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Document L:2011:098:FULL

Official Journal of the European Union, L 98, 13 April 2011


Display all documents published in this Official Journal
 

ISSN 1725-2555

doi:10.3000/17252555.L_2011.098.eng

Official Journal

of the European Union

L 98

European flag  

English edition

Legislation

Volume 54
13 April 2011


Contents

 

II   Non-legislative acts

page

 

 

REGULATIONS

 

*

Commission Regulation (EU) No 354/2011 of 12 April 2011 opening and providing for the management of tariff quotas of the Union for certain fish and fishery products originating in Bosnia and Herzegovina

1

 

*

Commission Implementing Regulation (EU) No 355/2011 of 8 April 2011 approving non-minor amendments to the specification for a name entered in the register of protected designations of origin and protected geographical indications (Montasio (PDO))

6

 

*

Commission Implementing Regulation (EU) No 356/2011 of 12 April 2011 amending Regulation (EU) No 447/2010 opening the sale of skimmed milk powder by a tendering procedure

8

 

 

Commission Implementing Regulation (EU) No 357/2011 of 12 April 2011 establishing the standard import values for determining the entry price of certain fruit and vegetables

9

 

 

Commission Implementing Regulation (EU) No 358/2011 of 12 April 2011 amending the representative prices and additional import duties for certain products in the sugar sector fixed by Regulation (EU) No 867/2010 for the 2010/11 marketing year

11

 

 

DECISIONS

 

 

2011/233/EU

 

*

Decision of the European Parliament and of the Council of 5 April 2011 on the mobilisation of the European Globalisation Adjustment Fund, in accordance with point 28 of the Interinstitutional Agreement of 17 May 2006 between the European Parliament, the Council and the Commission on budgetary discipline and sound financial management (application EGF/2010/010 CZ/Unilever from the Czech Republic)

13

 

 

2011/234/EU

 

*

Commission Implementing Decision of 11 April 2011 concerning the non-inclusion of dichlobenil in Annex I to Council Directive 91/414/EEC (notified under document C(2011) 2437)  ( 1 )

14

 

 

Corrigenda

 

*

Corrigendum to Commission Implementing Regulation (EU) No 351/2011 of 11 April 2011 amending Regulation (EU) No 297/2011 imposing special conditions governing the import of feed and food originating in or consigned from Japan following the accident at the Fukushima nuclear power station ( OJ L 97, 12.4.2011 )

16

 


 

(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

REGULATIONS

13.4.2011   

EN

Official Journal of the European Union

L 98/1


COMMISSION REGULATION (EU) No 354/2011

of 12 April 2011

opening and providing for the management of tariff quotas of the Union for certain fish and fishery products originating in Bosnia and Herzegovina

THE EUROPEAN COMMISSION,

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

Having regard to Council Regulation (EC) No 594/2008 of 16 June 2008 on certain procedures for applying the Stabilisation and Association Agreement between the European Communities and their Member States, of the one part, and Bosnia and Herzegovina, of the other part, and for applying the Interim Agreement on trade and trade-related matters between the European Community, of the one part, and Bosnia and Herzegovina, of the other part (1), and in particular Article 2 thereof,

Whereas:

(1)

A Stabilisation and Association Agreement between the European Communities and their Member States, of the one part, and Bosnia and Herzegovina, of the other part (‘the Stabilisation and Association Agreement’), was signed in Luxembourg on 16 June 2008. The Stabilisation and Association Agreement is in the process of ratification.

(2)

On 16 June 2008 an Interim Agreement was concluded on trade and trade-related matters between the European Community, of the one part, and Bosnia and Herzegovina, of the other part (2) (‘the Interim Agreement’), which was approved by Council Decision 2008/474/EC (3). The Interim Agreement provides for the early entry into force of the trade and trade-related provisions of the Stabilisation and Association Agreement. It entered into force on 1 July 2008.

(3)

The Interim Agreement and the Stabilisation and Association Agreement provide that certain fish and fishery products originating in Bosnia and Herzegovina may be imported into the European Union, within the limits of tariff quotas of the Union (‘quotas’), at a reduced or a zero rate of customs duty.

(4)

The tariff quotas provided for in the Interim Agreement and in the Stabilisation and Association Agreement are annual and have been adopted for an indefinite period. It is necessary to open the tariff quotas for 2008 and following years and to provide for a common system for their management.

(5)

This common management should ensure that all importers in the European Union have equal and continuous access to the tariff quotas and that the rates laid down for the quotas are applied uninterruptedly to all imports of the products in question into all Member States until the quotas are exhausted. In order to ensure the efficiency of the system, Member States should be authorised to draw from the quota volumes the necessary quantities corresponding to actual imports. Close cooperation between the Member States and the Commission is required and the latter must in particular be able to monitor the rate at which the quotas are used up and inform the Member States accordingly. For reasons of speed and efficiency, communication between the Member States and the Commission should, as far as possible, take place by electronic transmission.

(6)

The quotas opened by this Regulation should therefore be managed in accordance with the system for management of tariff quotas designed to be used following the chronological order of dates of acceptance of customs declarations which is provided for in Commission Regulation (EEC) No 2454/93 of 2 July 1993 laying down provisions for the implementation of Council Regulation (EEC) No 2913/92 establishing the Community Customs Code (4).

(7)

As the Interim Agreement entered into force on 1 July 2008, this Regulation should apply from the same date and should remain in force after the entry into force of the Stabilisation and Association Agreement.

(8)

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

HAS ADOPTED THIS REGULATION:

Article 1

Fish and fishery products originating in Bosnia and Herzegovina and listed in the Annex that are put into free circulation in the European Union shall benefit from a reduced or a zero rate of customs duty, at the levels and within the limits of the annual tariff quotas of the Union set out in the Annex.

In order to benefit from these preferential rates, the products in question shall be accompanied by a proof of origin as provided for in Protocol 2 to the Interim Agreement with Bosnia and Herzegovina or in Protocol 2 to the Stabilisation and Association Agreement with Bosnia and Herzegovina.

Article 2

1.   The tariff quotas referred to in Article 1 shall be managed by the Commission in accordance with Articles 308a, 308b and 308c of Regulation (EEC) No 2454/93.

2.   Communications referring to the management of tariff quotas between the Member States and the Commission shall be effected, as far as possible, by electronic transmission.

Article 3

The Member States and the Commission shall cooperate closely to ensure compliance with this Regulation.

Article 4

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

It shall apply from 1 July 2008.

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

Done at Brussels, 12 April 2011.

For the Commission

The President

José Manuel BARROSO


(1)   OJ L 169, 30.6.2008, p. 1.

(2)   OJ L 169, 30.6.2008, p. 13.

(3)   OJ L 169, 30.6.2008, p. 10.

(4)   OJ L 253, 11.10.1993, p. 1.


ANNEX

Notwithstanding the rules for the interpretation of the Combined Nomenclature, the wording for the description of the products is to be considered as having no more than an indicative value, the preferential scheme being determined, within the context of this Annex, by the coverage of CN codes. Where ex CN codes are indicated, the preferential scheme is to be determined by application of the CN code and corresponding description taken together.

FISH AND FISHERY PRODUCTS

Order No

CN Code

TARIC subdivision

Description

Annual Tariff Quota volume (in tonnes net weight)

Rate of quota duty

09.1594

0301 91 10

 

Trout (Salmo trutta, Oncorhynchus mykiss, Oncorhynchus clarki, Oncorhynchus aguabonita, Oncorhynchus gilae, Oncorhynchus apache and Onchorhynchus chrysogaster): live; fresh or chilled; frozen; dried, salted or in brine, smoked; fillets and other fish meat; flours, meals and pellets, fit for human consumption

60 tonnes

Free

0301 91 90

 

0302 11 10

 

0302 11 20

 

0302 11 80

 

0303 21 10

 

0303 21 20

 

0303 21 80

 

0304 19 15

 

0304 19 17

 

ex 0304 19 19  (1)

30

ex 0304 19 91

10

0304 29 15

 

0304 29 17

 

ex 0304 29 19  (2)

30

ex 0304 99 21

11 , 12 , 20

ex 0305 10 00

10

ex 0305 30 90

50

0305 49 45

 

ex 0305 59 80

61

ex 0305 69 80

61

09.1595

0301 93 00

 

Carp: live; fresh or chilled; frozen; dried, salted or in brine, smoked; fillets and other fish meat; flours, meals and pellets, fit for human consumption

130 tonnes

Free

0302 69 11

 

0303 79 11

 

ex 0304 19 19  (1)

20

ex 0304 19 91

20

ex 0304 29 19  (2)

20

ex 0304 99 21

16

ex 0305 10 00

20

ex 0305 30 90

60

ex 0305 49 80

30

ex 0305 59 80

63

ex 0305 69 80

63

09.1596

ex 0301 99 80

80

Sea bream (Dentex dentex and Pagellus spp.): live; fresh or chilled; frozen; dried, salted or in brine, smoked; fillets and other fish meat; flours, meals and pellets, fit for human consumption

30 tonnes

Free

0302 69 61

 

0303 79 71

 

ex 0304 19 39

80

ex 0304 19 99

77

ex 0304 29 99

50

ex 0304 99 99

20

ex 0305 10 00

30

ex 0305 30 90

70

ex 0305 49 80

40

ex 0305 59 80

65

ex 0305 69 80

65

09.1597

ex 0301 99 80

22

Sea bass (Dicentrarchus labrax): live; fresh or chilled; frozen; dried, salted or in brine, smoked; fillets and other fish meat; flours, meals and pellets, fit for human consumption

30 tonnes

Free

0302 69 94

 

ex 0303 77 00

10

ex 0304 19 39

85

ex 0304 19 99

79

ex 0304 29 99

60

ex 0304 99 99

70

ex 0305 10 00

40

ex 0305 30 90

80

ex 0305 49 80

50

ex 0305 59 80

67

ex 0305 69 80

67

09.1598

1604 13 11

 

Prepared or preserved sardines

50 tonnes

6  %

1604 13 19

 

ex 1604 20 50

10 , 19

09.1599

1604 16 00

 

Prepared or preserved anchovies

50 tonnes

12,5  %

1604 20 40

 


(1)  From 1 January 2010 the CN code ex 0304 19 19 changed to ex 0304 19 18.

(2)  From 1 January 2010 the CN code ex 0304 29 19 changed to ex 0304 29 18.


13.4.2011   

EN

Official Journal of the European Union

L 98/6


COMMISSION IMPLEMENTING REGULATION (EU) No 355/2011

of 8 April 2011

approving non-minor amendments to the specification for a name entered in the register of protected designations of origin and protected geographical indications (Montasio (PDO))

THE EUROPEAN COMMISSION,

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

Having regard to Council Regulation (EC) No 510/2006 of 20 March 2006 on the protection of geographical indications and designations of origin for agricultural products and foodstuffs (1), and in particular the first subparagraph of Article 7(4) thereof,

Whereas:

(1)

Pursuant to the first subparagraph of Article 9(1) of Regulation (EC) No 510/2006 and in accordance with Article 17(2) thereof, the Commission has examined Italy’s application for the approval of amendments to the specification for the protected designation of origin ‘Montasio’ registered under Commission Regulation (EC) No 1107/96 (2), as amended by Commission Regulation (EC) No 1263/96 (3).

(2)

Since the amendments in question are not minor within the meaning of Article 9 of Regulation (EC) No 510/2006, the Commission published the amendment application in the Official Journal of the European Union (4), as required by the first subparagraph of Article 6(2) of that Regulation. As no statement of objection within the meaning of Article 7 of Regulation (EC) No 510/2006 has been notified to the Commission, the amendments should be approved,

HAS ADOPTED THIS REGULATION:

Article 1

The amendments to the specification published in the Official Journal of the European Union regarding the name in the Annex to this Regulation are hereby approved.

Article 2

This Regulation shall enter into force on the 20th day following 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, 8 April 2011.

For the Commission, On behalf of the President,

Dacian CIOLOŞ

Member of the Commission


(1)   OJ L 93, 31.3.2006, p. 12.

(2)   OJ L 148, 21.6.1996, p. 1.

(3)   OJ L 163, 2.7.1996, p. 19.

(4)   OJ C 212, 5.8.2010, p. 9.


ANNEX

Agricultural products intended for human consumption listed in Annex I to the Treaty:

Class 1.3.   Cheeses

ITALY

Montasio (PDO)


13.4.2011   

EN

Official Journal of the European Union

L 98/8


COMMISSION IMPLEMENTING REGULATION (EU) No 356/2011

of 12 April 2011

amending Regulation (EU) No 447/2010 opening the sale of skimmed milk powder by a tendering procedure

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), and in particular Article 43(f) and (j), in conjunction of Article 4 thereof,

Whereas:

(1)

Article 1 of Commission Regulation (EU) No 447/2010 (2) lays down that the skimmed milk powder entered into storage before 1 November 2009 is available for sale by tendering procedure. For sake of clarity, it is appropriate to fix the unit of measure to which the proposed price should refer to.

(2)

Article 2 of Regulation (EU) No 447/2010 lays down that the submission of the tenders in response to individual invitations to tender has to be made on the first and the third Tuesday of the month. The current dairy market situation allows reducing the number of individual invitations to tender to once per month.

(3)

Regulation (EU) No 447/2010 should therefore be amended accordingly.

(4)

The measures provided for in this Regulation are in accordance with the opinion of the Management Committee for the Common Organisation of Agricultural Markets,

HAS ADOPTED THIS REGULATION:

Article 1

Regulation (EU) No 447/2010 is amended as follows:

(a)

in Article 1 the following paragraph is added:

‘The proposed price shall be the price per 100 kg of products.’;

(b)

in Article 2, paragraph 1 is replaced by the following:

‘1.   The time limit for submission of tenders in response to the individual invitations to tender shall be 11.00 (Brussels time) on the third Tuesday of the month. However, in August it shall be 11.00 (Brussels time) of the fourth Tuesday and in December it shall be 11.00 (Brussels time) on the second Tuesday. If Tuesday is a public holiday the time limit shall be 11.00 (Brussels time) on the previous working day.’.

Article 2

This Regulation shall enter into force on the third day following 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, 12 April 2011.

For the Commission, On behalf of the President,

Neelie KROES

Vice-President


(1)   OJ L 299, 16.11.2007, p. 1.

(2)   OJ L 126, 22.5.2010, p. 19.


13.4.2011   

EN

Official Journal of the European Union

L 98/9


COMMISSION IMPLEMENTING REGULATION (EU) No 357/2011

of 12 April 2011

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 13 April 2011.

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

Done at Brussels, 12 April 2011.

For the Commission, On behalf of the President,

José Manuel SILVA RODRÍGUEZ

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

(EUR/100 kg)

CN code

Third country code (1)

Standard import value

0702 00 00

EG

74,4

JO

68,6

MA

47,4

TN

113,1

TR

83,5

ZZ

77,4

0707 00 05

EG

152,2

TR

136,6

ZZ

144,4

0709 90 70

MA

82,8

TR

112,8

ZA

15,5

ZZ

70,4

0805 10 20

EG

60,2

IL

77,0

MA

50,4

TN

47,1

TR

73,9

ZZ

61,7

0805 50 10

EG

53,5

TR

50,7

ZZ

52,1

0808 10 80

AR

105,9

BR

82,2

CA

114,9

CL

92,2

CN

122,4

MK

50,2

NZ

122,7

US

121,4

UY

57,7

ZA

86,0

ZZ

95,6

0808 20 50

AR

91,2

CL

119,7

CN

85,8

US

72,1

ZA

89,2

ZZ

91,6


(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’.


13.4.2011   

EN

Official Journal of the European Union

L 98/11


COMMISSION IMPLEMENTING REGULATION (EU) No 358/2011

of 12 April 2011

amending the representative prices and additional import duties for certain products in the sugar sector fixed by Regulation (EU) No 867/2010 for the 2010/11 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:

(1)

The representative prices and additional duties applicable to imports of white sugar, raw sugar and certain syrups for the 2010/11 marketing year are fixed by Commission Regulation (EU) No 867/2010 (3). These prices and duties have been last amended by Commission Regulation (EU) No 353/2011 (4).

(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 (EU) No 867/2010 for the 2010/11, marketing year, are hereby amended as set out in the Annex hereto.

Article 2

This Regulation shall enter into force on 13 April 2011.

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

Done at Brussels, 12 April 2011.

For the Commission, On behalf of the President,

José Manuel SILVA RODRÍGUEZ

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 259, 1.10.2010, p. 3.

(4)   OJ L 97, 12.4.2011, p. 26.


ANNEX

Amended representative prices and additional import duties applicable to white sugar, raw sugar and products covered by CN code 1702 90 95 from 13 April 2011

(EUR)

CN code

Representative price per 100 kg net of the product concerned

Additional duty per 100 kg net of the product concerned

1701 11 10  (1)

45,90

0,00

1701 11 90  (1)

45,90

1,13

1701 12 10  (1)

45,90

0,00

1701 12 90  (1)

45,90

0,84

1701 91 00  (2)

48,51

2,92

1701 99 10  (2)

48,51

0,00

1701 99 90  (2)

48,51

0,00

1702 90 95  (3)

0,49

0,22


(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

13.4.2011   

EN

Official Journal of the European Union

L 98/13


DECISION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

of 5 April 2011

on the mobilisation of the European Globalisation Adjustment Fund, in accordance with point 28 of the Interinstitutional Agreement of 17 May 2006 between the European Parliament, the Council and the Commission on budgetary discipline and sound financial management (application EGF/2010/010 CZ/Unilever from the Czech Republic)

(2011/233/EU)

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,

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

Having regard to the Interinstitutional Agreement of 17 May 2006 between the European Parliament, the Council and the Commission on budgetary discipline and sound financial management (1), and in particular point 28 thereof,

Having regard to Regulation (EC) No 1927/2006 of the European Parliament and of the Council of 20 December 2006 establishing the European Globalisation Adjustment Fund (2), and in particular Article 12(3) thereof,

Having regard to the proposal from the European Commission,

Whereas:

(1)

The European Globalisation Adjustment Fund (EGF) was established to provide additional support for workers made redundant as a result of major structural changes in world trade patterns due to globalisation and to assist them with their reintegration into the labour market.

(2)

The scope of the EGF was broadened for applications submitted from 1 May 2009 to include support for workers made redundant as a direct result of the global financial and economic crisis.

(3)

The Interinstitutional Agreement of 17 May 2006 allows the mobilisation of the EGF within the annual ceiling of EUR 500 million.

(4)

The Czech Republic submitted an application on 24 March 2010 to mobilise the EGF in respect of redundancies in Unilever ČR spol.s r.o. and supplemented it with additional information up to 20 September 2010. This application complies with the requirements for determining the financial contributions as laid down in Article 10 of Regulation (EC) No 1927/2006. The Commission, therefore, proposes to mobilise an amount of EUR 323 820.

(5)

The EGF should, therefore, be mobilised in order to provide a financial contribution for the application submitted by the Czech Republic,

HAVE ADOPTED THIS DECISION:

Article 1

For the general budget of the European Union for the financial year 2011, the European Globalisation Adjustment Fund shall be mobilised to provide the sum of EUR 323 820 in commitment and payment appropriations.

Article 2

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

Done at Strasbourg, 5 April 2011.

For the European Parliament

The President

J. BUZEK

For the Council

The President

GYŐRI E.


(1)   OJ C 139, 14.6.2006, p. 1.

(2)   OJ L 406, 30.12.2006, p. 1.


13.4.2011   

EN

Official Journal of the European Union

L 98/14


COMMISSION IMPLEMENTING DECISION

of 11 April 2011

concerning the non-inclusion of dichlobenil in Annex I to Council Directive 91/414/EEC

(notified under document C(2011) 2437)

(Text with EEA relevance)

(2011/234/EU)

THE EUROPEAN COMMISSION,

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

Having regard to Council Directive 91/414/EEC of 15 July 1991 concerning the placing of plant protection products on the market (1), and in particular Article 6(1) thereof,

Whereas:

(1)

Commission Regulations (EC) No 451/2000 (2) and (EC) No 1490/2002 (3) lay down the detailed rules for the implementation of the second and third stages of the programme of work referred to in Article 8(2) of Directive 91/414/EEC and establish a list of active substances to be assessed, with a view to their possible inclusion in Annex I to Directive 91/414/EEC. That list included dichlobenil.

(2)

In accordance with Article 11f of Regulation (EC) No 1490/2002 and Article 12(1)(a) and Article 12(2)(b) of that Regulation, Commission Decision 2008/754/EC of 18 September 2008 concerning the non-inclusion of dichlobenil in Annex I to Council Directive 91/414/EEC and the withdrawal of authorisations for plant protection products containing that substance (4) was adopted.

(3)

The original notifier (hereinafter ‘the applicant’) submitted a new application pursuant to Article 6(2) of Directive 91/414/EEC requesting the accelerated procedure to be applied, as provided for in Articles 14 to 19 of Commission Regulation (EC) No 33/2008 of 17 January 2008 laying down detailed rules for the application of Council Directive 91/414/EEC as regards a regular and an accelerated procedure for the assessment of active substances which were part of the programme of work referred to in Article 8(2) of that Directive but have not been included into its Annex I (5).

(4)

The application was submitted to the United Kingdom, which had been designated rapporteur Member State by Regulation (EC) No 1490/2002. The time period for the accelerated procedure was respected. The specification of the active substance and the supported uses are the same as were the subject of Decision 2008/754/EC. That application also complies with the remaining substantive and procedural requirements of Article 15 of Regulation (EC) No 33/2008.

(5)

The United Kingdom evaluated the additional data submitted by the applicant and prepared an additional report. It communicated that report to the European Food Safety Authority (hereinafter ‘the Authority’) and to the Commission on 7 October 2009. The Authority communicated the additional report to the other Member States and the applicant for comments and forwarded the comments it had received to the Commission. In accordance with Article 20(1) of Regulation (EC) No 33/2008 and at the request of the Commission, the Authority presented its conclusion on dichlobenil to the Commission on 29 July 2010 (6). The draft assessment report, the additional report and the conclusion of the Authority were reviewed by the Member States and the Commission within the Standing Committee on the Food Chain and Animal Health and finalised on 11 March 2011 in the format of the Commission review report for dichlobenil.

(6)

The additional report by the rapporteur Member State and the conclusion by the Authority concentrate on the concerns that lead to the non-inclusion; in particular, there was a concern with regard to the consumer exposure from drinking water and the leaching to groundwater. More concerns were identified in the review report for dichlobenil.

(7)

Additional information was submitted by the applicant, in particular as regards the leaching to groundwater, the consumer exposure from drinking water, the risks to birds and mammals and methods of analysis for impurities in the technical material and for products of animal origin.

(8)

However, the additional information provided by the applicant did not permit to eliminate all of the specific concerns arising in respect of dichlobenil.

(9)

During the evaluation of this active substance, a number of concerns have been identified. Several unacceptable effects on the environment were identified. In particular, the potential groundwater contamination by the very persistent metabolite 2,6-dichlorobenzamide (BAM) is expected to be very high, with concentrations well above 10 μg/l for all modelled scenarios. There is a potential for long-range transport of the metabolite BAM through the atmosphere. A high acute risk to birds and a high long-term risk to earthworm-eating birds and mammals were identified. The available data were insufficient to address the nature of residues of the metabolite BAM in processed commodities.

(10)

The Commission invited the applicant to submit its comments on the conclusion by the Authority. Furthermore, in accordance with Article 21(1) to Regulation (EC) No 33/2008, the Commission invited the applicant to submit comments on the draft review report. The applicant submitted its comments, which have been carefully examined.

(11)

However, despite the arguments put forward by the applicant, the concerns identified could not be eliminated, and assessments made on the basis of the information submitted and evaluated during the expert meetings of the Authority have not demonstrated that it may be expected that, under the proposed conditions of use, plant protection products containing dichlobenil satisfy in general the requirements laid down in Article 5(1)(a) and (b) of Directive 91/414/EEC.

(12)

Dichlobenil should therefore not be included in Annex I to Directive 91/414/EEC.

(13)

In the interest of clarity, Decision 2008/754/EC should be repealed.

(14)

This Decision does not prejudice the submission of a further application for dichlobenil pursuant to Article 6(2) of Directive 91/414/EEC and Chapter II of Regulation (EC) No 33/2008.

(15)

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

HAS ADOPTED THIS DECISION:

Article 1

Dichlobenil shall not be included as active substance in Annex I to Directive 91/414/EEC.

Article 2

Commission Decision 2008/754/EC is repealed.

Article 3

This Decision is addressed to the Member States.

Done at Brussels, 11 April 2011.

For the Commission

John DALLI

Member of the Commission


(1)   OJ L 230, 19.8.1991, p. 1.

(2)   OJ L 55, 29.2.2000, p. 25.

(3)   OJ L 224, 21.8.2002, p. 23.

(4)   OJ L 258, 26.9.2008, p. 70.

(5)   OJ L 15, 18.1.2008, p. 5.

(6)  European Food Safety Authority; Conclusion on the peer review of the pesticide risk assessment of the active substance dichlobenil. EFSA Journal 2010;8(8):1705. [68 pp.]. doi:10.2903/j.efsa.2010.1705. Available online: www.efsa.europa.eu/efsajournal


Corrigenda

13.4.2011   

EN

Official Journal of the European Union

L 98/16


Corrigendum to Commission Implementing Regulation (EU) No 351/2011 of 11 April 2011 amending Regulation (EU) No 297/2011 imposing special conditions governing the import of feed and food originating in or consigned from Japan following the accident at the Fukushima nuclear power station

( Official Journal of the European Union L 97 of 12 April 2011 )

On page 23, Annex II is replaced as follows:

‘ANNEX II

Maximum levels for foodstuffs  (1) (Bq/kg)

 

Foods for infants and young children

Milk and dairy products

Other foodstuffs, except liquid foodstuffs

Liquid foodstuffs

Sum of Isotopes of strontium, notably Sr-90

75

125

750

125

Sum of Isotopes of iodine, notably I-131

100  (2)

300  (2)

2 000

300  (2)

Sum of Alpha-emitting isotopes of plutonium and trans-plutonium elements, notably Pu-239, Am-241

1

1  (2)

10  (2)

1  (2)

Sum of all other nuclides of half-life greater than 10 days, notably Cs-134 and Cs-137, except C-14 and H-3

200  (2)

200  (2)

500  (2)

200  (2)


Maximum levels for feedingstuffs  (3) (Bq/kg)

 

Feedingstuffs

Sum of Cs-134 and Cs-137

500  (4)

Sum of Isotopes of iodine, notably I-131

2 000  (5)


(1)  The level applicable to concentrated or dried products is calculated on the basis of the reconstituted product as ready for consumption.

(2)  In order to ensure consistency with action levels currently applied in Japan, these values replace on a provisional basis the values laid down in Council Regulation (Euratom) No 3954/87.

(3)  Maximum level is relative to a feed with a moisture content of 12 %.’

(4)  In order to ensure consistency with action levels currently applied in Japan, this value replaces on a provisional basis the value laid down in Commission Regulation (Euratom) No 770/90.

(5)  This value is laid down on a provisional basis and taken to be the same as for foodstuffs, pending an assessment of transfer factors of iodine from feedingstuffs to food products.


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