(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,

(1)

Commission Decision 2009/821/EC (4) lays down a list of border inspection posts approved in accordance with Directives 91/496/EEC and 97/78/EC. That list is set out in Annex I to that Decision.

(2)

Following communication from Denmark, Germany, Spain, France, Italy and the UK, the entries for the border inspection posts in those Member States should be amended in the list set out in Annex I to Decision 2009/821/EC.

(3)

Following satisfactory audits carried out by the Commission audit service (formerly referred to as Commission inspection service), the Food and Veterinary Office (FVO), additional approval categories could be added to four border inspection posts in Croatia and a new border inspection post at London-Gateway in the United Kingdom should be added to the entries for those Member States in the list set out in Annex I to Decision 2009/821/EC. As the Treaty of Accession of Croatia entered into force on 1 July 2013 and as the above audit was carried out before, the amendments to the Croatian BIPs should be applicable retroactively from 1 July 2013 to ensure that no obstacles to existing trade are created.

(4)

Poland has communicated that the border inspection post at Świnoujście should be deleted from the list of entries for that Member State. The list of entries for this Member State as set out in Annex I to Decision 2009/821/EC should therefore be amended accordingly.

(5)

Decision 2009/821/EC should therefore be amended accordingly.

(6)

The measures provided for in this Decision are in accordance with the opinion of the Standing Committee on the Food Chain and Animal Health,

(1)

Directive 2009/48/EC of the European Parliament and of the Council (1) lays down rules on the safety of toys and on their free movement in the Union. According to Article 54 of that Directive, Member States must bring into force national provisions complying with Directive 2009/48/EC by 20 January 2011, and they have to apply them as from 20 July 2011. According to the second sentence of Article 55 of that Directive, Part III of Annex II to Directive 2009/48/EC on chemical properties is applicable as from 20 July 2013. Part III of that Annex includes migration limits for 19 elements.

(2)

On 20 January 2011, Germany requested the Commission, pursuant to Article 114(4) TFEU, the permission to retain the existing provisions provided in German law for the elements: lead, arsenic, mercury, barium and antimony, as well as for nitrosamines and nitrosatable substances released from toy material, beyond the date of entry into force of Annex II, Part III, to Directive 2009/48/EC.

(3)

By Commission Decision 2012/160/EU (2), the Commission granted the German Government’s request and approved the maintenance of the national provisions for nitrosamines and nitrosatable substances. As regards the limit values for arsenic, antimony and mercury – which correspond to the limit values which had been established by Council Directive 88/378/EEC (3) - the Commission did not approve the maintenance of the German national provisions. As regards the limit values for lead and barium – which also correspond to the values which had been established by Directive 88/378/EEC – the Commission provisionally approved the maintenance of the German national provisions, until the entry into force of new Union limit values for lead and barium or until 21 July 2013, whichever date came first.

(4)

On 14 May 2012, the German Government brought an action for annulment of the Commission Decision of 1 March 2012 before the General Court. In addition, on 13 February 2013, the German Government applied for interim relief requesting the provisional approval of the national provisions maintaining the limit values for antimony, arsenic, barium, lead and mercury, pending the Court’s decision on the main action.

(5)

By Order of 15 May 2013 in Case T-198/12R, the President of the General Court granted the interim relief measure sought by the German Government. The President considered that under paragraphs 4 and 6 of Article 114 TFEU only the Commission is competent to authorise applications to maintain limit values submitted to it by the Member States (4). Accordingly, the Commission was ordered to authorise that the national provisions notified by the Federal Republic of Germany concerning limit values for antimony, arsenic, barium, lead and mercury in toys be maintained pending the Court’s decision in the main proceedings.

(6)

On 26 July 2013, the Commission lodged an appeal against the Order of the President of the General Court (C-426/13P(R)). In accordance with Article 60 of the Statute of the Court of Justice of the European Union, an appeal does not have suspensory effect.

(7)

The Commission hereby complies with the Order of 15 May 2013 in case T-198/12R and, as required, authorises that the provisions notified by the Federal Republic of Germany concerning limit values for antimony, arsenic, barium, lead and mercury be maintained. The Commission however continues to pursue legal action against the measures notified by the Federal Republic of Germany before the General Court with the main proceedings (T-198/12R) and before the Court of Justice with the appeal to the Order of 15 May 2013 (C-426/13 P(R)),