ISSN 1977-0677

Official Journal

of the European Union

L 321

European flag  

English edition

Legislation

Volume 58
5 December 2015


Contents

 

II   Non-legislative acts

page

 

 

INTERNATIONAL AGREEMENTS

 

*

Notice concerning the provisional application of the Association Agreement between the European Union and the European Atomic Energy Community and their Member States, of the one part, and Ukraine, of the other part

1

 

 

REGULATIONS

 

*

Commission Delegated Regulation (EU) 2015/2252 of 30 September 2015 amending Delegated Regulation (EU) 2015/288 as regards the period of inadmissibility of applications for support from the European Maritime and Fisheries Fund

2

 

*

Commission Implementing Regulation (EU) 2015/2253 of 2 December 2015 concerning the classification of certain goods in the Combined Nomenclature

6

 

*

Commission Implementing Regulation (EU) 2015/2254 of 2 December 2015 concerning the classification of certain goods in the Combined Nomenclature

8

 

*

Commission Implementing Regulation (EU) 2015/2255 of 2 December 2015 concerning the classification of certain goods in the Combined Nomenclature

10

 

*

Commission Regulation (EU) 2015/2256 of 4 December 2015 amending Regulation (EC) No 1983/2003 implementing Regulation (EC) No 1177/2003 of the European Parliament and of the Council concerning Community statistics on income and living conditions (EU-SILC) as regards the list of target primary variables ( 1 )

12

 

*

Commission Implementing Regulation (EU) 2015/2257 of 4 December 2015 entering a name in the register of traditional specialities guaranteed (Кайсерован врат Тракия (Kayserovan vrat Trakiya) (TSG))

17

 

*

Commission Implementing Regulation (EU) 2015/2258 of 4 December 2015 amending Regulation (EC) No 798/2008 as regards imports and transit of single consignments of less than 20 units of poultry other than ratites, hatching eggs and day-old chicks thereof ( 1 )

23

 

 

Commission Implementing Regulation (EU) 2015/2259 of 4 December 2015 establishing the standard import values for determining the entry price of certain fruit and vegetables

56

 

 

DECISIONS

 

*

Commission Implementing Decision (EU) 2015/2260 of 3 December 2015 repealing Decision 2008/630/EC on emergency measures applicable to crustaceans imported from Bangladesh and intended for human consumption (notified under document C(2015) 8472)  ( 1 )

58

 

 

ACTS ADOPTED BY BODIES CREATED BY INTERNATIONAL AGREEMENTS

 

*

Decision No 1/2014 of the EU-Georgia Association Council of 17 November 2014 adopting its Rules of Procedure and those of the Association Committee and of Sub-Committees [2015/2261]

60

 

*

Decision No 2/2014 of the EU-Georgia Association Council of 17 November 2014 on the establishment of two Sub-Committees [2015/2262]

70

 

*

Decision No 3/2014 of the EU-Georgia Association Council of 17 November 2014 on the delegation of certain powers by the Association Council to the Association Committee in Trade configuration [2015/2263]

72

 


 

(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

5.12.2015   

EN

Official Journal of the European Union

L 321/1


Notice concerning the provisional application of the Association Agreement between the European Union and the European Atomic Energy Community and their Member States, of the one part, and Ukraine, of the other part

The following parts of the Association Agreement between the European and the European Atomic Energy Community and their Member States, of the one part, and Ukraine, of the other part, signed at Brussels on 21 March 2014 and on 27 June 2014, will be provisionally applied by virtue of Article 4 of the Council Decisions on the signing and provisional application of the Agreement (1), the second one as amended (2), as of 1 January 2016, to the extent that they cover matters falling within the Union's competence:

Title IV

(with the exception of Article 158 to the extent that it concerns criminal enforcement of intellectual property rights; and with the exception of Articles 285 and 286 to the extent that those Articles apply to administrative proceedings and review and appeal at Member State level).

The provisional application of Article 279 shall not affect the sovereign rights of the Member States over their hydrocarbon resources in accordance with international law, including their rights and obligations as Parties to the 1982 UN Convention on the Law of the Sea;

The provisional application of Article 280(3) by the Union shall not affect the existing delineation of competences between the Union and its Member States in respect of the granting of authorisations for the prospection, exploration and production of hydrocarbon;

Title VII

(with the exception of Article 479(1)), to the extent that the provisions of that Title are limited to the purpose of ensuring the provisional application of the Agreement.

Annexes I to XXV, as well as the Protocols I and II.


(1)   OJ L 161, 29.5.2014, p. 1. OJ L 278, 20.9.2014, p. 1.

(2)   OJ L 289, 3.10.2014, p. 1.


REGULATIONS

5.12.2015   

EN

Official Journal of the European Union

L 321/2


COMMISSION DELEGATED REGULATION (EU) 2015/2252

of 30 September 2015

amending Delegated Regulation (EU) 2015/288 as regards the period of inadmissibility of applications for support from the European Maritime and Fisheries Fund

THE EUROPEAN COMMISSION,

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

Having regard to Regulation (EU) No 508/2014 of the European Parliament and of the Council of 15 May 2014 on the European Maritime and Fisheries Fund and repealing Council Regulations (EC) No 2328/2003, (EC) No 861/2006, (EC) No 1198/2006 and (EC) No 791/2007 and Regulation (EU) No 1255/2011 of the European Parliament and of the Council (1), and in particular Article 10(4) thereof,

Whereas:

(1)

In order to achieve the objectives of the Common Fisheries Policy (CFP) and to safeguard the financial interest of the Union and its taxpayers, operators that, within a particular time before submitting an application for financial assistance, committed serious infringements, offence or fraud as set out in Article 10 of Regulation (EU) No 508/2014 should not benefit from financial assistance from the European Maritime and Fisheries Fund (EMFF).

(2)

Under Article 10(1) and (3) of Regulation (EU) No 508/2014, certain applications submitted by operators for support from the EMFF are to be inadmissible for a specific period of time. Such applications are, inter alia, inadmissible where the application has been made for support under Chapter II of Title V of that Regulation as regards the sustainable development of aquaculture and it has been determined by the competent authorities that the operator concerned has committed any of the environmental offences set out in Articles 3 and 4 of Directive 2008/99/EC of the European Parliament and of the Council (2). Under Article 10(4)(a) and (b) of Regulation (EU) No 508/2014, the period during which applications are inadmissible and the starting or ending dates of that period are to be identified by the Commission in a delegated act.

(3)

Commission Delegated Regulation (EU) 2015/288 (3) identifies the inadmissibility period as well as the relevant starting or ending dates of that period for applications by operators who have carried out one or more of the actions referred to in Article 10(1)(a) and (b) and (3) of Regulation (EU) No 508/2014.

In accordance with Article 10(1)(d) of Regulation (EU) No 508/2014, it is also necessary to establish rules for calculating the duration of the inadmissibility period and the relevant starting or ending dates for applications for support under Chapter II of Title V of that Regulation. The inadmissibility of those applications should help ensure increased compliance with existing laws for the protection of the environment.

(4)

Directive 2008/99/EC establishes measures relating to criminal law in order to protect the environment more effectively. Article 3 of that Directive lists those conducts which are to be punishable as criminal offences, when they are unlawful within the meaning of that Directive and committed intentionally or with at least serious negligence. Under Article 4 of that Directive, Member States are to ensure that inciting, aiding, and abetting the intentional conduct of the offences referred to in Article 3 are punishable as a criminal offence.

(5)

In order to ensure proportionality, cases in which an operator committed an offence with serious negligence and in which an operator committed an offence intentionally should therefore result in inadmissibility periods of different lengths. For the same reason, it is also appropriate to establish rules that take aggravating and mitigating factors into account when calculating the inadmissibility period.

(6)

In order to ensure proportionality, offences that are carried out over a period of more than 1 year should result in longer inadmissibility periods.

(7)

In accordance with Article 10(1)(d) of Regulation (EU) No 508/2014, where the competent authority has determined that an operator committed any of the offences set out in Articles 3 and 4 of Directive 2008/99/EC, an application from the operator for support from the EMFF under Chapter II of Title V of this Regulation is to be inadmissible for a period of at least 1 year. As Regulation (EU) No 508/2014 applies as from 1 January 2014, only offences committed as from 1 January 2013 should be taken into account for the calculation of the inadmissibility period.

(8)

In order to ensure effective protection of the environment, where an application of an operator is inadmissible due to the environmental offences set out in Articles 3 and 4 of Directive 2008/99/EC, all applications of that operator pursuant to Chapter II of Title V of Regulation (EU) No 508/2014 should be inadmissible. In order to ensure proportionality it is appropriate to lay down rules for the revision of the inadmissibility period where additional offences are committed by an operator during that period. For the same reason, it is also appropriate that a repetition of an offence results in longer inadmissibility periods.

(9)

Delegated Regulation (EU) 2015/288 should therefore be amended accordingly.

(10)

In order to allow for the prompt application of the measures provided for in this Regulation and given the importance of ensuring a harmonised and equal treatment of operators in all Member States from the start of the programming period, this Regulation should enter into force on the day following that of its publication and apply from the first day of the eligibility period for support from the EMFF, namely 1 January 2014,

HAS ADOPTED THIS REGULATION:

Article 1

Delegated Regulation (EU) 2015/288 is amended as follows:

(1)

Article 1 is replaced by the following:

‘Article 1

Subject matter and scope

This Regulation applies to applications for support from the European Maritime and Fisheries Fund (EMFF) and identifies the period during which such applications submitted by operators who have carried out any of the actions referred to in Article 10(1)(a), (b) and (d) of Regulation (EU) No 508/2014, or in Article 10(3) of that Regulation, shall be inadmissible (the inadmissibility period).’;

(2)

the following Article 4a is inserted:

‘Article 4a

Inadmissibility of applications by operators who have committed environmental offences

1.   Where a competent authority has determined in a first official decision that an operator has committed one of the offences set out in Article 3 of Directive 2008/99/EC of the European Parliament and of the Council (*1), applications for support from the EMFF made by that operator pursuant to Chapter II of Title V of Regulation (EU) No 508/2014 shall be inadmissible:

(a)

for a period of 12 months, if the offence was committed with serious negligence; or

(b)

for a period of 24 months, if the offence was committed intentionally.

2.   Where a competent authority has determined in a first official decision that an operator has committed one of the offences set out in Article 4 of Directive 2008/99/EC, applications for support from the EMFF made by that operator pursuant to Chapter II of Title V of Regulation (EU) No 508/2014 shall be inadmissible for a period of 24 months.

3.   The inadmissibility period shall be increased by 6 months where in the decision referred to in paragraph 1 or 2 the competent authority has:

(a)

explicitly referred to the presence of aggravating circumstances; or

(b)

determined that an offence committed by the operator was carried out over a period of more than 1 year.

4.   Provided that it lasts at least 12 months in total, the inadmissibility period shall be reduced by 6 months if the competent authority has explicitly referred to the presence of mitigating circumstances in its decision referred to in paragraph 1 or 2.

5.   The starting date of the inadmissibility period shall be the date of the first official decision by a competent authority determining that one or more of the offences set out in Articles 3 and 4 of Directive 2008/99/EC were committed.

6.   For the purposes of calculating the inadmissibility period, only decisions referring to offences committed as from 1 January 2013 and for which a decision within the meaning of the above subparagraph was taken as from that date shall be taken into account.

7.   Where an application of an operator is inadmissible under paragraphs 1 and 2, all applications of that operator pursuant to Chapter II of Title V of Regulation (EU) No 508/2014 shall be inadmissible.

(*1)  Directive 2008/99/EC of the European Parliament and of the Council of 19 November 2008 on the protection of the environment through criminal law (OJ L 328, 6.12.2008, p. 28).’;"

(3)

Article 9 is amended as follows:

(a)

the following points (d) and (e) are added:

‘(d)

shall be extended by the following periods for each additional offence set out in Article 3 of Directive 2008/99/EC committed by the operator during the inadmissibility period:

(i)

12 months, if the additional offence has been committed with serious negligence;

(ii)

24 months if the additional offence has been committed intentionally;

(e)

shall be extended by 24 months for each additional offence set out in Article 4 of Directive 2008/99/EC committed by the operator during the inadmissibility period’;

(b)

the following paragraph is added:

‘If an additional offence referred to in point (d) or (e) of the first paragraph is of the same type of environmental offences as the one which has caused the inadmissibility period or which has already led to its revision, the extension of the inadmissibility period due to that offence as provided for in points (d) and (e) shall be increased by an additional 6 months.’

Article 2

Entry into force

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

It shall apply from 1 January 2014.

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

Done at Brussels, 30 September 2015.

For the Commission

The President

Jean-Claude JUNCKER


(1)   OJ L 149, 20.5.2014, p. 1.

(2)  Directive 2008/99/EC of the European Parliament and of the Council of 19 November 2008 on the protection of the environment through criminal law (OJ L 328, 6.12.2008, p. 28).

(3)  Commission Delegated Regulation (EU) 2015/288 of 17 December 2014 supplementing Regulation (EU) No 508/2014 of the European Parliament and of the Council on the European Maritime and Fisheries Fund with regard to the period of time and the dates for the inadmissibility of applications (OJ L 51, 24.2.2015, p. 1).


5.12.2015   

EN

Official Journal of the European Union

L 321/6


COMMISSION IMPLEMENTING REGULATION (EU) 2015/2253

of 2 December 2015

concerning the classification of certain goods in the Combined Nomenclature

THE EUROPEAN COMMISSION,

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

Having regard to Council Regulation (EEC) No 2658/87 of 23 July 1987 on the tariff and statistical nomenclature and on the Common Customs Tariff (1), and in particular Article 9(1)(a) thereof,

Whereas:

(1)

In order to ensure uniform application of the Combined Nomenclature annexed to Regulation (EEC) No 2658/87, it is necessary to adopt measures concerning the classification of the goods referred to in the Annex to this Regulation.

(2)

Regulation (EEC) No 2658/87 has laid down the general rules for the interpretation of the Combined Nomenclature. Those rules apply also to any other nomenclature which is wholly or partly based on it or which adds any additional subdivision to it and which is established by specific provisions of the Union, with a view to the application of tariff and other measures relating to trade in goods.

(3)

Pursuant to those general rules, the goods described in column (1) of the table set out in the Annex should be classified under the CN code indicated in column (2), by virtue of the reasons set out in column (3) of that table.

(4)

It is appropriate to provide that binding tariff information issued in respect of the goods concerned by this Regulation which does not conform to this Regulation may, for a certain period, continue to be invoked by the holder in accordance with Article 12(6) of Council Regulation (EEC) No 2913/92 (2). That period should be set at three months.

(5)

The measures provided for in this Regulation are in accordance with the opinion of the Customs Code Committee,

HAS ADOPTED THIS REGULATION:

Article 1

The goods described in column (1) of the table set out in the Annex shall be classified within the Combined Nomenclature under the CN code indicated in column (2) of that table.

Article 2

Binding tariff information which does not conform to this Regulation may continue to be invoked in accordance with Article 12(6) of Regulation (EEC) No 2913/92 for a period of three months from the date of entry into force of this Regulation.

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.

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

Done at Brussels, 2 December 2015.

For the Commission,

On behalf of the President,

Heinz ZOUREK

Director-General for Taxation and Customs Union


(1)   OJ L 256, 7.9.1987, p. 1.

(2)  Council Regulation (EEC) No 2913/92 of 12 October 1992 establishing the Community Customs Code (OJ L 302, 19.10.1992, p. 1).


ANNEX

Description of the goods

Classification (CN code)

Reasons

(1)

(2)

(3)

An article (so-called ‘draught excluder’ or ‘door bottom seal’) consisting of an aluminium base with dimensions of approximately 100 × 3 cm and plastic bristles of a length of approximately 2 cm and with a cross–sectional dimension of more than 1 mm attached to the base. The base is covered with a self-adhesive film on one side.

The base is to be affixed to the bottom of a door by the adhesive film. The bristles bridge the gap between the underside of the door and the floor, preventing the entry of a current of air, dirt, etc.

 (*1) See image.

3926 90 97

Classification is determined by general rules 1, 3 (b) and 6 for the interpretation of the Combined Nomenclature and by the wording of CN codes 3926 , 3926 90 and 3926 90 97 .

Given the objective characteristics of the article, it is intended to bridge the gap between the door and the floor preventing the entry of a current of air, dirt, etc. It is not intended to be used as a brush for cleaning. Classification under heading 9603 as brushes is therefore excluded.

The article is composite goods made up of different components, namely the aluminium base, the plastic bristles and the adhesive film. The bristles give the article its essential character because of their role in relation to the use of the product. Classification under heading 7616 as other articles of aluminium is therefore also excluded.

The article is therefore to be classified under CN code 3926 90 97 as other articles of plastics.

Image 1

(*1)  The image is purely for information


5.12.2015   

EN

Official Journal of the European Union

L 321/8


COMMISSION IMPLEMENTING REGULATION (EU) 2015/2254

of 2 December 2015

concerning the classification of certain goods in the Combined Nomenclature

THE EUROPEAN COMMISSION,

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

Having regard to Council Regulation (EEC) No 2658/87 of 23 July 1987 on the tariff and statistical nomenclature and on the Common Customs Tariff (1), and in particular Article 9(1)(a) thereof,

Whereas:

(1)

In order to ensure uniform application of the Combined Nomenclature annexed to Regulation (EEC) No 2658/87, it is necessary to adopt measures concerning the classification of the goods referred to in the Annex to this Regulation.

(2)

Regulation (EEC) No 2658/87 has laid down the general rules for the interpretation of the Combined Nomenclature. Those rules apply also to any other nomenclature which is wholly or partly based on it or which adds any additional subdivision to it and which is established by specific provisions of the Union, with a view to the application of tariff and other measures relating to trade in goods.

(3)

Pursuant to those general rules, the goods described in column (1) of the table set out in the Annex should be classified under the CN code indicated in column (2), by virtue of the reasons set out in column (3) of that table.

(4)

It is appropriate to provide that binding tariff information issued in respect of the goods concerned by this Regulation which does not conform to this Regulation may, for a certain period, continue to be invoked by the holder in accordance with Article 12(6) of Council Regulation (EEC) No 2913/92 (2). That period should be set at three months.

(5)

The measures provided for in this Regulation are in accordance with the opinion of the Customs Code Committee,

HAS ADOPTED THIS REGULATION:

Article 1

The goods described in column (1) of the table set out in the Annex shall be classified within the Combined Nomenclature under the CN code indicated in column (2) of that table.

Article 2

Binding tariff information which does not conform to this Regulation may continue to be invoked in accordance with Article 12(6) of Regulation (EEC) No 2913/92 for a period of three months from the date of entry into force of this Regulation.

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.

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

Done at Brussels, 2 December 2015.

For the Commission,

On behalf of the President,

Heinz ZOUREK

Director-General for Taxation and Customs Union


(1)   OJ L 256, 7.9.1987, p. 1.

(2)  Council Regulation (EEC) No 2913/92 of 12 October 1992 establishing the Community Customs Code (OJ L 302, 19.10.1992, p. 1).


ANNEX

Description of the goods

Classification (CN-code)

Reasons

(1)

(2)

(3)

A hard-covered bound article (so-called ‘photo bookf’) made of paper measuring approximately 21 cm × 31 cm, with full-colour printed personalised photographs and a short text referring to the activities, events, persons, etc. shown in the respective photographs.

4911 91 00

Classification is determined by general rules 1 and 6 for the interpretation of the Combined Nomenclature and by the wording of CN codes 4911 and 4911 91 00 .

Classification under heading 4901 as a book is excluded, because the article is not intended for reading (see also the Harmonized System Explanatory Notes to heading 4901 , first paragraph).

The article is designed for presenting personalised photographs for private viewing.

It is therefore to be classified under CN code 4911 91 00 as photographs.


5.12.2015   

EN

Official Journal of the European Union

L 321/10


COMMISSION IMPLEMENTING REGULATION (EU) 2015/2255

of 2 December 2015

concerning the classification of certain goods in the Combined Nomenclature

THE EUROPEAN COMMISSION,

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

Having regard to Council Regulation (EEC) No 2658/87 of 23 July 1987 on the tariff and statistical nomenclature and on the Common Customs Tariff (1), and in particular Article 9(1)(a) thereof,

Whereas:

(1)

In order to ensure uniform application of the Combined Nomenclature annexed to Regulation (EEC) No 2658/87, it is necessary to adopt measures concerning the classification of the goods referred to in the Annex to this Regulation.

(2)

Regulation (EEC) No 2658/87 has laid down the general rules for the interpretation of the Combined Nomenclature. Those rules apply also to any other nomenclature which is wholly or partly based on it or which adds any additional subdivision to it and which is established by specific provisions of the Union, with a view to the application of tariff and other measures relating to trade in goods.

(3)

Pursuant to those general rules, the goods described in column (1) of the table set out in the Annex should be classified under the CN code indicated in column (2), by virtue of the reasons set out in column (3) of that table.

(4)

It is appropriate to provide that binding tariff information issued in respect of the goods concerned by this Regulation which does not conform to this Regulation may, for a certain period, continue to be invoked by the holder in accordance with Article 12(6) of Council Regulation (EEC) No 2913/92 (2). That period should be set at 3 months.

(5)

The measures provided for in this Regulation are in accordance with the opinion of the Customs Code Committee,

HAS ADOPTED THIS REGULATION:

Article 1

The goods described in column (1) of the table set out in the Annex shall be classified within the Combined Nomenclature under the CN code indicated in column (2) of that table.

Article 2

Binding tariff information which does not conform to this Regulation may continue to be invoked in accordance with Article 12(6) of Regulation (EEC) No 2913/92 for a period of 3 months from the date of entry into force of this Regulation.

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.

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

Done at Brussels, 2 December 2015.

For the Commission,

On behalf of the President,

Heinz ZOUREK

Director-General for Taxation and Customs Union


(1)   OJ L 256, 7.9.1987, p. 1.

(2)  Council Regulation (EEC) No 2913/92 of 12 October 1992 establishing the Community Customs Code (OJ L 302, 19.10.1992, p. 1).


ANNEX

Description of the goods

Classification (CN code)

Reasons

(1)

(2)

(3)

An article in the shape of a circle (so-called ‘coin vibration motor’) with a diameter of 9 mm and a thickness of 4 mm with an inbuilt 4 V DC, 1 W electrical motor.

The article is designed to be used in tablets, mobile phones etc. to create a vibration effect. That effect is the result of the rotation of the shaft of the motor due to the presence of a non-symmetric mass attached to the shaft.

For mounting purposes the article is provided with self-adhesive tape on one side.

See the image (*1).

8479 89 97

Classification is determined by general rules 1 and 6 for the interpretation of the Combined Nomenclature and by the wording of CN codes 8479 , 8479 89 and 8479 89 97 .

As the function of the article is to create vibration, classification under heading 8501 as an electric motor is excluded (see also the Harmonised System Explanatory Notes to heading 8501 , group (II), eighth paragraph (b)).

The article is therefore to be classified under CN code 8479 89 97 as other machines and mechanical appliances having individual functions, not specified or included elsewhere.

Image 2

(*1)  The image is purely for information.


5.12.2015   

EN

Official Journal of the European Union

L 321/12


COMMISSION REGULATION (EU) 2015/2256

of 4 December 2015

amending Regulation (EC) No 1983/2003 implementing Regulation (EC) No 1177/2003 of the European Parliament and of the Council concerning Community statistics on income and living conditions (EU-SILC) as regards the list of target primary variables

(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 1177/2003 of the European Parliament and of the Council of 16 June 2003 concerning Community statistics on income and living conditions (EU-SILC) (1), and in particular Article 15(2)(a) thereof,

Whereas:

(1)

Regulation (EC) No 1177/2003 established a common framework for the systematic production of European statistics on income and living conditions.

(2)

Commission Regulation (EC) No 1983/2003 (2) adopted the list of target primary variables, the codes for these variables and the technical format of data transmission for the main operation of EU-SILC.

(3)

At its meeting of 7 and 8 June 2010, the Employment, Social Policy, Health and Consumer Affairs Council decided that the mid-term review of the Union headline target to be carried out in 2015 should also include a review of the indicators taking into account economic developments and improved measurement instruments.

(4)

In view of this, Commission Regulations (EU) No 112/2013 (3) and (EU) No 67/2014 (4) included new variables measuring material deprivation among households and individuals (adults) in the list of secondary target variables on which data is to be collected in 2014 and 2015.

(5)

It is also necessary to adapt the list of primary target variables for future data collections. This involves removing obsolete variables from and adding new variables to the Annex to Commission Regulation (EC) No 1983/2003. These items have been selected for a robust measure of material deprivation after two in-depth statistical analyses, based on data collected in the 2009 and 2013 EU-SILC.

(6)

Commission Regulation (EC) No 1983/2003 should therefore be amended accordingly.

(7)

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

HAS ADOPTED THIS REGULATION:

Article 1

The Annex to Regulation (EC) No 1983/2003 is amended in accordance with the Annex to this Regulation.

Article 2

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

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

Done at Brussels, 4 December 2015.

For the Commission

The President

Jean-Claude JUNCKER


(1)   OJ L 165, 3.7.2003, p. 1.

(2)  Commission Regulation (EC) No 1983/2003 of 7 November 2003 implementing Regulation (EC) No 1177/2003 of the European Parliament and of the Council concerning Community statistics on income and living conditions (EU-SILC) as regards the list of target primary variables (OJ L 298, 17.11.2003, p. 34).

(3)  Commission Regulation (EU) No 112/2013 of 7 February 2013 implementing Regulation (EC) No 1177/2003 of the European Parliament and of the Council concerning Community statistics on income and living conditions (EU-SILC) as regards the 2014 list of target secondary variables on material deprivation (OJ L 37, 8.2.2013, p. 2).

(4)  Commission Regulation (EU) No 67/2014 of 27 January 2014 implementing Regulation (EC) No 1177/2003 of the European Parliament and of the Council concerning Community statistics on income and living conditions (EU-SILC) as regards the 2015 list of target secondary variables on social and cultural participation and material deprivation (OJ L 23, 28.1.2014, p. 1).


ANNEX

The Annex to Regulation (EC) No 1983/2003 is amended as follows:

1.

Section ‘Household data — Social exclusion — Non-monetary household deprivation indicators, including problems in making ends meet, extent of debt and enforced lack of basic necessities’ is amended as follows:

(a)

the following variables are deleted:

Component

Variable name

Code

Target variable

‘X,L

HS070

 

Do you have a telephone (including mobile phone)

1

Yes

2

No — cannot afford

3

No — Other reasons

 

HS070_F

– 1

Missing

1

Variable is filled

X,L

HS080

 

Do you have a colour TV

1

Yes

2

No — cannot afford

3

No — Other reasons

 

HS080_F

– 1

Missing

1

Variable is filled’

and

‘X,L

HS100

 

Do you have a washing machine

1

Yes

2

No — cannot afford

3

No — Other reasons

 

HS100_F

– 1

Missing

1

Variable is filled’

(b)

After variables HS150 and HS150_F, the following variables are inserted:

Component

Variable name

Code

Target variable

‘X,L

HD080

 

Replace worn-out furniture

1

Yes

2

No — household cannot afford

3

No — Other reasons

 

HD080_F

1

Variable is filled

– 1

Missing’

2.

Between section ‘Personal data — Basic data — Demographic data (16+)’ and section ‘Personal data — Education — Education, including highest ISCED level attained, the following new section “Personal data — Social exclusion — Non-monetary personal deprivation indicators” is inserted’:

Component

Variable name

Code

Target variable

Personal data

Social exclusion

‘NON-MONETARY PERSONAL DEPRIVATION INDICATORS

X,L

PD020

 

Replace worn-out clothes by some new (not second-hand) ones

1

Yes

2

No — cannot afford

3

No — Other reasons

 

PD020_F

1

Variable is filled

– 1

Missing

– 3

Not selected respondent

X,L

PD030

 

Two pairs of properly fitting shoes (including a pair of all-weather shoes)

1

Yes

2

No — cannot afford

3

No — Other reasons

 

PD030_F

1

Variable is filled

– 1

Missing

– 3

Not selected respondent

X,L

PD050

 

Get-together with friends/family (relatives) for drink/meal at least once a month

1

Yes

2

No — cannot afford

3

No — Other reasons

 

PD050_F

1

Variable is filled

– 1

Missing

– 3

Not selected respondent

X,L

PD060

 

Regularly participate in a leisure activity

1

Yes

2

No — cannot afford

3

No — Other reasons

 

PD060_F

1

Variable is filled

– 1

Missing

– 3

Not selected respondent

X,L

PD070

 

Spend a small amount of money each week on yourself

1

Yes

2

No — cannot afford

3

No — Other reasons

 

PD070_F

1

Variable is filled

– 1

Missing

– 3

Not selected respondent

X,L

PD080

 

Internet connection for personal use at home

1

Yes

2

No — cannot afford

3

No — Other reasons

 

PD080_F

1

Variable is filled

– 1

Missing

– 3

Not selected respondent’


5.12.2015   

EN

Official Journal of the European Union

L 321/17


COMMISSION IMPLEMENTING REGULATION (EU) 2015/2257

of 4 December 2015

entering a name in the register of traditional specialities guaranteed (Кайсерован врат Тракия (Kayserovan vrat Trakiya) (TSG))

THE EUROPEAN COMMISSION,

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

Having regard to Regulation (EU) No 1151/2012 of the European Parliament and of the Council of 21 November 2012 on quality schemes for agricultural products and foodstuffs (1), and in particular Article 52(3)(a) thereof,

Whereas:

(1)

Pursuant to Article 50(2)(b) of Regulation (EU) No 1151/2012, application from Bulgaria to register the name ‘Кайсерован врат Тракия’ (Kayserovan vrat Trakiya) was published in the Official Journal of the European Union (2).

(2)

On 11 June 2014, the Commission received a notice of opposition from Kayseri Chamber of commerce (Turkey). This notice of opposition was followed by a reasoned statement of opposition sent by e mail of 14 August 2014. Article 51(2) of Regulation (EU) No 1151/2012 provides that a notice of opposition must be followed by a reasoned statement of opposition within two months. The reasoned statement of opposition exceeded that two months deadline. Therefore, the Commission considers the opposition from Kayseri Chamber of commerce (Turkey) inadmissible.

(3)

On 12 June 2014, Greece sent a notice of opposition including a reasoned statement of opposition. The opposition was based on Article 21, paragraph 1, point (b), of Regulation (EU) No 1151/2012. It was claimed that, part of the Thrace region belonging to Greece, the registration of the name ‘Кайсерован врат Тракия’ (Kayserovan vrat Trakiya) would prejudge the right of Greek producers to use the geographical name ‘Θράκη’ (Thrace). There are several meat products using lawfully the designation ‘Thrace’ in their sales names.

(4)

The Commission examined the opposition from Greece and found it admissible within the meaning of Article 21, paragraph 1, point (b), of Regulation (EU) No 1151/2012. By letter of 10 October 2014 it therefore, invited the interested parties to engage in appropriate consultations to seek agreement among themselves in accordance with their internal procedures.

(5)

Bulgaria and Greece reached such an agreement, notified to the Commission on 5 May 2015.

(6)

In so far as it complies with the provisions of Regulation (EU) No 1151/2012 and other EU legislation, the content of the agreement concluded between Bulgaria and Greece can be taken into account.

(7)

In the light of Article 18(3) of Regulation (EU) No 1151/2012, in order to distinguish products that share similar names and to avoid risk of misleading consumers on the provenance of the product, Bulgaria and Greece agreed that the name ‘Кайсерован врат Тракия’ (Kayserovan vrat Trakiya) be accompanied by the claim ‘made following the tradition of Bulgaria’.

(8)

The two parties also agreed that this Regulation contains a statement clarifying that the geographical name ‘Thrace’ should not be intended as reserved for the ‘Кайсерован врат Тракия’ (Kayserovan vrat Trakiya).

(9)

In the light of the above, the Commission considers that the name ‘Кайсерован врат Тракия’ (Kayserovan vrat Trakiya) should be accompanied by the claim ‘made following the tradition of Bulgaria’.

(10)

In addition, it should be clarified that, without prejudice of Article 24(2) of Regulation (EU) No 1151/2012, the registration of the name ‘Кайсерован врат Тракия’ (Kayserovan vrat Trakiya) made following the tradition of Bulgaria does not prevent producers from using the geographical name ‘Thrace’, including translations, in labelling or presentations within the territory of the Union in compliance with the EU law and in particular Regulation (EU) No 1169/2011 of the European Parliament and of the Council (3) on the provision of food information to consumers,

HAS ADOPTED THIS REGULATION:

Article 1

The name ‘Кайсерован врат Тракия’ (Kayserovan vrat Trakiya) (TSG) is registered.

The name in the first paragraph identifies a product from Class 1.2. Meat products (cooked, salted, smoked, etc.) set out in Annex XI to Commission Implementing Regulation (EU) No 668/2014 (4).

Article 2

The name referred in Article 1 shall be accompanied by the claim ‘made following the tradition of Bulgaria’. The consolidated product specification is set out in the Annex to this Regulation.

Article 3

The geographical name ‘Thrace’, including translations, may continue to be used in labelling or presentations within the territory of the Union provided the principles and rules applicable in its legal order are respected.

Article 4

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

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

Done at Brussels, 4 December 2015.

For the Commission

The President

Jean-Claude JUNCKER


(1)   OJ L 343, 14.12.2012, p. 1.

(2)   OJ C 75, 14.3.2014, p. 16.

(3)  Regulation (EU) No 1169/2011 of the European Parliament and of the Council of 25 October 2011 on the provision of food information to consumers, amending Regulations (EC) No 1924/2006 and (EC) No 1925/2006 of the European Parliament and of the Council, and repealing Commission Directive 87/250/EEC, Council Directive 90/496/EEC, Commission Directive 1999/10/EC, Directive 2000/13/EC of the European Parliament and of the Council, Commission Directives 2002/67/EC and 2008/5/EC and Commission Regulation (EC) No 608/2004 (OJ L 304, 22.11.2011, p. 18).

(4)  Commission Implementing Regulation (EU) No 668/2014 of 13 June 2014 laying down rules for the application of Regulation (EU) No 1151/2012 of the European Parliament and of the Council on quality schemes for agricultural products and foodstuffs (OJ L 179, 19.6.2014, p. 36).


ANNEX

APPLICATION FOR REGISTRATION OF A TRADITIONAL SPECIALTY GUARANTEED (TSG)

COUNCIL REGULATION (EC) No 509/2006 (*1)

‘КАЙСЕРОВАН ВРАТ ТРАКИЯ’ (KAYSEROVAN VRAT TRAKIYA)

EC No: BG-TSG-0007-01018 — 23.7.2012

1.   Name and address of the applicant group

Name of group or organisation (if relevant): Sdruzhenie Traditsionni surovo-susheni mesni produkti (Traditional Dried Raw Meat Products Association (STSSMP))

Address: bul. Shipchenski prohod, bl. 240, vh A, ap 6, et. 3, Sofia 1111

Telephone: +359 29712671

Fax +359 29733069

Email address: office@amb-bg.com

2.   Member State or third country

Bulgaria

3.   Product specification

3.1.   Name(s) to be registered (Article 2 of Commission Regulation (ЕC) No 1216/2007 (1) )

‘Кайсерован врат Тракия’ (Kayserovan vrat Trakiya)

The name shall be accompanied by the claim ‘made following the tradition of Bulgaria’.

3.2.   Whether the name

is specific in itself

expresses the specific character of the agricultural product or foodstuff

The name ‘Kayserovan vrat Trakia’ was first introduced in 1980 in a standardisation document for its production — Industry standard 18-71996-80, drawn up by two Bulgarian researchers — Dzhevizov and Kiseva. The product rapidly became popular, and has now been traditionally produced in Bulgaria under the above name for over 30 years. The name is also specific in itself because it includes the main ingredients of the product described under 3.6.

3.3.   Whether reservation of the name is sought under Article 13(2) of Regulation (ЕC) No 509/2006

Registration with reservation of the name

Registration without reservation of the name

3.4.   Type of product

Class 1.2. Meat products (cooked, salted, smoked, etc.)

3.5.   Description of the agricultural product or foodstuff to which the name under point 3.1 applies (Article 3(1) of Regulation (EC) No 1216/2007)

‘Kayserovan vrat Trakia’ is a raw-cured delicacy of uncut meat. It is prepared from fresh boneless pork collar. It is pressed repeatedly during curing and coated with the Kaiser mixture (kayserova smes) of natural herbs and white wine. It is suitable for direct consumption by all consumer groups.

Physical properties — shape and dimensions

Elongated, flattened cylinder, 3-4 cm thick.

Chemical properties

water content: not more than 40,0 % of the total weight,

cooking salt: not more than 5,0 % of the total weight,

nitrites (residual amount in the finished product): not more than 50 mg/kg,

pH not less than 5,4.

Organoleptic properties

 

External appearance and colour:

the surface is covered with brownish-red Kaiser mixture, well-dried, with a well-defined crust.

 

Cross-section

The muscle tissue is a vivid red, while the fat is salmon-pink and not more than 1 cm thick.

 

Consistency: dense and elastic.

 

Taste and smell: characteristic, pleasant, slightly salty, with a distinct aroma of the seasoning used, free from foreign flavours and odours;

‘Kayserovan vrat Trakia’ may be marketed whole, cut into pieces or sliced, vacuum-packed, in cellophane or in modified-atmosphere packaging.

3.6.   Description of the production method of the agricultural product or foodstuff to which the name under point (3.1) applies (Article 3(2) of Regulation (EC) No 1216/2007)

For the production of ‘Kayserovan vrat Trakia’ the following ingredients and additives are required:

 

Meat: pork collar: 100 kg

 

Salting mixture for 100 kg of pork collar: 3,35 kg of cooking salt; 40 g of ascorbic acid (E300) as an antioxidant; 100 g of potassium nitrate (E252) or 85 g of sodium nitrate (E251); 500 g of refined granulated sugar.

 

Kaiser mixture for 100 kg of pork collar:

4,0 kg of red peppers

3,0 kg of fenugreek

2,0 kg of garlic

12,0 litres of white wine

 

Twine/hemp yarn

Production method

For the production of ‘Kayserovan vrat Trakia’, fresh fully-matured pork neck with a pH value of 5,6 to 6,2 is used. The meat is carefully boned, leaving the muscle groups intact. The forward boundary runs between the occipital bone and the first cervical vertebra, the rear one between the fifth and sixth thoracic vertebrae and down from the fifth intercostal space. The lower limit horizontally cuts through the first five ribs. The boned meat is cleaned of blood and is shaped and trimmed. The shaped pork collars are arranged in suitable clean containers for salting. The mixture of cooking salt, ascorbic acid, potassium or sodium nitrate and refined crystal sugar is rubbed in by hand or mechanically. The salted collars are tightly arranged in plastic or stainless-steel containers for maturation in a cold store with an air temperature of between 0 and 4 °C. After 3 to 4 days, the arrangement of the pieces is reversed (the top and bottom pieces are swapped) and they are left for at least another 10 days under the same conditions until they are fully and evenly salted. A looped string is attached to each salted collar and they are hung on wooden and/or metal frames (rods) arranged on stainless-steel sausage trolleys. The pieces are not allowed to come into contact with one another. They are left hanging on the trolley to drain for up to 24 hours at an air temperature not exceeding 12 °С. They are then placed in natural or air-conditioned drying chambers with temperature and humidity regulation. Drying takes place at an air temperature of 12-17 °С and a relative humidity of 70-85 %. During drying and curing they are pressed several times. Pressing lasts between 12 and 24 hours. Initial pressing takes place when the pieces of ‘Kayserovan vrat Trakia’ are moderately dry to the touch and a slight crust can be felt. Before they are pressed they must be sorted according to thickness. Drying continues until the meat has obtained a dense elasticity and water content no longer exceeds 40 % of overall mass. After final pressing, the pieces are coated with the Kaiser mixture, comprising spices, water and white wine according to the recipe, which is well smoothed in to give a 2-3 mm thick layer. They are then hung to dry until the mixture has dried completely to form a crust. The fenugreek is carefully ground in advance and soaked in lukewarm water for 24 hours.

3.7.   Specific character of the agricultural product or foodstuff (Article 3(3) of Regulation (EC) No 1216/2007)

—   Taste and aromatic properties of the product

The carefully selected and sorted fresh pork collar and the Kaiser mixture give ‘Kayserovan vrat Trakia’ its inimitable flavour and aroma.

No starter cultures or pH regulators are used in the production of ‘Kayserovan vrat Trakia’, which distinguishes it from products manufactured using innovative technologies.

—   Specific flattened shape of the pieces

The characteristic shape is obtained by repeated pressing during the drying process.

3.8.   Traditional character of the agricultural product or foodstuff (Article 3(4) of Regulation (EC) No 1216/2007)

‘Kayserovan vrat Trakia’ belongs to the group of raw-cured and pressed uncut pork delicacies. It is one of a wide range of meat products that have been produced for decades in Bulgaria. Its production in Bulgaria boasts a tradition of over 30 years.

Historical data on the technology and recipe for the production of ‘Kayserovan vrat Trakia’ are contained in the standardisation document on product requirements ON 18-71996-80 — ‘Plovdiv’ biltong/jerky, ‘Rodopa’ biltong/jerky, ‘Kayserovan svinski vrat Trakia’, National Agro-Industrial Union (NAPS), Sofia, 1980. The production technique is set out in Technical Instruction No 326 of 20 October 1980 for the production of ‘Plovdiv’ and ‘Rodopa’ biltong/jerky and ‘Kayserovan svinski vrat Trakia’, National Agro-Industrial Union (NAPS), Sofia, 1980, drawn up by the researchers Dzhevizov and Kiseva in Plovdiv.

In the traditional ‘Kayserovan vrat Trakia’ production method, certain parameters (temperature and humidity) must be maintained during the drying process. In addition, presses with wooden surfaces are used by way of derogation under Article 10(4) of Regulation (EC) No 853/2004 of the European Parliament and of the Council (2). This creates favourable conditions for the desired microflora to develop naturally during drying. Pressing gives the product its characteristic flattened shape and its specific traditional flavour which has remained unchanged up to the present day.

3.9.   Minimum requirements and procedures to check the specific character (Article 4 of Regulation (EC) No 1216/2007)

During and after the ‘Kayserovan vrat Trakia’ production process the following is checked:

compliance of the meat ingredients used with the requirements specified in point 3.6 of the specification,

observance of the proportions of meat ingredients and salting mixture specified in the recipe when the salting mixture is being dosed and mixed with the meat ingredients, and observance of the quantities of ingredients and additives specified in the recipe,

proper application of the production techniques for salting the shaped pieces of meat in accordance with point 3.6,

temperature and humidity during draining and drying, including by means of a visual inspection of the product,

observance of the proportions of meat ingredients and Kaiser mixture specified in the recipe when the Kaiser mixture is being dosed and mixed with the meat ingredients, and observance of the quantities of ingredients and spices specified in the recipe,

the clarity and expiry date of the white wine used in the Kaiser mixture and compliance of its quantity with the recipe under 3.6,

proper external appearance and colour by means of a visual inspection of the product to establish the extent to which the Kaiser mixture has formed a crust on the surface of the product,

proper consistency, aroma and taste of the cut surface, by means of a sensory analysis of the finished product,

compliance of the physico-chemical parameters of the finished product with point 3.5 of the specification, using approved laboratory methods.

The above parameters must be checked once a year. If an irregularity is found at any stage, this frequency is increased to once every six months.

4.   Authorities or bodies verifying compliance with the product verification

4.1.   Name and address

Name: Q Certificazioni S.r.l.

Address: Villa Parigini, loc. Basciano, 53035 Monteriggioni (SI), Italy;

Bulgaria 4000 Plovdiv No 42a, Ulitsa Leonardo da Vinci

Telephone/fax +359 32649228

Mobile phone: +359 897901680

Email address: office@qci.bg.

☐ Public

☒ Private

4.2.   Specific tasks of the authorities or bodies

The inspection body referred to under 4.1 verifies compliance with all the criteria set out in the specifications.


(*1)  Council Regulation (EC) No 509/2006 of 20 March 2006 on agricultural products and foodstuffs as traditional specialities guaranteed (OJ L 93, 31.3.2006, p. 1). Regulation replaced by Regulation (EU) No 1151/2012.

(1)  Commission Regulation (EC) No 1216/2007 of 18 October 2007 laying down detailed rules for the implementation of Council Regulation (EC) No 509/2006 on agricultural products and foodstuffs as traditional specialities guaranteed (OJ L 275, 19.10.2007, p. 3).

(2)  Regulation (EC) No 853/2004 of the European Parliament and of the Council of 29 April 2004 laying down specific hygiene rules for food of animal origin (OJ L 139, 30.4.2004, p. 55).


5.12.2015   

EN

Official Journal of the European Union

L 321/23


COMMISSION IMPLEMENTING REGULATION (EU) 2015/2258

of 4 December 2015

amending Regulation (EC) No 798/2008 as regards imports and transit of single consignments of less than 20 units of poultry other than ratites, hatching eggs and day-old chicks thereof

(Text with EEA relevance)

THE EUROPEAN COMMISSION,

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

Having regard to Council Directive 2009/158/EC of 30 November 2009 on animal health conditions governing intra-Community trade in, and imports from third countries of, poultry and hatching eggs (1), and in particular Articles 23(1), 24(2), 25, 26(2) and 28(2) thereof,

Whereas:

(1)

Commission Regulation (EC) No 798/2008 (2) lays down veterinary certification requirements for imports into and transit through the Union of poultry, hatching eggs, day-old chicks and specified pathogen-free eggs (‘the commodities’). It provides that the commodities are only to be imported into and transit through the Union from the third countries, territories, zones or compartments listed in the table in Part 1 of Annex I thereto.

(2)

Article 5(1) and (3) of that Regulation lay down the animal and public health conditions for imports and transit of commodities which according to Article 5(2) shall not apply to consignments of less than 20 units of poultry other than ratites, hatching eggs and day-old chicks thereof.

(3)

Article 5(3)(d) of that Regulation refers to restrictions in relation to the approval by the Commission of a salmonella control programme under Regulation (EC) No 2160/2003 of the European Parliament and of the Council (3) for imports of certain commodities from third countries. The salmonella control status and related restrictions are indicated in column 9 of the table in Part 1 of Annex I to Regulation (EC) No 798/2008.

(4)

Article 1(3) of Regulation (EC) No 2160/2003 states that this Regulation does not apply to primary production of poultry for private domestic use or leading to the direct supply, by the producer, of small quantities of primary products to the final consumer or to local retail establishments directly supplying the primary products to the final consumer.

(5)

Article 14(1) of Regulation (EC) No 798/2008 lays down the specific conditions for imports of certain commodities as regards the requirements after import as detailed in Annexes VIII and IX to that Regulation. According to Article 14(2) these conditions shall not apply to consignments of less than 20 units of poultry other than ratites, hatching eggs and day-old chicks thereof.

(6)

In order to ensure a uniform application of Union legislation to imports of single consignments of less than 20 units of poultry other than ratites, hatching eggs and day-old chicks thereof, it is appropriate to amend Articles 5 and 14 of Regulation (EC) No 798/2008 in order to define which conditions should be met for such consignments.

(7)

The amendment to Article 5 should provide that the requirements of Articles 6 and 7 for laboratory testing procedures and disease reporting applicable for imports of poultry other than ratites, hatching eggs and day-old chicks thereof, should also be met for imports into and transit through the Union of single consignments of less than 20 units of these commodities as these measures significantly reduce the risk of disease introduction via these commodities.

(8)

Article 5 should also be amended to indicate that the conditions concerning the approval of a salmonella control programme and related restrictions for imports and transit do not apply to primary production of poultry for private domestic use or leading to the direct supply, by the producer, of small quantities of primary products to the final consumer or to local retail establishments directly supplying the primary products to the final consumer. However, a laboratory test as laid down in Annex III to Regulation (EC) No 798/2008 should be carried out before dispatch of such consignments.

(9)

With regard to the third country's salmonella control status a footnote (6) should be inserted in column 9 of Part 1 of Annex I to Regulation (EC) No 798/2008 indicating that compliance with salmonella control programmes is not required under the above conditions.

(10)

In view of scientific developments in laboratory techniques and due to new legal requirements, the requirements for sampling and testing for ‘Salmonella of public health significance’ laid down in point 7 of Section I of Annex III to Regulation (EC) No 798/2008 should be updated and refer to the sampling protocol laid down in point 2.2 of the Annex to Commission Regulation (EU) No 200/2010 (4).

(11)

The veterinary certificates for imports and transit of breeding and productive poultry (BPP), day-old chicks (DOC) and hatching eggs (HEP) do not foresee certification for the specific requirements that must be met for consignments of less than 20 units of poultry other than ratites, hatching eggs and day-old chicks thereof. It is therefore appropriate to establish a model veterinary certificate ‘LT20’ which contains the animal and public health requirements applicable to such consignments.

(12)

Part 1 of Annex I to Regulation (EC) No 798/2008 should be amended to indicate in column 4 from which third countries, territories, zones or compartments, imports of single consignments of less than 20 units of poultry other than ratites, hatching eggs and day-old chicks thereof may be authorised in accordance with the requirements set out in the model veterinary certificate ‘LT20’.

(13)

In addition, outdated references to Union acts in Annexes III, VIII and IX to Regulation (EC) No 798/2008 should be updated.

(14)

Regulation (EC) No 798/2008 should therefore be amended accordingly.

(15)

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

HAS ADOPTED THIS REGULATION:

Article 1

Regulation (EC) No 798/2008 is amended as follows:

(1)

Article 5 is replaced by the following:

‘Article 5

Conditions for imports and transit

1.   Commodities imported into and transiting through the Union shall comply with the following:

(a)

the conditions laid down in Articles 6 and 7 and in Chapter III;

(b)

the additional guarantees, as specified in column 5 of the table in Part 1 of Annex I;

(c)

the specific conditions set out in column 6, and where appropriate, the closing dates set out in column 6A and the opening dates set out in column 6B, of the table in Part 1 of Annex I;

(d)

the conditions in relation to the approval of a salmonella control programme and related restrictions which shall only apply when indicated in the appropriate column of the table in Part 1 of Annex I;

(e)

the animal health additional guarantees, where required by the Member State of destination and referred to in the certificate.

2.   The following conditions set out in paragraph 1 shall not apply to single consignments of less than 20 units of poultry other than ratites, hatching eggs and day-old chicks thereof:

(a)

point (b);

(b)

point (d) when destined for primary production of poultry for private domestic use or leading to the direct supply, by the producer, of small quantities of primary products as referred to in Article 1(3) of Regulation (EC) No 2160/2003.’

(2)

Article 14 is replaced by the following:

‘Article 14

Specific conditions for imports of poultry, hatching eggs and day-old chicks

1.   In addition to the conditions laid down in Chapters II and III, the following specific conditions shall apply to imports of:

(a)

breeding and productive poultry other than ratites, hatching eggs and day-old chicks thereof, the requirements set out in Annex VIII;

(b)

ratites for breeding and production, hatching eggs and day-old chicks thereof, the requirements set out in Annex IX.

2.   The specific conditions referred to in paragraph 1(a) and (b) shall not apply to single consignments of less than 20 units of poultry other than ratites, hatching eggs and day-old chicks thereof. However, the requirements applicable after import set out in Section II of Annex VIII shall apply to those consignments.’

(3)

Annexes I, III, VIII and IX are amended in accordance with the Annex to this Regulation.

Article 2

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

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

Done at Brussels, 4 December 2015.

For the Commission

The President

Jean-Claude JUNCKER


(1)   OJ L 343, 22.12.2009, p. 74.

(2)  Commission Regulation (EC) No 798/2008 of 8 August 2008 laying down a list of third countries, territories, zones or compartments from which poultry and poultry products may be imported into and transit through the Community and the veterinary certification requirements (OJ L 226, 23.8.2008, p. 1).

(3)  Regulation (EC) No 2160/2003 of the European Parliament and of the Council of 17 November 2003 on the control of salmonella and other specified food-borne zoonotic agents (OJ L 325, 12.12.2003, p. 1).

(4)  Commission Regulation (EU) No 200/2010 of 10 March 2010 implementing Regulation (EC) No 2160/2003 of the European Parliament and of the Council as regards a Union target for the reduction of the prevalence of Salmonella serotypes in adult breeding flocks of Gallus gallus (OJ L 61, 11.3.2010, p. 1).


ANNEX

Annexes I, III, VIII and IX to Regulation (EC) No 798/2008 are amended as follows:

(1)

Annex I is amended as follows:

(a)

Part 1 is replaced by the following:

‘PART 1

List of third countries, territories, zones or compartments

ISO code and name of third country or territory

Code of third country, territory, zone or compartment

Description of third country, territory, zone or compartment

Veterinary certificate

Specific conditions

Specific conditions

Avian influenza surveillance status

Avian influenza vaccination status

Salmonella control status (6)

Model(s)

Additional guarantees

Closing date (1)

Opening date (2)

1

2

3

4

5

6

6A

6B

7

8

9

AL — Albania

AL-0

Whole country

EP, E

 

 

 

 

 

 

S4

AR — Argentina

AR-0

Whole country

SPF

 

 

 

 

 

 

 

POU, RAT, EP, E

 

 

 

 

A

 

S4

WGM

VIII

 

 

 

 

 

 

AU — Australia

AU-0

Whole country

SPF

 

 

 

 

 

 

 

EP, E

 

 

 

 

 

 

S4

BPP, DOC, HEP, SRP, LT20

 

 

 

 

 

 

S0, ST0

BPR

I

 

 

 

 

 

 

DOR

II

 

 

 

 

 

 

HER

III

 

 

 

 

 

 

POU

VI

 

 

 

 

 

 

RAT

VII

 

 

 

 

 

 

BR — Brazil

BR-0

Whole country

SPF

 

 

 

 

 

 

 

BR-1

States of:

Rio Grande do Sul, Santa Catarina, Paraná, São Paulo and Mato Grosso do Sul

RAT, BPR, DOR, HER, SRA

 

N

 

 

A

 

 

BR-2

States of:

Mato Grosso, Paraná, Rio Grande do Sul, Santa Catarina and São Paulo

BPP, DOC, HEP, SRP, LT20

 

N

 

 

 

S5, ST0

BR-3

Distrito Federal and States of:

Goiás, Minas Gerais, Mato Grosso, Mato Grosso do Sul, Paraná, Rio Grande do Sul, Santa Catarina and São Paulo

WGM

VIII

 

 

 

 

 

 

EP, E, POU

 

N

 

 

 

 

S4

BW — Botswana

BW-0

Whole country

SPF

 

 

 

 

 

 

 

EP, E

 

 

 

 

 

 

S4

BPR

I

 

 

 

 

 

 

DOR

II

 

 

 

 

 

 

HER

III

 

 

 

 

 

 

RAT

VII

 

 

 

 

 

 

BY — Belarus

BY — 0

Whole country

EP and E (both “for transit only through Lithuania”)

IX

 

 

 

 

 

 

CA — Canada

CA-0

Whole country

SPF

 

 

 

 

 

 

 

EP, E

 

 

 

 

 

 

S4

CA-1

The whole country of Canada excluding area CA-2

WGM

VIII

 

 

 

 

 

 

BPR, BPP, DOC, DOR, HEP, HER, SRP, SRA, LT20

 

N

 

 

A

 

S1, ST1

POU, RAT

 

N

 

 

 

 

 

CA-2

Territory of Canada corresponding to:

 

 

 

 

 

 

 

 

CA-2.1

“Primary Control Zone”

delimited by the following boundaries:

on the west, the Pacific Ocean;

on the south, the border to the United States of America;

on the north, Highway 16;

on the east, the border between the Provinces of British Columbia and Alberta.

WGM

VIII

P2

4.12.2014

9.6.2015

 

 

 

POU, RAT

 

N, P2

 

 

 

BPR, BPP, DOC, DOR, HEP, HER, SRP, SRA, LT20

 

A

 

S1, ST1

CA-2.2

Area in the Province of Ontario delimited by the following boundaries:

from County Road 119 where it meets County Road 64 and 25th Line;

North on 25th Line to where it meets Road 68, travelling east on Road 68 to where it again meets 25th Line and continuing north on 25th Line to 74 Road;

East on 74 Road from 25th line to 31st line;

North on 31st Line from 74 Road to 78 Road;

East on 78 Road from 31st Line to 33rd Line;

33rd Line north from 78 Road to 84 Road;

East on 84 Road from 33rd Line to Highway 59;

South on Highway 59 from 84 Road to Road 78;

East on Road 78 from Highway 59 to 13th Line;

South on 13 Line from 78 Road to Oxford Road 17;

East on Oxford road 17 from 13 line to Oxford Road 4;

South on Oxford Road 4 from Oxford Road 17 to County Road 15;

East on County Road 15, crossing Highway 401, from Oxford Road 4 to Middletown Line;

Middletown Line south, crossing highway 403, from County Road 15 to Old Stage Road;

Old Stage Road West from Middletown Line to County Road 59;

South on County Road 59 from Old Stage Road to Curries Road;

West on Curries Road from County Road 59 to Cedar Line;

Cedar Line South from Curries Road to Rivers Road;

Rivers Road South West from Cedar Line to Foldens Line;

Foldens Line North West from Rivers Road to Sweaburg Road;

Sweaburg Road South West from Foldens Line to Harris Street;

Harris Street North West from Sweaburg Road to Highway 401;

Highway 401 West from Harris Street to Ingersoll Street, (County Road 10);

Ingersoll Street (County Road 10) North from Highway 401 to County Road 119;

County Road 119 from Ingersoll Street (County Road 10) to the origin where County Road 119 meets 25 Line.

WGM

VIII

P2

8.4.2015

 

 

 

 

POU, RAT

 

N, P2

8.10.2015

 

 

 

BPR, BPP, DOC, DOR, HEP, HER, SRP, SRA, LT20

A

 

S1, ST1

CA-2.3

Area in the Province of Ontario delimited by the following boundaries:

Twnshp Rd 4, west from where it crosses Highway 401 to Blandford Road;

North on Blandford Road from Twnshp Rd 4 to Oxford-Waterloo Road;

East on Oxford-Waterloo Road from Blandford Road to Walker Road;

North on Walker Road from Oxford-Waterloo Road to Bridge St;

East on Bridge St from Walker Road to Puddicombe Road;

North on Puddicombe Road from Bridge St to Bethel Road;

East on Bethel Road from Puddicombe road to Queen Street;

South on Queen Street from Bethel Road to Bridge street;

East on Bridge Street from Queen Street to Trussler Road;

Trussler Road south from Bridge Street to Oxford Road 8;

Oxford Road 8 east from Trussler Road to Northumberland Street;

South on Northumberland St from Oxford Road 8, continuing as Swan Street/Ayr Road to Brant Waterloo Road;

West on Brant Waterloo Road from Swan St/Ayr Road to Trussler Road;

South on Trussler Road from Brant Waterloo Road to Township Road 5;

West on Township Road 5 from Trussler Road to Blenheim Road;

South on Blenheim Road from Township Road 5 to Township Road 3;

West on Township Road 3 from Blenheim Road to Oxford Road 22;

North on Oxford Road 22 from Township Road 3 to Township Road 4;

West on Township Road 4 from Oxford Road 22 to Highway 401.

WGM

VIII

P2

8.4.2015

8.10.2015

 

 

 

POU, RAT

 

N,

P2

 

 

 

BPR, BPP, DOC, DOR, HEP, HER, SRP, SRA, LT20

 

A

 

S1, ST1

CH — Switzerland

CH-0

Whole country

 (3)

 

 

 

 

A

 

 (3)

CL — Chile

CL-0

Whole country

SPF

 

 

 

 

 

 

 

EP, E

 

 

 

 

 

 

S4

BPP, BPR, DOC, DOR, HEP, HER, SRP, SRA, LT20

 

N

 

 

A

 

S0, ST0

WGM

VIII

 

 

 

 

 

 

POU, RAT

 

N

 

 

 

 

 

CN — China

CN-0

Whole country

EP

 

 

 

 

 

 

 

CN-1

Province of Shandong

POU, E

VI

P2

6.2.2004

 

 

S4

GL — Greenland

GL-0

Whole country

SPF

 

 

 

 

 

 

 

EP, WGM

 

 

 

 

 

 

 

HK — Hong Kong

HK-0

The whole territory of the Hong Kong Special Administrative Region

EP

 

 

 

 

 

 

 

IL — Israel (5)

IL-0

Whole country

SPF

 

 

 

 

 

 

 

BPP, BPR, DOC, DOR, HEP, HER, LT20

X

N

 

 

A

 

S5, ST1

SRP

 

P3

18.4.2015

 

 

 

 

POU, RAT

X

N

 

 

 

 

 

WGM

VIII

P3

18.4.2015

 

 

 

 

E

X

 

 

 

 

 

S4

EP

 

 

 

 

 

 

 

IN — India

IN-0

Whole country

EP

 

 

 

 

 

 

 

IS — Iceland

IS-0

Whole country

SPF

 

 

 

 

 

 

 

EP, E

 

 

 

 

 

 

S4

KR — Republic of Korea

KR-0

Whole country

EP, E

 

 

 

 

 

 

S4

MD — Moldova

MD-0

Whole country

EP

 

 

 

 

 

 

 

ME — Montenegro

ME-0

Whole country

EP

 

 

 

 

 

 

 

MG — Madagascar

MG-0

Whole country

SPF

 

 

 

 

 

 

 

EP, E, WGM

 

 

 

 

 

 

S4

MY — Malaysia

MY-0

 

 

 

 

 

 

 

MY-1

Western Peninsular

EP

 

 

 

 

 

 

 

E

 

 

 

 

 

 

S4

MK — the former Yugoslav Republic of Macedonia (4)

MK-0 (4)

Whole country

EP

 

 

 

 

 

 

 

MX — Mexico

MX-0

Whole country

SPF

 

 

 

 

 

 

 

EP

 

P2

17.5.2013

 

 

 

 

NA — Namibia

NA-0

Whole country

SPF

 

 

 

 

 

 

 

BPR

I

 

 

 

 

 

 

DOR

II

 

 

 

 

 

 

HER

III

 

 

 

 

 

 

RAT, EP, E

VII

 

 

 

 

 

S4

NC — New Caledonia

NC-0

Whole country

EP

 

 

 

 

 

 

 

NZ — New Zealand

NZ-0

Whole country

SPF

 

 

 

 

 

 

 

BPP, BPR, DOC, DOR, HEP, HER, SRP, SRA, LT20,

 

 

 

 

 

 

S0, ST0

WGM

VIII

 

 

 

 

 

 

EP, E, POU, RAT

 

 

 

 

 

 

S4

PM — Saint Pierre and Miquelon

PM-0

Whole territory

SPF

 

 

 

 

 

 

 

RS — Serbia

RS-0

Whole country

EP

 

 

 

 

 

 

 

RU — Russia

RU-0

Whole country

EP, E, POU

 

 

 

 

 

 

S4

 

 

 

 

 

 

 

SG — Singapore

SG-0

Whole country

EP

 

 

 

 

 

 

 

TH — Thailand

TH-0

Whole country

SPF, EP

 

 

 

 

 

 

 

WGM

VIII

 

 

1.7.2012

 

 

 

POU, RAT

 

 

 

1.7.2012

 

 

 

E

 

 

 

1.7.2012

 

 

S4

TN — Tunisia

TN-0

Whole country

SPF

 

 

 

 

 

 

 

BPP, LT20, BPR, DOR, HER

 

 

 

 

 

 

S0, ST0

WGM

VIII

 

 

 

 

 

 

EP, E, POU, RAT

 

 

 

 

 

 

S4

TR — Turkey

TR-0

Whole country

SPF

 

 

 

 

 

 

 

EP, E

 

 

 

 

 

 

S4

UA — Ukraine

UA-0

Whole country

EP, E, POU, RAT, WGM

 

 

 

 

 

 

 

US — United States

US-0

Whole country

SPF

 

 

 

 

 

 

 

EP, E

 

 

 

 

 

 

S4

US-1

Area of the United States, excluding the territory US-2

WGM

VIII

 

 

 

 

 

 

POU, RAT

 

N

 

 

 

 

 

BPP, BPR, DOC, DOR, HEP, HER, SRP, SRA, LT20

 

 

 

A

 

S3, ST1

US-2

Area of the United States corresponding to:

 

 

 

 

 

 

 

 

US-2.1

State of Washington:

 

Benton County

 

Franklin County

WGM

VIII

P2

19.12.2014

7.4.2015

 

 

 

POU, RAT

 

N

P2

 

 

 

BPR, BPP, DOC, DOR, HEP, HER, SRP, SRA, LT20

 

A

 

S3, ST1

US-2.2

State of Washington:

Clallam County

WGM

VIII

P2

19.12.2014

11.5.2015

 

 

 

POU, RAT

 

N

P2

 

 

 

BPR, BPP, DOC, DOR, HEP, HER, SRP, SRA, LT20

 

A

 

S3, ST1

US-2.3

State of Washington:

Okanogan County (1):

(a)

North: Beginning at the intersection of US 97 WA 20 and S. Janis Road, turn right onto S. Janis Road. Turn left onto McLaughlin Canyon Road, then right onto Hardy Road, then turn left onto Chewilken Valley Road.

(b)

East: From Chewilken Valley Road, turn right onto JH Green Road, then left onto Hosheit Road, then left onto Tedrow Trail Road, then left onto Brown Pass Road to the boundary line of the Colville Tribe. Follow the Colville Tribe boundary west and then south until it crosses US 97 WA 20.

(c)

South: Turn right onto US 97 WA 20, then left onto Cherokee Road, then right onto Robinson Canyon Road. Turn left onto Bide A Wee Road, then left onto Duck Lake Road, then right onto Soren Peterson Road, then left onto Johnson Creek Road, then right onto George Road. Turn left onto Wetherstone Road, then right onto Eplay Road.

(d)

West: From Eplay Road, turn right onto Conconully Road/6th Avenue N., then left onto Green Lake Road, then right onto Salmon Creek Road, then right onto Happy Hill Road, then left onto Conconully Road (turns into Main Street). Turn right onto Broadway, then left onto C Street, then right onto Lake Street E, then right onto Sinlahekin Road, then right onto S. Fish Lake Road, then right onto Fish Lake Road. Turn left onto N. Pine Creek Road, then right onto Henry Road (turns into N. Pine Creek Road), then right onto Indian Springs Road, then right onto Hwy 7, ending at US 97 WA 20.

WGM

VIII

P2

29.1.2015

16.6.2015

 

 

 

POU, RAT

 

N

P2

 

 

 

BPR, BPP, DOC, DOR, HEP, HER, SRP, SRA, LT20

 

A

 

S3, ST1

US-2.4

State of Washington:

Okanogan County (2):

(a)

North. Beginning where US Hwy 95 intersects with the Canadian border, continue East along the Canadian border, then turn right onto 9 Mile Road (County Hwy 4777).

(b)

East. From 9 Mile Road, turn right onto Old Hwy 4777, which turns South onto Molson Road. Turn right onto Chesaw Road, then left onto Forest Service 3525, then left onto Forest Development Road 350, which turns into Forest Development Road 3625. From there, head due west and turn left onto Forest Service 3525, then right onto Rone Road, then right onto Box Spring Road, then left onto Mosquito Creek Road, and then right onto Swanson Mill Road.

(c)

South. From Swanson Mill Road, turn left onto O'Neil Road, then merge south onto 97N. Turn right onto Ellis Forde Bridge Road, then left onto Janis Oroville (SR 7), then right onto Loomis Oroville Road, then right onto Wannact Lake Road, then left onto Ellemeham Moutain Road, then left onto Earth Dam Road, then le onto an unnamed road, then right onto an unnamed road, then right onto another unnamed road, then left onto an unnamed road, and then left onto another unnamed road.

(d)

West: From the unnamed road, turn right onto Loomis Oroville Road, then left onto Smilkameen Road to the Canadian Border.

WGM

VIII

P2

3.2.2015

6.5.2015

 

 

 

POU, RAT

 

N

P2

 

 

 

BPR, BPP, DOC, DOR, HEP, HER, SRP, SRA, LT20

 

A

 

S3, ST1

 

US-2.5

State of Oregon:

Douglas County

WGM

VIII

P2

19.12.2014

23.3.2015

 

 

 

POU, RAT

 

N

P2

 

 

 

BPR, BPP, DOC, DOR, HEP, HER, SRP, SRA, LT20

 

A

 

S3, ST1

 

US-2.6

State of Oregon:

Deschutes County

WGM

VIII

P2

14.2.2015

19.5.2015

 

 

 

POU, RAT

 

N

P2

 

 

 

BPR, BPP, DOC, DOR, HEP, HER, SRP, SRA, LT20

 

A

 

S3, ST1

 

US-2.7

State of Oregon:

Malheur County

WGM

VIII

P2

20.1.2015

11.5.2015

 

 

 

POU, RAT

 

N

P2

 

 

 

BPR, BPP, DOC, DOR, HEP, HER, SRP, SRA, LT20

 

A

 

S3, ST1

State of Idaho:

 

Canyon County

 

Payette County

WGM

VIII

P2

 

 

 

POU, RAT

 

N

P2

 

 

 

BPR, BPP, DOC, DOR, HEP, HER, SRP, SRA, LT20

 

A

 

S3, ST1

 

US-2.8

State of California:

Stanislaus County/Tuolumne County:

A zone of a 10 km radius starting with N point on the circular Control Zone border and extending in a clockwise fashion:

(a)

North: 2,5 miles east from intersection between State Hwy. 108 and Williams Road.

(b)

North-east: 1,4 miles southeast from intersection between Rock River Dr and Tulloch Road.

(c)

East: 2,0 miles northwest from intersection between Milpitas Road and Las Cruces Road.

(d)

South-east: 1,58 miles east of the north end of Rushing Road.

(e)

South: 0,70 miles south of intersection between State Highway132 and Crabtree Road.

(f)

South-west: 0,8 miles south-east of intersection between Hazel Dean Road and Loneoak Road.

(g)

West: 2,5 miles south-west of intersection between Warnerville Road and Tim Bell Road.

(h)

North-west: 1,0 mile south-east of intersection between CA-120 and Tim Bell Road.

WGM

VIII

P2

23.1.2015

5.5.2015

 

 

 

POU, RAT

 

N

P2

 

 

 

BPR, BPP, DOC, DOR, HEP, HER, SRP, SRA, LT20

 

A

 

S3, ST1

 

US-2.9

State of California:

Kings County:

A zone of a 10 km radius starting with N point on the circular Control Zone border and extending in a clockwise fashion:

(a)

North: 0,58 miles north of Kansas Avenue

(b)

NE — 0,83 miles east from CA-43.

(c)

East: 0,04 miles east from 5th Avenue

(d)

South-east: 0,1 miles east of intersection between Paris Avenue and 7th Avenue

(e)

South: 1,23 miles north of Redding Avenue

(f)

South-west: 0,6 miles west of intersection of Paris Avenue and 15th Avenue

(g)

West: 1,21 miles east of 19th Avenue

(h)

North-west: 0,3 miles north of intersection of Laurel Avenue and 16th Avenue

WGM

VIII

P2

12.2.2015

26.5.2015

 

 

 

POU, RAT

 

N

P2

 

 

 

BPR, BPP, DOC, DOR, HEP, HER, SRP, SRA, LT20

 

A

 

S3, ST1

US-2.10

State of Minnesota

WGM

VIII

P2

5.3.2015

 

 

 

 

POU, RAT

 

N

P2

 

 

 

BPR, BPP, DOC, DOR, HEP, HER, SRP, SRA, LT20

 

A

 

S3, ST1

US-2.11.1

State of Missouri:

 

Barton County

 

Jasper County

WGM

VIII

P2

8.3.2015

18.6.2015

 

 

 

POU, RAT

 

N

P2

 

 

 

BPR, BPP, DOC, DOR, HEP, HER, SRP, SRA, LT20

 

A

 

S3, ST1

 

US-2.11.2

State of Missouri:

 

Moniteau County

 

Morgan County

WGM

VIII

P2

10.3.2015

11.6.2015

 

 

 

POU, RAT

 

N

P2

 

 

 

BPR, BPP, DOC, DOR, HEP, HER, SRP, SRA, LT20

 

A

 

S3, ST1

US-2.11.3

State of Missouri:

Lewis County

WGM

VIII

P2

5.5.2015

20.9.2015

 

 

 

POU, RAT

 

N

P2

 

 

 

BPR, BPP, DOC, DOR, HEP, HER, SRP, SRA, LT20

 

A

 

S3, ST1

 

US-2.13

State of Arkansas:

 

Boone County

 

Marion County

WGM

VIII

P2

11.3.2015

13.7.2015

 

 

 

POU, RAT

 

N

P2

 

 

 

BPR, BPP, DOC, DOR, HEP, HER, SRP, SRA, LT20

 

A

 

S3, ST1

 

US-2.14

State of Kansas:

 

Leavenworth County

 

Wyandotte County

WGM

VIII

P2

13.3.2015

12.6.2015

 

 

 

POU, RAT

 

N

P2

 

 

 

BPR, BPP, DOC, DOR, HEP, HER, SRP, SRA, LT20

 

A

 

S3, ST1

 

US-2.15

State of Kansas:

 

Cherokee County

 

Crawford County

WGM

VIII

P2

9.3.2015

18.6.2015

 

 

 

POU, RAT

 

N

P2

 

 

 

BPR, BPP, DOC, DOR, HEP, HER, SRP, SRA, LT20

 

A

 

S3, ST1

US-2.16

State of Montana:

 

Fergus County

 

Judith Basin County

WGM

VIII

P2

2.4.2015

2.7.2015

 

 

 

POU, RAT

 

N

P2

 

 

 

BPR, BPP, DOC, DOR, HEP, HER, SRP, SRA, LT20

 

A

 

S3, ST1

US-2.17

State of North Dakota:

 

Dickey County

 

La Moure County

WGM

VIII

P2

11.4.2015

27.7.2015

 

 

 

POU, RAT

 

N

P2

 

 

 

BPR, BPP, DOC, DOR, HEP, HER, SRP, SRA, LT20

 

 

 

S3, ST1

US-2.18

State of South Dakota:

 

Beadle County

 

Bon Homme County

 

Brookings County

 

Brown County

 

Hutchinson County

 

Kingsbury County

 

Lake County

 

McCook County

 

McPherson County

 

Minnehaha County

 

Moody County

 

Roberts County

 

Spink County

 

Yankton County

WGM

VIII

P2

1.4.2015

10.9.2015

 

 

 

POU, RAT

 

N

P2

 

 

 

BPR, BPP, DOC, DOR, HEP, HER, SRP, SRA, LT20

 

A

 

S3, ST1

 

US-2.19.1

State of Wisconsin:

Barron County

WGM

VIII

P2

16.4.2015

18.8.2015

 

 

 

POU, RAT

 

N

P2

 

 

 

BPR, BPP, DOC, DOR, HEP, HER, SRP, SRA, LT20

 

A

 

S3, ST1

US-2.19.2

State of Wisconsin:

Jefferson County

WGM

VIII

P2

11.4.2015

17.8.2015

 

 

 

POU, RAT

 

N

P2

 

 

 

BPR, BPP, DOC, DOR, HEP, HER, SRP, SRA, LT20

 

A

 

S3, ST1

US-2.19.3

State of Wisconsin:

Chippewa County

WGM

VIII

P2

23.4.2015

29.7.2015

 

 

 

POU, RAT

 

N,

P2

 

 

 

BPR, BPP, DOC, DOR, HEP, HER, SRP, SRA, LT20

 

A

 

S3, ST1

US-2.19.4

State of Wisconsin:

Juneau County

WGM

VIII

P2

17.4.2015

6.8.2015

 

 

 

POU, RAT

 

N,

P2

 

 

 

BPR, BPP, DOC, DOR, HEP, HER, SRP, SRA, LT20

 

A

 

S3, ST1

US-2.20.1

State of Iowa:

 

Buena Vista County

 

Calhoun County

 

Cherokee County

 

Clay County

 

Dickinson County

 

Emmet County

 

Hamilton County

 

Hardin County

 

Humboldt County

 

IDA County

 

Kossuth County

 

Lyon County

 

O'Brien County

 

Osceola County

 

Palo Alto County

 

Plymouth County

 

Pocahontas County

 

Sac County

 

Sioux County

 

Webster County

 

Woodbury County

 

Wright County

WGM

VIII

P2

14.4.2015

11.11.2015

 

 

 

POU, RAT

 

N

P2

 

 

 

BPR, BPP, DOC, DOR, HEP, HER, SRP, SRA, LT20

 

A

 

S3, ST1

US-2.20.2

State of Iowa:

 

Adair County

 

Guthrie County

 

Madison County

WGM

VIII

P2

4.5.2015

9.9.2015

 

 

 

POU, RAT

 

N

P2

 

 

 

BPR, BPP, DOC, DOR, HEP, HER, SRP, SRA, LT20

 

A

 

S3, ST1

 

US-2.21

State of Indiana:

Whitley County

WGM

VIII

P2

10.5.2015

8.8.2015

 

 

 

POU, RAT

 

N

P2

 

 

 

BPR, BPP, DOC, DOR, HEP, HER, SRP, SRA, LT20

 

A

 

S3, ST1

 

US-2.22

State of Nebraska:

 

Dakota County

 

Dixon County

 

Thurston County

 

Wayne County

WGM

VIII

P2

11.5.2015

21.10.2015

 

 

 

POU, RAT

 

N

P2

 

 

 

BPR, BPP, DOC, DOR, HEP, HER, SRP, SRA, LT20

 

A

 

S3, ST1

UY — Uruguay

UY-0

Whole country

SPF

 

 

 

 

 

 

 

EP, E, RAT

 

 

 

 

 

 

S4

ZA — South Africa

ZA-0

Whole country

SPF

 

 

 

 

 

 

 

EP, E

 

 

 

 

 

 

S4

BPR

I

P2

9.4.2011

 

A

 

 

DOR

II

 

 

 

HER

III

 

 

 

RAT

VII

H

9.4.2011

25.8.2015

 

 

 

ZW — Zimbabwe

ZW-0

Whole country

RAT

VII

 

 

 

 

 

 

EP, E

 

 

 

 

 

 

S4

(b)

Part 2 is amended as follows:

(i)

in the section listing the Model veterinary certificates, the following entry is inserted after the entry for ‘SRA’: Model veterinary certificate for slaughter ratites and before the entry for ‘POU’: Model veterinary certificate for meat of poultry:

‘“LT20”: Model veterinary certificate for single consignments of less than 20 units of poultry other than ratites, hatching eggs and day-old chicks thereof’

(ii)

the following Model veterinary certificate for single consignments of less than 20 units of poultry other than ratites, hatching eggs and day-old chicks thereof ‘LT20’ is inserted after the Model veterinary certificate for slaughter ratites ‘SRA’ and before the Model veterinary certificate for meat of poultry ‘POU’:

Model veterinary certificate for single consignments of less than 20 units of poultry other than ratites, hatching eggs and day-old chicks thereof (LT20)

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(2)

In Annex III, Section I is amended as follows:

(a)

In the third indent of point (2), the reference to Directive ‘90/539/EEC’ is replaced by the reference to Directive ‘2009/158/EC’;

(b)

In the first indent of point (3), the reference to Directive ‘90/539/EEC’ is replaced by the reference to Directive ‘2009/158/EC’;

(c)

In the first indent of point (4), the reference to Directive ‘90/539/EEC’ is replaced by the reference to Directive ‘2009/158/EC’;

(d)

In the first indent of point (5), the reference to Directive ‘90/539/EEC’ is replaced by the reference to Directive ‘2009/158/EC’;

(e)

In point (6), the reference to Directive ‘90/539/EEC’ is replaced by the reference to Directive ‘2009/158/EC’;

(f)

Point (7) is replaced by the following:

‘7.   Salmonella of public health significance

Sampling shall be carried out in accordance with the sampling protocol laid down in point 2.2 of the Annex to Commission Regulation (EU) No 200/2010.

The detection method recommended by the EU reference laboratory (EURL) for salmonella in Bilthoven, the Netherlands, or an equivalent method shall be used. That method is described in the current version of Annex D of ISO 6579 (2002): “Detection of Salmonella spp. in animal faeces and in samples of the primary production stage”. For that detection method, a semi-solid medium (modified semi-solid Rappaport-Vassiladis medium, MSRV) is used as the single selective enrichment medium.

Serotyping shall be carried out following the Kauffmann-White scheme or an equivalent method.’

(3)

Annex VIII is amended as follows:

(a)

In point (1) of Section I, the reference to Directive ‘90/539/EEC’ is replaced by the reference to Directive ‘2009/158/EC’;

(b)

In point (2) of Section II, the reference to Directive ‘90/539/EEC’ is replaced by the reference to Directive ‘2009/158/EC’.

(4)

In point (c) of Section IV of Annex IX, the reference to Directive ‘90/539/EEC’ is replaced by the reference to Directive ‘2009/158/EC’.


(1)  Commodities, including those transported on the high seas, produced before this date may be imported into the Union during a period of 90 days from this date.

(2)  Only commodities produced after this date may be imported into the Union.

(3)  In accordance with the agreement between the European Union and the Swiss Confederation on trade in agricultural products (OJ L 114, 30.4.2002, p. 132).

(4)  The former Yugoslav Republic of Macedonia: the definitive nomenclature for this country will be agreed following current negotiations at UN level.

(5)  Hereafter understood as the State of Israel, excluding the territories under Israeli administration since June 1967, namely the Golan Heights, the Gaza Strip, East Jerusalem and the rest of the West Bank.

(6)  Restrictions relating to salmonella control programmes as listed in Part 2 do not apply for single consignments of less than 20 units of poultry other than ratites, hatching eggs and day-old chicks thereof, when destined for primary production of poultry for private domestic use or leading to the direct supply, by the producer, of small quantities of primary products to the final consumer or to local retail establishments directly supplying the primary products to the final consumer and certified in accordance with the model veterinary certificate LT20.’


5.12.2015   

EN

Official Journal of the European Union

L 321/56


COMMISSION IMPLEMENTING REGULATION (EU) 2015/2259

of 4 December 2015

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 Regulation (EU) No 1308/2013 of the European Parliament and of the Council of 17 December 2013 establishing a common organisation of the markets in agricultural products and repealing Council Regulations (EEC) No 922/72, (EEC) No 234/79, (EC) No 1037/2001 and (EC) No 1234/2007 (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, 4 December 2015.

For the Commission,

On behalf of the President,

Jerzy PLEWA

Director-General for Agriculture and Rural Development


(1)   OJ L 347, 20.12.2013, p. 671.

(2)   OJ L 157, 15.6.2011, p. 1.


ANNEX

Standard import values for determining the entry price of certain fruit and vegetables

(EUR/100 kg)

CN code

Third country code (1)

Standard import value

0702 00 00

MA

78,9

TR

83,5

ZZ

81,2

0707 00 05

MA

95,7

TR

152,2

ZZ

124,0

0709 93 10

MA

71,3

TR

159,2

ZZ

115,3

0805 10 20

MA

83,9

TR

50,5

UY

52,1

ZA

70,1

ZZ

64,2

0805 20 10

MA

72,9

ZZ

72,9

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

TR

89,7

ZA

96,8

ZZ

93,3

0805 50 10

TR

109,2

ZZ

109,2

0808 10 80

AU

155,4

CA

159,0

CL

92,5

NZ

213,1

US

116,7

ZA

123,2

ZZ

143,3

0808 30 90

CN

80,5

TR

154,7

ZZ

117,6


(1)  Nomenclature of countries laid down by Commission Regulation (EU) No 1106/2012 of 27 November 2012 implementing Regulation (EC) No 471/2009 of the European Parliament and of the Council on Community statistics relating to external trade with non-member countries, as regards the update of the nomenclature of countries and territories (OJ L 328, 28.11.2012, p. 7). Code ‘ZZ’ stands for ‘of other origin’.


DECISIONS

5.12.2015   

EN

Official Journal of the European Union

L 321/58


COMMISSION IMPLEMENTING DECISION (EU) 2015/2260

of 3 December 2015

repealing Decision 2008/630/EC on emergency measures applicable to crustaceans imported from Bangladesh and intended for human consumption

(notified under document C(2015) 8472)

(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 178/2002 of the European Parliament and of the Council of 28 January 2002 laying down the general principles and requirements of food law, establishing the European Food Safety Authority and laying down procedures in matters of food safety (1), and in particular Article 53(1)(b)(ii) thereof,

Whereas:

(1)

Commission Decision 2008/630/EC (2) was adopted following the detection of residues of veterinary medicinal products and unauthorised substances in crustaceans imported into the Union from Bangladesh and intended for human consumption (‘the products’).

(2)

Decision 2008/630/EC provides that Member States are to authorise the importation into the Union of the products, provided that they are accompanied by the results of an analytical test carried out at the place of origin to ensure that they do not present a danger to human health (‘the analytical test’).

(3)

A Commission audit (3) was carried out in Bangladesh from 20 April 2015 to 30 April 2015 (‘the audit’), in order to evaluate the control of residues and contaminants in live animals and animal products including controls on veterinary medicinal products. The audit report concluded that the system in place for residues controls in aquaculture offers guarantees equivalent to the requirements laid down in Union legislation.

(4)

The number of non-compliant consignments has decreased significantly.

(5)

Based on the results of the audit and on the very low number of non-compliant consignments, it appears unnecessary to require that consignments of the products imported into the Union from Bangladesh be accompanied by analytical tests. Decision 2008/630/EC should therefore be repealed.

(6)

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

HAS ADOPTED THIS DECISION:

Article 1

Decision 2008/630/EC is hereby repealed.

Article 2

This Decision is addressed to the Member States.

Done at Brussels, 3 December 2015.

For the Commission

Vytenis ANDRIUKAITIS

Member of the Commission


(1)   OJ L 31, 1.2.2002, p. 1.

(2)  Commission Decision 2008/630/EC of 24 July 2008 on emergency measures applicable to crustaceous imported from Bangladesh and intended for human consumption (OJ L 205, 1.8.2008, p. 49).

(3)  Final report of an audit carried out in Bangladesh from 20 April 2015 to 30 April 2015 in order to evaluate the control of residues and contaminants in live animals and animal products including controls on veterinary medicinal products — DG (SANTE) 2015-7517 — MR.

http://ec.europa.eu/food/fvo/audit_reports/details.cfm?rep_id=3501


ACTS ADOPTED BY BODIES CREATED BY INTERNATIONAL AGREEMENTS

5.12.2015   

EN

Official Journal of the European Union

L 321/60


DECISION No 1/2014 OF THE EU-GEORGIA ASSOCIATION COUNCIL

of 17 November 2014

adopting its Rules of Procedure and those of the Association Committee and of Sub-Committees [2015/2261]

THE EU-GEORGIA ASSOCIATION COUNCIL,

Having regard to the Association Agreement between the European Union and the European Atomic Energy Community and their Member States, of the one part, and Georgia, of the other part (1) (‘the Agreement’), and in particular Article 404 thereof,

Whereas:

(1)

In accordance with Article 431 of the Agreement, parts of the Agreement have been applied provisionally as of 1 September 2014.

(2)

Pursuant to Article 405(2) of the Agreement, the Association Council is to establish its own rules of procedure.

(3)

Pursuant to Article 407(1) of the Agreement, the Association Council is to be assisted in the performance of its duties and functions by an Association Committee whereas pursuant to Article 408(1) of the Agreement the Association Council is to determine in its rules of procedure the duties and functioning of the Association Committee,

HAS ADOPTED THIS DECISION:

Article 1

The Rules of Procedure of the Association Council and those of the Association Committee and of Sub-Committees, as set out in Annexes I and II respectively, are hereby adopted.

Article 2

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

Done at Brussels, 17 November 2014.

For the Association Council

The Chair

F. MOGHERINI


(1)   OJ L 261, 30.8.2014, p. 4.


ANNEX I

RULES OF PROCEDURE OF THE ASSOCIATION COUNCIL

Article 1

General provisions

1.   The Association Council established in accordance with Article 404(1) of the Association Agreement between the European Union and the European Atomic Energy Community and their Member States, of the one part, and Georgia, of the other part (‘the Agreement’), shall perform its duties as provided for in Articles 404 and 406 of the Agreement.

2.   As provided for in Article 405(1) of the Agreement, the Association Council shall be composed of members of the Council of the European Union and members of the European Commission, of the one part, and of members of the Government of Georgia, of the other. The composition of the Association Council shall take into consideration the specific issues to be addressed at any given meeting. The Association Council shall meet at ministerial level.

3.   As provided for in Article 406(1) of the Agreement, and for the purpose of attaining the objectives thereof, the Association Council shall have the power to take decisions that are binding upon the Parties. The Association Council shall take appropriate measures for the implementation of its decisions, including if necessary by empowering specific bodies established under the Agreement to act on its behalf. The Association Council may also make recommendations. It shall adopt its decisions and recommendations by agreement between the Parties after the completion of the respective internal procedures for their adoption. The Association Council may delegate its powers to the Association Committee.

4.   The Parties in these Rules of Procedure are those as defined in Article 428 of the Agreement.

Article 2

Chairmanship

The Parties shall hold the chairmanship of the Association Council, alternately, for a period of 12 months. The first period shall begin on the date of the first Association Council meeting and end on 31 December of the same year.

Article 3

Meetings

1.   The Association Council shall meet at least once a year, and when circumstances require, by mutual agreement of the Parties. Unless otherwise agreed by the Parties, the Association Council shall be held at the usual venue for meetings of the Council of the European Union.

2.   Each session of the Association Council shall be held at a date agreed by the Parties.

3.   The meetings of the Association Council shall be convened jointly by the Secretaries of the Association Council, in agreement with the Chair of the Association Council no later than 30 calendar days before the date of the meeting.

Article 4

Representation

1.   The members of the Association Council may be represented if unable to attend. If a member wishes to be so represented, he or she shall notify in writing the Chair of the Association Council of the name of his or her representative before the meeting at which the member is to be so represented.

2.   The representative of a member of the Association Council shall exercise all the rights of that member.

Article 5

Delegations

1.   The members of the Association Council may be accompanied by officials. Before each meeting, the Chair of the Association Council shall be informed, through the Secretariat of the Association Council, of the intended composition of the delegation of each Party.

2.   The Association Council may, by agreement between the Parties, invite representatives of other bodies of the Parties or independent experts in a subject-area to attend its meetings as observers or in order to provide information on particular subjects. The Parties shall agree on the terms and conditions under which those observers may attend the meetings.

Article 6

Secretariat

An official of the General Secretariat of the Council of the European Union and an official of Georgia shall act jointly as Secretaries of the Association Council.

Article 7

Correspondence

1.   Correspondence addressed to the Association Council shall be directed to the Secretary of either the Union or of Georgia who in turn will inform the other Secretary.

2.   The Secretaries of the Association Council shall ensure that correspondence is forwarded to the Chair of the Association Council and, where appropriate, circulated to the members of the Association Council.

3.   Correspondence so circulated shall be sent, as appropriate, to the General Secretariat of the European Commission, the European External Action Service, the Permanent Representations of the Member States to the European Union and to the General Secretariat of the Council of the European Union, as well as to the Mission of Georgia to the European Union.

4.   Communications from the Chair shall be sent to the addressees by the Secretaries on behalf of the Chair. Such communications shall be circulated, where appropriate, to the members of the Association Council as provided for in paragraph 3.

Article 8

Confidentiality

Unless otherwise decided by the Parties, the meetings of the Association Council shall not be public. When a Party submits information designated as confidential to the Association Council, the other Party shall treat that information as such.

Article 9

Agendas for meetings

1.   The Chair of the Association Council shall draw up a provisional agenda for each meeting of the Association Council. It shall be dispatched by the Secretaries of the Association Council to the addressees referred to in Article 7 no later than 15 calendar days before the meeting.

The provisional agenda shall include the items in respect of which the Chair has received a request for inclusion on the agenda no later than 21 calendar days before the beginning of the meeting. Such items shall not be written into the provisional agenda unless the relevant supporting documents have been sent to the Secretaries before the date of dispatch of the agenda.

2.   The agenda shall be adopted by the Association Council at the beginning of each meeting. Any item other than those appearing on the provisional agenda may be placed on the agenda if the Parties so agree.

3.   The Chair may reduce, in consultation with the Parties, the time limits specified in paragraph 1 in order to take account of the requirements of a particular case.

Article 10

Minutes

1.   Draft minutes of each meeting shall be drawn up jointly by the Secretaries of the Association Council.

2.   The minutes shall, as a general rule, indicate in respect of each item on the agenda:

(a)

the documentation submitted to the Association Council;

(b)

statements which a member of the Association Council requested to be entered in the minutes; and

(c)

issues agreed upon by the Parties, such as decisions adopted, statements agreed upon and any conclusions.

3.   The draft minutes shall be submitted to the Association Council for approval. The Association Council shall approve those draft minutes at its next meeting. Alternatively, those draft minutes can be approved in writing.

Article 11

Decisions and recommendations

1.   The Association Council shall take decisions and make recommendations by mutual agreement between the Parties and on completion of the respective internal procedures.

2.   The Association Council may also take decisions or make recommendations by written procedure if the Parties so agree. For this purpose, the text of the proposal shall be circulated in writing by the Chair of the Association Council to its members pursuant to Article 7, with a time limit of no less than 21 calendar days within which members shall make known any reservations or amendments they wish to make. The Chair may reduce the aforementioned time limit in order to take account of the requirements of a particular case, in consultation with the Parties.

3.   The acts of the Association Council, within the meaning of Article 406(1) of the Agreement, shall be entitled ‘Decision’ or ‘Recommendation’ respectively, followed by a serial number, the date of their adoption and a description of their subject-matter. Those decisions and recommendations of the Association Council shall be signed by the Chair and authenticated by the Secretaries of the Association Council. Those decisions and recommendations shall be circulated to each of the addressees referred to in Article 7 of these Rules of Procedure. Each Party may decide on the publication of the decisions and recommendations of the Association Council in its respective official publication.

4.   Each decision of the Association Council shall enter into force on the date of its adoption unless the decision provides otherwise.

Article 12

Languages

1.   The official languages of the Association Council shall be the official languages of the Parties.

2.   Unless otherwise decided, the Association Council shall base its deliberations on documentation prepared in those languages.

Article 13

Expenses

1.   Each Party shall meet any expenses which it incurs as a result of participating in the meetings of the Association Council, both with regard to staff, travel and subsistence expenditure and with regard to postal and telecommunications expenditure.

2.   Expenditure in connection with interpretation at meetings, translation and reproduction of documents shall be borne by the Union. In the event that Georgia requires interpretation or translation into and from languages other than those provided for in Article 12, expenses related thereto shall be borne by Georgia.

3.   Other expenditure relating to the material organisation of meetings shall be borne by the Party which hosts the meetings.

Article 14

Association Committee

1.   In accordance with Article 407(1) of the Agreement, the Association Council shall be assisted in carrying out its duties and functions by the Association Committee. The Association Committee shall be composed of representatives of the Parties, in principle at senior civil servant level.

2.   The Association Committee shall prepare the meetings and the deliberations of the Association Council, implement the decisions of the Association Council where appropriate and ensure continuity of the association relationship and the proper functioning of the Agreement in general. The Association Committee shall consider any matter referred to it by the Association Council as well as any other matter which may arise in the course of the implementation of the Agreement. The Association Committee shall submit proposals or any draft decisions or recommendations to the Association Council for its approval. In accordance with Article 408(2) of the Agreement, the Association Council may delegate the power to take decisions to the Association Committee.

3.   The Association Committee shall take the decisions and make the recommendations for which it has been authorised under the Agreement.

4.   In cases where the Agreement refers to an obligation to consult or a possibility of consultation or where the Parties decide by mutual agreement to consult each other, such consultation may take place within the Association Committee, except as otherwise provided for in the Agreement. The consultation may continue in the Association Council if the Parties so agree.

Article 15

Amendment of Rules of Procedure

These Rules of Procedure may be amended in accordance with Article 11.


ANNEX II

RULES OF PROCEDURE OF THE ASSOCIATION COMMITTEE AND OF SUB-COMMITTEES

Article 1

General provisions

1.   The Association Committee established in accordance with Article 407(1) of the Association Agreement between the European Union and the European Atomic Energy Community and their Member States, of the one part, and Georgia, of the other part (‘the Agreement’), shall assist the Association Council in the performance of its duties and functions and perform the tasks provided for in the Agreement and assigned to it by the Association Council. Pursuant to Article 408(1) of the Agreement, the Association Council shall determine in its Rules of Procedure the duties and functioning of the Association Committee.

2.   The Association Committee shall prepare the meetings and the deliberations of the Association Council, implement the decisions of the Association Council where appropriate and ensure continuity of the association relationship and the proper functioning of the Agreement in general. The Association Committee shall consider any matter referred to it by the Association Council as well as any other matter which may arise in the course of the day-to-day implementation of the Agreement. The Association Committee shall submit proposals or any draft decisions or recommendations for adoption to the Association Council.

3.   As provided for in Article 407(2) of the Agreement, the Association Committee shall be composed of representatives of the Parties, in principle at senior civil servant level, who are responsible for specific issues to be addressed at any given meeting.

4.   Pursuant to Article 408(4) of the Agreement, when the Association Committee in Trade configuration, as set out in Article 408(4) of the Agreement (‘the Association Committee in Trade configuration’), performs the tasks conferred upon it under Title IV of the Agreement, it shall be composed of senior officials of the European Commission and of Georgia who are responsible for trade and trade-related matters. A representative of the European Commission or of Georgia who is responsible for trade and trade-related matters shall act as Chair of the Association Committee in Trade configuration in accordance with Article 2 of these Rules of Procedure. The meetings will also be attended by a representative of the European External Action Service.

5.   As provided for in Article 408(3) of the Agreement the Association Committee shall have the power to adopt decisions in the cases provided for in the Agreement and in areas in which the Association Council has delegated powers to it. Those decisions shall be binding upon the Parties, which shall take appropriate measures to implement them. The Association Committee shall adopt its decisions by agreement between the Parties after the completion of the respective internal procedures for their adoption.

6.   The Parties in these Rules of Procedure shall be defined as provided for in Article 428 of the Agreement.

Article 2

Chairmanship

The Parties shall hold the chairmanship of the Association Committee, alternately, for a period of 12 months. The first period shall begin on the date of the first Association Council meeting and end on 31 December of the same year.

Article 3

Meetings

1.   Save as otherwise agreed by the Parties, the Association Committee shall meet regularly, at least once a year. Special sessions of the Association Committee may be held at the request of either Party, if the Parties so agree.

2.   Each meeting of the Association Committee shall be convened by its Chair at a place and on a date agreed by the Parties. The notice convening the meeting shall be issued by the Secretariat of the Association Committee no later than 28 calendar days prior to the start of the meeting, unless the Parties agree otherwise.

3.   The Association Committee in Trade configuration shall meet at least once a year and when circumstances require. Each meeting shall be convened by the Chair of the Association Committee in Trade configuration at a location, on a date and by the means agreed by the Parties. The notice convening the meeting shall be issued by the Secretariat of the Association Committee in Trade configuration no later than 15 calendar days prior to the start of the meeting, unless the Parties agree otherwise.

4.   Whenever possible, the regular meeting of the Association Committee shall be convened in due time in advance of the regular meeting of the Association Council.

5.   By way of exception and if the Parties so agree, the meetings of the Association Committee may be held by any agreed technological means such as videoconference.

Article 4

Delegations

Before each meeting, the Parties shall be informed, through the Secretariat of the Association Committee, of the intended composition of the delegations attending the meeting on either side.

Article 5

Secretariat

1.   An official of the Union and an official of Georgia shall act jointly as Secretaries of the Association Committee and shall execute secretarial tasks in a joint manner unless these Rules of Procedure provide otherwise, in a spirit of mutual trust and cooperation.

2.   An official of the European Commission and an official of Georgia who are responsible for trade and trade-related matters shall act jointly as Secretaries of the Association Committee in Trade configuration.

Article 6

Correspondence

1.   Correspondence addressed to the Association Committee shall be directed to the Secretary of the Association Committee of either Party, who in turn will inform the other Secretary.

2.   The Secretariat of the Association Committee shall ensure that correspondence addressed to the Association Committee is forwarded to the Chair of the Association Committee and circulated, where appropriate, as documents referred to in Article 7.

3.   Correspondence from the Chair shall be sent to the Parties by the Secretariat on behalf of the Chair. Such correspondence shall be circulated, where appropriate, as provided for in Article 7.

Article 7

Documents

1.   Documents shall be circulated through the Secretaries of the Association Committee.

2.   A Party shall transmit its documents to its Secretary. The Secretary shall transmit those documents to the Secretary of the other Party.

3.   The Secretary of the Union shall circulate the documents to the relevant representatives of the Union and shall copy systematically the Secretary of Georgia in such correspondence.

4.   The Secretary of Georgia shall circulate the documents to the relevant representatives of Georgia and shall copy systematically the Secretary of the Union in such correspondence.

Article 8

Confidentiality

Unless otherwise decided by the Parties, the meetings of the Association Committee shall not be public. When a Party submits information designated as confidential to the Association Committee, the other Party shall treat that information as such.

Article 9

Agendas for meetings

1.   A provisional agenda for each meeting of the Association Committee as well as draft operational conclusions as provided for in Article 10, shall be drawn up by the Secretariat of the Association Committee on the basis of proposals made by the Parties. The provisional agenda shall include items in respect of which the Secretariat of the Association Committee has received a request for inclusion in the agenda by a Party, supported by relevant documents, no later than 21 calendar days before the date of the meeting.

2.   The provisional agenda, together with the relevant documents, shall be circulated as provided for in Article 7 no later than 15 calendar days before the beginning of the meeting.

3.   The agenda shall be adopted by the Association Committee at the beginning of each meeting. Items other than those appearing on the provisional agenda may be placed on the agenda if the Parties so agree.

4.   The Chair of the meeting of the Association Committee may, upon agreement of the other Party, invite representatives of other bodies of the Parties or independent experts in a subject area on an ad hoc basis to attend its meetings in order to provide information on specific subjects. The Parties shall ensure that those observers or experts respect any confidentiality requirements.

5.   The Chair of the meeting of the Association Committee may reduce, in consultation with the Parties, the time limits provided for in paragraphs 1 and 2 in order to take account of special circumstances.

Article 10

Minutes and operational conclusions

1.   Draft minutes of each meeting of the Association Committee shall be drawn up jointly by the Secretaries of the Association Committee.

2.   The minutes shall, as a general rule, indicate in respect of each item on the agenda:

(a)

a list of participants at the meeting, a list of officials accompanying them and a list of any observers or experts who attended the meeting;

(b)

the documentation submitted to the Association Committee;

(c)

statements which the Association Committee requested to be entered in the minutes; and

(d)

operational conclusions from the meeting, as provided in paragraph 4.

3.   The draft minutes shall be submitted to the Association Committee for approval. The Association Committee shall approve those draft minutes at its next meeting. Alternatively, those draft minutes can be approved in writing. The draft minutes of the Association Committee in Trade configuration shall be approved within 28 calendar days of each meeting. A copy shall be sent to each of the addressees referred to in Article 7.

4.   Draft operational conclusions of each meeting shall be drawn up by the Secretary of the Association Committee of the Party holding the chairmanship of the Association Committee, and circulated to the Parties together with the agenda, normally no later than 15 calendar days before the beginning of the meeting. That draft shall be updated as the meeting proceeds so that at the end of the meeting, unless agreed otherwise by the Parties, the Association Committee adopts the operational conclusions, reflecting the follow-up actions agreed by the Parties. Once agreed, the operational conclusions shall be attached to the minutes and their implementation shall be reviewed during any subsequent meeting of the Association Committee. To that end, the Association Committee shall adopt a template, allowing for each action point to be tracked against a specific deadline.

Article 11

Decisions and recommendations

1.   In specific cases where the Agreement confers the power to take decisions or where such power has been delegated to it by the Association Council, the Association Committee shall take decisions. The Association Committee shall also make recommendations. Decisions and recommendations shall be made by mutual agreement between the Parties and on completion of the respective internal procedures. Each decision or recommendation shall be signed by the Chair of the Association Committee and authenticated by the Secretaries of the Association Committee.

2.   The Association Committee may take decisions or make recommendations by written procedure if the Parties so agree. The written procedure shall consist of an exchange of notes between the Secretaries, acting in agreement with the Parties. For that purpose, the text of the proposal shall be circulated pursuant to Article 7, with a time limit of no less than 21 calendar days within which any reservations or amendments shall be made known. The Chair may reduce the time limits specified in this paragraph in order to take account of special circumstances, in consultation with the Parties. Once the text is agreed, the decision or recommendation shall be signed by the Chair and authenticated by the Secretaries.

3.   The acts of the Association Committee shall be entitled ‘Decision’ or ‘Recommendation’ respectively. Each decision shall enter into force on the date of its adoption unless it provides otherwise.

4.   The decisions and recommendations shall be circulated to the Parties.

5.   Each Party may decide on the publication of the decisions and recommendations of the Association Committee in its respective official publication.

Article 12

Reports

The Association Committee shall report to the Association Council on its activities and those of its sub-committees, working groups and other bodies at each regular meeting of the Association Council.

Article 13

Languages

1.   The official languages of the Association Committee shall be the official languages of the Parties.

2.   The working languages of the Association Committee shall be English and Georgian. Unless otherwise decided, the Association Committee shall base its deliberations on documentation prepared in those languages.

Article 14

Expenses

1.   Each Party shall meet any expenses it incurs as a result of participating in the meetings of the Association Committee, both with regard to staff, travel and subsistence expenditure and with regard to postal and telecommunications expenditure.

2.   Expenditure in connection with the organisation of meetings and reproduction of documents shall be borne by the Party hosting the meeting.

3.   Expenditure in connection with interpreting at meetings and translation of documents into or from English and Georgian as referred to in Article 13(1) shall be borne by the Party hosting the meeting.

Interpreting and translation into or from other languages shall be borne directly by the requesting Party.

4.   In cases where translation of documents into the official languages of the Union is necessary, the expenditure shall be borne by the Union.

Article 15

Amendment of Rules of Procedure

These Rules of Procedure may be amended by a decision of the Association Council in accordance with Article 408(1) of the Agreement.

Article 16

Sub-committees, special committees or bodies

1.   In accordance with Article 409(1) and (3) of the Agreement, the Association Committee may decide to establish any sub-committee in specific areas necessary for the implementation of the Agreement other than those provided for in the Agreement, to assist the Association Committee in the performance of its duties. The Association Committee may decide to abolish any such sub-committee and define or amend its rules of procedure. Unless otherwise decided, any such sub-committee shall work under the authority of the Association Committee, to which it shall report after each meeting.

2.   Unless otherwise provided for by the Agreement or agreed in the Association Council, these Rules of Procedure shall be applied mutatis mutandis to any sub-committee as referred to in paragraph 1.

3.   The meetings of sub-committees may be held flexibly as the need arises, in person, either in Brussels or in Georgia or for example by videoconference. The sub-committees shall act as a platform to monitor progress on approximation in specific areas, to discuss certain issues and challenges arising from that process and to formulate recommendations and operational conclusions.

4.   The Secretariat of the Association Committee shall receive a copy of all relevant correspondence, documents and communications pertaining to any sub-committee, special committee or body.

5.   Unless otherwise provided for in the Agreement or agreed by the Parties within the Association Council, any sub-committee, special committee or body shall only have the power to make recommendations to the Association Committee.

Article 17

These Rules of Procedure shall apply mutatis mutandis to the Association Committee in Trade configuration unless otherwise provided.


5.12.2015   

EN

Official Journal of the European Union

L 321/70


DECISION No 2/2014 OF THE EU-GEORGIA ASSOCIATION COUNCIL

of 17 November 2014

on the establishment of two Sub-Committees [2015/2262]

THE EU-GEORGIA ASSOCIATION COUNCIL,

Having regard to the Association Agreement between the European Union and the European Atomic Energy Community and their Member States, of the one part, and Georgia, of the other part (1) (‘the Agreement’), and in particular Article 409 thereof,

Whereas:

(1)

In accordance with Article 431 of the Agreement, parts of the Agreement have been applied provisionally as of 1 September 2014.

(2)

Pursuant to Article 409(2) of the Agreement, the Association Council may decide to set up any special committee or body in specific areas necessary for the implementation of the Agreement to assist the Association Council in carrying out its duties.

(3)

In order to allow for expert level discussions on the key areas falling within the scope of the provisional application of the Agreement, two sub-committees should be established.

(4)

Upon agreement of the Parties, it should be possible to modify the list of sub-committees and the scope of the individual sub-committees,

HAS ADOPTED THIS DECISION:

Article 1

The Sub-Committees listed in the Annex are hereby established.

Article 2

The Rules of Procedure of the Sub-Committees listed in the Annex are governed by Article 16 of the Rules of Procedure of the Association Committee and of Sub-Committees as adopted by Decision No 1/2014 of the EU-Georgia Association Council.

Article 3

Upon agreement of the Parties the list of Sub-Committees set out in the Annex and the scope of the individual Sub-Committees listed in the Annex can be modified.

Article 4

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

Done at Brussels, 17 November 2014.

For the Association Council

The Chair

F. MOGHERINI


(1)   OJ L 261, 30.8.2014, p. 4.


ANNEX

LIST OF SUB-COMMITTEES

(1)

Sub-Committee on Freedom, Security and Justice

(2)

Sub-Committee on Economic and Other Sector Cooperation


5.12.2015   

EN

Official Journal of the European Union

L 321/72


DECISION No 3/2014 OF THE EU-GEORGIA ASSOCIATION COUNCIL

of 17 November 2014

on the delegation of certain powers by the Association Council to the Association Committee in Trade configuration [2015/2263]

THE EU-GEORGIA ASSOCIATION COUNCIL,

Having regard to the Association Agreement between the European Union and the European Atomic Energy Community and their Member States, of the one part, and Georgia, of the other part (1) (‘the Agreement’), and in particular Article 406(3) and Article 408(2) thereof,

Whereas:

(1)

In accordance with Article 431 of the Agreement, parts of the Agreement have been applied provisionally as of 1 September 2014.

(2)

Pursuant to Article 404(1) of the Agreement, the Association Council is responsible for supervising and monitoring the application and implementation of the Agreement.

(3)

Pursuant to Article 408(2) of the Agreement, the Association Council may delegate to the Association Committee any of its powers, including the power to take binding decisions.

(4)

Pursuant to Article 408(4) of the Agreement, the Association Committee is to meet in a specific configuration to address all issues related to Title IV (Trade and Trade-related Matters) of the Agreement.

(5)

In order to ensure smooth and timely implementation of the part of the Agreement related to the Deep and Comprehensive Free Trade Area, the Association Council should delegate the power to update or amend the Annexes to the Agreement which relate to Chapters 1, 3, 5, 6 and 8 of Title IV (Trade and Trade related Matters) of the Agreement to the Association Committee in Trade configuration, as set out in Article 408(4) of the Agreement, to the extent that there are no specific provisions in those Chapters relating to the update or the amendment of those Annexes,

HAS ADOPTED THIS DECISION:

Article 1

The Association Council hereby delegates the power to update or amend the Annexes to the Agreement which relate to Chapters 1, 3, 5, 6 (Annex XV C to the Agreement) and 8 of Title IV (Trade and Trade related Matters) of the Agreement to the Association Committee in Trade configuration, as set out to in Article 408(4) of the Agreement,, to the extent that there are no specific provisions in those Chapters relating to the update or the amendment of those Annexes.

Article 2

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

Done at Brussels, 17 November 2014.

For the Association Council

The Chair

F. MOGHERINI


(1)   OJ L 261, 30.8.2014, p. 4.