ISSN 1977-0677

Official Journal

of the European Union

L 308

European flag  

English edition

Legislation

Volume 59
16 November 2016


Contents

 

II   Non-legislative acts

page

 

 

INTERNATIONAL AGREEMENTS

 

*

Council Decision (EU) 2016/1995 of 11 November 2016 on the signing, on behalf of the European Union, of the Agreement in the form of an Exchange of Letters between the European Union and the Federative Republic of Brazil pursuant to Article XXIV:6 and Article XXVIII of the General Agreement on Tariffs and Trade (GATT) 1994 relating to the modification of concessions in the schedule of the Republic of Croatia in the course of its accession to the European Union

1

 

 

REGULATIONS

 

*

Council Implementing Regulation (EU) 2016/1996 of 15 November 2016 implementing Regulation (EU) No 36/2012 concerning restrictive measures in view of the situation in Syria

3

 

*

Commission Implementing Regulation (EU) 2016/1997 of 15 November 2016 amending Implementing Regulation (EU) No 808/2014 as regards the amendment of rural development programmes and monitoring of actions to support integration of third-country nationals, and correcting that Regulation

5

 

*

Commission Implementing Regulation (EU) 2016/1998 of 15 November 2016 withdrawing the acceptance of the undertaking for five exporting producers under Implementing Decision 2013/707/EU confirming the acceptance of an undertaking offered in connection with the anti-dumping and anti-subsidy proceedings concerning imports of crystalline silicon photovoltaic modules and key components (i.e. cells) originating in or consigned from the People's Republic of China for the period of application of definitive measures

8

 

 

Commission Implementing Regulation (EU) 2016/1999 of 15 November 2016 establishing the standard import values for determining the entry price of certain fruit and vegetables

18

 

 

DECISIONS

 

*

Council Implementing Decision (CFSP) 2016/2000 of 15 November 2016 implementing Decision 2013/255/CFSP concerning restrictive measures against Syria

20

 

*

Council Decision (CFSP) 2016/2001 of 15 November 2016 on a Union contribution to the establishment and the secure management of a Low Enriched Uranium (LEU) Bank under the control of the International Atomic Energy Agency (IAEA) in the framework of the EU Strategy against the Proliferation of Weapons of Mass Destruction

22

 

*

Commission Implementing Decision (EU) 2016/2002 of 8 November 2016 amending Annex E to Council Directive 91/68/EEC, Annex III to Commission Decision 2010/470/EU and Annex II to Commission Decision 2010/472/EU concerning trade in and imports into the Union of ovine and caprine animals and semen of animals of the ovine and caprine species in relation to the rules for the prevention, control and eradication of certain transmissible spongiform encephalopathies (notified under document C(2016) 7026)  ( 1 )

29

 

*

Commission Decision (EU) 2016/2003 of 14 November 2016 amending Decisions 2009/300/EC, 2011/263/EU, 2011/264/EU, 2011/382/EU, 2011/383/EU, 2012/720/EU and 2012/721/EU in order to prolong the period of validity of the ecological criteria for the award of the EU Ecolabel to certain products (notified under document C(2016) 7218)  ( 1 )

59

 

*

Commission Implementing Decision (EU) 2016/2004 of 14 November 2016 amending Implementing Decision 2013/780/EU providing for a derogation from Article 13(1)(ii) of Council Directive 2000/29/EC in respect of bark-free sawn wood of Quercus L., Platanus L. and Acer saccharum Marsh. originating in the United States of America (notified under document C(2016) 7181)

62

 


 

(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

16.11.2016   

EN

Official Journal of the European Union

L 308/1


COUNCIL DECISION (EU) 2016/1995

of 11 November 2016

on the signing, on behalf of the European Union, of the Agreement in the form of an Exchange of Letters between the European Union and the Federative Republic of Brazil pursuant to Article XXIV:6 and Article XXVIII of the General Agreement on Tariffs and Trade (GATT) 1994 relating to the modification of concessions in the schedule of the Republic of Croatia in the course of its accession to the European Union

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union, and in particular the first subparagraph of Article 207(4), in conjunction with Article 218(5) thereof,

Having regard to the proposal from the European Commission,

Whereas:

(1)

On 15 July 2013 the Council authorised the Commission to open negotiations with certain other Members of the World Trade Organization under Article XXIV:6 of the General Agreement on Tariffs and Trade (GATT) 1994, in the course of the accession to the Union of the Republic of Croatia.

(2)

Negotiations were conducted by the Commission in accordance with the negotiating directives adopted by the Council.

(3)

Those negotiations have been concluded and an Agreement in the form of an Exchange of Letters between the European Union and the Federative Republic of Brazil pursuant to Article XXIV:6 and Article XXVIII of the GATT 1994 relating to the modification of concessions in the schedule of the Republic of Croatia in the course of its accession to the European Union (the ‘Agreement’) was initialled on 12 July 2016.

(4)

The Agreement should be signed,

HAS ADOPTED THIS DECISION:

Article 1

The signing on behalf of the Union of the Agreement in the form of an Exchange of Letters between the European Union and the Federative Republic of Brazil pursuant to Article XXIV:6 and Article XXVIII of GATT 1994 relating to the modification of concessions in the schedule of the Republic of Croatia in the course of its accession to the European Union is hereby authorised, subject to the conclusion of that Agreement (1).

Article 2

The President of the Council is hereby authorised to designate the person(s) empowered to sign the Agreement on behalf of the Union.

Article 3

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

Done at Brussels, 11 November 2016.

For the Council

The President

P. ŽIGA


(1)  The text of the Agreement will be published together with the decision on its conclusion.


REGULATIONS

16.11.2016   

EN

Official Journal of the European Union

L 308/3


COUNCIL IMPLEMENTING REGULATION (EU) 2016/1996

of 15 November 2016

implementing Regulation (EU) No 36/2012 concerning restrictive measures in view of the situation in Syria

THE COUNCIL OF THE EUROPEAN UNION,

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

Having regard to Council Regulation (EU) No 36/2012 of 18 January 2012 concerning restrictive measures in view of the situation in Syria and repealing Regulation (EU) No 442/2011 (1), and in particular Article 32(1) thereof,

Having regard to the proposal from the High Representative of the Union for Foreign Affairs and Security Policy,

Whereas:

(1)

On 18 January 2012, the Council adopted Regulation (EU) No 36/2012, concerning restrictive measures in view of the situation in Syria.

(2)

Two entities should be removed from the list of entities subject to restrictive measures, as set out in Section B of Annex II to Regulation (EU) No 36/2012.

(3)

Annex II to Regulation (EU) No 36/2012 should therefore be amended accordingly,

HAS ADOPTED THIS REGULATION:

Article 1

Annex II to Regulation (EU) No 36/2012 is amended as set out in the Annex to this Regulation.

Article 2

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

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

Done at Brussels, 15 November 2016.

For the Council

The President

I. KORČOK


(1)  OJ L 16, 19.1.2012, p. 1.


ANNEX

I.

The following entities and the related entries are deleted from the list set out in Section B of Annex II to Regulation (EU) No 36/2012:

55.

Tri-Ocean Trading

55a.

Tri-Ocean Energy


16.11.2016   

EN

Official Journal of the European Union

L 308/5


COMMISSION IMPLEMENTING REGULATION (EU) 2016/1997

of 15 November 2016

amending Implementing Regulation (EU) No 808/2014 as regards the amendment of rural development programmes and monitoring of actions to support integration of third-country nationals, and correcting that Regulation

THE EUROPEAN COMMISSION,

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

Having regard to Regulation (EU) No 1305/2013 of the European Parliament and of the Council of 17 December 2013 on support for rural development by the European Agricultural Fund for Rural Development (EAFRD) and repealing Council Regulation (EC) No 1698/2005 (1), and in particular Article 12, Article 66(5), Article 67 and Article 75(5) thereof,

Whereas:

(1)

Article 4(2) of Commission Implementing Regulation (EU) No 808/2014 (2) sets the maximum number of amendments to rural development programmes that Member States may submit to the Commission. Experience has shown that the maximum number of programme amendments should be increased to enable Member States to submit a limited number of additional amendments over the programming period. The cases in which the maximum number of programme amendments does not apply should be clarified and should include the amendments related to the adoption of certain emergency measures or to the new delimitation of areas facing significant natural constraints referred to in Article 32(5)(b) of Regulation (EU) No 1305/2013.

(2)

The success of rural development programmes depends not only on good governance and their full implementation, but also on the readiness to adapt to new challenges and changing circumstances such as the migration crisis. In order to ensure good coordination of all existing intervention mechanisms, EAFRD support to actions targeted to integration of third-country nationals should be monitored at Union level.

(3)

In point 1 of Part 2 of Annex III to Implementing Regulation (EU) No 808/2014, the Leader logo has erroneously not been inserted. This should be corrected. In point 1 of Annex IV, the reference to less favoured areas should be corrected. It should be replaced by a reference to areas facing natural or other specific constraints.

(4)

Implementing Regulation (EU) No 808/2014 should therefore be amended accordingly.

(5)

The measures provided for in this Regulation are in accordance with the opinion of the Rural Development Committee,

HAS ADOPTED THIS REGULATION:

Article 1

Implementing Regulation (EU) No 808/2014 is amended as follows:

(1)

Article 4(2) is replaced by the following:

‘2.   Programme amendments of the type referred to in Article 11(a)(i) of Regulation (EU) No 1305/2013 may be proposed no more than three times during the duration of the programming period.

For all other types of amendments combined:

(a)

a single amendment proposal may be submitted per calendar year and per programme, with the exception of the year 2023 in which year more than a single amendment proposal may be submitted for amendments concerning exclusively the adaptation of the financing plan, including any resulting changes to the indicator plan;

(b)

three additional amendment proposals per programme may be submitted during the duration of the programming period.

The maximum number of amendments referred to in the first and second subparagraphs shall not apply:

(a)

in case emergency measures due to natural disasters, catastrophic events or adverse climatic events formally recognized by the competent national public authority, or due to a significant and sudden change in the socioeconomic conditions of the Member State or region, including significant and sudden demographic changes resulting from migration or reception of refugees, need to be taken;

(b)

in case an amendment is necessary following a change to the Union legal framework;

(c)

following the performance review referred to in Article 21 of Regulation (EU) No 1303/2013;

(d)

in case of a change in the EAFRD contribution planned for each year referred to in Article 8(1)(h)(i) of Regulation (EU) No 1305/2013 resulting from developments relating to the annual breakdown by Member State referred to in Article 58(7) of that Regulation; the proposed amendments may include consequential changes in the description of measures;

(e)

in case of changes related to the introduction of financial instruments referred to in Article 37 of Regulation (EU) No 1303/2013; or

(f)

in case of changes related to the introduction of the new delimitation referred to in Article 32(5)(b) of Regulation (EU) No 1305/2013.’;

(2)

Article 5(4) is replaced by the following:

‘4.   Except in cases of emergency measures due to natural disasters, catastrophic events or adverse climatic events formally recognized by the competent national public authority, or due to a significant and sudden change in the socioeconomic conditions of the Member State or region, including significant and sudden demographic changes resulting from migration or reception of refugees, changes to the legal framework, or changes resulting from the performance review referred to in Article 21 of Regulation (EU) No 1303/2013, requests for amendment of the national framework referred to in paragraph 2 may be submitted only once per calendar year before 1 April. By way of derogation from the second subparagraph of Article 4(2), changes in programmes that result from such revision may be done in addition to the amendment proposals submitted in accordance with that subparagraph.’;

(3)

Article 14(4) is replaced by the following:

‘4.   For types of operations where a potential contribution to focus areas referred to in Article 5, first paragraph, point (2)(a), Article 5, first paragraph, points (5)(a) to (d), and Article 5, first paragraph, point(6)(a) of Regulation (EU) No 1305/2013 is identified, or for types of operations where a potential contribution to the integration of third-country nationals is identified, the electronic record of the operations referred to in Article 70 of Regulation (EU) No 1305/2013 shall include flag(s) to identify those cases where the operation has a component contributing to one or more of those focus areas or goal.’;

(4)

Annexes III, IV and VII are amended as set out in the Annex to this Regulation.

Article 2

This Regulation shall enter into force on the seventh 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, 15 November 2016.

For the Commission

The President

Jean-Claude JUNCKER


(1)  OJ L 347, 20.12.2013, p. 487.

(2)  Commission Implementing Regulation (EU) No 808/2014 of 17 July 2014 laying down rules for the application of Regulation (EU) No 1305/2013 of the European Parliament and of the Council on support for rural development by the European Agricultural Fund for Rural Development (EAFRD) (OJ L 227, 31.7.2014, p. 18).


ANNEX

Annexes III, IV and VII to Implementing Regulation (EU) No 808/2014 are amended as follows:

(1)

in point 1 of Part 2 of Annex III, point (b) is replaced by the following:

‘(b)

for the actions and measures financed by LEADER, the LEADER logo:

Image

’;

(2)

in point 1 of Annex IV, indicator C32 is replaced by the following:

‘C32.

Areas facing natural or other specific constraints’;

(3)

in point 1(b) of Annex VII, the entry ‘Table C’ is replaced by the following:

‘—

Table C: Breakdown for relevant outputs and measures by type of area, gender and/or age, and by operations contributing to the integration of third-country nationals.’


16.11.2016   

EN

Official Journal of the European Union

L 308/8


COMMISSION IMPLEMENTING REGULATION (EU) 2016/1998

of 15 November 2016

withdrawing the acceptance of the undertaking for five exporting producers under Implementing Decision 2013/707/EU confirming the acceptance of an undertaking offered in connection with the anti-dumping and anti-subsidy proceedings concerning imports of crystalline silicon photovoltaic modules and key components (i.e. cells) originating in or consigned from the People's Republic of China for the period of application of definitive measures

THE EUROPEAN COMMISSION,

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

Having regard to Regulation (EU) 2016/1036 of the European Parliament and of the Council of 8 June 2016 on protection against dumped imports from countries not members of the European Union (1) (‘the basic anti-dumping Regulation’), and in particular Article 8 thereof,

Having regard to Regulation (EU) 2016/1037 of the European Parliament and of the Council of 8 June 2016 on protection against subsidised imports from countries not members of the European Union (2) (‘the basic anti-subsidy Regulation’), and in particular Article 13 thereof,

Informing the Member States,

Whereas:

A.   UNDERTAKING AND OTHER EXISTING MEASURES

(1)

By Regulation (EU) No 513/2013 (3), the European Commission (‘the Commission’) imposed a provisional anti-dumping duty on imports into the European Union (‘the Union’) of crystalline silicon photovoltaic modules (‘modules’) and key components (i.e. cells and wafers) originating in or consigned from the People's Republic of China (‘the PRC’).

(2)

A group of exporting producers gave a mandate to the China Chamber of Commerce for Import and Export of Machinery and Electronic Products (‘CCCME’) to submit a price undertaking on their behalf to the Commission, which they did. It is clear from the terms of that price undertaking that it constitutes a bundle of individual price undertakings for each exporting producer, which is, for reasons of practicality of administration, coordinated by the CCCME.

(3)

By Decision 2013/423/EU (4), the Commission accepted that price undertaking with regard to the provisional anti-dumping duty. By Regulation (EU) No 748/2013 (5), the Commission amended Regulation (EU) No 513/2013 to introduce the technical changes necessary due to the acceptance of the undertaking with regard to the provisional anti-dumping duty.

(4)

By Implementing Regulation (EU) No 1238/2013 (6), the Council imposed a definitive anti-dumping duty on imports into the Union of modules and cells originating in or consigned from the PRC (‘the products concerned’). By Implementing Regulation (EU) No 1239/2013 (7), the Council also imposed a definitive countervailing duty on imports into the Union of the products concerned.

(5)

Following the notification of an amended version of the price undertaking by a group of exporting producers (‘the exporting producers’) together with the CCCME, the Commission confirmed by Implementing Decision 2013/707/EU (8) the acceptance of the price undertaking as amended (‘the undertaking’) for the period of application of definitive measures. The Annex to this Decision lists the exporting producers for whom the undertaking was accepted, inter alia:

(a)

Wuxi Suntech Power Co. Ltd, Suntech Power Co. Ltd, Wuxi Sunshine Power Co. Ltd, Luoyang Suntech Power Co. Ltd, Zhenjiang Rietech New Energy Science Technology Co. Ltd and Zhenjiang Ren De New Energy Science Technology Co. Ltd together with their related companies in the Union, jointly covered by the TARIC additional code: B796 (‘Wuxi Suntech’);

(b)

Jinko Solar Co. Ltd, Jinko Solar Import and Export Co. Ltd, ZHEJIANG JINKO SOLAR CO. LTD and ZHEJIANG JINKO SOLAR TRADING CO. LTD together with their related companies in the Union, jointly covered by the TARIC additional code: B845 (‘Jinko Solar’);

(c)

Risen Energy Co., Ltd, together with its related company in the Union, jointly covered by the TARIC additional code: B868 (‘Risen Energy’);

(d)

JingAo Solar Co. Ltd, Shanghai JA Solar Technology Co. Ltd, JA Solar Technology Yangzhou Co. Ltd, Hefei JA Solar Technology Co. Ltd and Shanghai JA Solar PV Technology Co. Ltd, together with their related company in the Union, jointly covered by TARIC additional code: B794 (‘JA Solar’); and

(e)

Sumec Hardware & Tools Co. Ltd and Phono Solar Technology Co. Ltd, together with their related companies in the Union, jointly covered by TARIC additional code: B866 (‘Sumec’).

(6)

By Implementing Decision 2014/657/EU (9) the Commission accepted a proposal by the exporting producers together with the CCCME for clarifications concerning the implementation of the undertaking for the products concerned covered by the undertaking, that is modules and cells originating in or consigned from the PRC, currently falling within CN codes ex 8541 40 90 (TARIC codes 8541409021, 8541409029, 8541409031 and 8541409039) produced by the exporting producers (‘product covered’). The anti-dumping and countervailing duties referred to in recital 4 above, together with the undertaking, are jointly referred to as ‘measures’.

(7)

By Implementing Regulation (EU) 2015/866 (10) the Commission withdrew the acceptance of the undertaking for three exporting producers.

(8)

By Implementing Regulation (EU) 2015/1403 (11) the Commission withdrew the acceptance of the undertaking for another exporting producer.

(9)

By Implementing Regulation (EU) 2015/2018 (12) the Commission withdrew the acceptance of the undertaking for two exporting producers.

(10)

The Commission initiated an expiry review investigation of the anti-dumping measures by a Notice of Initiation published in the Official Journal of the European Union  (13) on 5 December 2015.

(11)

The Commission initiated an expiry review investigation of the countervailing measures by a Notice of Initiation published in the Official Journal of the European Union  (14) on 5 December 2015.

(12)

The Commission also initiated a partial interim review of the anti-dumping and countervailing measures by a Notice of Initiation published in the Official Journal of the European Union  (15) on 5 December 2015.

(13)

By Implementing Regulation (EU) 2016/115 (16) the Commission withdrew the acceptance of the undertaking for another exporting producer.

(14)

By Implementing Regulation (EU) 2016/185 (17), the Commission extended the definitive anti-dumping duty imposed by Implementing Regulation (EU) No 1238/2013 on imports of the products concerned originating in or consigned from the People's Republic of China to imports of the product concerned consigned from Malaysia and Taiwan, whether declared as originating in Malaysia and in Taiwan or not.

(15)

By Implementing Regulation (EU) 2016/184 (18), the Commission extended the definitive countervailing duty imposed by Implementing Regulation (EU) No 1239/2013 on imports of the products concerned originating in or consigned from the People's Republic of China to imports of the product concerned consigned from Malaysia and Taiwan, whether declared as originating in Malaysia and in Taiwan or not.

(16)

By Implementing Regulation (EU) 2016/1045 (19) the Commission withdrew the acceptance of the undertaking for another exporting producer.

(17)

By Implementing Regulation (EU) 2016/1382 (20) the Commission withdrew the acceptance of the undertaking for another five exporting producers.

(18)

By Implementing Regulation (EU) 2016/1402 (21) the Commission withdrew the acceptance of the undertaking for another three exporting producers.

B.   TERMS OF THE UNDERTAKING AND VOLUNTARY WITHDRAWALS

(19)

As per the undertaking, any exporting producer may voluntarily withdraw its undertaking at any time during its application.

(20)

Wuxi Suntech notified the Commission in August 2016 that it wished to withdraw from the undertaking.

(21)

Jinko Solar, Risen Energy, JA Solar and Sumec notified the Commission in September 2016 that they also wished to withdraw from the undertaking.

C.   WITHDRAWAL OF THE ACCEPTANCE OF THE UNDERTAKING AND IMPOSITIONS OF DEFINITIVE DUTIES

(22)

Therefore, in accordance with Article 8(9) of the basic anti-dumping Regulation, Article 13(9) of the basic anti-subsidy Regulation and also in accordance with the terms of the undertaking, the Commission has concluded that the acceptance of the undertaking for Wuxi Suntech, Jinko Solar, Risen Energy, JA Solar and Sumec shall be withdrawn.

(23)

Accordingly, pursuant to Article 8(9) of the basic anti-dumping Regulation and Article 13(9) of the basic anti-subsidy Regulation, the definitive anti-dumping duty imposed by Article 1 of Implementing Regulation (EU) No 1238/2013 and the definitive countervailing duty imposed by Article 1 of Implementing Regulation (EU) No 1239/2013 automatically apply to imports originating in or consigned from the PRC of the product concerned and produced by Wuxi Suntech (TARIC additional code: B796), Jinko Solar (TARIC additional code: B845), Risen Energy (TARIC additional code: B868), JA Solar (TARIC additional code: B794) and Sumec (TARIC additional code: B866) as of the day of entry into force of this Regulation.

(24)

For information purposes the table in Annex to this Regulation lists the exporting producers for whom the acceptance of the undertaking by Implementing Decision 2013/707/EU is not affected,

HAS ADOPTED THIS REGULATION:

Article 1

Acceptance of the undertaking in relation to:

(a)

Wuxi Suntech Power Co. Ltd, Suntech Power Co. Ltd, Wuxi Sunshine Power Co. Ltd, Luoyang Suntech Power Co. Ltd, Zhenjiang Rietech New Energy Science Technology Co. Ltd and Zhenjiang Ren De New Energy Science Technology Co. Ltd together with their related companies in the Union, jointly covered by the TARIC additional code: B796 (‘Wuxi Suntech’);

(b)

Jinko Solar Co. Ltd, Jinko Solar Import and Export Co. Ltd, ZHEJIANG JINKO SOLAR CO. LTD and ZHEJIANG JINKO SOLAR TRADING CO. LTD together with their related companies in the PRC and in the Union, jointly covered by the TARIC additional code: B845 (‘Jinko Solar’);

(c)

Risen Energy Co., Ltd, together with its related company in the Union, jointly covered by the TARIC additional code: B868 (‘Risen Energy’);

(d)

JingAo Solar Co. Ltd, Shanghai JA Solar Technology Co. Ltd, JA Solar Technology Yangzhou Co. Ltd, Hefei JA Solar Technology Co. Ltd and Shanghai JA Solar PV Technology Co. Ltd, together with their related company in the Union, jointly covered by TARIC additional code: B794 (‘JA Solar’); and

(e)

Sumec Hardware & Tools Co. Ltd and Phono Solar Technology Co. Ltd, together with their related companies in the Union, jointly covered by TARIC additional code: B866 (‘Sumec’);

is hereby withdrawn.

Article 2

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

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

Done at Brussels, 15 November 2016.

For the Commission

The President

Jean-Claude JUNCKER


(1)  OJ L 176, 30.6.2016, p. 21.

(2)  OJ L 176, 30.6.2016, p. 55.

(3)  OJ L 152, 5.6.2013, p. 5.

(4)  OJ L 209, 3.8.2013, p. 26.

(5)  OJ L 209, 3.8.2013, p. 1.

(6)  OJ L 325, 5.12.2013, p. 1.

(7)  OJ L 325, 5.12.2013, p. 66.

(8)  OJ L 325, 5.12.2013, p. 214.

(9)  OJ L 270, 11.9.2014, p. 6.

(10)  OJ L 139, 5.6.2015, p. 30.

(11)  OJ L 218, 19.8.2015, p. 1.

(12)  OJ L 295, 12.11.2015, p. 23.

(13)  OJ C 405, 5.12.2015, p. 8.

(14)  OJ C 405, 5.12.2015, p. 20.

(15)  OJ C 405, 5.12.2015, p. 33.

(16)  OJ L 23, 29.1.2016, p. 47.

(17)  OJ L 37, 12.2.2016, p. 76.

(18)  OJ L 37, 12.2.2016, p. 56.

(19)  OJ L 170, 29.6.2016, p. 5.

(20)  OJ L 222, 17.8.2016, p. 10.

(21)  OJ L 228, 23.8.2016, p. 16.


ANNEX

List of companies

Name of the company

TARIC additional code

Jiangsu Aide Solar Energy Technology Co. Ltd

B798

Alternative Energy (AE) Solar Co. Ltd

B799

Anhui Chaoqun Power Co. Ltd

B800

Anji DaSol Solar Energy Science & Technology Co. Ltd

B802

Anhui Schutten Solar Energy Co. Ltd

Quanjiao Jingkun Trade Co. Ltd

B801

Anhui Titan PV Co. Ltd

B803

Xi'an SunOasis (Prime) Company Limited

TBEA SOLAR CO. LTD

XINJIANG SANG'O SOLAR EQUIPMENT

B804

Changzhou NESL Solartech Co. Ltd

B806

Changzhou Shangyou Lianyi Electronic Co. Ltd

B807

CHINALAND SOLAR ENERGY CO. LTD

B808

ChangZhou EGing Photovoltaic Technology Co. Ltd

B811

CIXI CITY RIXING ELECTRONICS CO. LTD

ANHUI RINENG ZHONGTIAN SEMICONDUCTOR DEVELOPMENT CO. LTD

HUOSHAN KEBO ENERGY & TECHNOLOGY CO. LTD

B812

CSG PVtech Co. Ltd

B814

China Sunergy (Nanjing) Co. Ltd

CEEG Nanjing Renewable Energy Co. Ltd

CEEG (Shanghai) Solar Science Technology Co. Ltd

China Sunergy (Yangzhou) Co. Ltd

China Sunergy (Shanghai) Co. Ltd

B809

Dongfang Electric (Yixing) MAGI Solar Power Technology Co. Ltd

B816

EOPLLY New Energy Technology Co. Ltd

SHANGHAI EBEST SOLAR ENERGY TECHNOLOGY CO. LTD

JIANGSU EOPLLY IMPORT & EXPORT CO. LTD

B817

Zhejiang Era Solar Technology Co. Ltd

B818

GD Solar Co. Ltd

B820

Greenway Solar-Tech (Shanghai) Co. Ltd

Greenway Solar-Tech (Huaian) Co. Ltd

B821

Konca Solar Cell Co. Ltd

Suzhou GCL Photovoltaic Technology Co. Ltd

Jiangsu GCL Silicon Material Technology Development Co. Ltd

Jiangsu Zhongneng Polysilicon Technology Development Co. Ltd

GCL-Poly (Suzhou) Energy Limited

GCL-Poly Solar Power System Integration (Taicang) Co. Ltd

GCL SOLAR POWER (SUZHOU) LIMITED

GCL Solar System (Shuzhou) Limited

GCL System Integration Technology Co. Ltd

B850

Guodian Jintech Solar Energy Co. Ltd

B822

Hangzhou Bluesun New Material Co. Ltd

B824

Hanwha SolarOne (Qidong) Co. Ltd

B826

Hengdian Group DMEGC Magnetics Co. Ltd

B827

HENGJI PV-TECH ENERGY CO. LTD

B828

Himin Clean Energy Holdings Co. Ltd

B829

Jetion Solar (China) Co. Ltd

Junfeng Solar (Jiangsu) Co. Ltd

Jetion Solar (Jiangyin) Co. Ltd

B830

Jiangsu Green Power PV Co. Ltd

B831

Jiangsu Hosun Solar Power Co. Ltd

B832

Jiangsu Jiasheng Photovoltaic Technology Co. Ltd

B833

Jiangsu Runda PV Co. Ltd

B834

Jiangsu Sainty Photovoltaic Systems Co. Ltd

Jiangsu Sainty Machinery Imp. And Exp. Corp. Ltd

B835

Jiangsu Seraphim Solar System Co. Ltd

B836

Jiangsu Shunfeng Photovoltaic Technology Co. Ltd

Changzhou Shunfeng Photovoltaic Materials Co. Ltd

Jiangsu Shunfeng Photovoltaic Electronic Power Co. Ltd

B837

Jiangsu Sinski PV Co. Ltd

B838

Jiangsu Sunlink PV Technology Co. Ltd

B839

Jiangsu Zhongchao Solar Technology Co. Ltd

B840

Jiangxi Risun Solar Energy Co. Ltd

B841

Jiangxi LDK Solar Hi-Tech Co. Ltd

LDK Solar Hi-Tech (Nanchang) Co. Ltd

LDK Solar Hi-Tech (Suzhou) Co. Ltd

B793

Jiangyin Hareon Power Co. Ltd

Hareon Solar Technology Co. Ltd

Taicang Hareon Solar Co. Ltd

Hefei Hareon Solar Technology Co. Ltd

Jiangyin Xinhui Solar Energy Co. Ltd

Altusvia Energy (Taicang) Co. Ltd

B842

Jiangyin Shine Science and Technology Co. Ltd

B843

Jinzhou Yangguang Energy Co. Ltd

Jinzhou Huachang Photovoltaic Technology Co. Ltd

Jinzhou Jinmao Photovoltaic Technology Co. Ltd

Jinzhou Rixin Silicon Materials Co. Ltd

Jinzhou Youhua Silicon Materials Co. Ltd

B795

Juli New Energy Co. Ltd

B846

Jumao Photonic (Xiamen) Co. Ltd

B847

King-PV Technology Co. Ltd

B848

Kinve Solar Power Co. Ltd (Maanshan)

B849

Lightway Green New Energy Co. Ltd

Lightway Green New Energy(Zhuozhou) Co. Ltd

B851

Nanjing Daqo New Energy Co. Ltd

B853

NICE SUN PV CO. LTD

LEVO SOLAR TECHNOLOGY CO. LTD

B854

Ningbo Huashun Solar Energy Technology Co. Ltd

B856

Ningbo Jinshi Solar Electrical Science & Technology Co. Ltd

B857

Ningbo Komaes Solar Technology Co. Ltd

B858

Ningbo South New Energy Technology Co. Ltd

B861

Ningbo Sunbe Electric Ind Co. Ltd

B862

Ningbo Ulica Solar Science & Technology Co. Ltd

B863

Perfectenergy (Shanghai) Co. Ltd

B864

Perlight Solar Co. Ltd

B865

SHANGHAI ALEX SOLAR ENERGY SCIENCE & TECHNOLOGY CO. LTD

SHANGHAI ALEX NEW ENERGY CO. LTD

B870

Shanghai BYD Co. Ltd

BYD(Shangluo)Industrial Co. Ltd

B871

Shanghai Chaori Solar Energy Science & Technology Co. Ltd

B872

Propsolar (Zhejiang) New Energy Technology Co. Ltd

Shanghai Propsolar New Energy Co. Ltd

B873

SHANGHAI SHANGHONG ENERGY TECHNOLOGY CO. LTD

B874

SHANGHAI SOLAR ENERGY S&T CO. LTD

Shanghai Shenzhou New Energy Development Co. Ltd

Lianyungang Shenzhou New Energy Co. Ltd

B875

Shanghai ST Solar Co. Ltd

Jiangsu ST Solar Co. Ltd

B876

Shenzhen Sacred Industry Co. Ltd

B878

Shenzhen Topray Solar Co. Ltd

Shanxi Topray Solar Co. Ltd

Leshan Topray Cell Co. Ltd

B880

Sopray Energy Co. Ltd

Shanghai Sopray New Energy Co. Ltd

B881

SUN EARTH SOLAR POWER CO. LTD

NINGBO SUN EARTH SOLAR POWER CO. LTD

Ningbo Sun Earth Solar Energy Co. Ltd

B882

SUZHOU SHENGLONG PV-TECH CO. LTD

B883

TDG Holding Co. Ltd

B884

Tianwei New Energy Holdings Co. Ltd

Tianwei New Energy (Chengdu) PV Module Co. Ltd

Tianwei New Energy (Yangzhou) Co. Ltd

B885

Wenzhou Jingri Electrical and Mechanical Co. Ltd

B886

Shanghai Topsolar Green Energy Co. Ltd

B877

Shenzhen Sungold Solar Co. Ltd

B879

Wuhu Zhongfu PV Co. Ltd

B889

Wuxi Saijing Solar Co. Ltd

B890

Wuxi Shangpin Solar Energy Science and Technology Co. Ltd

B891

Wuxi Solar Innova PV Co. Ltd

B892

Wuxi Taichang Electronic Co. Ltd

China Machinery Engineering Wuxi Co. Ltd

Wuxi Taichen Machinery & Equipment Co. Ltd

B893

Xi'an Huanghe Photovoltaic Technology Co. Ltd

State-run Huanghe Machine-Building Factory Import and Export Corporation

Shanghai Huanghe Fengjia Photovoltaic Technology Co. Ltd

B896

Yingli Energy (China) Co. Ltd

Baoding Tianwei Yingli New Energy Resources Co. Ltd

Hainan Yingli New Energy Resources Co. Ltd

Hengshui Yingli New Energy Resources Co. Ltd

Tianjin Yingli New Energy Resources Co. Ltd

Lixian Yingli New Energy Resources Co. Ltd

Baoding Jiasheng Photovoltaic Technology Co. Ltd

Beijing Tianneng Yingli New Energy Resources Co. Ltd

Yingli Energy (Beijing) Co. Ltd

B797

Yuhuan BLD Solar Technology Co. Ltd

Zhejiang BLD Solar Technology Co. Ltd

B899

Yuhuan Sinosola Science & Technology Co. Ltd

B900

Zhangjiagang City SEG PV Co. Ltd

B902

Zhejiang Fengsheng Electrical Co. Ltd

B903

Zhejiang Global Photovoltaic Technology Co. Ltd

B904

Zhejiang Heda Solar Technology Co. Ltd

B905

Zhejiang Jiutai New Energy Co. Ltd

Zhejiang Topoint Photovoltaic Co. Ltd

B906

Zhejiang Kingdom Solar Energy Technic Co. Ltd

B907

Zhejiang Koly Energy Co. Ltd

B908

Zhejiang Mega Solar Energy Co. Ltd

Zhejiang Fortune Photovoltaic Co. Ltd

B910

Zhejiang Shuqimeng Photovoltaic Technology Co. Ltd

B911

Zhejiang Shinew Photoelectronic Technology Co. Ltd

B912

Zhejiang Sunflower Light Energy Science & Technology Limited Liability Company

Zhejiang Yauchong Light Energy Science & Technology Co. Ltd

B914

Zhejiang Sunrupu New Energy Co. Ltd

B915

Zhejiang Tianming Solar Technology Co. Ltd

B916

Zhejiang Trunsun Solar Co. Ltd

Zhejiang Beyondsun PV Co. Ltd

B917

Zhejiang Wanxiang Solar Co. Ltd

WANXIANG IMPORT & EXPORT CO LTD

B918

ZHEJIANG YUANZHONG SOLAR CO. LTD

B920

Zhongli Talesun Solar Co. Ltd

B922


16.11.2016   

EN

Official Journal of the European Union

L 308/18


COMMISSION IMPLEMENTING REGULATION (EU) 2016/1999

of 15 November 2016

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, 15 November 2016.

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

92,9

ZZ

92,9

0707 00 05

TR

141,4

ZZ

141,4

0709 93 10

MA

105,4

TR

102,4

ZZ

103,9

0805 20 10

MA

88,2

ZZ

88,2

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

PE

122,6

TR

67,3

ZZ

95,0

0805 50 10

AR

67,2

CL

69,9

TR

83,0

ZZ

73,4

0806 10 10

BR

293,4

IN

166,9

PE

319,6

TR

136,7

US

353,3

ZA

345,1

ZZ

269,2

0808 10 80

CL

174,1

NZ

139,2

ZA

122,8

ZZ

145,4

0808 30 90

CN

44,3

TR

168,6

ZZ

106,5


(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

16.11.2016   

EN

Official Journal of the European Union

L 308/20


COUNCIL IMPLEMENTING DECISION (CFSP) 2016/2000

of 15 November 2016

implementing Decision 2013/255/CFSP concerning restrictive measures against Syria

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on European Union, and in particular Article 31(2) thereof,

Having regard to Council Deision 2013/255/CFSP of 31 May 2013 concerning restrictive measures against Syria (1), and in particular Article 30(1) thereof,

Having regard to the proposal from the High Representative of the Union for Foreign Affairs and Security Policy,

Whereas:

(1)

On 31 May 2013, the Council adopted Decision 2013/255/CFSP, concerning restrictive measures against Syria.

(2)

Two entities should be removed from the list of entities subject to restrictive measures, as set out in Section B of Annex I to Decision 2013/255/CFSP.

(3)

Annex I to Decision 2013/255/CFSP should therefore be amended accordingly,

HAS ADOPTED THIS DECISION:

Article 1

Annex I to Decision 2013/255/CFSP is amended as set out in the Annex to this Decision.

Article 2

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

Done at Brussels, 15 November 2016.

For the Council

The President

I. KORČOK


(1)  OJ L 147, 1.6.2013, p. 14.


ANNEX

I.

The following entities and the related entries are deleted from the list set out in Section B of Annex I to Decision 2013/255/CFSP:

55.

Tri-Ocean Trading

55a.

Tri-Ocean Energy


16.11.2016   

EN

Official Journal of the European Union

L 308/22


COUNCIL DECISION (CFSP) 2016/2001

of 15 November 2016

on a Union contribution to the establishment and the secure management of a Low Enriched Uranium (LEU) Bank under the control of the International Atomic Energy Agency (IAEA) in the framework of the EU Strategy against the Proliferation of Weapons of Mass Destruction

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on European Union, and in particular Article 28 thereof,

Having regard to the proposal of the High Representative of the Union for Foreign Affairs and Security Policy,

Whereas:

(1)

On 12 December 2003, the European Council adopted the EU Strategy against the Proliferation of Weapons of Mass Destruction (‘the Strategy’), Chapter III of which contains a list of measures to combat such proliferation and which need to be taken both within the Union and in third countries.

(2)

The Union is actively implementing the Strategy and is giving effect to the measures listed in Chapter III thereof, in particular through releasing financial resources to support specific projects conducted by multilateral institutions, such as the International Atomic Energy Agency (IAEA).

(3)

Article IV of the Treaty on the Non-Proliferation of Nuclear Weapons (NPT) stipulates the inalienable right of all the Parties to the NPT to develop research, production and use of nuclear energy for peaceful purposes without discrimination and in conformity with Articles I and II of the NPT. It also stipulates that all the Parties to the NPT undertake to ‘cooperate in contributing alone or together with other States or international organizations to the further development of the applications of nuclear energy for peaceful purposes, especially in the territories of non-nuclear-weapon States Party to the Treaty, with due consideration for the needs of the developing areas of the world’.

(4)

Multilateral approaches to the nuclear fuel cycle have the potential to provide countries which have decided to resort to nuclear energy for peaceful uses with an alternative to the development of national nuclear fuel cycles, while avoiding proliferation risks.

(5)

Under Article III of its Statute, the IAEA is authorised to perform any operation, including acquiring nuclear fuel, services and equipment and establishing its own facilities and plants, in order to facilitate the practical application of nuclear energy for peaceful purposes.

(6)

In September 2006, the Nuclear Threat Initiative (NTI), an independent non-governmental organisation based in the United States, offered a grant of USD 50 000 000 to the IAEA to help create a low enriched uranium stockpile owned and managed by the IAEA on the condition that the Agency should be able to collect an additional amount of USD 100 000 000, including grants from other IAEA Member States and donors, and set up a nuclear fuel reserve.

(7)

On 8 December 2008, the Council adopted conclusions in support of the establishment and the secure management of a nuclear fuel bank placed under the control of the IAEA. It also stated that the Union was planning to contribute up to EUR 25 000 000 to that project, once the conditions and modalities for the Bank have been defined and approved by the IAEA Board of Governors. The European Commission has already provided EUR 20 000 000 for the acquisition of the LEU.

(8)

On 3 December 2010, the IAEA Board of Governors adopted resolution GOV/2010/70 approving the establishment of an IAEA Low-Enriched Uranium (LEU) Bank and affirmed that the IAEA LEU Bank's operations would be funded exclusively through extra-budgetary contributions.

(9)

Paragraph 15 of GOV/2010/67, entitled ‘Assurance of Supply’: Establishment of an IAEA Low Enriched Uranium (LEU) Bank for the Supply of LEU to Member States provides ‘the Agency shall be the owner of the LEU in the IAEA LEU bank and the LEU shall be under its control and in its formal legal possession. The Agency shall be responsible for storing and protecting materials in its possession by ensuring, through any Host State Agreement, that the LEU is safeguarded against natural and other hazards, unauthorized removal or diversion, damage or destruction, including sabotage, and forcible seizure. In addition, the Agency through any Host State Agreement shall ensure the application of IAEA safeguards to the LEU in the IAEA LEU bank, as well as the application of the safety standards and measures, and the physical protection measures by the Host State or States’. Paragraph 16 of GOV/2010/67 further provides that ‘[t]he Agency, with Board approval, shall conclude with any Host State a Host State Agreement, similar to the present IAEA Headquarters Agreement, that shall provide for the safety and security and appropriate liability coverage of the storage facility and shall afford those privileges and immunities to the Agency that are necessary for the independent operation of the IAEA LEU bank, including the right to transport LEU to and from the IAEA LEU bank as determined by the Agency in accordance with the Statute and the Host State(s) agreement. In addition, if necessary, guaranteed transit arrangements shall be concluded with States neighbouring the Host State’.

(10)

The IAEA LEU Bank will be a stock of up to 60 Type 30B cylinders containing standard commercial low-enriched uranium hexafluoride. The IAEA LEU Bank will be located in the IAEA LEU storage facility, operated by Ulba Metallurgical Plant, and regulated by the Committee for Atomic and Energy Supervision and Control of the Republic of Kazakhstan.

(11)

The basic legal framework between the IAEA and the host State Kazakhstan has been concluded. The Transit Agreement with the Russian Federation, approved by the IAEA Board of Governors (GOV/2015/36) has been signed. The design of a new IAEA LEU storage facility has been completed and the IAEA has concluded that it meets the applicable provisions of the IAEA safety standards and security guidance. A detailed cost estimate of the new IAEA LEU storage facility has been undertaken and has been independently validated. A Partnership Agreement between the IAEA and the facility operator that establishes the terms and conditions of cooperation for the construction of the IAEA LEU storage facility has been finalised. The IAEA is now planning activities in preparation for the acquisition of LEU.

(12)

According to the Project and Financial Plan as described in the updated report by the IAEA Director-General (GOV/INF/2016/8) ‘Assurance of Supply: Establishment of an IAEA Low Enriched Uranium (LEU) Bank for the Supply of LEU to Member States’, the total cost of the LEU project is expected to be EUR 118 863 000,

HAS ADOPTED THIS DECISION:

Article 1

1.   For the purposes of giving immediate and practical implementation to some elements of the EU Strategy against the Proliferation of Weapons of Mass Destruction, the Union shall contribute to the establishment and the secure management of a Low-Enriched Uranium (LEU) Bank placed under the control of the International Atomic Energy Agency (‘IAEA’, or ‘the Agency’) in order to reduce the growing proliferation risks caused by the spread of sensitive nuclear fuel cycle technologies. The Union shall undertake activities to support the IAEA LEU Bank, in the form of a LEU reserve with the following objectives:

(a)

to enable countries to enjoy their rights under Article IV of the NPT while avoiding proliferation risks; and

(b)

to serve as a mechanism of last resort to support the commercial market without distorting it, in the event that an IAEA member state's supply of LEU is disrupted and cannot be restored by commercial means and that such IAEA Member State fulfils the eligibility criteria.

2.   In order to achieve the objectives referred in paragraph 1, the Union shall contribute to the establishment and the secure management of the LEU Bank, under the control of the IAEA, by financing security-related activities, including physical protection, transport, safe guarding, and contributions to the secure management of the LEU Bank. The project shall be carried out for the benefit of all countries which have decided to resort to nuclear energy for peaceful uses.

A detailed description of the project is set out in the Annex.

Article 2

1.   The High Representative of the Union for Foreign Affairs and Security Policy (HR) shall be responsible for the implementation of this Decision.

2.   The technical implementation of the project referred to in Article 1(2) shall be carried out by the IAEA. It shall perform this task under the control of the HR. For this purpose, the HR shall enter into the necessary arrangements with the IAEA.

Article 3

1.   The financial reference amount for the implementation of the activities referred to in Article 1(2) shall be EUR 4 362 200.

2.   The expenditure financed by the amount stipulated in paragraph 1 shall be managed in accordance with the procedures and rules applicable to the Union budget.

3.   The Commission shall supervise the proper management of the expenditure referred to in paragraph 1. For this purpose, it shall conclude a financing agreement with the IAEA. The agreement shall stipulate that the IAEA is to ensure visibility of the Union contribution, appropriate to its size.

4.   The Commission shall endeavour to conclude the financing agreement referred to in paragraph 3 as soon as possible after the entry into force of this Decision. It shall inform the Council of any difficulties in that process and of the date of conclusion of the financing agreement.

Article 4

1.   The HR shall report to the Council on the implementation of this Decision on the basis of regular reports prepared by the IAEA. Those IAEA reports shall form the basis for the evaluation carried out by the Council.

2.   The Commission shall provide information on the financial aspects of the implementation of the project referred to in Article 1(2).

Article 5

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

It shall expire 60 months after the date of the conclusion of the financing agreement referred to in Article 3(3). However, it shall expire 6 months after its entry into force if no financing agreement has been concluded by that time.

Article 6

This Decision shall be published in the Official Journal of the European Union.

Done at Brussels, 15 November 2016.

For the Council

The President

I. KORČOK


ANNEX

Union contribution to the establishment and the secure management of a Low Enriched Uranium (LEU) Bank under the control of the International Atomic Energy Agency (IAEA) in the framework of the EU Strategy against the Proliferation of Weapons of Mass Destruction

I.   INTRODUCTION

Background

In December 2010, the IAEA Director-General received a mandate from the Board of Governors to launch the setting-up of a Low Enriched Uranium (LEU) Bank and has presented a detailed plan for its establishment and secure management.

On 20 December 2011, the IAEA confirmed to the Permanent Mission of Kazakhstan to the IAEA that, based on the information provided to the Agency by Kazakhstan in its ‘Expression of Interest’ and with reference to the requirements set out in document GOV/INF/2011/7, the Ulba Metallurgical Plant (UMP) was suitable as a host site for the IAEA LEU Bank.

Several missions were conducted by the IAEA to Kazakhstan between 2011 and 2016, aimed at assessing the UMP facility and the national regulatory framework, to ensure that the LEU Bank would be able to fulfil the applicable provisions of the IAEA safety standards and security guidance. The assessments were performed in the areas of facility safety, seismic safety, emergency preparedness and response, transport safety and security, and physical protection.

A Host State Agreement (HSA) was signed between the IAEA and Kazakhstan on 27 August 2015. That agreement establishes Kazakhstan as the host state for the IAEA LEU Bank, and provides the legal framework for Kazakhstan to ensure that the IAEA LEU Bank will be managed and regulated in accordance with the laws and regulations of Kazakhstan and in compliance with the applicable provisions of the IAEA safety standards and security guidance.

A facility operator agreement was signed between the IAEA and UMP on 27 August 2015. That agreement establishes UMP as the facility where the IAEA LEU Bank will be located, and provides the legal framework for UMP to operate and manage the IAEA LEU Bank, in accordance with its license, the national regulatory framework, and the applicable provisions of the IAEA safety standards and security guidance.

In addition, the IAEA and Kazakhstan Ministry of Energy signed a Technical Agreement on the specific arrangements to be implemented for the establishment of the IAEA LEU Bank in Kazakhstan (‘Technical Agreement’). The Technical Agreement ensures that each party provides the necessary resources for the implementation of its respective activities for the timely establishment of the IAEA LEU Bank, including activities to comply with the applicable provisions of the IAEA safety standards and security guidance. Under the Technical Agreement, the parties established a joint coordination committee (JCC) to facilitate implementation of the Technical Agreement and approved a plan of specific activities (PSA), to ensure the establishment and operation of the IAEA LEU Bank in compliance with the applicable provisions of the IAEA safety standards and security guidance. The Technical Agreement requires that activities be completed in two years following the signing of the legal agreements, or by September 2017.

In November 2015, UMP began designing a new IAEA LEU storage facility to house the IAEA LEU Bank. An IAEA mission visited UMP from 29 February to 4 March 2016 to review design progress. The IAEA mission examined whether or not the applicable provisions of the IAEA safety standards and security guidance had been properly taken into account in the design process. The IAEA mission's review focused on five technical areas: building structure, safety analysis, radiation protection, emergency preparedness and response, and nuclear security. The review of the proposed design and relevant supporting documentation led to the general conclusion that the design provides adequate measures to ensure nuclear safety and security guidance.

Following the completion of the design and its review by the IAEA, in May 2016 a partnership agreement between the IAEA and UMP was signed. That agreement provides for the technical and financial terms of the establishment of the IAEA LEU Storage Facility. It marks a significant milestone in the establishment of the IAEA LEU Bank.

In May 2016, the Board of Governors report GOV/INF/2016/8 highlighted the significant progress achieved. It also provides the first baseline comprehensive Project and Financial Plan.

Board of Governors Document GOV/2010/67, both authorised the IAEA Director-General to establish the IAEA LEU Bank, and required that the costs (including the human resources costs) related to the establishment and operation of the IAEA LEU Bank must be exclusively covered by extra-budgetary voluntary contributions, with no impact to the regular budget of the IAEA. To that end, the IAEA LEU Bank project reimburses various divisions of the IAEA for the technical input and support provided to the project experts and specialists through the use of Service Level Agreements (SLAs). Those agreements, which define the services to be provided by the divisions to the project to execute the project plan (including the PSA), as well as the costs for the level of support provided from each Division, were finalised and agreed in March 2016.

From 1 April 2016, a number of Member States, the Commission, the Nuclear Threat Initiative (NTI) and the World Nuclear Transport Institute (WNTI) have pledged funds totalling approximately USD 124 900 000 and EUR 25 000 000, and the contributions received by the Agency as of this date are USD 124 900 000 and EUR 20 000 000. Financial contributions have been provided by the Nuclear Threat Initiative (USD 50 000 000), US (USD 50 000 000), UAE (USD 10 000 000), Norway (USD 5 000 000), Kuwait (USD 10 000 000), WNTI (EUR 10 000) Kazakhstan (USD 400 000). EUR 20 000 000 donated by the Commission is dedicated to purchase of LEU for the IAEA LEU Bank and up to EUR 5 000 000 have been pledged for security related upgrades. The funds for security related upgrades (up to EUR 5 000 000) are the subject to this Annex.

The next key stages for the IAEA LEU Bank are:

(a)

Finalisation of the establishment of the IAEA LEU storage facility, including completing construction; confirmation that the building and equipment correspond to the design intent and the applicable safety and security provisions;

(b)

Agreement on a cylinder management programme with UMP to ensure long-term safety and security of the cylinders and their readiness for transport;

(c)

Commissioning of the facility;

(d)

Acquisition of the IAEA LEU and transporting it to the storage facility;

(e)

Start of operations.

Objectives of the project

Contributing to the establishment and the secure management of the IAEA LEU Bank, in particular by ensuring high levels of security and safety during transport and storage, in line with the IAEA safety standards and security guidance.

Benefits

The following benefits will be achieved:

(a)

enhancing the assurance of supply of nuclear fuel in a secure and safe manner; and

(b)

assisting the IAEA with ensuring the security and safety of transport of LEU from procurement to supply, as well as during storage at the site of the LEU Bank.

II.   DESCRIPTION OF THE ACTIVITIES

The LEU Bank

The IAEA LEU Bank will consist of a physical stock of roughly 90 tonnes of LEU, the quantity needed for one initial load for a modern light water reactor (equivalent to approximately 3 core reloads) for electricity generation, along with related equipment and services. The stock will be owned by the IAEA. The IAEA LEU Bank will operate in accordance with certain non-discriminatory criteria for the release of the LEU to a recipient country. Those criteria are fully compatible with the IAEA Statute and have been approved by the Board of Governors. The nuclear facility using the LEU must be covered by a safeguards agreement with the IAEA, and be in full compliance with that agreement.

Union support

The Union will support the IAEA LEU Bank in a complementary manner through different instruments. A financial contribution of EUR 20 000 000 for LEU acquisition was already provided in 2011 from the Instrument for Stability.

This Decision will contribute to the safe and secure operation and management of the IAEA LEU Bank. Relevant activities foreseen by the IAEA, to which this Decision will contribute financially, may include:

1.   Supporting the Safe and Secure Establishment of storage for the 90 tonnes of LEU

This item covers the cost of implementation of the project plan activities, including the plan of specific activities (PSA) for the year 2017 and follow-up activities in 2018. The PSA, agreed between the IAEA, UMP, and the Committee for Atomic and Energy Supervision and Control of Kazakhstan, is a list of activities considered necessary for the upgrading of facilities, equipment, procedures, and practices to ensure that the IAEA LEU Bank will be established, stored, operated and protected in accordance with the relevant provisions of the IAEA safety standards and security guidance. These activities were developed on the basis of several assessments, conducted from 2012 to 2016. In particular, an Agency mission in January 2016 also identified some further extrinsic equipment that will be required to enable the storage facility to be operated in accordance with IAEA Standards for emergency preparedness and response.

Activities include the development of procedures for safe and secure operations, procurement of emergency preparedness and response and radiation protection equipment, and provision of associated training; conducting workshops on security topics relevant for the IAEA LEU Bank (e.g. nuclear security culture); observation of emergency exercises at the facility; and follow-up assessment activities to validate the compliance of upgrades with the relevant IAEA safety standards and security guidance prior to commissioning.

The LEU will only be placed in the IAEA LEU storage facility when the IAEA is satisfied that the IAEA LEU Bank has been established and complies with the applicable provisions of the IAEA safety standards and security guidance. Therefore, the IAEA will undertake a confirmation mission, planned for the summer of 2017, to confirm that the completed building and its key equipment correspond to the design intent and that the full infrastructure needed to meet the applicable safety and security provisions is in place.

Over a period of two years the budget will include the cost of planning, executing, supporting, and reporting on the project plan and PSA activities, inclusive of costs to cover IAEA human resources to ensure that, in accordance with the mandate of the IAEA LEU Bank project, no regular budget funds are used.

2.   Ensuring the secure transport of 90 tonnes of LEU

It is expected that the LEU 90 tonnes will be transported from the facility of the vendor, or vendors, to the Ulba Metallurgical Plant, in Oskemen, Kazakhstan, where the IAEA LEU Bank will be located. Shipments of LEU moving through various jurisdictions, must satisfy all documentation, insurance, transit approval, and marking requirements, including States' requirements related to physical protection which are contained in relevant conventions and recommendations developed under the auspices of the IAEA, and the security requirements of the International Maritime Organisation (IMO). Expenditure associated with the transport of the LEU will depend on the geographic location of the LEU vendor and the maritime and overland transport distances between the vendor and Ulba Metallurgical Plant (UMP) in Kazakhstan, and the number of ports of call and border transits required for completing delivery. The item includes the development of technical specifications with IAEA officials and external experts specialist input; the planning and supervision of the transport; insurance; chartering of a maritime transport vessel for enhanced security; consultation on transport route security risk assessment and planning; as well as guarding during maritime transport, ports of call and transit locations.

3.   Ensuring the long term storage of the 90 tonnes of LEU

The LEU will be located at a dedicated storage facility within the UMP territory, located in Oskemen, Kazakhstan. The IAEA LEU will be stored in 30B cylinders. The facility operator, on behalf of the IAEA, will be responsible for storing and protecting the LEU, in compliance with the IAEA safety standards and security guidance. This includes the purchase of the 30B cylinders, which will provide physically safe and secure storage of the LEU. Safety studies indicate that these containment vessels provide robust, safe storage for up to 50 years. In addition to providing safety, the thickness of the walls of the cylinders and the overall design of the cylinders contributes to physical protection from sabotage and theft.

A key activity in ensuring the long term storage of the LEU is the implementation of a cylinder management programme, including routine inspection and recertification of 30B cylinders in storage, for compliance with the ISO 7195 standard, as well as for assurance of readiness for transport to Member States. This requires procurement of services for re-certification of cylinders by authorised inspectors as well as services from UMP staff to support the performance of the testing.

In addition, during long-term storage of the IAEA LEU, the IAEA will undertake routine and ad-hoc monitoring activities, including receipt, review, and verification of annual reports from UMP. This will include annual meetings with UMP to review the safety and security activities related to the IAEA LEU Bank, as well as other types of missions to UMP to ensure that the relevant provisions of the IAEA safety standards and security guidance continue to be applied to the IAEA LEU Bank.

This item will cover a period of 5 years.

III.   DURATION

The estimated duration of the implementation period of the project is 60 months, starting with the signing of the financing agreement referred to in Article 3.

IV.   BENEFICIARIES

The beneficiaries of the project in this Decision are all eligible recipient states of services of the IAEA LEU Bank, fulfilling the conditions for access to the LEU Bank as established by the IAEA Board of Governors.

V.   IMPLEMENTING ENTITY

The IAEA will be entrusted with the technical implementation of the project, as described above, under the control of the HR. The project will be implemented directly by staff of the IAEA, experts from other national nuclear authorities and contractors. In the case of contractors, the procurement of any goods, works or services by the IAEA in the context of this Decision will be carried out as detailed in the financing agreement to be concluded by the Commission with the IAEA.

VI.   REPORTING

The implementing entity will prepare:

(a)

regular reports on the implementation of the project;

(b)

a final report not later than two months after the end of the implementation of the project.

Reports will be sent to the HR.


16.11.2016   

EN

Official Journal of the European Union

L 308/29


COMMISSION IMPLEMENTING DECISION (EU) 2016/2002

of 8 November 2016

amending Annex E to Council Directive 91/68/EEC, Annex III to Commission Decision 2010/470/EU and Annex II to Commission Decision 2010/472/EU concerning trade in and imports into the Union of ovine and caprine animals and semen of animals of the ovine and caprine species in relation to the rules for the prevention, control and eradication of certain transmissible spongiform encephalopathies

(notified under document C(2016) 7026)

(Text with EEA relevance)

THE EUROPEAN COMMISSION,

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

Having regard to Council Directive 91/68/EEC of 28 January 1991 on animal health conditions governing intra-Community trade in ovine and caprine animals (1), and in particular Article 14(2) thereof,

Having regard to Council Directive 92/65/EEC of 13 July 1992 laying down animal health requirements governing trade in and imports into the Community of animals, semen, ova and embryos not subject to animal health requirements laid down in specific Community rules referred to in Annex A(I) to Directive 90/425/EEC (2), and in particular the fourth indent of Article 11(2), Article 17(2)(b), the first indent of Article 18(1) and the introductory phrase and point (b) of Article 19 thereof,

Whereas:

(1)

Directive 91/68/EEC lays down the animal health conditions governing intra-Union trade in ovine and caprine animals. It provides, inter alia, that ovine and caprine animals must be accompanied during transportation to their destination by a health certificate conforming to Model I, II or III set out in Annex E thereto.

(2)

Regulation (EC) No 999/2001 of the European Parliament and of the Council (3) lays down rules for the prevention, control and eradication of transmissible spongiform encephalopathies (TSEs) in bovine, ovine and caprine animals. Annex VII to that Regulation sets out the measures for the control and eradication of TSEs. In addition, Chapter A of Annex VIII to that Regulation lays down, inter alia, the conditions for intra-Union trade in live animals.

(3)

Regulation (EC) No 999/2001 was recently amended by Commission Regulation (EU) 2016/1396 (4). Those amendments provide, inter alia, for an exemption from the conditions set out in point 4.1 of Section A of Chapter A of Annex VIII to Regulation (EC) No 999/2001, which are aimed at preventing the spread of classical scrapie in farmed animals kept on holdings, for ovine and caprine animals moved exclusively between approved bodies, institutes or centres as defined in Article 2(1)(c) of Directive 92/65/EEC.

(4)

Regulation (EU) 2016/1396 also introduces specific conditions for intra-Union trade in ovine and caprine animals of rare breeds which do not comply with the requirements of point 4.1 of Section A of Chapter A of Annex VIII to Regulation (EC) No 999/2001. Those specific conditions were introduced to maintain a possibility for regular exchange of such animals between Member States in order to avoid inbreeding and to preserve the genetic diversity in rare breed populations.

(5)

The health certificates conforming to Models II and III set out in Annex E to Directive 91/68/EEC should therefore be amended in order to reflect the requirements relating to intra-Union trade in ovine and caprine animals of rare breeds or of those moved between approved bodies, institutes or centres laid down in Regulation (EC) No 999/2001, as amended by Regulation (EU) 2016/1396.

(6)

In addition, some Member States notified the Commission of problems related to additional administrative work caused by the obligation to provide in point I.31 of health certificates conforming to Models I, II and III set out in Annex E to Directive 91/68/EEC details such as breed and quantity of animals forming the consignment. To reduce administrative burden for the official veterinarians, it is appropriate to remove from point I.31 of those model health certificates information on the breed, as such information is not necessary in relation to the health status of the animals in the consignment, and on the quantity of those animals, as such information is already stated in point I.20 and an official identification number of each individual animal must be provided in point I.31.

(7)

Furthermore, in order to state more precisely the conditions for individual identification of the animals in points II.5 and II.6 of the health certificates conforming to Models II and III in Annex E to Directive 91/68/EEC, it is necessary to introduce in those points a reference to Council Regulation (EC) No 21/2004 (5).

(8)

Directive 91/68/EEC should therefore be amended accordingly.

(9)

Directive 92/65/EEC lays down conditions applicable to trade in and imports into the Union, inter alia, of semen of animals of the ovine and caprine species.

(10)

Annex III to Commission Decision 2010/470/EU (6) lays down model health certificates for trade within the Union in consignments of semen of animals of the ovine and caprine species. Part A of that Annex sets out the model health certificate for semen collected after 31 August 2010 and dispatched from an approved semen collection centre of origin of the semen.

(11)

Annex II to Commission Decision 2010/472/EU (7) lays down, inter alia, model health certificates for the imports into the Union of consignments of semen of animals of the ovine and caprine species. Section A of Part 2 of that Annex sets out the model health certificate for semen dispatched from an approved semen collection centre of origin of the semen.

(12)

Point 4.2 of Section A of Chapter A of Annex VIII to Regulation (EC) No 999/2001 sets out the scrapie-related conditions to be fulfilled for intra-Union trade in semen of ovine and caprine animals. Chapter H of Annex IX to Regulation (EC) No 999/2001 sets out the scrapie-related conditions to be fulfilled for imports of semen of ovine and caprine animals.

(13)

Regulation (EU) 2016/1396 introduces specific conditions for semen collection centres amongst the conditions for a holding to be recognised as having a negligible risk or a controlled risk of classical scrapie in points 1.2 and 1.3 of Section A of Chapter A of Annex VIII to Regulation (EC) No 999/2001, given that the risk of spreading scrapie via male ovine and caprine animals kept at semen collection centres approved and supervised in accordance with the conditions set out in Annex D to Directive 92/65/EEC is limited. A reference to those specific conditions is also introduced in the conditions for trade in and import of semen of ovine and caprine animals set out in Annexes VIII and IX to Regulation (EC) No 999/2001 respectively.

(14)

The model health certificate for intra-Union trade in consignments of semen of animals of the ovine and caprine species set out in Part A of Annex III to Decision 2010/470/EU and the model health certificate for imports into the Union of consignments of semen of animals of the ovine and caprine species set out in Section A of Part 2 of Annex II to Decision 2010/472/EU should therefore be amended in order to reflect the requirements relating to semen collection centres laid down in Regulation (EC) No 999/2001, as amended by Regulation (EU) 2016/1396.

(15)

In addition, Chapter H of Annex IX to Regulation (EC) No 999/2001, as amended by Regulation (EU) 2016/1396, provides that meat-and-bone meal should be understood as defined in the Terrestrial Animal Health Code of the World Organisation for Animal Health (OIE) (8), rather than in point 27 of Annex I to Commission Regulation (EC) No 142/2011 (9).

(16)

Therefore, point II.4.10.4 of the model health certificate for imports into the Union of consignments of semen of animals of the ovine and caprine species set out in Section A of Part 2 of Annex II to Decision 2010/472/EU should be amended according to the amended provisions of Chapter H of Annex IX to Regulation (EC) No 999/2001.

(17)

Decisions 2010/470/EU and 2010/472/EU should therefore be amended accordingly.

(18)

Regulation (EU) 2016/1396 provides that the amendments made to Annex IX to Regulation (EC) No 999/2001 and related to imports of certain commodities are to apply from 1 July 2017. In addition, to avoid any disruption of imports into the Union of consignments of semen of ovine and caprine animals, the use of certificates issued in accordance with Decision 2010/472/EU as applicable prior to the amendments being introduced by this Decision should be authorised during a transitional period subject to certain conditions.

(19)

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

Annex E to Directive 91/68/EEC is amended in accordance with Annex I to this Decision.

Article 2

Annex III to Decision 2010/470/EU is amended in accordance with Annex II to this Decision.

Article 3

Annex II to Decision 2010/472/EU is amended in accordance with Annex III to this Decision.

Article 4

Article 3 of this Decision shall apply from 1 July 2017.

For a transitional period until 31 December 2017, consignments of semen of ovine and caprine animals, accompanied by a health certificate issued in accordance with the model set out in Section A of Part 2 of Annex II to Decision 2010/472/EU, as applicable before the amendments made by this Decision, shall be authorised for importation into the Union provided that the certificate was issued no later than 30 November 2017.

Article 5

This Decision is addressed to the Member States.

Done at Brussels, 8 November 2016.

For the Commission

Vytenis ANDRIUKAITIS

Member of the Commission


(1)  OJ L 46, 19.2.1991, p. 19.

(2)  OJ L 268, 14.9.1992, p. 54.

(3)  Regulation (EC) No 999/2001 of the European Parliament and of the Council of 22 May 2001 laying down rules for the prevention, control and eradication of certain transmissible spongiform encephalopathies (OJ L 147, 31.5.2001, p. 1).

(4)  Commission Regulation (EU) 2016/1396 of 18 August 2016 amending certain Annexes to Regulation (EC) No 999/2001 of the European Parliament and of the Council laying down rules for the prevention, control and eradication of certain transmissible spongiform encephalopathies (OJ L 225, 19.8.2016, p. 76).

(5)  Council Regulation (EC) No 21/2004 of 17 December 2003 establishing a system for the identification and registration of ovine and caprine animals and amending Regulation (EC) No 1782/2003 and Directives 92/102/EEC and 64/432/EEC (OJ L 5, 9.1.2004, p. 8).

(6)  Commission Decision 2010/470/EU of 26 August 2010 laying down model health certificates for trade within the Union in semen, ova and embryos of animals of the equine, ovine and caprine species and in ova and embryos of animals of the porcine species (OJ L 228, 31.8.2010, p. 15).

(7)  Commission Decision 2010/472/EU of 26 August 2010 on imports of semen, ova and embryos of animals of the ovine and caprine species into the Union (OJ L 228, 31.8.2010, p. 74).

(8)  http://www.oie.int/index.php?id=169&L=0&htmfile=glossaire.htm

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


ANNEX I

Annex E to Directive 91/68/EEC is replaced by the following:

‘ANNEX E

MODEL I

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MODEL II

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MODEL III

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ANNEX II

In Annex III to Decision 2010/470/EU, Part A is replaced by the following:

‘Part A

Model health certificate IIIA for trade within the Union in consignments of semen of animals of the ovine and caprine species collected in accordance with Council Directive 92/65/EEC after 31 August 2010 and dispatched from an approved semen collection centre of origin of the semen

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ANNEX III

In Part 2 of Annex II to Decision 2010/472/EU, Section A is replaced by the following:

‘Section A

Model 1 — Health certificate for semen dispatched from an approved semen collection centre of origin of the semen

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16.11.2016   

EN

Official Journal of the European Union

L 308/59


COMMISSION DECISION (EU) 2016/2003

of 14 November 2016

amending Decisions 2009/300/EC, 2011/263/EU, 2011/264/EU, 2011/382/EU, 2011/383/EU, 2012/720/EU and 2012/721/EU in order to prolong the period of validity of the ecological criteria for the award of the EU Ecolabel to certain products

(notified under document C(2016) 7218)

(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 66/2010 of the European Parliament and of the Council of 25 November 2009 on the EU Ecolabel (1), and in particular Article 8(3)(c) thereof,

After consulting the European Union Eco-Labelling Board,

Whereas:

(1)

Commission Decision 2009/300/EC (2) expires on 31 December 2016.

(2)

Commission Decision 2011/263/EU (3) expires on 31 December 2016.

(3)

Commission Decision 2011/264/EU (4) expires on 31 December 2016.

(4)

Commission Decision 2011/382/EU (5) expires on 31 December 2016.

(5)

Commission Decision 2011/383/EU (6) expires on 31 December 2016.

(6)

Commission Decision 2012/720/EU (7) expires on 14 November 2016.

(7)

Commission Decision 2012/721/EU (8) expires on 14 November 2016.

(8)

An assessment has been carried out confirming the relevance and appropriateness of the current ecological criteria, as well as of the related assessment and verification requirements, established by Decisions 2009/300/EC, 2011/263/EU, 2011/264/EU, 2011/382/EU, 2011/383/EU, 2012/720/EU and 2012/721/EU. As a new revision of the current ecological criteria and the related assessment and verification requirements set out in those Decisions has still not been finalised, it is appropriate to prolong the periods of validity of those ecological criteria and those related assessment and verification requirements until 31 December 2017. Decisions 2009/300/EC, 2011/263/EU, 2011/264/EU, 2011/382/EU, 2011/383/EU, 2012/720/EU and 2012/721/EU should therefore be amended accordingly.

(9)

The measures provided for in this Decision are in accordance with the opinion of the Committee set up by Article 16 of Regulation (EC) No 66/2010,

HAS ADOPTED THIS DECISION:

Article 1

Article 3 of Decision 2009/300/EC is replaced by the following:

‘Article 3

The ecological criteria for the product group “televisions” and the related assessment and verification requirements, shall be valid until 31 December 2017.’

Article 2

Article 4 of Decision 2011/263/EU is replaced by the following:

‘Article 4

The ecological criteria for the product group “detergents for dishwashers” and the related assessment and verification requirements shall be valid until 31 December 2017.’

Article 3

Article 4 of Decision 2011/264/EU is replaced by the following:

‘Article 4

The ecological criteria for the product group “laundry detergents” and the related assessment and verification requirements shall be valid until 31 December 2017.’

Article 4

Article 4 of Decision 2011/382/EU is replaced by the following:

‘Article 4

The ecological criteria for the product group “hand dishwashing detergents” and the related assessment and verification requirements shall be valid until 31 December 2017.’

Article 5

Article 4 of Decision 2011/383/EU is replaced by the following:

‘Article 4

The ecological criteria for the product group “all-purpose cleaners and sanitary cleaners” and the related assessment and verification requirements, shall be valid until 31 December 2017.’

Article 6

Article 3 of Decision 2012/720/EU is replaced by the following:

‘Article 3

The ecological criteria for the product group “industrial and institutional automatic dishwasher detergents” and the related assessment and verification requirements shall be valid until 31 December 2017.’

Article 7

Article 3 of Decision 2012/721/EU is replaced by the following:

‘Article 3

The ecological criteria for the product group “industrial and institutional laundry detergents” and the related assessment and verification requirements shall be valid until 31 December 2017.’

Article 8

This Decision is addressed to the Member States.

Done at Brussels, 14 November 2016.

For the Commission

Karmenu VELLA

Member of the Commission


(1)  OJ L 27, 30.1.2010, p. 1.

(2)  Commission Decision 2009/300/EC of 12 March 2009 establishing the revised ecological criteria for the award of the Community Eco-label to televisions (OJ L 82, 28.3.2009, p. 3).

(3)  Commission Decision 2011/263/EU of 28 April 2011 on establishing the ecological criteria for the award of the EU Ecolabel to detergents for dishwashers (OJ L 111, 30.4.2011, p. 22).

(4)  Commission Decision 2011/264/EU of 28 April 2011 on establishing the ecological criteria for the award of the EU Ecolabel for laundry detergents (OJ L 111, 30.4.2011, p. 34).

(5)  Commission Decision 2011/382/EU of 24 June 2011 on establishing the ecological criteria for the award of the EU Ecolabel to hand dishwashing detergents (OJ L 169, 29.6.2011, p. 40).

(6)  Commission Decision 2011/383/EU of 28 June 2011 on establishing the ecological criteria for the award of the EU Ecolabel to all-purpose cleaners and sanitary cleaners (OJ L 169, 29.6.2011, p. 52).

(7)  Commission Decision 2012/720/EU of 14 November 2012 establishing the ecological criteria for the award of the EU Ecolabel for Industrial and Institutional Automatic Dishwasher Detergents (OJ L 326, 24.11.2012, p. 25).

(8)  Commission Decision 2012/721/EU of 14 November 2012 establishing the ecological criteria for the award of the EU Ecolabel for Industrial and Institutional Laundry Detergents (OJ L 326, 24.11.2012, p. 38).


16.11.2016   

EN

Official Journal of the European Union

L 308/62


COMMISSION IMPLEMENTING DECISION (EU) 2016/2004

of 14 November 2016

amending Implementing Decision 2013/780/EU providing for a derogation from Article 13(1)(ii) of Council Directive 2000/29/EC in respect of bark-free sawn wood of Quercus L., Platanus L. and Acer saccharum Marsh. originating in the United States of America

(notified under document C(2016) 7181)

THE EUROPEAN COMMISSION,

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

Having regard to Council Directive 2000/29/EC of 8 May 2000 on protective measures against the introduction into the Community of organisms harmful to plants or plant products and against their spread within the Community (1), and in particular the second indent of Article 15(1) thereof,

Whereas:

(1)

Directive 2000/29/EC provides for protective measures against the introduction into the Union from third countries of organisms that are harmful to plants or plant products. Article 1 of Commission Implementing Decision 2013/780/EU (2) provides for a derogation from the protective measures under Directive 2000/29/EC and authorises Member States to allow for the introduction into their territory of bark-free sawn wood of Quercus L., Platanus L. and Acer saccharum Marsh., originating in the United States, without being accompanied by a phytosanitary certificate, until 30 November 2016, provided that such wood complies with the conditions set out in the Annex to that Implementing Decision.

(2)

Commission Implementing Decision (EU) 2015/893 (3) lays down the requirements for the introduction into the Union of bark-free sawn wood of Platanus L. and Acer spp. originating in third countries. Those requirements are considered necessary for the phytosanitary protection of Union territory from Anoplophora glabripennis (Motschulsky) and no derogation from them should be considered justified. Those species of bark-free sawn wood should therefore no longer be subject to the derogation provided for in Implementing Decision 2013/780/EU.

(3)

In light of the information submitted periodically by Member States to the Commission, it may be concluded that the application of the specific conditions laid down in the Annex to Implementing Decision 2013/780/EU is sufficient to prevent the introduction of harmful organisms into the Union. Member States should continue to apply those conditions with regard to bark-free sawn wood of Quercus L. originating in the United States. The assessment of the technical information submitted by the United States shows that the Kiln Drying Sawn Hardwood Lumber Certification Program, referred to in Article 2(3) of Implementing Decision 2013/780/EU, is functioning effectively.

(4)

Therefore the authorisation for the derogation in respect of bark-free sawn wood of Quercus L. originating in the United States should be extended until 31 December 2026 in order to avoid any unnecessary disruptions of trade with regard to that wood.

(5)

Implementing Decision 2013/780/EU should therefore be amended accordingly.

(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

Amendment of Implementing Decision 2013/780/EU

Implementing Decision 2013/780/EU is amended as follows:

(1)

Article 1 is replaced by the following:

‘By way of derogation from Article 13(1)(ii) of Directive 2000/29/EC, Member States shall be authorised to allow for the introduction into their territory of bark-free sawn wood of Quercus L. originating in the United and covered by one of the CN codes and the descriptions set out in Section I(6) of Part B of Annex V to that Directive without being accompanied by a phytosanitary certificate, provided that such wood complies with the conditions set out in the Annex to this Decision.’;

(2)

in Article 3, the date ‘30 November 2016’ is replaced by the date ‘31 December 2026’.

Article 2

Addressees

This Decision is addressed to the Member States.

Done at Brussels, 14 November 2016.

For the Commission

Vytenis ANDRIUKAITIS

Member of the Commission


(1)  OJ L 169, 10.7.2000, p. 1.

(2)  Commission Implementing Decision 2013/780/EU of 18 December 2013 providing for a derogation from Article 13(1)(ii) of Council Directive 2000/29/EC in respect of bark-free sawn wood of Quercus L., Platanus L. and Acer saccharum Marsh. originating in the United States of America (OJ L 346, 20.12.2013, p. 61).

(3)  Commission Implementing Decision (EU) 2015/893 of 9 June 2015 as regards measures to prevent the introduction into and the spread within the Union of Anoplophora glabripennis (Motschulsky) (OJ L 146, 11.6.2015, p. 16).