6.5.2015   

EN

Official Journal of the European Union

L 115/1

(1)

The need to reduce greenhouse gas emissions, particularly carbon dioxide (CO2) emissions, to improve road safety, to adapt the relevant legislation to technological developments and changing market needs and to facilitate intermodal transport operations, while ensuring undistorted competition and protecting the road infrastructure, must be emphasised.

(2)

Technological developments make it possible to attach retractable or foldable aerodynamic devices to the rear of vehicles. However, to do so would result in the maximum lengths permitted under Council Directive 96/53/EC (3) being exceeded. A derogation from the maximum lengths is therefore necessary. This Directive aims to allow the installation of such devices as soon as the necessary amendments to the technical requirements for type approval of the aerodynamic devices are transposed or applied and the Commission has adopted implementing acts laying down the operational rules for the use of such devices.

(3)

Improved aerodynamics of the cabs of motor vehicles would allow significant gains in respect of the energy performance of vehicles, possibly in conjunction with retractable or foldable aerodynamic devices attached to the rear of vehicles. However, under the current maximum lengths set by Directive 96/53/EC, such an improvement is not possible without reducing the vehicle load capacity and threatening the economic equilibrium of the road transport sector. For that reason, a derogation from the maximum lengths is also necessary. That derogation should not be used to increase the load capacity of the vehicle.

(4)

Pursuant to the framework of Directive 2007/46/EC of the European Parliament and of the Council (4), aerodynamic devices exceeding 500 mm in length and motor vehicles equipped with cabs that improve their aerodynamic performance, where such vehicles exceed the limits set by Directive 96/53/EC, are to be type approved before being placed on the market.

(5)

Enabling vehicles to have a new cab profile would contribute to improving road safety by reducing blind spots in the driver's vision, including those under the windscreen, and ought to help to save the lives of many vulnerable road users such as pedestrians or cyclists. A new cab profile could also incorporate energy absorption structures in the event of a collision. Furthermore, the potential gain in the volume of the cab should improve the driver's safety and comfort. Once improved safety requirements for longer cabs have been developed, consideration can be given to whether it is appropriate to apply them to vehicles which do not benefit from the length extension.

(6)

Alternative powertrains, which include hybrid powertrains, are those which, for the purpose of mechanical propulsion, draw energy from consumable fuel and/or a battery or other electrical or mechanical power storage device. Their use for heavy duty vehicles or buses may generate extra weight, but reduces pollution. That extra weight should not be counted as part of the effective load of the vehicle, since this would penalise the road transport sector in economic terms. However, the extra weight should not result in the load capacity of the vehicle being increased either.

(7)

Future alternatively fuelled vehicles (with heavier powertrains than those used in conventionally fuelled vehicles) might also benefit from an extra weight allowance. Therefore, such alternative fuels may be included in the list of alternative fuels provided for by this Directive, if their use requires an additional weight allowance.

(8)

This Directive provides for derogations from the maximum authorised weights and dimensions of vehicles and vehicle combinations laid down in Directive 96/53/EC. However, Member States should be able to restrict, for reasons related to road safety or infrastructure characteristics, the circulation of certain vehicles in specific parts of their road network.

(9)

In the area of containerisation, 45-foot containers are increasingly being used. Such containers are transported by all modes of transport. However, the road components of intermodal transport operations can currently only be undertaken if both the Member States and the transporters follow cumbersome administrative procedures, or if those containers have patented chamfered corners, the cost of which is prohibitive. Increasing the authorised length of the vehicles transporting such containers by 15 cm could eliminate those administrative procedures for transporters and facilitate intermodal transport operations, without risk or prejudice to the road infrastructure or other road users. The definition of intermodal transport operation in this Directive is without prejudice to work on the revision of Council Directive 92/106/EEC (5).

(10)

To further promote intermodal transport operations and to take account of the unladen weight of containers or swap bodies of a length of up to 45 feet, the circulation of three-axle motor vehicles with two- or three-axle semi-trailers should be allowed up to a total authorised weight of 44 tonnes. Two-axle motor vehicles with three-axle semi-trailers transporting containers or swap bodies of a length of up to 45 feet should be allowed in intermodal transport operations up to a total authorised weight of 42 tonnes.

(11)

Since the adoption of Directive 96/53/EC, the average weight of bus passengers and their luggage has increased substantially. Given the weight limits imposed by that Directive, this has resulted in a gradual reduction in the number of passengers carried. Moreover, the equipment needed to meet the current technical requirements, such as Euro VI, adds to the weight of the vehicles carrying them. The need to promote public transport over private transport in the interests of better energy efficiency means that the previous number of bus passengers must be re-established, taking into account the increase in their weight and that of their luggage. That can be done by increasing the authorised weight for buses with two axles, within limits that none the less ensure that road infrastructure is not damaged as a result of faster erosion.

(12)

Infringements in relation to overloaded vehicles need to be addressed adequately by Member States in order to avoid any distortions of competition and to ensure road safety.

(13)

In order to ensure undistorted competition between operators and to improve the detection of infringements, Member States should, by 27 May 2021, take specific measures to identify vehicles or vehicle combinations in circulation that are likely to have exceeded the relevant weight limits and that should therefore be checked. Such identification may be carried out by means of weighing mechanisms built into the road infrastructure, or by means of on-board sensors in vehicles that communicate data remotely to the relevant authorities. Such on-board data should be made available also to the driver. Every year, each Member State should perform an appropriate number of vehicle weight checks. The number of such checks should be proportionate to the total number of vehicles inspected each year in the Member State concerned.

(14)

In order to ensure compliance with this Directive, Member States should lay down rules on penalties for infringements of this Directive and should ensure their implementation. Those penalties should be effective, non-discriminatory, proportionate and dissuasive.

(15)

In order to make checks of the weight of vehicles or vehicle combinations more effective at international level, and to facilitate the smooth operation of those checks, it is important that the competent authorities of the Member States exchange information. The contact point designated in accordance with Regulation (EC) No 1071/2009 of the European Parliament and of the Council (6) should be used for such exchanges of information.

(16)

The European Parliament and the Council should be regularly informed of the checks on road traffic carried out by the Member States' competent authorities. This information, provided by the Member States, will enable the Commission to ensure compliance by hauliers with the rules provided for by this Directive, as well as to determine whether or not additional coercive measures should be developed.

(17)

In order to ensure uniform conditions for the implementation of this Directive, implementing powers should be conferred on the Commission. Those powers should be exercised in accordance with Regulation (EU) No 182/2011 of the European Parliament and of the Council (7).

(18)

The Commission should not adopt implementing acts relating to the operational requirements regarding the use of aerodynamic devices or detailed specifications concerning on-board weighing equipment where the committee established pursuant to this Directive delivers no opinion on the draft implementing act presented by the Commission.

(19)

In order to update the list of alternative fuels included in this Directive in light of the latest technological developments, the power to adopt acts in accordance with Article 290 TFEU should be delegated to the Commission. It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including consultations with Member States' experts, before adopting the delegated acts. The Commission, when preparing and drawing up delegated acts, should ensure a simultaneous, timely and appropriate transmission of relevant documents to the European Parliament and to the Council.

(20)

Since the objectives of this Directive cannot be sufficiently achieved by the Member States but can rather, by reason of its scale and effects, be better achieved at Union level, the Union may adopt measures, in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty on European Union. In accordance with the principle of proportionality as set out in that Article, this Directive does not go beyond what is necessary in order to achieve those objectives.

(21)

Directive 96/53/EC should therefore be amended accordingly,

(1)

point (a) of Article 1(1) is replaced by the following:

(*)  Directive 2007/46/EC of the European Parliament and of the Council of 5 September 2007 establishing a framework for the approval of motor vehicles and their trailers, and of systems, components and separate technical units intended for such vehicles (Framework Directive) (OJ L 263, 9.10.2007, p. 1).’"

(2)

Article 2 is amended as follows:

(3)

Article 4 is amended as follows:

(4)

Article 5 is replaced by the following:

‘Article 5

Articulated vehicles put into circulation before 1 January 1991 which do not comply with the specifications contained in points 1.6 and 4.4 of Annex I shall be deemed to comply with such specifications for the purposes of Article 3 if they do not exceed a total length of 15,50 m.’

(5)

Articles 8, 8a and 9 are deleted;

(6)

the following Articles are inserted:

‘Article 8b

1.   With the aim of improving their energy efficiency, vehicles or vehicle combinations which are equipped with aerodynamic devices meeting the requirements laid down in paragraphs 2 and 3, and which comply with Directive 2007/46/EC, may exceed the maximum lengths provided for in point 1.1 of Annex I to this Directive, to allow the addition of such devices to the rear of vehicles or vehicle combinations. Vehicles or vehicle combinations equipped with such devices shall comply with point 1.5 of Annex I to this Directive, and any exceeding of the maximum lengths shall not result in an increase in the loading length of those vehicles or vehicle combinations.

2.   Before being placed on the market, the aerodynamic devices referred to in paragraph 1 exceeding 500 mm in length shall be type-approved in accordance with the rules on type-approval within the framework of Directive 2007/46/EC.

By 27 May 2017, the Commission shall assess the need to adopt or amend any technical requirements for type-approval of aerodynamic devices laid down within that framework taking into account the need to ensure road safety and the safety of intermodal transport operations, and in particular:

To that end, the Commission shall submit, as appropriate, a legislative proposal to amend the relevant rules on type-approval within the framework of Directive 2007/46/EC.

3.   The aerodynamic devices referred to in paragraph 1 shall fulfil the following operational conditions:

4.   The Commission shall adopt implementing acts laying down detailed provisions ensuring uniform conditions for the implementation of paragraph 3. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 10i(2).

5.   Paragraph 1 shall apply from the date of transposition or application of the necessary amendments to the instruments referred to in paragraph 2, and after the adoption of the implementing acts referred to in paragraph 4, as appropriate.

Article 9a

1.   With the aim of improving energy efficiency, in particular as regards the aerodynamic performance of cabs, as well as road safety, vehicles or vehicle combinations which fulfil the requirements laid down in paragraph 2 and which comply with Directive 2007/46/EC may exceed the maximum lengths laid down in point 1.1 of Annex I to this Directive provided that their cabs deliver improved aerodynamic performance, energy efficiency and safety performance. Vehicles or vehicle combinations equipped with such cabs shall comply with point 1.5 of Annex I to this Directive and any exceeding of the maximum lengths shall not result in an increase in the load capacity of those vehicles.

2.   Before being placed on the market, the vehicles referred to in paragraph 1 shall be approved in accordance with the rules on type-approval within the framework of Directive 2007/46/EC. By 27 May 2017, the Commission shall assess the need to develop the technical requirements for type-approval of vehicles equipped with such cabs as laid down within that framework, taking into account the following:

To that end, the Commission shall submit, as appropriate, a legislative proposal to amend the relevant rules on type-approval within the framework of Directive 2007/46/EC.

3.   Paragraph 1 shall apply from 3 years after the date of transposition or application of the necessary amendments to the instruments referred to in paragraph 2, as appropriate.’

(7)

Article 10a is deleted;

(8)

the following Articles are inserted:

‘Article 10b

The maximum authorised weights of alternatively fuelled vehicles shall be those set out in points 2.3.1, 2.3.2 and 2.4 of Annex I.

Alternatively fuelled vehicles shall also comply with the maximum authorised axle weight limits set out in point 3 of Annex I.

The additional weight required by alternatively fuelled vehicles shall be defined on the basis of the documentation provided by the manufacturer when the vehicle in question is approved. That additional weight shall be indicated in the official proof required in accordance with Article 6.

The Commission shall be empowered to adopt delegated acts in accordance with Article 10h to update, for the purposes of this Directive, the list of alternative fuels referred to in Article 2 that require additional weight. It is of particular importance that the Commission follow its usual practice and carry out consultations with experts, including Member States' experts, before adopting those delegated acts.

Article 10c

The maximum lengths laid down in point 1.1 of Annex I, subject where applicable to Article 9a(1), and the maximum distance laid down in point 1.6 of Annex I, may be exceeded by 15 cm for vehicles or vehicle combinations engaged in the transport of 45-foot containers or 45-foot swap bodies, empty or loaded, provided that the road transport of the container or swap body in question is part of an intermodal transport operation.

Article 10d

1.   By 27 May 2021, Member States shall take specific measures to identify vehicles or vehicle combinations in circulation that are likely to have exceeded the maximum authorised weight and that should therefore be checked by their competent authorities in order to ensure compliance with the requirements of this Directive. Those measures may be taken with the aid of automatic systems set up on the road infrastructure, or by means of on-board weighing equipment installed in vehicles in accordance with paragraph 4.

A Member State shall not require on-board weighing equipment to be installed on vehicles or vehicle combinations which are registered in another Member State.

Without prejudice to Union and national law, where automatic systems are used to establish infringements of this Directive and to impose penalties, such automatic systems shall be certified. Where automatic systems are used only for identification purposes, they need not be certified.

2.   Each Member State shall carry out each calendar year an appropriate number of checks on the weight of vehicles or vehicle combinations in circulation, proportionate to the total number of vehicles inspected each year in its territory.

3.   Member States shall, in accordance with Article 18 of Regulation (EC) No 1071/2009 of the European Parliament and of the Council (1), ensure that their competent authorities exchange information about infringements and penalties relating to this Article.

4.   The on-board weighing equipment referred to in paragraph 1 shall be accurate and reliable, fully interoperable and compatible with all vehicle types.

5.   By 27 May 2016, the Commission shall adopt implementing acts, laying down detailed provisions ensuring uniform conditions for the implementation of the rules on interoperability and compatibility set out in paragraph 4.

In order to ensure interoperability, those detailed provisions shall enable the weight data to be communicated at any time from a moving vehicle to the competent authorities, as well as to its driver. That communication shall be done through the interface defined by the CEN DSRC standards EN 12253, EN 12795, EN 12834, EN 13372 and ISO 14906. In addition, such communication shall ensure that the competent authorities of the Member States can communicate and exchange information in the same way with vehicles and vehicle combinations registered in any Member State and using on-board weighing equipment.

In order to ensure compatibility with all vehicle types, on-board systems of motor vehicles shall have the capability to receive and process any data coming from any type of trailer or semi-trailer attached to the motor vehicle.

Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 10i(2).

Article 10e

Member States shall lay down rules on penalties applicable to infringements of this Directive and shall take all measures necessary to ensure that they are implemented. Those penalties shall be effective, non-discriminatory, proportionate and dissuasive. Member States shall notify those rules to the Commission.

Article 10f

1.   For the transport of containers and swap bodies, Member States shall lay down rules that require:

2.   Member States shall lay down rules on the liability of both the shipper and the haulier as appropriate in cases where the information referred to in paragraph 1 is missing or is incorrect and the vehicle or vehicle combination is overloaded.

Article 10g

Every 2 years, and at the latest by 30 September of the year following the end of the 2-year period concerned, Member States shall send to the Commission the necessary information concerning:

This information may be part of the information submitted under Article 17 of Regulation (EC) No 561/2006 of the European Parliament and of the Council (2).

The Commission shall analyse the information received pursuant to this Article, and shall include such analysis in the report to be forwarded to the European Parliament and to the Council pursuant to Regulation (EC) No 561/2006.

Article 10h

1.   The power to adopt delegated acts is conferred on the Commission subject to the conditions laid down in this Article.

2.   The power to adopt delegated acts referred to in Article 10b shall be conferred on the Commission for a period of 5 years from 26 May 2015. The Commission shall draw up a report in respect of the delegation of power not later than 9 months before the end of the 5-year period. The delegation of power shall be tacitly extended for periods of an identical duration, unless the European Parliament or the Council opposes such extension not later than 3 months before the end of each period.

3.   The delegation of power referred to in Article 10b may be revoked at any time by the European Parliament or by the Council. A decision to revoke shall put an end to the delegation of the power specified in that decision. It shall take effect the day following the publication of the decision in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated acts already in force.

4.   As soon as it adopts a delegated act, the Commission shall notify it simultaneously to the European Parliament and to the Council.

5.   A delegated act adopted pursuant to Article 10b shall enter into force only if no objection has been expressed either by the European Parliament or the Council within a period of 2 months of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by 2 months at the initiative of the European Parliament or of the Council.

Article 10i

1.   The Commission shall be assisted by the Road Transport Committee referred to in Article 42 of Regulation (EU) No 165/2014 of the European Parliament and of the Council (3). That committee shall be a committee within the meaning of Regulation (EU) No 182/2011 of the European Parliament and of the Council (4).

2.   Where reference is made to this paragraph, Article 5 of Regulation (EU) No 182/2011 shall apply.

3.   Where the committee delivers no opinion, the Commission shall not adopt the draft implementing act and the third subparagraph of Article 5(4) of Regulation (EU) No 182/2011 shall apply.

Article 10j

By 8 May 2020, the Commission shall submit, as appropriate, a report to the European Parliament and the Council on the implementation of the amendments to this Directive introduced by Directive (EU) 2015/719 of the European Parliament and of the Council (5), including taking into consideration specific characteristics of certain market segments. On the basis of that report, the Commission shall, if appropriate, make a legislative proposal duly accompanied by an impact assessment. The report shall be made available at least 6 months prior to the submission of any legislative proposal.

(1)

(2)

(3)

(4)

(5)

(9)

Annex I is amended as follows:

6.5.2015   

EN

Official Journal of the European Union

L 115/11

(1)

European Parliament and Council Directive 94/62/EC (4) was adopted in order to prevent or reduce the impact of packaging and packaging waste on the environment. Although plastic carrier bags constitute packaging within the meaning of that Directive, it does not contain specific measures on the consumption of such bags.

(2)

The current consumption levels of plastic carrier bags result in high levels of littering and an inefficient use of resources, and are expected to increase if no action is taken. Littering of plastic carrier bags results in environmental pollution and aggravates the widespread problem of litter in water bodies, threatening aquatic eco-systems worldwide.

(3)

Furthermore, the accumulation of plastic carrier bags in the environment has a clearly negative impact on certain economic activities.

(4)

Plastic carrier bags with a wall thickness below 50 microns (‘lightweight plastic carrier bags’), which represent the vast majority of the total number of plastic carrier bags consumed in the Union, are less frequently reused than thicker plastic carrier bags. Consequently, lightweight plastic carrier bags become waste more quickly and are more prone to littering due to their light weight.

(5)

Current recycling rates of lightweight plastic carrier bags are very low and, due to a number of practical and economic difficulties, are not likely to reach significant levels in the near future.

(6)

According to the waste hierarchy, prevention comes first. Plastic carrier bags serve several purposes and their consumption will continue in the future. To ensure that the needed plastic carrier bags will not end up as waste in the environment, adequate measures should be in place and consumers should be informed about proper waste treatment.

(7)

Consumption levels of plastic carrier bags vary considerably across the Union due to differences in consumption habits, environmental awareness and effectiveness of policy measures taken by Member States. Some Member States have managed to reduce consumption levels of plastic carrier bags significantly, with the average consumption level in the seven best performing Member States amounting to only 20 % of the Union average consumption.

(8)

The availability and accuracy of data on the current consumption levels of lightweight plastic carrier bags vary between Member States. Accurate and comparable data on consumption is key to assess the effectiveness of reduction measures and to ensure uniform conditions for implementation. Therefore, a common methodology for the calculation of annual consumption of lightweight plastic carrier bags per person should be developed with a view to monitoring progress in reducing consumption of such bags.

(9)

Furthermore, consumer information has been shown to play a decisive role in achieving any goals regarding a reduction in the consumption of plastic carrier bags. Therefore, efforts at institutional level are necessary to increase awareness of the environmental impact of plastic carrier bags and end the current perception of plastic as a harmless and cheap commodity.

(10)

To promote sustained reductions of the average consumption level of lightweight plastic carrier bags, Member States should take measures to significantly reduce the consumption of lightweight plastic carrier bags in line with the overall objectives of the Union's waste policy and the waste hierarchy as provided for in Directive 2008/98/EC of the European Parliament and of the Council (5). Such reduction measures should take account of current consumption levels of plastic carrier bags in individual Member States, with higher levels requiring more ambitious efforts, and take account of reductions already achieved. To monitor progress in reducing the consumption of lightweight plastic carrier bags, it is necessary that national authorities provide data on their consumption in accordance with Article 12 of Directive 94/62/EC.

(11)

Measures to be taken by Member States may involve the use of economic instruments such as pricing, taxes and levies, which have proved particularly effective in reducing the consumption of plastic carrier bags, and marketing restrictions such as bans in derogation of Article 18 of Directive 94/62/EC provided that these restrictions are proportionate and non-discriminatory.

(12)

Those measures may vary depending on the environmental impact of lightweight plastic carrier bags when they are recovered or disposed of, their recycling and composting properties, their durability or the specific intended use of those bags, and taking into account any possible adverse substitution effects.

(13)

Member States may choose to exempt plastic carrier bags with a wall thickness below 15 microns (‘very lightweight plastic carrier bags’) provided as primary packaging for loose food when required for hygiene purposes or when their use helps prevent food wastage.

(14)

Member States may freely use revenues generated by measures that are taken under Directive 94/62/EC to achieve a sustained reduction in the consumption of lightweight plastic carrier bags.

(15)

Awareness programmes for consumers in general and educational programmes for children can play an important role in reducing the consumption of plastic carrier bags.

(16)

European Standard EN 13432 on ‘Requirements for packaging recoverable through composting and biodegradation — Test scheme and evaluation criteria for the final acceptance of packaging’ sets out the characteristics that a material must possess to be considered ‘compostable’, namely that it can be recycled through a process of organic recovery comprised of composting and anaerobic digestion. The Commission should ask the European Committee for Standardization to develop a separate standard for home-compostable packaging.

(17)

It is important to ensure Union-wide recognition of labels or marks for biodegradable and compostable plastic carrier bags.

(18)

Some plastic carrier bags are marked as ‘oxo-biodegradable’ or ‘oxo-degradable’ by their manufacturers. In such bags, additives are incorporated into conventional plastics. Due to the presence of those additives, the plastic fragments over time into small particles which remain in the environment. It can thus be misleading to refer to such bags as ‘biodegradable’ as they may not be a solution to littering and may, on the contrary, increase pollution. The Commission should examine the impact of the use of oxo-degradable plastic carrier bags on the environment and present a report to the European Parliament and the Council, including, if appropriate, a set of measures to limit their consumption or to reduce any harmful impacts.

(19)

Measures to be taken by Member States to reduce the consumption of plastic carrier bags should lead to a sustained reduction in the consumption of lightweight plastic carrier bags, and should not lead to an overall increase in the generation of packaging.

(20)

The measures provided for by this Directive are consistent with the Commission Communication on the Roadmap to a Resource Efficient Europe and they should contribute to actions against marine littering, undertaken in accordance with Directive 2008/56/EC of the European Parliament and of the Council (6).

(21)

Directive 94/62/EC should therefore be amended accordingly,

(1)

In Article 3, the following points are inserted:

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

(2)

In Article 4, the following paragraphs are inserted:

‘1a.   Member States shall take measures to achieve a sustained reduction in the consumption of lightweight plastic carrier bags on their territory.

Those measures may include the use of national reduction targets, maintaining or introducing economic instruments as well as marketing restrictions in derogation from Article 18, provided that these restrictions are proportionate and non-discriminatory.

Such measures may vary depending on the environmental impact of lightweight plastic carrier bags when they are recovered or disposed of, their composting properties, durability or specific intended use.

The measures taken by Member States shall include either or both of the following:

From 27 May 2018 Member States shall report on the annual consumption of lightweight plastic carrier bags when providing data on packaging and packaging waste to the Commission in accordance with Article 12.

By 27 May 2016, the Commission shall adopt an implementing act laying down the methodology for the calculation of the annual consumption of lightweight plastic carrier bags per person and adapting the reporting formats adopted under Article 12(3). That implementing act shall be adopted in accordance with the regulatory procedure referred to in Article 21(2).

1b.   Without prejudice to Article 15, Member States may take measures such as economic instruments and national reduction targets, as regards any kind of plastic carrier bags, regardless of their wall thickness.

1c.   The Commission and the Member States shall, at least during the first year following the 27 November 2016, actively encourage public information and awareness campaigns concerning the adverse environmental impact of the excessive consumption of lightweight plastic carrier bags.’

(3)

The following Article is inserted:

‘Article 8a

Specific measures for biodegradable and compostable plastic carrier bags

By 27 May 2017, the Commission shall adopt an implementing act laying down the specifications of labels or marks to ensure Union-wide recognition of biodegradable and compostable plastic carrier bags and to provide consumers with the correct information about the composting properties of such bags. That implementing act shall be adopted in accordance with the regulatory procedure referred to in Article 21(2).

18 months after the adoption of that implementing act, at the latest, Member States shall ensure that biodegradable and compostable plastic carrier bags are labelled in accordance with the specifications provided for in that implementing act.’

(4)

The following Article is inserted:

‘Article 20a

Reporting on plastic carrier bags

1.   By 27 November 2021, the Commission shall present a report to the European Parliament and to the Council, assessing the effectiveness of measures in Article 4(1a) at Union level, in combating littering, changing consumer behaviour and promoting waste prevention. If the assessment shows that the measures adopted are not effective, the Commission shall examine other possible ways to achieve a reduction in the consumption of lightweight plastic carrier bags, including the setting of realistic and achievable targets at Union level, and present a legislative proposal, if appropriate.

2.   By 27 May 2017, the Commission shall present a report to the European Parliament and to the Council, examining the impact of the use of oxo-degradable plastic carrier bags on the environment and present a legislative proposal, if appropriate.

3.   By 27 May 2017, the Commission shall assess the life cycle impacts of different possibilities to reduce the consumption of very lightweight plastic carrier bags, and present a legislative proposal, if appropriate.’

(5)

In Article 22(3a), the first subparagraph is replaced by the following:

‘3a.   Provided that the objectives set out in Article 4 and Article 6 are achieved, Member States may transpose the provisions set out in Articles 4(1a) and 7 by means of agreements between the competent authorities and the economic sectors concerned.’

6.5.2015   

EN

Official Journal of the European Union

L 115/16

(1)

Pursuant to Article 50(2)(a) of Regulation (EU) No 1151/2012, Belgium's application to register the name ‘Vlaamse Laurier’ was published in the Official Journal of the European Union  (2).

(2)

As no statement of opposition under Article 51 of Regulation (EU) No 1151/2012 has been received by the Commission, the name ‘Vlaamse Laurier’ should therefore be entered in the register,

6.5.2015   

EN

Official Journal of the European Union

L 115/18

(1)

Regulation (EC) No 1831/2003 provides for the authorisation of additives for use in animal nutrition and for the grounds and procedures for granting such authorisation. Article 10 of that Regulation provides for the re-evaluation of additives authorised pursuant to Council Directive 70/524/EEC (2).

(2)

Taurine was authorised without a time limit in accordance with Directive 70/524/EEC as feed additive on all animal species. This substance was subsequently entered in the Register of feed additives as an existing product, in accordance with Article 10(1) of Regulation (EC) No 1831/2003.

(3)

In accordance with Article 10(2) of Regulation (EC) No 1831/2003, in conjunction with Article 7 thereof, an application was submitted for the re-evaluation of taurine and preparations of taurine as a feed additive for all animal species and, in accordance with Article 7 of that Regulation, for a new use in water for drinking. The applicant requested this additive to be classified in the additive category ‘nutritional additives’. That application was accompanied by the particulars and documents required under Article 7(3) of Regulation (EC) No 1831/2003.

(4)

The European Food Safety Authority (‘the Authority’) concluded in its opinion of 22 May 2012 (3) that for use in diet for cats, dogs and carnivorous fish, synthetic taurine is considered efficacious. The historical use of diets containing up to 20 % feedingstuffs of animal origin led to the conclusion that up to 0,2 % taurine in complete feedingstuffs is tolerated by all animal species. The Authority recommends that taurine should no longer be authorised for use in poultry, pigs and ruminants. The Authority concluded that under the proposed conditions of use in feed and in water for drinking, taurine does not have adverse effects on animal health, human health or the environment.

(5)

The Authority further concluded that no safety concerns would arise for users. The Authority does not consider that there is a need for specific requirements of post-market monitoring. It also verified the report on the method of analysis of the feed additives in feed and water submitted by the Reference Laboratory set up by Regulation (EC) No 1831/2003.

(6)

The conclusions for cats and dogs can be extrapolated to species of the same family that is to Felidae and Canidae, as they are physiologically related species in terms of gastrointestinal function.

(7)

Mustelidae belongs to the order Carnivora as Felidae and Canidae. Mustelidae are carnivorous species and many of them obligate carnivorous. They require taurine and its precursors methionine or cysteine in the diet to maintain the normal taurine concentrations in the body. Traditional sources for taurine are muscle tissue, brain or viscera. Since heat processing and the use of alternative sources of protein (with low content of this amino acid) reduce the availability of taurine and its precursors in feeds, there is a historical use of diets containing taurine as a feed additive to ensure that the taurine requirements are satisfied for Mustelidae.

(8)

The assessment of taurine shows that the conditions for authorisation, as provided for in Article 5 of Regulation (EC) No 1831/2003, are satisfied. Accordingly, the use of this substance should be authorised as specified in the Annex to this Regulation.

(9)

Since safety reasons do not require the immediate application of the modifications to the conditions of authorisation, it is appropriate to allow a transitional period for interested parties to prepare themselves to meet the new requirements resulting from the authorisation.

(10)

The measures provided for in this Regulation are in accordance with the opinion of the Standing Committee on Plants, Animals, Food and Feed,

6.5.2015   

EN

Official Journal of the European Union

L 115/22

(1)

Regulation (EC) No 1831/2003 provides for the authorisation of additives for use in animal nutrition and for the grounds and procedures for granting such authorisation. Article 10 of that Regulation provides for the re-evaluation of additives authorised pursuant to Council Directive 70/524/EEC (2).

(2)

Biotin was authorised without a time limit in accordance with Directive 70/524/EEC as feed additive on all animal species. This product was subsequently entered in the Register of feed additives as existing product, in accordance with Article 10(1) of Regulation (EC) No 1831/2003.

(3)

In accordance with Article 10(2) of Regulation (EC) No 1831/2003, in conjunction with Article 7 thereof, two applications were submitted for the re-evaluation of biotin and preparations of biotin for all animal species and, in accordance with Article 7 of that Regulation, for a new use in water for drinking. The applicants requested these additives to be classified in the additive category ‘nutritional additives’. Those applications were accompanied by the particulars and documents required under Article 7(3) of Regulation (EC) No 1831/2003.

(4)

The European Food Safety Authority (‘the Authority’) concluded in its opinions of 16 October 2012 and 17 October 2012 (3) that under the proposed conditions of use in feed and water for drinking, biotin do not have adverse effects on animal health, human health or the environment. The Authority also concluded that synthetic biotin is regarded as an effective source of biotin in animal nutrition and that no safety concerns would arise for users. The Authority does not consider that there is a need for specific requirements of post-market monitoring. It also verified the report on the method of analysis of the feed additives in feed and water for drinking submitted by the Reference Laboratory set up by Regulation (EC) No 1831/2003.

(5)

The assessment of biotin shows that the conditions for authorisation, as provided for in Article 5 of Regulation (EC) No 1831/2003, are satisfied. Accordingly, the use of this substance should be authorised as specified in the Annex to this Regulation.

(6)

Since safety reasons do not require the immediate application of the modifications to the conditions of authorisation, it is appropriate to allow a transitional period for interested parties to prepare themselves to meet the new requirements resulting from the authorisation.

(7)

The measures provided for in this Regulation are in accordance with the opinion of the Standing Committee on Plants, Animals, Food and Feed,

6.5.2015   

EN

Official Journal of the European Union

L 115/25

(1)

Regulation (EC) No 1831/2003 provides for the authorisation of additives for use in animal nutrition and for the grounds and procedures for granting such authorisation. Article 10 of that Regulation provides for the re-evaluation of additives authorised pursuant to Council Directive 70/524/EEC (2).

(2)

Vitamin A was authorised without a time limit in accordance with Directive 70/524/EEC as a feed additive for all animal species. That product was subsequently entered in the Register of feed additives as existing product, in accordance with Article 10(1) of Regulation (EC) No 1831/2003.

(3)

In accordance with Article 10(2) of Regulation (EC) No 1831/2003, in conjunction with Article 7 thereof, an application was submitted for the re-evaluation of vitamin A in the form of retinyl acetate, retinyl palmitate and retinyl propionate as feed additives and their preparations for all animal species and, in accordance with Article 7 of that Regulation, for a new use in water for drinking. The applicant requested these additives to be classified in the additive category ‘nutritional additives’. That application was accompanied by the particulars and documents required under Article 7(3) of Regulation (EC) No 1831/2003.

(4)

The European Food Safety Authority (‘the Authority’) concluded in its opinion of 12 December 2012 (3) that, under the proposed conditions of use in feed, retinyl acetate, retinyl palmitate and retinyl propionate do not have an adverse effects on animal health, human health or the environment.

(5)

The Authority further concluded that retinyl acetate, retinyl palmitate and retinyl propionate are effective sources of vitamin A and that no safety concerns would arise for users. The Authority does not consider that there is a need for specific requirements of post-market monitoring. It also verified the report on the method of analysis of the feed additives in feed submitted by the Reference Laboratory set up by Regulation (EC) No 1831/2003.

(6)

The assessment of retinyl acetate, retinyl palmitate and retinyl propionate shows that the conditions for authorisation, as provided for in Article 5 of Regulation (EC) No 1831/2003, are satisfied except for water for drinking. Accordingly, the use of these substances should be authorised in feed as specified in the Annex to this Regulation. Maximum contents should be set for vitamin A irrespective of its form. Vitamin A should not be administered directly via water for drinking because an additional route of administration would increase the risk for consumers. Therefore, the authorisation of retinyl acetate, retinyl palmitate and retinyl propionate as nutritional additives belonging to the functional group ‘vitamins, pro-vitamins and chemically well-defined substances having similar effect’ should be denied as regards their use in water. This prohibition does not apply to those additives within a compound feed subsequently administered via water.

(7)

Since safety reasons do not require the immediate application of the modifications to the conditions of authorisation, it is appropriate to allow a transitional period for interested parties to prepare themselves to meet the new requirements resulting from the authorisation.

(8)

The measures provided for in this Regulation are in accordance with the opinion of the Standing Committee on Plants, Animals, Food and Feed,

6.5.2015   

EN

Official Journal of the European Union

L 115/32

(1)

Private storage aid granted pursuant to Commission Implementing Regulation (EU) 2015/360 (2) has had a favourable effect on the pigmeat market. A further stabilisation of prices is expected.

(2)

The granting of private storage aid for pigmeat should therefore be ended and a closing date for the submission of applications should be set.

(3)

For the sake of legal certainty, Implementing Regulation (EU) 2015/360 should be repealed.

(4)

In order to avoid speculation, this Regulation should enter into force on the day following that of its publication in the Official Journal of the European Union.

(5)

The Committee for the Common Organisation of Agricultural Markets has not delivered an opinion within the time limit set by its Chair,

6.5.2015   

EN

Official Journal of the European Union

L 115/34

(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,

6.5.2015   

EN

Official Journal of the European Union

L 115/36

(1)

The European Central Bank (ECB) is required to decide the total amount of annual supervisory fees to be levied by issuing fee notices for each category of supervised entities and supervised groups and to publish this information on its website by 30 April of the relevant fee period.

(2)

The fee notice for the first fee period, i.e. November to December 2014, is to be issued together with the fee notice for the 2015 fee period. The total amount of annual supervisory fees levied in 2015 should therefore reflect the expenditure incurred by the ECB in relation to its supervisory tasks since November 2014.

(3)

This expenditure primarily consists of costs directly related to the ECB's supervisory tasks, e.g. supervision of significant entities, oversight of the supervision of less significant entities and the conduct of horizontal tasks and specialised services. It also includes costs indirectly related to the ECB's supervisory tasks, e.g. services provided by the ECB's support areas, including premises, human resources management and information technology services.

(4)

To calculate the annual supervisory fee payable in respect of each supervised entity or supervised group, the total costs are split into two parts: significant entities and groups, and less significant entities and groups. The costs have been split on the basis of the expenditure allocated to the relevant functions that perform the direct supervision of significant supervised entities and the indirect supervision of less significant supervised entities.

(5)

The expenditure related to banking supervision tasks incurred by the ECB in the first fee period and recoverable via supervisory fees was included in the ECB's Annual Accounts for 2014 (2).

(6)

The estimated annual expenditure for the 2015 fee period is derived from the approved ECB budget, taking into account any developments in the estimated annual expenditure to be incurred by the ECB that were known at the time this Decision was prepared,

6.5.2015   

EN

Official Journal of the European Union

L 115/39

6.5.2015   

EN

Official Journal of the European Union

L 115/40

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Page 27, Annex I

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Page 29, Annex II

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