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Document L:2010:226:FULL
Official Journal of the European Union, L 226, 28 August 2010
Official Journal of the European Union, L 226, 28 August 2010
Official Journal of the European Union, L 226, 28 August 2010
Display all documents published in this Official Journal
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ISSN 1725-2555 doi:10.3000/17252555.L_2010.226.eng |
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Official Journal of the European Union |
L 226 |
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English edition |
Legislation |
Volume 53 |
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(1) Text with EEA relevance |
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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
REGULATIONS
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28.8.2010 |
EN |
Official Journal of the European Union |
L 226/1 |
COMMISSION REGULATION (EU) No 765/2010
of 25 August 2010
amending Annexes II and III to Regulation (EC) No 396/2005 of the European Parliament and of the Council as regards maximum residue levels for chlorothalonil clothianidin, difenoconazole, fenhexamid, flubendiamide, nicotine, spirotetramat, thiacloprid and thiamethoxam in or on certain products
(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 396/2005 of the European Parliament and of the Council of 23 February 2005 on maximum residue levels of pesticides in or on food and feed of plant and animal origin and amending Council Directive 91/414/EEC (1), and in particular Article 14(1)(a) thereof,
Whereas:
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(1) |
For chlorothalonil, fenhexamid and thiacloprid maximum residue levels (MRLs) were set in Annex II and Part B of Annex III to Regulation (EC) No 396/2005. For clothianidin, difenoconazole, flubendiamide, spirotetramat and thiamethoxam, MRLs were set in Part A of Annex III to Regulation (EC) No 396/2005. Up to now, for nicotine no specific MRLs were set nor was that substance included in Annex IV to Regulation (EC) No 396/2005. |
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(2) |
In the context of a procedure, in accordance with Council Directive 91/414/EEC of 15 July 1991 concerning the placing of plant protection products on the market (2), for the authorisation of the use of a plant protection product containing the active substance difenoconazole on swedes and turnips an application was made under Article 6(1) of Regulation (EC) No 396/2005 for modification of the existing MRLs. |
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(3) |
As regards chlorothalonil, such an application was made for the use on barley. In view of that application, it is necessary to set MRLs for meat, fat, liver, kidney and milk from bovines, sheep and goats, since cereals are used as feed and residues may end up on forage for these animals. As regards fenhexamid, such an application was made for the use on lettuce. As regards flubendiamide, such an application was made for the use on aubergine, cucurbits and beans with pods. As regards spirotetramat, such an application was made for the use on onions. As regards thiacloprid, such an application was made for the use on strawberries, while also a Codex MRL exists for that combination. As regards thiamethoxam, such an application was made for carrots. In view of residues of clothianidin caused by the use of thiamethoxam, it is also necessary to modify the MRL for clothianidin on carrots. |
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(4) |
In accordance with Article 8 of Regulation (EC) No 396/2005, these applications were evaluated by the Member States concerned and the evaluation reports were forwarded to the Commission. |
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(5) |
As regards nicotine in wild fungi, the Commission received information from Member States and business operators showing the presence of nicotine in wild fungi leading to higher residues than the default MRL of 0,01 mg/kg laid down in that Regulation. |
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(6) |
The European Food Safety Authority, hereinafter ‘the Authority’, assessed the applications and the evaluation reports, examining in particular the risks to the consumer and where relevant to animals and gave reasoned opinions on the proposed MRLs (3). In the case of nicotine, the Commission asked the Authority to give an opinion on public health risks of nicotine residues in mushrooms. Given the urgency the Authority issued a ‘statement’, referring to several remaining uncertainties, rather than a reasoned opinion (4). It forwarded these opinions and that statement to the Commission and the Member States and made them available to the public. |
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(7) |
The Authority concluded in its reasoned opinions that all requirements with respect to data were met and that the modifications to the MRLs requested by the applicants were acceptable with regard to consumer safety on the basis of a consumer exposure assessment for 27 specific European consumer groups. It took into account the most recent information on the toxicological properties of the substances. Neither the lifetime exposure to these substances via consumption of all food products that may contain these substances, nor the short term exposure due to extreme consumption of the relevant crops showed that there is a risk that the acceptable daily intake (ADI) or the acute reference dose (ARfD) is exceeded. |
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(8) |
As regards nicotine on wild fungi, the Authority points out that its statement is affected by a number of uncertainties and limitations. In addition to that statement, monitoring data were collected in 2009 to investigate the presence of this substance in wild mushrooms. Those data were generated by Member States, food business operators and by the Chinese government and showed that nicotine is present in wild mushrooms at levels that vary depending on the source and variety, but that exceed, in almost the totality of the samples, the default MRL of 0,01 mg/kg. These findings provide evidence of the unavoidable presence of nicotine in wild fungi, in particular ceps (Boletus edulis). Therefore, it is appropriate to set temporary MRLs for nicotine in wild fungi, based on the available monitoring data and on the opinion of the Authority. Those temporary MRLs should be reviewed within two years, to evaluate new data and information that will become available, including any scientific evidence on the natural occurrence or formation of nicotine in wild fungi. |
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(9) |
Based on the reasoned opinions and statement of the Authority and taking into account the factors relevant to the matter under consideration, the appropriate modifications to the MRLs fulfil the requirements of Article 14(2)(a) of Regulation (EC) No 396/2005. |
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(10) |
Regulation (EC) No 396/2005 should therefore be amended accordingly. |
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(11) |
The measures provided for in this Regulation are in accordance with the opinion of the Standing Committee on the Food Chain and Animal Health and neither the European Parliament nor the Council has opposed them, |
HAS ADOPTED THIS REGULATION:
Article 1
Annexes II and III to Regulation (EC) No 396/2005 are amended in accordance with 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, 25 August 2010.
For the Commission
The President
José Manuel BARROSO
(2) OJ L 230, 19.8.1991, p. 1.
(3) EFSA scientific reports available on http://www.efsa.europa.eu:
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Reasoned opinion of EFSA prepared by the Pesticides Unit (PRAPeR) on the modification of existing MRL for chlorothalonil in barley and several commodities of animal origin, EFSA Journal 2010; 8(3):1524. |
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Reasoned opinion of EFSA prepared by the Pesticides Unit (PRAPeR) on the modification of existing MRL for thiacloprid in strawberries, EFSA Journal 2010; 8(1):1498. |
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Reasoned opinion of EFSA prepared by the Pesticides Unit (PRAPeR) on the modification of existing MRL for clothianidin in carrots, EFSA Journal 2010; 8(2):1515. |
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Reasoned opinion of EFSA prepared by the Pesticides Unit (PRAPeR) on the modification of existing MRL for difenoconazole in swedes and turnips, EFSA Journal 2010; 8(2):1510. |
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Reasoned opinion of EFSA prepared by the Pesticides Unit (PRAPeR) on the modification of existing MRL for flubendiamide in cucurbits edible and inedible peel, aubergines and beans with pods, EFSA Journal 2010; 8(3):1527. |
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Reasoned opinion of EFSA prepared by the Pesticides Unit (PRAPeR) on the modification of existing MRL for fenhexamid in various leafy crops, EFSA Journal 2010; 8(11):1455. |
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Reasoned opinion of EFSA prepared by the Pesticides Unit (PRAPeR) on the modification of existing MRL for spirotetramat in onions and the setting of new MRLs in kidney, EFSA Journal 2010; 8(2):1511. |
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Reasoned opinion of EFSA prepared by the Pesticides Unit (PRAPeR) on the modification of existing MRL for thiamethoxam in carrots, EFSA Journal 2009; 7(9):1307. |
(4) EFSA Statement. Potential risks for public health due to the presence of nicotine in wild mushrooms, EFSA Journal 2009; RN-286, 1-47.
ANNEX
Annexes II and III to Regulation (EC) No 396/2005 are amended as follows:
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(1) |
In Annex II the columns for chlorothalonil, fenhexamid and thiacloprid are replaced by the following: ‘Pesticide residues and maximum residue levels (mg/kg)
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(2) |
Annex III, Part A is amended as follows:
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(1) For the complete list of products of plant and animal origin to which MRLs apply, reference should be made to Annex I.
(2) Indicates lower limit of analytical determination
(3) Pesticide-code combination for which the MRL as set in Annex III Part B applies.
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(F) |
= |
Fat soluble |
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(R) |
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The residue definition differs for the following combinations pesticide-code number:
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(4) For the complete list of products of plant and animal origin to which MRLs apply, reference should be made to Annex I.
(5) Indicates lower limit of analytical determination.
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(F) |
= |
Fat soluble |
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(R) |
= |
The residue definition differs for the following combinations pesticide-code number: Spirotetramat — code 1000000: Spirotetramat and its metabolite BYI08330-enol expressed as spirotetramat.’ |
(6) For the complete list of products of plant and animal origin to which MRLs apply, reference should be made to Annex I,
(7) Indicates lower limit of analytical determination
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(F) |
= |
Fat soluble |
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(+) |
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The following MRLs apply to dried wild mushrooms: 2,3 mg/kg for ceps, 1,2 mg/kg for dried wild mushrooms other than ceps. Those MRLs shall be reviewed in 2 years, to evaluate new data and information that will become available, including any scientific evidence on the natural occurrence or formation of nicotine in mushrooms.’ |
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28.8.2010 |
EN |
Official Journal of the European Union |
L 226/38 |
COMMISSION REGULATION (EU) No 766/2010
of 27 August 2010
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 Council Regulation (EC) No 1234/2007 of 22 October 2007 establishing a common organisation of agricultural markets and on specific provisions for certain agricultural products (Single CMO Regulation) (1),
Having regard to Commission Regulation (EC) No 1580/2007 of 21 December 2007 laying down implementing rules for Council Regulations (EC) No 2200/96, (EC) No 2201/96 and (EC) No 1182/2007 in the fruit and vegetable sector (2), and in particular Article 138(1) thereof,
Whereas:
Regulation (EC) No 1580/2007 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 XV, Part A thereto,
HAS ADOPTED THIS REGULATION:
Article 1
The standard import values referred to in Article 138 of Regulation (EC) No 1580/2007 are fixed in the Annex hereto.
Article 2
This Regulation shall enter into force on 28 August 2010.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 27 August 2010.
For the Commission, On behalf of the President,
Jean-Luc DEMARTY
Director-General for Agriculture and Rural Development
(1) OJ L 299, 16.11.2007, p. 1.
(2) OJ L 350, 31.12.2007, p. 1.
ANNEX
Standard import values for determining the entry price of certain fruit and vegetables
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(EUR/100 kg) |
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CN code |
Third country code (1) |
Standard import value |
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0702 00 00 |
MK |
38,5 |
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TR |
103,0 |
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ZZ |
70,8 |
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0707 00 05 |
TR |
137,2 |
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ZZ |
137,2 |
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0709 90 70 |
TR |
124,6 |
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ZZ |
124,6 |
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0805 50 10 |
AR |
153,3 |
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CL |
145,6 |
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TR |
158,2 |
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UY |
108,2 |
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ZA |
119,1 |
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ZZ |
136,9 |
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0806 10 10 |
EG |
153,8 |
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TR |
112,6 |
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ZZ |
133,2 |
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0808 10 80 |
AR |
106,6 |
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BR |
70,4 |
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CL |
107,3 |
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CN |
65,6 |
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NZ |
96,3 |
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US |
127,5 |
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UY |
95,9 |
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ZA |
90,2 |
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ZZ |
95,0 |
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0808 20 50 |
AR |
115,4 |
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CL |
150,5 |
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CN |
76,3 |
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TR |
133,1 |
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ZA |
95,6 |
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ZZ |
114,2 |
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0809 30 |
TR |
146,7 |
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ZZ |
146,7 |
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0809 40 05 |
BA |
55,5 |
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IL |
161,0 |
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XS |
52,3 |
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ZZ |
89,6 |
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(1) Nomenclature of countries laid down by Commission Regulation (EC) No 1833/2006 (OJ L 354, 14.12.2006, p. 19). Code ‘ZZ’ stands for ‘of other origin’.
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28.8.2010 |
EN |
Official Journal of the European Union |
L 226/40 |
COMMISSION REGULATION (EU) No 767/2010
of 27 August 2010
amending the representative prices and additional import duties for certain products in the sugar sector fixed by Regulation (EC) No 877/2009 for the 2009/10 marketing year
THE EUROPEAN COMMISSION,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to Council Regulation (EC) No 1234/2007 of 22 October 2007 establishing a common organisation of agricultural markets and on specific provisions for certain agricultural products (single CMO Regulation) (1),
Having regard to Commission Regulation (EC) No 951/2006 of 30 June 2006 laying down detailed rules for the implementation of Council Regulation (EC) No 318/2006 as regards trade with third countries in the sugar sector (2), and in particular Article 36(2), second subparagraph, second sentence thereof,
Whereas:
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(1) |
The representative prices and additional duties applicable to imports of white sugar, raw sugar and certain syrups for the 2009/10 marketing year are fixed by Commission Regulation (EC) No 877/2009 (3). These prices and duties have been last amended by Commission Regulation (EU) No 764/2010 (4). |
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(2) |
The data currently available to the Commission indicate that those amounts should be amended in accordance with the rules and procedures laid down in Regulation (EC) No 951/2006, |
HAS ADOPTED THIS REGULATION:
Article 1
The representative prices and additional duties applicable to imports of the products referred to in Article 36 of Regulation (EC) No 951/2006, as fixed by Regulation (EC) No 877/2009 for the 2009/10, marketing year, are hereby amended as set out in the Annex hereto.
Article 2
This Regulation shall enter into force on 28 August 2010.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 27 August 2010.
For the Commission, On behalf of the President,
Jean-Luc DEMARTY
Director-General for Agriculture and Rural Development
(1) OJ L 299, 16.11.2007, p. 1.
(2) OJ L 178, 1.7.2006, p. 24.
(3) OJ L 253, 25.9.2009, p. 3.
(4) OJ L 225, 27.8.2010, p. 3.
ANNEX
Amended representative prices and additional import duties applicable to white sugar, raw sugar and products covered by CN code 1702 90 95 from 28 August 2010
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(EUR) |
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CN code |
Representative price per 100 kg net of the product concerned |
Additional duty per 100 kg net of the product concerned |
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1701 11 10 (1) |
46,63 |
0,00 |
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1701 11 90 (1) |
46,63 |
0,92 |
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1701 12 10 (1) |
46,63 |
0,00 |
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1701 12 90 (1) |
46,63 |
0,62 |
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1701 91 00 (2) |
44,97 |
3,98 |
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1701 99 10 (2) |
44,97 |
0,85 |
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1701 99 90 (2) |
44,97 |
0,85 |
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1702 90 95 (3) |
0,45 |
0,24 |
(1) For the standard quality defined in point III of Annex IV to Regulation (EC) No 1234/2007.
(2) For the standard quality defined in point II of Annex IV to Regulation (EC) No 1234/2007.
(3) Per 1 % sucrose content.
DECISIONS
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28.8.2010 |
EN |
Official Journal of the European Union |
L 226/42 |
COMMISSION DECISION
of 17 August 2010
amending Decision 2007/365/EC as regards the susceptible plants and the measures to be taken in cases where Rhynchophorus ferrugineus (Olivier) is detected
(notified under document C(2010) 5640)
(2010/467/EU)
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 fourth sentence of Article 16(3), thereof,
Whereas:
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(1) |
Commission Decision 2007/365/EC (2) requires Member States to adopt measures to protect themselves against the introduction and spread of Rhynchophorus ferrugineus (Olivier) (the specified organism). In addition, Member States are to conduct official annual surveys for the presence of the specified organism or evidence of infection by the specified organism on plants of the Palmae family in their territory and notify the Commission and the other Member States of the results of those surveys. |
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(2) |
The official annual surveys carried out by the Member States in 2009 show that the specified organism also infested plant species belonging to the Palmae family which are not defined as susceptible plants in Decision 2007/365/EC. Therefore, it is necessary to include the plant species belonging to Palmae in the list of susceptible plants in Decision 2007/365/EC in order to allow for the emergency measures provided for in that Decision to apply also to those species. |
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(3) |
Missions carried out by the Commission in Member States, in particular in 2009, showed that the results of the application of Decision 2007/365/EC were not fully satisfactory as regards the measures to be taken in cases where the specified organism is detected. In addition to the findings of those missions, the Commission received further information on the methods of control, containment and eradication of the specified organism, in January 2010, from a group of experts formed by the Commission to assist it in this context and including experts from all Member States affected by the specified organism, and in May 2010, on the occasion of an international conference on the specified organism, which took place in Spain. Taking into account the results of those missions and the information received in 2010, it is necessary to make certain amendments to Decision 2007/365/EC. |
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(4) |
The information received in 2009 and in 2010 suggests that the risk of possible spread of the specified organism through import of susceptible plants from third countries or from areas in third countries, that are not free from the specified organism cannot, due to the cryptic biology of the specified organism, be adequately mitigated by appropriate preventive treatments. Such treatments do not sufficiently prevent spreading of the specified organism from susceptible plants which are infested but show no symptoms. It is therefore necessary to place susceptible plants imported from those third countries or from those areas in third countries in a site in the Union with complete physical protection. |
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(5) |
In cases where the specified organism appears in a Member State or in a part of a Member State, in which its presence was previously unknown, the Member State concerned should immediately, and in any case within five days, notify the Commission and the other Member States. To this aim, it should also be ensured that the responsible official body of that Member State is immediately informed. In most cases the Member State concerned should further define a demarcated area, draw up an action plan and implement that action plan. In order to facilitate an integrated approach for the eradication of the organism the action plan should set out all the measures, the reasons for those measures, describing the situation and the scientific data and the criteria on which those measures were selected. |
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(6) |
However, in some cases it may occur that only plants belonging to one consignment were identified as infested in an area, in which the specified organism was previously not known to occur within a radius of 10 km around those infested plants, that the infestation is linked to a consignment that was moved recently into that area and that that consignment had already been infested by the specified organism prior to movement. In those cases, and only where there is no risk of spreading of the specified organism, Member States should have the possibility to decide not to establish the demarcated area and to limit the official measures to the destruction of the infested material, carrying out an intensified survey programme and the tracing of related plant material. |
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(7) |
In order to provide the Commission and the other Member States with detailed information on the spreading of the specified organism and on the official measures taken to contain and eradicate it, the Member States concerned should submit the official annual surveys to the Commission together with up-to-date action plans and, where applicable, an up-to-date list of the demarcated areas including a description and location of those areas. |
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(8) |
Decision 2007/365/EC should therefore be amended accordingly. |
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(9) |
The measures provided for in this Decision are in accordance with the opinion of the Standing Committee on Plant Health, |
HAS ADOPTED THIS DECISION:
Article 1
Decision 2007/365/EC is amended as follows:
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1. |
In Article 1, point (b) is replaced by the following:
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2. |
Article 5 is replaced by the following: ‘Article 5 Surveys and notifications 1. Member States shall conduct official annual surveys for the presence of the specified organism or evidence of infestation by the specified organism on plants of Palmae in their territory. Without prejudice to Article 16(2) of Directive 2000/29/EC, the results of those surveys shall be notified to the Commission and to the other Member States by 28 February of each year. In Member States in which the specified organism is present that notification shall be accompanied by:
2. Member States shall ensure that any suspected or actual appearance of the specified organism in an area within their territory shall immediately be notified to the responsible official body of the Member State concerned. 3. Without prejudice to Article 16(2) of Directive 2000/29/EC, Member States shall in any case, within five days and in writing, notify the Commission and the other Member States of the actual appearance of the specified organism in an area within its territory where its presence was previously unknown.’ |
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3. |
Article 6 is replaced by the following: ‘Article 6 Eradication measures, demarcated areas and action plans 1. Where, from the results of the surveys referred to in Article 5(1), the notifications referred to in Article 5(2) or information from any other source, there is evidence of the presence of the specified organism in the territory of a Member State, that Member State shall without delay:
2. When a Member State defines a demarcated area and establishes an action plan in accordance with paragraph 1, it shall notify them to the Commission and the other Member States within one month of the notification according to Article 5, paragraph 3. This notification shall include a description of that demarcated area, a map and that action plan. 3. Member States shall ensure that the action plan and the technical measures referred to in paragraph 1(b) are implemented by technically qualified and duly authorised public servants and/or qualified agents or operators or, at least, under direct supervision of the responsible official bodies. 4. Member States may deviate from the obligation to define a demarcated area referred to in paragraph 1(a), in cases where the surveys referred to in Article 5(1), the notifications referred to in Article 5(2) or information from any other source has provided evidence that:
In such cases, Member States shall establish an action plan in accordance with point 3 of Annex II, but may decide not to define a demarcated area and to limit the official measures referred to in point 3 of Annex II to the destruction of the infested material, carrying out an intensified survey programme in an area of at least 10 km around the infestation and the tracing of related plant material.’ |
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4. |
The Annexes to Decision 2007/365/EC are amended in accordance with the Annex to this Decision. |
Article 2
This Decision is addressed to the Member States.
Done at Brussels, 17 August 2010.
For the Commission
John DALLI
Member of the Commission
(1) OJ L 169, 10.7.2000, p. 1.
(2) OJ L 139, 31.5.2007, p. 24.
ANNEX
The Annexes to Decision 2007/365/EC are amended as follows:
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1. |
In Annex I, point (d) of point 2 is replaced by the following:
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2. |
In Annex II, point 2 is replaced by the following: ‘2. Official measures in demarcated areas The official measures to be taken in the demarcated areas, as referred to in Article 6(1)(b), shall include the following:
3. Establishment and implementation of action plans The action plan referred to in Article 6(1)(b) shall contain a detailed description of the official measures which the Member State concerned has taken or intends to take to eradicate the specified organism. It shall include a time period for the implementation of each of those measures. The action plan shall take account of International Standard for Phytosanitary Measures No 9 (1) and shall be based on an integrated approach according to the principles set out in the International Standard for Phytosanitary Measures No 14 (2). In the demarcated areas referred to in Article 6(1)(a) for which the results of the annual surveys over at least 3 years show that the eradication of the specified organism within one additional year is not possible, the action plan and the implementation thereof shall first focus on containing and suppressing the specified organism in the infested zone, while keeping eradication as the longer-term objective. The action plan shall, at least, address the official measures referred to in point (2). Regarding point 2(a) the action plan shall consider all measures listed therein and set out the reasons for measures chosen to be implemented, describing the situation and the scientific data and the criteria on which the measures were selected. |
(1) Guidelines for pest eradication programmes — Reference Standard ISPM No 9 by the Secretariat of the International Plant Protection Convention, Rome.
(2) The use of integrated measures in a systems approach for pest risk management — Reference Standard ISPM No 14 by the Secretariat of the International Plant Protection Convention, Rome.’
|
28.8.2010 |
EN |
Official Journal of the European Union |
L 226/46 |
COMMISSION DECISION
of 27 August 2010
providing for the temporary marketing of varieties of Avena strigosa Schreb. not included in the common catalogue of varieties of agricultural plant species or in the national catalogues of varieties of the Member States
(notified under document C(2010) 5835)
(Text with EEA relevance)
(2010/468/EU)
THE EUROPEAN COMMISSION,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to Council Directive 66/402/EEC of 14 June 1966 on the marketing of cereal seed (1), and in particular Article 17(1) thereof,
Whereas:
|
(1) |
Commission Directive 2009/74/EC of 26 June 2009 amending Council Directives 66/401/EEC, 66/402/EEC, 2002/55/EC and 2002/57/EC as regards the botanical names of plants, the scientific names of other organisms and certain Annexes to Directives 66/401/EEC, 66/402/EEC and 2002/57/EC in the light of developments of scientific and technical knowledge (2) has identified the species Avena strigosa Schreb. (hereinafter ‘A. strigosa’) as an independent species to be included in the list of species covered by Directive 66/402/EEC. |
|
(2) |
A. strigosa is a crop proved to be among the most effective in reducing soil erosion, nitrogen leaching, in particular leaching of nitrates from agricultural sources, and it is an important component of seed mixtures for forage purposes. According to the information provided by the authorities of 6 Member States (Belgium, France, Germany, Italy, Spain and Portugal), the demand for seed of this species has in the last years increased considerably in the Union and in particular in these Member States. |
|
(3) |
Before the entry into force of Directive 2009/74/EC and the subsequent listing of A. strigosa among the species covered by Directive 66/402/EEC, the supply of the market was ensured by national production and mainly by the import from third countries of seed of this species in accordance with national legislation applicable at that time. Following the inclusion of A. strigosa in the list of the species covered by Directive 66/402/EEC, only seed of varieties registered in the common catalogue of varieties of agricultural plant species may be marketed and imported. |
|
(4) |
Since the inclusion of the species A. strigosa among the list of species covered by Directive 66/402/EEC, only two varieties of that species have been registered in the common catalogue of varieties of agricultural plant species. |
|
(5) |
In the light of these circumstances, temporary difficulties in the general supply of A. strigosa have occurred and are expected to continue. These difficulties cannot be overcome otherwise than through Member States permitting, for a specified period and subject to an appropriate maximum quantity, the marketing of varieties of A. strigosa not included in the common catalogue of varieties of agricultural plant species or in the national catalogues of varieties of the Member States. |
|
(6) |
Member States should therefore be authorised to temporarily permit the marketing of such seed, subject to certain conditions and limitations and without prejudice to the more stringent provisions concerning the presence of Avena fatua in cereal seed which Denmark, Estonia, Finland, Ireland, Latvia, Lithuania, Malta, the Netherlands, Sweden and the United Kingdom in respect of Northern Ireland may apply pursuant to the relevant Commission Decisions. |
|
(7) |
It appears from the information provided to the Commission by the Member States that, in total, a quantity of 4 970 tonnes is necessary to resolve these supply difficulties (Belgium 300 tonnes, France 3 700 tonnes, Germany 200 tonnes, Italy 220 tonnes, Spain 300 tonnes and Portugal 250 tonnes), for a period expiring on 31 December 2010. To ensure that this seed is of sufficient quality it should meet at least the requirements laid down in Annex II to Directive 66/402/EEC as regards germination, analytical purity and content of seeds of other plant species for the category certified seed, 2nd generation of A. strigosa. |
|
(8) |
It is appropriate that one Member State acts in order to ensure that the quantity of seed authorised for marketing by the Member States pursuant to this Decision does not exceed the total maximum quantity of 4 970 tonnes that is necessary to resolve the supply difficulties. In line with the requests of the six Member States, France should therefore act as single coordinator. In order to ensure the good functioning of the system set out by this Decision, it is further necessary that the coordinating Member State, the other Member States and the Commission immediately share the relevant information regarding applications and the granting of authorisations for marketing. |
|
(9) |
The measures provided for in this Decision are in accordance with the opinion of the Standing Committee on Seeds and Propagating Material for Agriculture, Horticulture and Forestry, |
HAS ADOPTED THIS DECISION:
Article 1
1. The marketing in the Union of seed of varieties of A. strigosa not included in the common catalogue of varieties of agricultural plant species or in the national catalogues of varieties of the Member States shall be permitted, for a period expiring on 31 December 2010 and subject to the conditions referred to in paragraphs 2 to 5.
2. The total quantity of seed authorised for marketing in the Union pursuant to this Decision shall not exceed 4 970 tonnes.
3. The seed referred to in paragraph 1 shall comply with the requirements laid down in Annex II to Directive 66/402/EEC as regards the conditions concerning germination, analytical purity and content of seeds of other plant species to be satisfied by the seed for the category certified seed, 2nd generation of A. strigosa.
4. Without prejudice to any labelling requirement of Directive 66/402/EEC, the official label shall contain the statement that the seed in question is of a category satisfying less stringent requirements than those laid down by that Directive, and that this category is lower than the category certified seed, 2nd generation. The colour of the label shall be brown.
5. The marketing of the seed referred in paragraph 1 shall be permitted upon application in conformity with Article 2.
Article 2
Any seed supplier wishing to place on the market the seed referred to in Article 1(1) shall apply for authorisation to the Member State in which he is established or to the Member State in which he wishes to place the seed on the market. The application shall specify the quantity of seed that the supplier wishes to place on the market.
The Member State concerned shall authorise the supplier to place the quantity of seed specified in the application on the market, unless:
|
(a) |
there is sufficient evidence to doubt whether the supplier is able and intends to place the quantity of seed specified in his application on the market; or |
|
(b) |
having regard to the information provided by the coordinating Member State referred to in the third subparagraph of Article 3, granting the authorisation would result in the total maximum quantity of seed referred to in Article 1(2) being exceeded; or |
|
(c) |
the conditions concerning germination, analytical purity and content of seeds of other plant species referred to in Article 1(3) have not been met. |
As regard point (b), in case the total maximum quantity would only allow for authorisation of part of the quantity specified in the application, the Member State concerned may authorise the supplier to place that lesser quantity on the market.
Article 3
Member States shall assist each other administratively in the application of this Decision.
For the period starting from the entry into force of this Decision until 31 December 2010, France shall act as coordinating Member State in order to ensure that the quantity of seed authorised for marketing in the Union by the Member States pursuant to this Decision shall not exceed the total maximum quantity of seed referred to in Article 1(2).
Any Member State receiving an application pursuant to Article 2 shall immediately inform the coordinating Member State of the quantity specified in that application. The coordinating Member State shall immediately inform that Member State as to whether and to what extent granting authorisation for marketing upon that application would result in the total maximum quantity of seed being exceeded.
Article 4
Member States shall immediately notify the Commission and the other Member States of the quantities in respect of which they have granted authorisation for marketing pursuant to this Decision.
Article 5
This Decision is addressed to the Member States.
Done at Brussels, 27 August 2010.
For the Commission
John DALLI
Member of the Commission
(1) OJ 125, 11.7.1966, p. 2309/66.
(2) OJ L 166, 27.6.2009, p. 40.
|
28.8.2010 |
EN |
Official Journal of the European Union |
L 226/48 |
DECISION OF THE EUROPEAN CENTRAL BANK
of 19 August 2010
on non-compliance with statistical reporting requirements
(ECB/2010/10)
(2010/469/EU)
THE GOVERNING COUNCIL OF THE EUROPEAN CENTRAL BANK,
Having regard to the Statute of the European System of Central Banks and of the European Central Bank, and in particular Articles 5.1 and 34.1 thereof,
Having regard to Council Regulation (EC) No 2533/98 of 23 November 1998 concerning the collection of statistical information by the European Central Bank (1), and in particular Article 7 thereof,
Having regard to Council Regulation (EC) No 2532/98 of 23 November 1998 concerning the powers of the European Central Bank to impose sanctions (2), and in particular Article 6(2) thereof,
Having regard to Regulation (EC) No 2157/1999 of the European Central Bank of 23 September 1999 on the powers of the European Central Bank to impose sanctions (ECB/1999/4) (3),
Whereas:
|
(1) |
Regulations (EC) No 25/2009 of the European Central Bank of 19 December 2008 concerning the balance sheet of the monetary financial institutions sector (recast) (ECB/2008/32) (4) and (EC) No 63/2002 of the European Central Bank of 20 December 2001 concerning statistics on interest rates applied by monetary financial institutions to deposits and loans vis-à-vis households and non-financial corporations (ECB/2001/18) (5) lay down the European Central Bank’s (ECB’s) statistical reporting requirements which reporting agents must comply with. |
|
(2) |
Article 7(1) of Regulation (EC) No 2533/98 provides that the ECB has the power to impose sanctions on reporting agents which fail to comply with statistical reporting requirements set out in ECB regulations or decisions. |
|
(3) |
To ensure equal treatment of reporting agents, the ECB should adopt a harmonised approach to the calculation of sanctions for infringements of the reporting requirements, to the infringement procedure and to any preceding phase, |
HAS ADOPTED THIS DECISION:
Article 1
Definitions
For the purposes of this Decision:
|
1. |
‘reporting agent’ has the same meaning as in Article 1 of Regulation (EC) No 2533/98; |
|
2. |
‘monetary financial institution’ (MFI) has the same meaning as in Article 1 of Regulation (EC) No 25/2009 (ECB/2008/32); |
|
3. |
‘infringement’ and ‘sanction’ have the same meaning as in Article 1 of Regulation (EC) No 2532/98; |
|
4. |
‘serious misconduct’ includes any of the following infringements of reporting requirements by reporting agents:
|
|
5. |
‘competent national central bank’ (competent NCB) means the NCB of the Member State in whose jurisdiction the infringement occurred; |
|
6. |
‘NCB deadline’ means the date set by each NCB for receiving data from the reporting agents. |
Article 2
Scope of application
1. The ECB and the NCBs shall monitor the compliance of reporting agents with the minimum standards required to meet their reporting obligations, as set out in Annex IV to Regulation (EC) No 25/2009 (ECB/2008/32) and Annex III to Regulation (EC) No 63/2002 (ECB/2001/18). In the event of non-compliance, the ECB and the competent NCB may decide to conduct an assessment phase and/or initiate an infringement procedure as referred to in Article 3(1) and (2). Following an infringement procedure the ECB may impose sanctions in line with Article 7 of Regulation (EC) No 2533/98.
2. Sanctions may be imposed following an infringement procedure in the event of failure to comply with minimum standards for transmission (in relation to timeliness and technical reporting requirements), accuracy (in relation to linear constraints and data consistency across frequencies) and conceptual compliance (in relation to definitions and classifications). Sanctions are also applied in the case of serious misconduct.
Article 3
Assessment phase and infringement procedure
1. Prior to the initiation of an infringement procedure under Regulation (EC) No 2532/98 and Regulation (EC) No 2157/1999 (ECB/1999/4):
|
(a) |
the competent NCB may, where it has logged non-compliance with the reporting requirements, give a warning to the reporting agent concerned informing it of the nature of the non-compliance logged, and recommend corrective measures to be taken in order to avoid repetition of the non-compliance; |
|
(b) |
the ECB or the competent NCB may ask the reporting agent concerned for any information relating to the non-compliance pursuant to Article 2(2) of Regulation (EC) No 2157/1999 (ECB/1999/4); |
|
(c) |
the reporting agent concerned shall be given an opportunity to provide explanations if it considers that the non-compliance was due to circumstances beyond its control. |
2. Either the ECB or the competent NCB may initiate an infringement procedure in line with Article 3 of Regulation (EC) No 2532/98 and Article 5 of Regulation (EC) No 2157/1999 (ECB/1999/4). The following rules shall also apply:
|
(a) |
an infringement procedure shall be initiated, without any assessment phase, in the case of serious misconduct; |
|
(b) |
without prejudice to point (a), an infringement procedure shall be initiated after repeated non-compliance has been logged by the competent NCB, unless:
|
3. If the ECB or the competent NCB initiates an infringement procedure, the procedure shall be carried out in accordance with Article 3 of Regulation (EC) No 2532/98, including the issuing of a written notification and the adoption of a reasoned decision by the ECB.
Article 4
Application of sanctions
1. Sanctions shall be calculated following a two-stage procedure. First a baseline amount is calculated which reflects quantitative aspects. The circumstances of the case as referred to in Article 2(3) of Regulation (EC) No 2532/98 are then taken into account and may affect the actual amount of the sanction.
2. In the case of infringements relating to timeliness, the seriousness of the infringement shall depend on the number of working days of delay vis-à-vis the NCB deadline.
3. In the case of infringements relating to inaccuracy and/or conceptual compliance, the seriousness of the infringement shall depend on the size of the error. The ECB shall not take into account errors of a rounding nature or negligible errors. In addition, as regards conceptual compliance, ordinary revisions, i.e. non-systematic revisions to the series reported within the period (month or quarter) following the initial reporting, shall not be considered as cases of conceptual non-compliance.
4. Article 7(4) of Regulation (EC) No 2533/98 sets forth the maximum sanctions which the ECB may impose on reporting agents.
5. If an infringement of statistical reporting requirements also results in an infringement of minimum reserve requirements, no sanction shall be imposed for the infringement of the statistical reporting requirements.
Article 5
Final provision
This Decision shall enter into force on 1 September 2010. It shall apply from the reference period December 2010 for monthly and annual reporting requirements and the fourth quarter 2010 for quarterly reporting requirements.
Done at Frankfurt am Main, 19 August 2010.
The President of the ECB
Jean-Claude TRICHET
(1) OJ L 318, 27.11.1998, p. 8.
(2) OJ L 318, 27.11.1998, p. 4.
(3) OJ L 264, 12.10.1999, p. 21.
(4) OJ L 15, 20.1.2009, p. 14.
(5) OJ L 10, 12.1.2002, p. 24.