4.2.2017   

EN

Official Journal of the European Union

L 31/1

(1)

In accordance with Council Decision 2014/122/EU (2), the Protocol to the Agreement between the European Community and its Member States, of the one part, and the Swiss Confederation, of the other, on the free movement of persons to take account of the accession of the Republic of Croatia to the European Union was signed on 4 March 2016, subject to its conclusion at a later date.

(2)

The Protocol should be concluded on behalf of the European Union and its Member States,

4.2.2017   

EN

Official Journal of the European Union

L 31/3

(a)

Croatia is hereby added to the list of Contracting Parties together with the European Union and its Member States.

(b)

In Article 10 of the Agreement the following paragraphs 1c, 2c, 3c, 4d, 4e and 5c shall be inserted at the end of the corresponding paragraphs 1b, 2b, 3b, 4c and 5b:

‘1c.   Switzerland may maintain, until the end of the second year after the entry into force of the Protocol to this Agreement regarding the participation of the Republic of Croatia as a Contracting Party, quantitative limits in respect of access by workers employed in Switzerland and for self-employed persons who are nationals of Croatia for the following two categories of residence: residence for a period of more than four months and less than one year and residence for a period equal to, or exceeding, one year. There shall be no quantitative restrictions on residence of less than four months.

Before the end of the transitional period mentioned above, the Joint Committee shall review the functioning of the transitional period applied to nationals of Croatia on the basis of a report from Switzerland. Upon completion of the review, and no later than at the end of the period mentioned above, Switzerland shall notify the Joint Committee whether it will continue applying quantitative limits to workers employed in Switzerland. Switzerland may continue to apply such measures for five years after the entry into force of the aforementioned Protocol. In the absence of such notification, the transitional period shall expire at the end of the two-year period specified in the first subparagraph.

At the end of the transitional period laid down in this paragraph all quantitative limits applicable to nationals of Croatia shall be abolished. Croatia is entitled to introduce the same quantitative limits for Swiss nationals for the same periods.’;

‘2c.   Switzerland and Croatia may maintain, until the end of the second year after the entry into force of the Protocol to this Agreement regarding the participation of the Republic of Croatia as a Contracting Party, for workers of one of these Contracting Parties employed in their own territory the controls on the priority of workers integrated into the regular labour market and the wage and working conditions applicable to nationals of the other Contracting Party concerned. The same controls may be maintained for persons providing services referred to in Article 5(1) of this Agreement in the following four sectors: horticulture; construction, including related branches; security activities; industrial cleaning (NACE codes (1) 01.41, 45.1 to 4, 74.60 and 74.70 respectively). Switzerland shall, during the transitional periods mentioned in paragraphs 1c, 2c, 3c and 4d, give preference to workers who are nationals of Croatia over workers who are nationals of non-EU and non-EFTA countries as regards access to its labour market. The controls on the priority of workers integrated into the regular labour market shall not apply to providers of services liberalised by a specific agreement between the Contracting Parties concerning the provision of services (including the Agreement on certain aspects of government procurement in so far as it covers the provision of services). Over this period qualification requirements may be maintained for residence permits of less than four months (2) and for persons providing services referred to in Article 5(1) of this Agreement in the four sectors mentioned above.

Within two years of the entry into force of the Protocol to this Agreement regarding the participation of the Republic of Croatia as a Contracting Party, the Joint Committee shall review the functioning of the transitional measures contained in this paragraph on the basis of a report prepared by each of the Contracting Parties implementing them. Upon completion of the review, and no later than two years after the entry into force of the aforementioned Protocol, a Contracting Party which has implemented the transitional measures contained in this paragraph, and has notified the Joint Committee of its intention to continue applying them, may continue to do so until the end of the fifth year after the entry into force of the aforementioned Protocol. In the absence of such notification, the transitional period shall expire at the end of the two-year period specified in the first subparagraph.

At the end of the transitional period laid down in this paragraph all restrictions referred to in this paragraph shall be abolished.’

‘3c.   Upon entry into force of the Protocol to this Agreement regarding the participation of the Republic of Croatia as a Contracting Party, and until the end of the period described in paragraph 1c, Switzerland shall reserve on a yearly basis (pro rata temporis), within its overall quota for third countries for workers employed in Switzerland and for self-employed persons who are nationals of Croatia a minimum number of new residence permits (3) according to the following schedule:

3d.   If Switzerland and/or Croatia applies to workers employed on their own territory the measures described in paragraphs 1c, 2c and 3c and in case of serious disturbances on their labour markets or threat thereof, they shall notify the circumstances to the Joint Committee before the end of the period provided for in paragraph 1c.

The Joint Committee will decide whether the notifying country may continue to apply transitional measures on the basis of this notification. If it issues a favourable opinion, the notifying country may continue to apply to workers employed on its own territory the measures described in paragraphs 1c, 2c and 3c until the end of the seventh year after the entry into force of the aforementioned Protocol. In this case, the annual number of residence permits referred to in paragraph 1c shall be:

‘4d.   At the end of the period described in paragraphs 1c and 3d, and up to the end of the tenth year after the entry into force of the Protocol to this Agreement regarding the participation of the Republic of Croatia as a Contracting Party the following provisions shall be applicable: If the number of new residence permits of one of the categories referred to in paragraph 1c issued to employed and self-employed persons of Croatia in a given year exceeds the average for the three years preceding the reference year by more than 10 %, Switzerland may, for the application year, unilaterally limit the number of new residence permits for periods of one year or more for employed and self-employed persons of Croatia to the average of the three years preceding the application year, plus 5 %, and the number of new residence permits for a period of more than four months and less than one year to the average of the three years preceding the application year, plus 10 %. Permits may be limited to the same number for the year following the application year.

By way of derogation from the preceding subparagraph, the following provisions shall apply at the end of the sixth and seventh reference years: If the number of new residence permits of one of the categories referred to in paragraph 1c issued to employed and self-employed persons of Croatia in a given year exceeds the average for the year that precedes the reference year by more than 10 %, Switzerland may, for the application year, unilaterally limit the number of new residence permits for periods of one year or more for employed and self-employed persons of Croatia to the average of the three years preceding the application year, plus 5 %, and the number of new residence permits for a period of more than four months and less than one year to the average of the three years preceding the application year, plus 10 %. Permits may be limited to the same number for the year following the application year.

4e.   For the purposes of the application of paragraph 4d:

‘5c.   The transitional provisions of paragraphs 1c, 2c, 3c and 4d, and in particular those of paragraph 2c concerning the priority of workers integrated into the regular labour market and controls on wage and working conditions, shall not apply to employed and self-employed persons who, at the time of the entry into force of the Protocol to this Agreement regarding the participation of the Republic of Croatia as a Contracting Party, are authorised to pursue an economic activity on the territories of the Contracting Parties. In particular, such persons shall enjoy occupational and geographical mobility.

The holders of residence permits valid for less than one year shall be entitled to have their permits renewed; the exhaustion of quantitative limits may not be invoked against them. The holders of residence permits valid for a period of one year or more shall automatically be entitled to have their permits extended. Such employed and self-employed persons shall therefore enjoy the rights to free movement accorded to established persons by the basic provisions of this Agreement, and in particular Article 7 thereof, from the entry into force of the aforementioned Protocol.’.

(c)

In Article 27(2) of Annex I to the Agreement, the reference to ‘Article 10(2), (2a), (2b), (4a), (4b) and (4c)’ shall be replaced by a reference to ‘Article 10(2b), (2c), (4c) and (4d).’

4.2.2017   

EN

Official Journal of the European Union

L 31/13

(1)

Commission Decision 2007/777/EC (3) lays down animal and public health rules on imports into the Union, and the transit and storage in the Union, of consignments of certain meat products and consignments of treated stomachs, bladders and intestines which have undergone one of the treatments laid down in Part 4 of Annex II thereto.

(2)

Part 2 of Annex II to Decision 2007/777/EC sets out the list of third countries or parts thereof from which the introduction into the Union of consignments of meat products and treated stomachs, bladders and intestines into the Union is authorised, provided that those commodities comply with the treatment referred to in that list. Where third countries are regionalised for the purposes of inclusion in that list, their regionalised territories are set out in Part I of that Annex.

(3)

Part 4 of Annex II to Decision 2007/777/EC sets out the treatments referred to in Part 2 of that Annex, assigning a code to each of those treatments. That Part sets out a non-specific treatment ‘A’ and specific treatments ‘B’ to ‘F’ listed in descending order of severity.

(4)

Commission Regulation (EC) No 798/2008 (4) lays down veterinary certification requirements for imports into and transit, including storage during transit, through the Union of poultry and poultry products. It provides that those commodities are only to be imported into, and transit through the Union, from the third countries, territories, zones or compartments listed in columns 1 and 3 of the table in Part 1 of Annex I thereto.

(5)

The veterinary certification requirements laid down in Regulation (EC) No 798/2008 take into account whether or not specific conditions are required due to the disease status of those third countries, territories, zones or compartments, including sampling and testing for different poultry diseases, as appropriate. Those specific conditions, as well as the model veterinary certificates required to accompany the commodities for imports into and transit through the Union, are set out in Part 2 of Annex I to that Regulation. Regulation (EC) No 798/2008 also lays down the conditions for a third country, territory, zone or compartment to be considered as free from highly pathogenic avian influenza (HPAI).

(6)

Ukraine is listed in Part 2 of Annex II to Decision 2007/777/EC as a third country from which the introduction into the Union of meat products and treated stomachs, bladders and intestines of poultry, farmed featherd game, farmed ratites and wild game birds which have been subjected to a non-specific treatment ‘A’ are authorised from the whole of its territory.

(7)

Furthermore, Ukraine is listed in Part 1 of Annex I to Regulation (EC) No 798/2008 as a third country from which imports into and transit through the Union of poultry and poultry products are authorised from the whole of its territory.

(8)

On 30 November 2016, Ukraine confirmed the presence of HPAI of subtype H5N8 on its territory and it may therefore no longer be considered as being free from that disease. The veterinary authorities of Ukraine, therefore, are no longer able to issue veterinary certificates for consignments of poultry and poultry products intended for export to the Union.

(9)

Subsequently, on 4 January 2017, Ukraine confirmed the presence of HPAI of subtype H5N8 in holdings in two other regions of its territory. The veterinary authorities of Ukraine have confirmed that they have implemented a stamping-out policy in order to control HPAI and limit its spread.

(10)

Ukraine has submitted information on the epidemiological situation on its territory and the measures it has taken to prevent the further spread of HPAI and that information has now been evaluated by the Commission. On the basis of that evaluation, as well as the guarantees provided by Ukraine, it is appropriate to conclude that limiting the restrictions on the introduction into the Union of consignments of poultry and poultry products to the areas affected by HPAI, which the veterinary authorities of Ukraine have placed under restrictions due to the current outbreaks, should be sufficient to cover the risks associated with the introduction into the Union of the poultry and poultry products.

(11)

Furthermore, in order to prevent the introduction of the HPAI virus into the Union, meat products and treated stomachs, bladders and intestines obtained from poultry, farmed feathered game and wild game birds from the area of Ukraine affected by HPAI and which the veterinary authorities of Ukraine have placed under restriction due to the current outbreaks should undergo at least ‘treatment D’ as listed in Part 4 of Annex II to Decision 2007/777/EC.

(12)

Regulation (EC) No 798/2008 and Decision 2007/777/EC should therefore be amended accordingly.

(13)

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

4.2.2017   

EN

Official Journal of the European Union

L 31/18

(1)

Regulation (EC) No 1831/2003 provides for the authorisation of additives for use in animal nutrition and for the grounds and procedures for granting such authorisation.

(2)

In accordance with Article 7 of Regulation (EC) No 1831/2003 an application was submitted for the authorisation of the preparation of Lactobacillus diolivorans DSM 32074. This application was accompanied by the particulars and documents required under Article 7(3) of Regulation (EC) No 1831/2003.

(3)

This application concerns the authorisation of the preparation of Lactobacillus diolivorans DSM 32074 as a feed additive for all animal species to be classified in the category ‘technological additives’.

(4)

The European Food Safety Authority (‘the Authority’) concluded in its opinion of 12 July 2016 (2) that, under the proposed conditions of use, the preparation of Lactobacillus diolivorans DSM 32074 does not have an adverse effect on animal health, human health or the environment. However, the additive should be considered to have the potential to be a respiratory sensitiser. The Authority also concluded that the concerned preparation has the potential to improve the production of silage prepared from easy, moderately difficult and difficult to ensile material. The Authority does not consider that there is a need for specific requirements of post-market monitoring. It also verified the report on the methods of analysis of the feed additive in feed submitted by the Reference Laboratory set up by Regulation (EC) No 1831/2003.

(5)

The assessment of the preparation of Lactobacillus diolivorans DSM 32074 shows that the conditions for authorisation, as provided for in Article 5 of Regulation (EC) No 1831/2003, are satisfied. Accordingly, the use of that preparation should be authorised as specified in the Annex to this Regulation.

(6)

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

4.2.2017   

EN

Official Journal of the European Union

L 31/21

(1)

Part A of the Annex to Commission Implementing Regulation (EU) No 540/2011 (2) sets out the active substances deemed to have been approved under Regulation (EC) No 1107/2009. Part B of the Annex to Implementing Regulation (EU) No 540/2011 sets out the active substances approved under Regulation (EC) No 1107/2009.

(2)

Applications for the renewal of the approval of the active substances included in this Regulation were submitted in accordance with Commission Implementing Regulation (EU) No 844/2012 (3). However, the approval of those substances may expire for reasons beyond the control of the applicant before a decision has been taken on the renewal of their approval. It is therefore necessary to extend their approval periods in accordance with Article 17 of Regulation (EC) No 1107/2009.

(3)

In view of the time and resources necessary for completing the assessment of applications for the renewal of approvals of the large number of active substances the approvals of which are expiring between 2019 and 2021, Commission Implementing Decision C(2016)6104 (4) established a work programme grouping together similar active substances and setting priorities on the basis of safety concerns for human and animal health or the environment as provided for in Article 18 of Regulation (EC) No 1107/2009.

(4)

The presumed low risk substances should be prioritised in accordance with Implementing Decision C(2016)6104. The approval of those substances should therefore be extended by a period as short as possible. Taking into account the distribution of responsibilities and work among Member States acting as rapporteurs and co-rapporteurs and the available resources necessary for assessment and decision-making, that period should be of one year for the active substances aluminium ammonium sulphate, aluminium silicate, blood meal, calcium carbonate, carbon dioxide, extract from tea tree, fat distilation residues, fatty acids c7 to c20, garlic extract, gibberellic acid, gibberellin, hydrolysed proteins, iron sulphate, kieselgur (diatomaceous earth), pepper dust extraction residue (PDER), plant oils/rape seed oil, potassium hydrogen carbonate, quartz sand, fish oil, repellents by smell of animal or plant origin/sheep fat, repellents by smell of animal or plant origin/tall oil crude, repellents by smell of animal or plant origin/tall oil pitch, sodium aluminium silicate, straight chain lepidopteran pheromones, and urea.

(5)

For active substances which do not fall in the prioritised categories in Implementing Decision C(2016)6104, the approval period should be extended by either two or three years, taking into account the present date of expiry, the fact that according to Article 6(3) of Implementing Regulation (EU) No 844/2012 the supplementary dossier for an active substance shall be submitted no later than 30 months before expiry of the approval, the need to ensure a balanced distribution of responsibilities and work among Member States acting as rapporteurs and co-rapporteurs and the available resources necessary for assessment and decision-making. It is therefore appropriate to extend the approval periods for bifenthrin, cymoxanil and metazachlor by two years, and to extend the approval periods of active substances 2,5-dichlorobenzoic acid methylester, acetic acid, aclonifen, aluminium phosphide, calcium carbide, calcium phosphide, denathonium benzoate, dodemorph, ethylene, imidacloprid, magnesium phosphide, metamitron, plant oils/citronella oil, plant oils/clove oil, plant oils/spear mint oil, pyrethrins, and sulcotrione by three years.

(6)

In view of the aim of the first paragraph of Article 17 of Regulation (EC) No 1107/2009, as regards cases where no supplementary dossier in accordance with Implementing Regulation (EU) No 844/2012 is submitted no later than 30 months before the respective expiry date laid down in the Annex to this Regulation, the Commission will set the expiry date at the same date as before this Regulation or at the earliest date thereafter.

(7)

In view of the aim of the first paragraph of Article 17 of Regulation (EC) No 1107/2009, as regards cases where the Commission will adopt a Regulation providing that the approval of an active substance referred to in the Annex to this Regulation is not renewed because the approval criteria are not satisfied, the Commission will set the expiry date at the same date as before this Regulation or at the date of the entry into force of the Regulation providing that the approval of the active substance is not renewed, whichever date is later. As regards cases where the Commission will adopt a Regulation providing for the renewal of an active substance referred to in the Annex to this Regulation, the Commission will endeavour to set, as appropriate under the circumstances, the earliest possible application date.

(8)

Implementing Regulation (EU) No 540/2011 should therefore be amended accordingly.

(9)

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

4.2.2017   

EN

Official Journal of the European Union

L 31/25

(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,

4.2.2017   

EN

Official Journal of the European Union

L 31/27

(1)

Flag Member State systems should be capable of sending vessel monitoring system messages and replying to requests for vessel monitoring system data using the United Nations Centre for Trade Facilitation and Electronic Business (UN/Cefact) standard in accordance with Article 146f of Regulation (EU) No 404/2011.

(2)

Article 146d of Regulation (EU) No 404/2011 provides that all transmission messages, including vessel monitoring system data, shall be done using the electronic network for fisheries data exchanges ‘Transportation layer’ made available by the Commission to the Member States.

(3)

Commission Implementing Decision (EU) 2016/1138 (3) fixes the deadlines for the use of UN/Cefact standards in the exchanges of fisheries data.

(4)

The delivery of the Transportation Layer network was delayed by 4 months and Member States need sufficient time for installation and testing.

(5)

It is therefore appropriate to postpone certain deadlines set by Implementing Decision (EU) 2016/1138 for the use of these UN/Cefact standards.

(6)

Implementing Decision (EU) 2016/1138 should therefore be amended accordingly.

4.2.2017   

EN

Official Journal of the European Union

L 31/29

(1)

Commission Implementing Decision 2012/756/EU (2) provided for measures to prevent the introduction into and the spread within the Union of Pseudomonas syringae pv. actinidiae Takikawa, Serizawa, Ichikawa, Tsuyumu & Goto, hereinafter ‘the specified organism’, the causal agent of kiwi canker. That Implementing Decision expired on 31 March 2016.

(2)

Several Member States requested that the measures of Implementing Decision 2012/756/EU continue to apply, due to the ongoing phytosanitary risk posed by the specified organism. For this reason, the same measures, as the measures set out in that Implementing Decision, should be adopted concerning the introduction into the Union of plants for planting of Actinidia Lindl. (hereinafter ‘the specified plants’) from third countries, as well as their movement within the Union.

(3)

Moreover, experience gained during the application of Implementing Decision 2012/756/EU shows that, as equivalent alternatives to visual inspections, destruction of all specified plants or individual testing thereof also constitute appropriate measures to prevent the spread of the specified organism within certain zones, and that those measures provide an equally efficient response in the case of an outbreak of the specified organism, therefore those measures should also be allowed for specified plants originating in the Union or in third countries. In addition, that experience also shows that a zone of a width of 100 m, instead of 500 m, around a pest free place or pest free site of production, with a degree of isolation and protection from the outside environment that effectively excludes the specified organism, is sufficient for achieving the objectives of this Decision.

(4)

Member States should, if necessary, adapt their legislation in order to comply with this Decision.

(5)

This Decision should apply until 31 March 2020 to allow time to monitor the evolution of the situation.

(6)

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