equivalent environmental outcome may be authorised by the competent authority responsible for environmental issues.

B.   On-farm combustion plants in which poultry manure is used as a fuel

1.

Type of plant:

On-farm combustion plant with a total rated thermal input not exceeding 5 MW.

2.

Starting material and scope:

Exclusively unprocessed poultry manure, as referred to in Article 9(a) of Regulation (EC) No 1069/2009, to be used as a fuel for combustion in accordance with the requirements set out in point 3 to 5.

The combustion of other animal by-products or derived products and of manure of other species or generated outside the holding shall not be allowed for use as a fuel in on-farm combustion plants referred to in point 1.

3.

Specific requirements for poultry manure used as a fuel for combustion:

(a)

The manure shall be stored securely in a closed storage area to minimise the need for further handling and to prevent cross contamination with other areas on a holding keeping animals of food producing species.

(b)

The on-farm combustion plant must be equipped with:

(i)

an automatic fuel management system to place the fuel directly in the combustion chamber without further handling;

(ii)

an auxiliary burner which must be used during start-up and shut-down operations to ensure that the temperature requirements set out in Section 2(2) of Chapter IV are met at all times during those operations and as long as unburned material is in the combustion chamber.

4.

Emission limit values and monitoring requirements:

(a)

The emissions of sulphur dioxide, nitrogen oxides (namely the sum of nitrogen monoxide and nitrogen dioxide, expressed as nitrogen dioxide) and particulate matter shall not exceed the following emission limit values, expressed in mg/Nm3 at a temperature of 273,15 K, a pressure of 101,3 kPa and an oxygen content of 11 per cent, after correction for the water vapour content of the waste gases:

Pollutant

Emission limit value in mg/Nm3

Sulphur dioxide

50

Nitrogen oxides (as NO2)

200

Particulate matter

10

(b)

The operator of the on-farm combustion plant shall carry out at least annual measurements of sulphur dioxide, nitrogen oxides and particulate matter.

As an alternative to the measurements referred to in the first subparagraph, other procedures, verified and approved by the competent authority, may be used to determine the emissions of sulphur dioxide.

Monitoring shall be carried out by or on behalf of the operator in accordance with CEN standards. Where CEN standards are not available, ISO, national or other international standards which ensure the provision of data of an equivalent scientific quality shall apply.

(c)

All results shall be recorded, processed and presented in such a way as to enable the competent authority to verify compliance with the emission limit values.

(d)

For on-farm combustion plants applying secondary abatement equipment in order to meet the emission limit values, the effective operation of that equipment shall be monitored continuously and the results thereof recorded.

(e)

In the event of non-compliance with the emission limit values referred to in point (a) or where an on-farm combustion plant does not meet the requirements of point 1 of Section 2 of Chapter IV, operators shall immediately inform the competent authority and take the measures necessary to ensure that compliance is restored within the shortest possible time. Where compliance cannot be restored, the competent authority shall suspend the operation of the plant and withdraw its approval.

5.

Changes of operation and breakdowns:

(a)

The operator shall notify the competent authority of any planned change of the on-farm combustion plant which would affect its emissions at least one month before the date on which the change takes place.

(b)

The operator shall take the necessary measures to ensure that the periods of start-up and shut-down of the on-farm combustion plant and of any malfunctions are kept as short as possible. In the case of a malfunction or a breakdown of secondary abatement equipment, the operator shall immediately inform the competent authority.’;

(2)

in Annex XVI, Chapter III, the following Section is added:

‘Section 12

Official controls regarding approved plants for the combustion of animal fat and poultry manure as a fuel

The competent authority shall carry out documentary checks in approved plants for combustion of animal fat and poultry manure as a fuel referred to in Chapter V of Annex III in accordance with the procedures referred to in Article 6(7) and (8).’


4.6.2014   

EN

Official Journal of the European Union

L 165/41


COMMISSION IMPLEMENTING REGULATION (EU) No 593/2014

of 3 June 2014

laying down implementing technical standards with regard to the format of the notification according to Article 16(1) of Regulation (EU) No 345/2013 of the European Parliament and of the Council on European venture capital funds

(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 345/2013 of the European Parliament and of the Council of 17 April 2013 on European venture capital funds (1),and in particular Article 16(5) thereof,

Whereas:

(1)

Article 16(1) of Regulation (EU) No 345/2013 requires the competent authority of the home Member State of a European venture capital fund (EuVECA) to notify the competent authorities of the host Member States and the European Securities and Markets Authority (ESMA) of events related to the passport of the managers of qualifying venture capital funds. Article 21(3) of Regulation (EU) No 345/2013 also requires the competent authority of the home Member State to inform the competent authorities of the host Member States of the removal of a manager of a EuVECA from the register.

(2)

Taking into account that a dedicated IT tool for that notification has not yet been developed by ESMA, the use of e-mail is the most appropriate format for this type of notification among competent authorities and to ESMA. Therefore, a list of relevant e-mail addresses should be established by ESMA and made known to all competent authorities.

(3)

This Regulation is based on the draft implementing technical standards submitted by ESMA to the Commission.

(4)

Given the limited scope and impact of the format for notification and taking into account that only competent authorities are to use the specific form established, ESMA did not conduct public consultations relating to introducing this format notification. ESMA requested the opinion of the ESMA Securities and Markets Stakeholder Group established in accordance with Article 37 of Regulation (EU) No 1095/2010 of the European Parliament and of the Council (2),

HAS ADOPTED THIS REGULATION:

Article 1

Subject matter

This Regulation determines the format for notification among competent authorities and to ESMA of the supervisory information relating to the events provided for in Articles 16(1) and 21(3) of Regulation (EU) No 345/2013.

Article 2

Format of the notification

The competent authority of the home Member State of a European venture capital fund shall notify by e-mail the competent authorities of the host Member States and ESMA of the events set out in Articles 16(1) and 21(3) of Regulation (EU) No 345/2013, by filling in the form set out in the Annex to this Regulation.

Article 3

List of e-mail addresses

Each competent authority shall communicate to ESMA the relevant e-mail address for notification of supervisory information.

ESMA shall make known to all competent authorities the list of relevant e-mail addresses, including the relevant e-mail address of ESMA.

Article 4

Entry into force

This Regulation shall enter into force on the third day following that of its publication in the Official Journal of the European Union.

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

Done at Brussels, 3 June 2014.

For the Commission

The President

José Manuel BARROSO


(1)  OJ L 115, 25.4.2013, p. 1.

(2)  Regulation (EU) No 1095/2010 of the European Parliament and of the Council of 24 November 2010 establishing a European Supervisory Authority (European Securities and Markets Authority) (OJ L 331, 15.12.2010, p. 84).


ANNEX

Notification of registration of a European venture capital fund (EuVECA) manager or update of information already notified

Image


4.6.2014   

EN

Official Journal of the European Union

L 165/44


COMMISSION IMPLEMENTING REGULATION (EU) No 594/2014

of 3 June 2014

laying down implementing technical standards with regard to the format of the notification according to Article 17(1) of Regulation (EU) No 346/2013 of the European Parliament and of the Council on European social entrepreneurship funds

(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 346/2013 of the European Parliament and of the Council of 17 April 2013 on European social entrepreneurship funds (1), and in particular Article 17(5) thereof,

Whereas:

(1)

Article 17(1) of Regulation (EU) No 346/2013 requires the competent authority of the home Member State of a European social entrepreneurship fund (EuSEF) to notify host Member States and the European Securities and Markets Authority (ESMA) of events related to the passport of the managers of qualified social entrepreneurship funds. Article 22(3) of that Regulation also requires the competent authority of the home Member State inform the competent authorities of the host Member States of the removal of a manager of a EuSEF from the register.

(2)

Taking into account that a dedicated IT tool for that notification has not yet been developed by ESMA, the use of e-mail is the most appropriate format for this type of notification among competent authorities and to ESMA. Therefore, a list of relevant e-mail addresses should be established by ESMA and made known to all competent authorities.

(3)

This Regulation is based on draft implementing technical standards submitted by ESMA to the Commission.

(4)

Given the limited scope and impact of the format for notification and taking into account that only competent authorities are to use the specific form established, ESMA did not conduct public consultations relating to introducing this format notification. ESMA requested the opinion of the ESMA Securities and Markets Stakeholder Group established in accordance with Article 37 of Regulation (EU) No 1095/2010 of the European Parliament and of the Council (2),

HAS ADOPTED THIS REGULATION:

Article 1

Subject matter

This Regulation determines the format for notification among competent authorities and to ESMA of the supervisory information relating to the events provided for in Articles 17(1) and 22(3) of Regulation (EU) No 346/2013.

Article 2

Format of the notification

The competent authority of the home Member State of a European social entrepreneurship fund shall notify by e-mail the competent authorities of the host Member States and ESMA of the events set out in Articles 17(1) and 22(3) of Regulation (EU) No 346/2013 by filling in the form set out in the Annex to this Regulation.

Article 3

List of e-mail addresses

Each competent authority shall communicate to ESMA the relevant e-mail address for notification of supervisory information.

ESMA shall make known to all competent authorities the list of relevant e-mail addresses, including the relevant e-mail address of ESMA.

Article 4

Entry into force

This Regulation shall enter into force on the third day following that of its publication in the Official Journal of the European Union.

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

Done at Brussels, 3 June 2014.

For the Commission

The President

José Manuel BARROSO


(1)  OJ L 115, 25.4.2013, p. 18.

(2)  Regulation (EU) No 1095/2010 of the European Parliament and of the Council of 24 November 2010 establishing a European Supervisory Authority (European Securities and Markets Authority) (OJ L 331, 15.12.2010, p. 84).


ANNEX

Notification of registration of a European social entrepreneurship funds (EuSEF) manager or update of information already notified

Image


4.6.2014   

EN

Official Journal of the European Union

L 165/47


COMMISSION IMPLEMENTING REGULATION (EU) No 595/2014

of 3 June 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, 3 June 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

MK

77,0

TR

62,5

ZZ

69,8

0707 00 05

AL

25,2

MK

39,8

TR

119,2

ZZ

61,4

0709 93 10

TR

112,1

ZZ

112,1

0805 50 10

TR

121,8

ZA

122,4

ZZ

122,1

0808 10 80

AR

104,5

BR

95,8

CL

97,0

CN

98,5

NZ

135,3

US

142,6

UY

70,3

ZA

139,5

ZZ

110,4

0809 10 00

TR

178,3

ZZ

178,3

0809 29 00

TR

387,8

ZZ

387,8


(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’.


DECISIONS

4.6.2014   

EN

Official Journal of the European Union

L 165/49


COUNCIL DECISION

of 6 May 2014

on guidelines for the employment policies of the Member States for 2014

(2014/322/EU)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union, and in particular Article 148(2) thereof,

Having regard to the proposal from the European Commission,

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

Having regard to the opinion of the European Economic and Social Committee (2),

After consulting the Committee of the Regions,

Having regard to the opinion of the Employment Committee,

Whereas:

(1)

Article 145 of the Treaty on the Functioning of the European Union (TFEU) provides that Member States and the Union are to work towards developing a coordinated strategy for employment and particularly for promoting a skilled, trained and adaptable workforce and labour markets responsive to economic change with a view to achieving the objectives defined in Article 3 of the Treaty on European Union.

(2)

The Europe 2020 strategy proposed by the Commission enables the Union to turn its economy towards smart, sustainable and inclusive growth, accompanied by a high level of employment, productivity and social cohesion. On 13 July 2010, the Council adopted its Recommendation on broad guidelines for the economic policies of the Member States and of the Union (3). Furthermore, on 21 October 2010, the Council adopted its Decision 2010/707/EU (4) (‘employment guidelines’). Those sets of guidelines form the integrated guidelines for implementing the Europe 2020 strategy (‘integrated guidelines’). Five headline targets, listed under the relevant integrated guidelines, constitute shared objectives which guide the action of the Member States, taking into account their relative starting positions and national circumstances as well as the positions and circumstances of the Union. The European Employment Strategy has the leading role in the implementation of the employment and labour market objectives of the Europe 2020 strategy.

(3)

The integrated guidelines are in line with the conclusions of the European Council of 17 June 2010. They give precise guidance to the Member States on defining their national reform programmes and on implementing reforms. The employment guidelines should form the basis for any country-specific recommendations that the Council may address to the Member States under Article 148(4) TFEU, in parallel with the country-specific recommendations addressed to the Member States under Article 121(2) TFEU. The employment guidelines should also form the basis for the establishment of the Joint Employment Report sent annually by the Council and the Commission to the European Council.

(4)

The examination of the Member States' national reform programmes, contained in the Joint Employment Report adopted by the Council on 28 February 2013, shows that Member States should continue to make every effort to address the following priorities: increasing labour market participation and reducing structural unemployment, developing a skilled workforce responding to labour market needs and promoting job quality and lifelong learning, improving the performance of education and training systems at all levels and increasing participation in tertiary education, promoting social inclusion and combating poverty.

(5)

The employment guidelines should remain stable until the end of 2014 to ensure a focus on their implementation. Until the end of 2014, any updating of the employment guidelines should remain strictly limited. In 2011, 2012 and 2013 the employment guidelines were maintained. They should be maintained for 2014,

HAS ADOPTED THIS DECISION:

Article 1

The guidelines for the employment policies of the Member States, as set out in the Annex to Decision 2010/707/EU, are maintained for 2014 and shall be taken into account by the Member States in their employment policies.

Article 2

This Decision is addressed to the Member States.

Done at Brussels, 6 May 2014.

For the Council

The President

G. STOURNARAS


(1)  Opinion of 26 February 2014 (not yet published in the Official Journal).

(2)  Opinion of 21 January 2014 (not yet published in the Official Journal).

(3)  OJ L 191, 23.7.2010, p. 28.

(4)  Council Decision 2010/707/EU of 21 October 2010 on guidelines for the employment policies of the Member States (OJ L 308, 24.11.2010, p. 46).


4.6.2014   

EN

Official Journal of the European Union

L 165/51


COUNCIL DECISION

of 19 May 2014

repealing Decision 2010/371/EU concerning the conclusion of consultations with the Republic of Madagascar under Article 96 of the ACP-EU Partnership Agreement

(2014/323/EU)

THE COUNCIL OF THE EUROPEAN UNION,

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

Having regard to the Partnership Agreement between the members of the African, Caribbean and Pacific Group of States of the one part, and the European Community and its Member States, of the other part, signed in Cotonou on 23 June 2000 (1), as revised in Luxembourg on 25 June 2005 (2) and in Ouagadougou, on 22 June 2010 (3), hereinafter referred to as ‘the ACP-EU Partnership Agreement’, and in particular Article 96 thereof,

Having regard to the Internal Agreement between the representatives of the governments of the Member States, meeting within the Council, on measures to be taken and procedures to be followed for the implementation of the ACP-EC Partnership Agreement (4), and in particular Article 3 thereof,

Having regard to the proposal from the European Commission,

In agreement with the High Representative of the Union for Foreign Affairs and Security Policy,

Whereas:

(1)

Council Decision 2010/371/EU (5) was adopted in order to implement appropriate measures in response to the violation of the essential elements referred to in Article 9 of the Agreement.

(2)

Those measures were extended until 6 December 2011 by Council Decision 2011/324/EU (6), and were amended and extended until 5 December 2012 by Council Decision 2011/808/EU (7). On 3 December 2012, those measures were extended by Council Decision 2012/749/EU (8)until the Council decides, on the basis of a proposal made by the Commission, that credible elections have taken place and that constitutional order has returned to Madagascar.

(3)

Presidential and general elections were held in Madagascar on 25 October and 20 December 2013, respectively, and the results were officially announced on 17 January and 6 February 2014, respectively, and the newly elected institutions have been inaugurated, confirming Madagascar's return to constitutional rule. On 7 February 2014, the High Representative of the Union for Foreign Affairs and Security Policy welcomed, and expressed satisfaction with, the conduct of the elections.

(4)

The conditions set out in the Annex to Decision 2011/808/EU, including the holding of credible parliamentary and presidential elections, the proclamation of the official results and the inauguration of the newly elected institutions, confirming Madagascar's return to constitutional order, have been met. Decision 2010/371/EU should therefore be repealed,

HAS ADOPTED THIS DECISION:

Article 1

Council Decision 2010/371/EU is hereby repealed.

Article 2

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

Done at Brussels, 19 May 2014.

For the Council

The President

C. ASHTON


(1)  OJ L 317, 15.12.2000, p. 3.

(2)  Agreement amending the Partnership Agreement between the members of the African, Caribbean and Pacific Group of States, of the one part, and the European Community and its Member States, of the other part, signed in Cotonou on 23 June 2000 (OJ L 209, 11.8.2005, p. 27).

(3)  Agreement amending for the second time the Partnership Agreement between the members of the African, Caribbean and Pacific Group of States, of the one part, and the European Community and its Member States, of the other part, signed in Cotonou on 23 June 2000, as first amended in Luxembourg on 25 June 2005 (OJ L 287, 4.11.2010, p. 3).

(4)  OJ L 317, 15.12.2000, p. 376.

(5)  Council Decision 2010/371/EU of 7 June 2010 concerning the conclusion of consultations with the Republic of Madagascar under Article 96 of the ACP-EU Partnership Agreement (OJ L 169, 3.7.2010, p. 13).

(6)  Council Decision 2011/324/EU of 30 May 2011 extending Decision 2010/371/EU concerning the conclusion of the consultation procedure with the Republic of Madagascar pursuant to Article 96 of the ACP-EU Partnership Agreement (OJ L 146, 1.6.2011, p. 2).

(7)  Council Decision 2011/808/EU of 5 December 2011 amending and extending the application period of Decision 2010/371/EU concerning the conclusion of consultations with the Republic of Madagascar under Article 96 of the ACP-EC Partnership Agreement (OJ L 324, 7.12.2011, p. 1).

(8)  Council Decision 2012/749/EU of 3 December 2012 extending the application period of Decision 2010/371/EU concerning the conclusion of the consultation procedure with the Republic of Madagascar under Article 96 of the ACP-EU Partnership Agreement (OJ L 333, 5.12.2012, p. 46).


4.6.2014   

EN

Official Journal of the European Union

L 165/53


COMMISSION IMPLEMENTING DECISION

of 3 June 2014

on recognition of the ‘Gafta Trade Assurance Scheme’ for demonstrating compliance with the sustainability criteria under Directives 2009/28/EC and 98/70/EC of the European Parliament and of the Council

(2014/324/EU)

THE EUROPEAN COMMISSION,

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

Having regard to Directive 2009/28/EC of the European Parliament and of the Council of 23 April 2009 on the promotion of the use of energy from renewable sources and amending and subsequently repealing Directives 2001/77/EC and 2003/30/EC (1), and in particular Article 18(6) thereof,

Having regard to Directive 98/70/EC of the European Parliament and of the Council of 13 October 1998 relating to the quality of petrol and diesel fuels and amending Council Directive 93/12/EEC (2), and in particular Article 7c(6) thereof,

After consulting the Committee on the Sustainability of Biofuels and Bioliquids,

Whereas:

(1)

Directives 98/70/EC and 2009/28/EC lay down sustainability criteria for biofuels. Articles 7b and 7c and Annex IV to Directive 98/70/EC are similar to Articles 17 and 18 and Annex V to Directive 2009/28/EC.

(2)

Where biofuels and bioliquids are to be taken into account for the purposes referred to in Article 17(1)(a), (b) and (c) of Directive 2009/28/EC Member States should require economic operators to show the compliance of biofuels and bioliquids with the sustainability criteria set out in Article 17(2) to (5) of Directive 2009/28/EC.

(3)

When an economic operator provides proof or data obtained in accordance with a voluntary scheme that has been recognised by the Commission, to the extent covered by the recognition decision, a Member State should not require the supplier to provide further evidence of compliance with the sustainability criteria.

(4)

The request to recognise that the ‘Gafta Trade Assurance Scheme’ that has been amended with a RED addendum demonstrates that consignments of biofuel comply with the sustainability criteria set out in Directive 98/70/EC and Directive 2009/28/EC was submitted to the Commission on 18 February 2014. The scheme can cover all feedstocks suitable for biofuel production and has a global scope. This scheme covers the trading, transport and storage stages of agricultural feedstock from farm gate to first processor and, for the other stages, relies on other voluntary schemes recognised by the Commission. As such, it is the responsibility of the ‘Gafta Trade Assurance Scheme’ to ensure that the recognition issued by the Commission on those schemes with which it jointly operates remains valid during the length of cooperation. The recognised scheme should be made available at the transparency platform established under Directive 2009/28/EC.

(5)

Assessment of the ‘Gafta Trade Assurance Scheme’ including the ‘RED addendum’ found it to cover adequately all the sustainability criteria of Directive 98/70/EC and of Directive 2009/28/EC, except Article 7b(2) of Directive 98/70/EC and Article 17(2) of Directive 2009/28/EC. It does, however, provide accurate data on elements that are required by economic operators downstream the chain of custody to demonstrate compliance with Article 7b(2) of Directive 98/70/EC and Article 17(2) of Directive 2009/28/EC and applies a mass balance methodology in line with the requirements of Article 7c(1) of Directive 98/70/EC and Article 18(1) of Directive 2009/28/EC.

(6)

The evaluation of the ‘Gafta Trade Assurance Scheme’ including the ‘RED addendum’ found that it meets adequate standards of reliability, transparency and independent auditing.

(7)

The ‘Gafta Trade Assurance Scheme’ including the ‘RED addendum’ was assessed against legislation in force at the time of the adoption of this Commission Implementing Decision. In the case of relevant changes in the legal basis the Commission will assess the scheme with a view to establish whether the scheme still adequately covers the sustainability criteria for which it is recognised.

(8)

In the case of changes in the scheme the Commission will assess the scheme with a view to establish whether the scheme is still adequately covering the sustainability criteria for which it is recognised.

(9)

The measures provided for in this Decision are in accordance with the opinion of the Committee on the Sustainability of Biofuels and Bioliquids,

HAS ADOPTED THIS DECISION:

Article 1

The ‘Gafta Trade Assurance Scheme’ including the ‘RED addendum’ (hereinafter ‘the scheme’), submitted for recognition to the Commission 18 February 2014, demonstrates that consignments of biofuels comply with the sustainability criteria as laid down in Article 17(3), (4) and (5) of Directive 2009/28/EC and Article 7b(3), (4) and (5) of Directive 98/70/EC.

The scheme does not cover Article 7b(2) of Directive 98/70/EC and Article 17(2) of Directive 2009/28/EC but uses accurate data for purposes of Article 17(2) of Directive 2009/28/EC and Article 7b(2) of Directive 98/70/EC in as far as it ensures that all relevant information from economic operators upstream the chain of custody is transferred to the economic operators downstream the chain of custody.

The scheme may be used for demonstrating compliance with Article 7c(1) of Directive 98/70/EC and Article 18(1) of Directive 2009/28/EC up to the first processor of the raw materials.

Article 2

If the scheme, after adoption of this Decision, undergoes changes to its contents in a way that might affect the basis of this Decision, such changes shall be notified to the Commission without delay. The Commission shall assess the notified changes with a view to establish whether the scheme is still adequately covering the sustainability criteria for which it is recognised.

If it has been clearly demonstrated that the scheme has not implemented elements considered to be decisive for this Decision and if severe and structural breach of those elements has taken place, the Commission may repeal this Decision.

Article 3

This Decision is valid for a period of five years.

Article 4

This Decision shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.

Done at Brussels, 3 June 2014.

For the Commission

The President

José Manuel BARROSO


(1)  OJ L 140, 5.6.2009, p. 16.

(2)  OJ L 350, 28.12.1998, p. 58.


4.6.2014   

EN

Official Journal of the European Union

L 165/56


COMMISSION IMPLEMENTING DECISION

of 3 June 2014

on recognition of the ‘KZR INiG System’ for demonstrating compliance with the sustainability criteria under Directives 98/70/EC and 2009/28/EC of the European Parliament and of the Council

(2014/325/EU)

THE EUROPEAN COMMISSION,

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

Having regard to Directive 2009/28/EC of the European Parliament and of the Council of 23 April 2009 on the promotion of the use of energy from renewable sources and amending and subsequently repealing Directives 2001/77/EC and 2003/30/EC (1), and in particular Article 18(6) thereof,

Having regard to Directive 98/70/EC of the European Parliament and of the Council of 13 October 1998 relating to the quality of petrol and diesel fuels and amending Council Directive 93/12/EEC (2), and in particular Article 7c(6) thereof,

After consulting the Committee on the Sustainability of Biofuels and Bioliquids,

Whereas:

(1)

Directives 98/70/EC and 2009/28/EC lay down sustainability criteria for biofuels. Articles 7b and 7c and Annex IV to Directive 98/70/EC are similar to Articles 17 and 18 and Annex V to Directive 2009/28/EC.

(2)

Where biofuels and bioliquids are to be taken into account for the purposes referred to in Article 17(1)(a), (b) and (c) of Directive 2009/28/EC Member States should require economic operators to show the compliance of biofuels and bioliquids with the sustainability criteria set out in Article 17(2) to (5) of Directive 2009/28/EC.

(3)

When an economic operator provides proof or data obtained in accordance with a voluntary scheme that has been recognised by the Commission, to the extent covered by the recognition decision, a Member State should not require the supplier to provide further evidence of compliance with the sustainability criteria.

(4)

The request to recognise that the ‘KZR INiG System’ demonstrates that consignments of biofuel comply with the sustainability criteria set out in Directive 98/70/EC and Directive 2009/28/EC was first submitted to the Commission on 17 July 2012. The scheme version that was accepted was submitted on 17 December 2013. The scheme covers raw materials cultivated and harvested in the EU as well as wastes and residues from the EU. The scheme covers the entire supply chain from raw material production to the distribution of biofuels. The recognised scheme should be made available at the transparency platform established under Directive 2009/28/EC.

(5)

Assessment of the ‘KZR INiG System’ found it to cover adequately the sustainability criteria of Directive 98/70/EC and of Directive 2009/28/EC, as well as applying a mass balance methodology in line with the requirements of Article 7c(1) of Directive 98/70/EC and Article 18(1) of Directive 2009/28/EC.

(6)

The evaluation of the ‘KZR INiG System’ found that it meets adequate standards of reliability, transparency and independent auditing and also complies with the methodological requirements in Annex IV to Directive 98/70/EC and Annex V to Directive 2009/28/EC.

(7)

The ‘KZR INiG System’ was assessed against legislation in force at the time of the adoption of this Commission Implementing Decision. In the case of relevant changes in the legal basis the Commission will assess the scheme with a view to establish whether the scheme is still adequately covering the sustainability criteria for which it is recognised.

(8)

The measures provided for in this Decision are in accordance with the opinion of the Committee on the Sustainability of Biofuels and Bioliquids,

HAS ADOPTED THIS DECISION:

Article 1

The ‘KZR INiG System’ (hereinafter ‘the scheme’), submitted for recognition to the Commission on 17 December 2013, demonstrates that consignments of biofuels comply with the sustainability criteria as laid down in Article 17(3), (4) and (5) of Directive 2009/28/EC and Article 7b(3), (4) and (5) of Directive 98/70/EC.

The scheme also contains accurate data for purposes of Article 17(2) of Directive 2009/28/EC and Article 7b(2) of Directive 98/70/EC.

The scheme may be used for demonstrating compliance with Article 7c(1) of Directive 98/70/EC and Article 18(1) of Directive 2009/28/EC.

Article 2

If the scheme, after adoption of this Decision, undergoes changes to its contents in a way that might affect the basis of this Decision, such changes shall be notified to the Commission without delay. The Commission shall assess the notified changes with a view to establish whether the scheme is still adequately covering the sustainability criteria for which it is recognised.

If it has been clearly demonstrated that the scheme has not implemented elements considered to be decisive for this Decision and if severe and structural breach of those elements has taken place, the Commission may repeal this Decision.

Article 3

This Decision is valid for a period of five years.

Article 4

This Decision shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.

Done at Brussels, 3 June 2014.

For the Commission

The President

José Manuel BARROSO


(1)  OJ L 140, 5.6.2009, p. 16.

(2)  OJ L 350, 28.12.1998, p. 58.