title: Commission Implementing Regulation (EU) 2016/2259 of 15 December 2016 amending Regulation (EC) No 1235/2008 laying down detailed rules for implementation of Council Regulation (EC) No 834/2007 as regards the arrangements for imports of organic products from third countries (Text with EEA relevance )

text:
                  16.12.2016

                  EN

                  Official Journal of the European Union

                  L 342/4

            COMMISSION IMPLEMENTING REGULATION (EU) 2016/2259
      of 15 December 2016
      amending Regulation (EC) No 1235/2008 laying down detailed rules for implementation of Council Regulation (EC) No 834/2007 as regards the arrangements for imports of organic products from third countries
      (Text with EEA relevance)
      THE EUROPEAN COMMISSION,
      Having regard to the Treaty on the Functioning of the European Union,
      Having regard to Council Regulation (EC) No 834/2007 of 28 June 2007 on organic production and labelling of organic products and repealing Regulation (EEC) No 2092/91 (1), and in particular Article 33(2) and (3) and Article 38(d) thereof,
      Whereas:

                  (1)

                  Annex III to Commission Regulation (EC) No 1235/2008 (2) sets out the list of third countries whose systems of production and control measures for organic production of agricultural products are recognised as equivalent to those laid down in Regulation (EC) No 834/2007.

                  (2)

                  The Republic of Korea informed the Commission that its competent authority has withdrawn the recognition of one control body and added three other control bodies to the list of recognised control bodies.

                  (3)

                  Annex IV to Regulation (EC) No 1235/2008 sets out the list of control authorities and control bodies competent to carry out controls and issue certificates in third countries for the purpose of equivalence.

                  (4)

                  The Commission has received and examined a request from ‘A CERT European Organization for Certification S.A.’ to be included in the list in Annex IV to Regulation (EC) No 1235/2008. Based on the information received, the Commission has concluded that it is justified to recognise ‘A CERT European Organization for Certification S.A.’ for product categories A and D in respect of Albania, Azerbaijan, Bhutan, Belarus, Chile, China, the Dominican Republic, Ecuador, Egypt, Ethiopia, Grenada, Georgia, Indonesia, Iran, Jamaica, Jordan, Kenya, Kazakhstan, Lebanon, Morocco, Moldova, the former Yugoslav Republic of Macedonia, Papua New Guinea, the Philippines, Pakistan, Serbia, Russia, Rwanda, Saudi Arabia, Thailand, Turkey, Taiwan, Tanzania, Ukraine, Uganda and South Africa.

                  (5)

                  The Commission has received and examined a request from ‘Bioagricert S.r.l.’ to amend its specifications. Based on the information received, the Commission has concluded that it is justified to extend the geographical scope of its recognition for product category A to Indonesia and Senegal and for product categories A and D to Albania and Bangladesh and to extend the scope of its recognition to product category E in respect of Albania and Thailand.

                  (6)

                  ‘Caucacert’ has informed the Commission of an error in its corporate name which should be changed into ‘Caucascert’.

                  (7)

                  The Commission has received and examined a request from ‘CCPB Srl’ to amend its specifications. Based on the information received, the Commission has concluded that it is justified to extend the geographical scope of its recognition for product categories A, B, D, E and F to Georgia, Iran, Jordan and Saudi Arabia, for product category B to China, Iraq, Mali, the Philippines and Syria, for product category C to Morocco and Tunisia, for product category E to Tunisia and for product categories E and F to China, Egypt, Iraq, Lebanon, Morocco, Mali, the Philippines, San Marino, Syria, and Turkey.

                  (8)

                  The Commission has received and examined a request from ‘CERES Certification of Environmental Standards GmbH’ to amend its specifications. Based on the information received, the Commission has concluded that it is justified to extend the geographical scope of its recognition for product categories A, B and D to Armenia, for product categories A and D to Belarus, Malawi, Sierra Leone, Somalia and Tajikistan and for product category B to Guatemala, Honduras, Nicaragua and El Salvador.

                  (9)

                  The Commission has received and examined a request from ‘Control Union Certifications’ to amend its specifications. Based on the information received, the Commission has concluded that it is justified to extend the geographical scope of its recognition for product categories A, B, C, D, E and F to Burundi, Somalia and South Sudan, for product categories B and C to Angola, Belarus, Djibouti, Eritrea, Fiji, Liberia, Niger, Chad and Kosovo and for product categories B, C and D to the Democratic Republic of the Congo and Madagascar.

                  (10)

                  The Commission has received and examined a request from ‘Ecocert SA’ to amend its specifications. Based on the information received, the Commission has concluded that it is justified to extend the geographical scope of its recognition for product category B to Mozambique and for product category C to Bangladesh, Chile, Hong Kong, Honduras, Peru and Vietnam.

                  (11)

                  Ecocert SA has informed the Commission that its subsidiary ‘ECOCERT IMO Denetim ve Belgelendirme Ltd Ști’ had ceased its certification activities in all third countries for which it was recognised. ‘ECOCERT IMO Denetim ve Belgelendirme Ltd Ști’ should therefore no longer be listed in Annex IV to Regulation (EC) No 1235/2008.

                  (12)

                  The Commission has received and examined a request from ‘Ekoagros’ to be included in the list in Annex IV to Regulation (EC) No 1235/2008. Based on the information received, the Commission has concluded that it is justified to recognise ‘Ekoagros’ for product category A in respect of Russia, for product categories A and B in respect of Belarus and Ukraine, for product categories A and D in respect of Tajikistan and for product categories A and F in respect of Kazakhstan.

                  (13)

                  The Commission has received and examined a request from ‘Florida Certified Organic Growers and Consumers, Inc. (FOG), DBA as Quality Certification Services (QCS)’ to amend its specifications. Based on the information received, the Commission has concluded that it is justified to extend the geographical scope of its recognition for product categories A and D to Jamaica and Vietnam and for product category D to Ecuador.

                  (14)

                  The Commission has received and examined a request from ‘IMOswiss AG’ to amend its specifications. Based on the information received, the Commission has concluded that it is justified to extend the geographical scope of its recognition for product category A to the United Arab Emirates, for product categories A and D to Burundi, for product category B to Mexico and Peru and for product category C to Brunei, China, Hong Kong, Honduras, Madagascar and the United States. In addition, ‘IMOswiss AG’ has informed the Commission that it has ceased its certification activities in Azerbaijan, Georgia, Kazakhstan, Kyrgyzstan, Uzbekistan, Russia and Tajikistan. It should therefore no longer be listed for those countries in Annex IV to Regulation (EC) No 1235/2008.

                  (15)

                  The Commission has received and examined a request from ‘Kiwa BCS Öko-Garantie GmbH’ to amend its specifications. Based on the information received, the Commission has concluded that it is justified to extend the geographical scope of its recognition for product categories A and D to Zambia, for product category B to Laos, Myanmar/Burma and Thailand, for product category C to Hong Kong, Indonesia and Sri Lanka and for product categories C and E to Bangladesh.

                  (16)

                  The Commission has received and examined a request from ‘Mayacert’ to amend its specifications. Based on the information received, the Commission has concluded that it is justified to extend the geographical scope of its recognition for product category A to Colombia, the Dominican Republic and El Salvador, for product categories A and D to Belize and Peru and for product category B to Guatemala, Honduras and Nicaragua.

                  (17)

                  The Commission has received and examined a request from ‘OneCert International PVT Ltd’ to amend its specifications. Based on the information received, the Commission has concluded that it is justified to extend the geographical scope of its recognition for product categories A and D to Bangladesh, China, Ghana, Cambodia, Laos, Myanmar/Burma, Oman, Russia and Saudi Arabia.

                  (18)

                  The Commission has received and examined a request from ‘Oregon Tilth’ to amend its specifications. Based on the information received, the Commission has concluded that it is justified to extend the scope of its recognition to product category E in respect of Mexico.

                  (19)

                  The Commission has received and examined a request from ‘Organic Certifiers’ to amend its specifications. Based on the information received, the Commission has concluded that it is justified to extend the geographical scope of its recognition for product categories A and D to Indonesia.

                  (20)

                  The Commission has received and examined a request from ‘Organska Kontrola’ to amend its specifications. Based on the information received, the Commission has concluded that it is justified to extend the scope of its recognition to product category B for all countries.

                  (21)

                  ‘QC&I GmbH’ has informed the Commission that it has ceased its certification activities in all third countries for which it was recognised. It should therefore no longer be listed in Annex IV to Regulation (EC) No 1235/2008.

                  (22)

                  The Commission has received and examined a request from ‘Suolo e Salute srl’ to amend its specifications. Based on the information received, the Commission has concluded that it is justified to extend the geographical scope of its recognition for product category A to the Dominican Republic and Egypt and to extend the scope of its recognition to product category D in respect of the Dominican Republic.

                  (23)

                  Any reference to Taiwan in Annex IV to Regulation (EC) No 1235/2008 should be understood as a reference to the Separate Customs Territory of Taiwan, Penghu, Kinmen and Matsu.

                  (24)

                  Annexes III and IV to Regulation (EC) No 1235/2008 should therefore be amended accordingly.

                  (25)

                  The measures provided for in this Regulation are in accordance with the opinion of the Committee on organic production,

            HAS ADOPTED THIS REGULATION:
      Article 1
      Regulation (EC) No 1235/2008 is amended as follows:

                  (1)

                  Annex III is amended in accordance with Annex I to this Regulation;

                  (2)

                  Annex IV is amended in accordance with Annex II to this Regulation.

            Article 2
      This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.

         This Regulation shall be binding in its entirety and directly applicable in all Member States.
         Done at Brussels, 15 December 2016.

               For the Commission

               The President

            Jean-Claude JUNCKER

         (1)  OJ L 189, 20.7.2007, p. 1.

         (2)  Commission Regulation (EC) No 1235/2008 of 8 December 2008 laying down detailed rules for implementation of Council Regulation (EC) No 834/2007 as regards the arrangements for imports of organic products from third countries (OJ L 334, 12.12.2008, p. 25).

         ANNEX I
         In Annex III to Regulation (EC) No 1235/2008, in the entry relating to the Republic of Korea, point 5 is amended as follows:

                     (1)

                     the row relating to code number KR-ORG-003 (Bookang tech) is deleted;

                     (2)

                     the following rows are added:

                                 ‘KR-ORG-013

                                 Hansol Food, Agriculture, Fisher-Forest Certification Center

                                 www.hansolnonglim.com

                                 KR-ORG-021

                                 ISC Agriculture development research institute

                                 www.isc-cert.com

                                 KR-ORG-022

                                 Greenstar Agrifood Certification Center

                                    ’

         ANNEX II
         Annex IV to Regulation (EC) No 1235/2008 is amended as follows:

                     (1)

                     after the entry relating to ‘Abcert AG’ the following new entry is inserted:

                        ‘“A CERT European Organization for Certification S.A.”

                                 1.

                                 Address: 2 Tilou street, 54638 Thessaloniki, Greece

                                 2.

                                 Internet address: www.a-cert.org

                                 3.

                                 Code numbers, third countries and product categories concerned:

                                             Code number

                                             Third country

                                             Category of products

                                             A

                                             B

                                             C

                                             D

                                             E

                                             F

                                             AL-BIO-171

                                             Albania

                                             x

                                             —

                                             —

                                             x

                                             —

                                             —

                                             AZ-BIO-171

                                             Azerbaijan

                                             x

                                             —

                                             —

                                             x

                                             —

                                             —

                                             BT-BIO-171

                                             Bhutan

                                             x

                                             —

                                             —

                                             x

                                             —

                                             —

                                             BY-BIO-171

                                             Belarus

                                             x

                                             —

                                             —

                                             x

                                             —

                                             —

                                             CL-BIO-171

                                             Chile

                                             x

                                             —

                                             —

                                             x

                                             —

                                             —

                                             CN-BIO-171

                                             China

                                             x

                                             —

                                             —

                                             x

                                             —

                                             —

                                             DO-BIO-171

                                             Dominican Republic

                                             x

                                             —

                                             —

                                             x

                                             —

                                             —

                                             EC-BIO-171

                                             Ecuador

                                             x

                                             —

                                             —

                                             x

                                             —

                                             —

                                             EG-BIO-171

                                             Egypt

                                             x

                                             —

                                             —

                                             x

                                             —

                                             —

                                             ET-BIO-171

                                             Ethiopia

                                             x

                                             —

                                             —

                                             x

                                             —

                                             —

                                             GD-BIO-171

                                             Grenada

                                             x

                                             —

                                             —

                                             x

                                             —

                                             —

                                             GE-BIO-171

                                             Georgia

                                             x

                                             —

                                             —

                                             x

                                             —

                                             —

                                             ID-BIO-171

                                             Indonesia

                                             x

                                             —

                                             —

                                             x

                                             —

                                             —

                                             IR-BIO-171

                                             Iran

                                             x

                                             —

                                             —

                                             x

                                             —

                                             —

                                             JM-BIO-171

                                             Jamaica

                                             x

                                             —

                                             —

                                             x

                                             —

                                             —

                                             JO-BIO-171

                                             Jordan

                                             x

                                             —

                                             —

                                             x

                                             —

                                             —

                                             KE-BIO-171

                                             Kenya

                                             x

                                             —

                                             —

                                             x

                                             —

                                             —

                                             KZ-BIO-171

                                             Kazakhstan

                                             x

                                             —

                                             —

                                             x

                                             —

                                             —

                                             LB-BIO-171

                                             Lebanon

                                             x

                                             —

                                             —

                                             x

                                             —

                                             —

                                             MA-BIO-171

                                             Morocco

                                             x

                                             —

                                             —

                                             x

                                             —

                                             —

                                             MD-BIO-171

                                             Moldova

                                             x

                                             —

                                             —

                                             x

                                             —

                                             —

                                             MK-BIO-171

                                             the former Yugoslav Republic of Macedonia

                                             x

                                             —

                                             —

                                             x

                                             —

                                             —

                                             PG-BIO-171

                                             Papua New Guinea

                                             x

                                             —

                                             —

                                             x

                                             —

                                             —

                                             PH-BIO-171

                                             Philippines

                                             x

                                             —

                                             —

                                             x

                                             —

                                             —

                                             PK-BIO-171

                                             Pakistan

                                             x

                                             —

                                             —

                                             x

                                             —

                                             —

                                             RS-BIO-171

                                             Serbia

                                             x

                                             —

                                             —

                                             x

                                             —

                                             —

                                             RU-BIO-171

                                             Russia

                                             x

                                             —

                                             —

                                             x

                                             —

                                             —

                                             RW-BIO-171

                                             Rwanda

                                             x

                                             —

                                             —

                                             x

                                             —

                                             —

                                             SA-BIO-171

                                             Saudi Arabia

                                             x

                                             —

                                             —

                                             x

                                             —

                                             —

                                             TH-BIO-171

                                             Thailand

                                             x

                                             —

                                             —

                                             x

                                             —

                                             —

                                             TR-BIO-171

                                             Turkey

                                             x

                                             —

                                             —

                                             x

                                             —

                                             —

                                             TW-BIO-171

                                             Taiwan

                                             x

                                             —

                                             —

                                             x

                                             —

                                             —

                                             TZ-BIO-171

                                             Tanzania

                                             x

                                             —

                                             —

                                             x

                                             —

                                             —

                                             UA-BIO-171

                                             Ukraine

                                             x

                                             —

                                             —

                                             x

                                             —

                                             —

                                             UG-BIO-171

                                             Uganda

                                             x

                                             —

                                             —

                                             x

                                             —

                                             —

                                             ZA-BIO-171

                                             South Africa

                                             x

                                             —

                                             —

                                             x

                                             —

                                             —

                                 4.

                                 Exceptions: in-conversion products.

                                 5.

                                 Duration of inclusion: until 30 June 2018.’;

                     (2)

                     in the entry relating to ‘Bioagricert S.r.l’, point 3 is amended as follows:

                                 (a)

                                 the following rows are inserted in the order of the code numbers:

                                             ‘AL-BIO-132

                                             Albania

                                             x

                                             —

                                             —

                                             x

                                             x

                                             —

                                             BD-BIO-132

                                             Bangladesh

                                             x

                                             —

                                             —

                                             x

                                             —

                                             —

                                             ID-BIO-132

                                             Indonesia

                                             x

                                             —

                                             —

                                             —

                                             —

                                             —

                                             SN-BIO-132

                                             Senegal

                                             x

                                             —

                                             —

                                             —

                                             —

                                             —’;

                                 (b)

                                 in the row concerning Thailand a cross is added in column E;

                     (3)

                     in the entry relating to ‘Caucacert Ltd’, the title is replaced by ‘Caucascert Ltd’;

                     (4)

                     in the entry relating to ‘CCPB Srl’, point 3 is amended as follows:

                                 (a)

                                 the following rows are inserted in the order of the code numbers:

                                             ‘GE-BIO-102

                                             Georgia

                                             x

                                             x

                                             —

                                             x

                                             x

                                             x

                                             IR-BIO-102

                                             Iran

                                             x

                                             x

                                             —

                                             x

                                             x

                                             x

                                             JO-BIO-102

                                             Jordan

                                             x

                                             x

                                             —

                                             x

                                             x

                                             x

                                             SA-BIO-102

                                             Saudi Arabia

                                             x

                                             x

                                             —

                                             x

                                             x

                                             x’;

                                 (b)

                                 in the rows concerning China, Iraq, Mali, Philippines and Syria, a cross is added in column B;

                                 (c)

                                 in the rows concerning Morocco and Tunisia, a cross is added in column C;

                                 (d)

                                 in the rows concerning Tunisia, a cross is added in column E;

                                 (e)

                                 in the rows concerning China, Egypt, Iraq, Lebanon, Morocco, Mali, Philippines, San Marino, Syria and Turkey, a cross is added in columns E and F;

                     (5)

                     in the entry relating to ‘CERES Certification of Environmental Standards GmbH’, point 3 is amended as follows:

                                 (a)

                                 the following rows are inserted in the order of the code numbers:

                                             ‘AM-BIO-140

                                             Armenia

                                             x

                                             x

                                             —

                                             x

                                             —

                                             —

                                             BY-BIO-140

                                             Belarus

                                             x

                                             —

                                             —

                                             x

                                             —

                                             —

                                             MW-BIO-140

                                             Malawi

                                             x

                                             —

                                             —

                                             x

                                             —

                                             —

                                             SL-BIO-140

                                             Sierra Leone

                                             x

                                             —

                                             —

                                             x

                                             —

                                             —

                                             SO-BIO-140

                                             Somalia

                                             x

                                             —

                                             —

                                             x

                                             —

                                             —

                                             TJ-BIO-140

                                             Tajikistan

                                             x

                                             —

                                             —

                                             x

                                             —

                                             —’;

                                 (b)

                                 in the rows concerning Guatemala, Honduras, Nicaragua and El Salvador a cross is added in column B;

                     (6)

                     in the entry relating to ‘Control Union Certifications’, in point 3, the following rows are inserted in the order of the code numbers:

                                 ‘AO-BIO-149

                                 Angola

                                 —

                                 x

                                 x

                                 —

                                 —

                                 —

                                 BI-BIO-149

                                 Burundi

                                 x

                                 x

                                 x

                                 x

                                 x

                                 x

                                 BY-BIO-149

                                 Belarus

                                 —

                                 x

                                 x

                                 —

                                 —

                                 —

                                 CD-BIO-149

                                 Democratic Republic of Congo

                                 —

                                 x

                                 x

                                 x

                                 —

                                 —

                                 DJ-BIO-149

                                 Djibouti

                                 —

                                 x

                                 x

                                 —

                                 —

                                 —

                                 ER-BIO-149

                                 Eritrea

                                 —

                                 x

                                 x

                                 —

                                 —

                                 —

                                 FJ-BIO-149

                                 Fiji

                                 —

                                 x

                                 x

                                 —

                                 —

                                 —

                                 LR-BIO-149

                                 Liberia

                                 —

                                 x

                                 x

                                 —

                                 —

                                 —

                                 MG-BIO-149

                                 Madagascar

                                 —

                                 x

                                 x

                                 x

                                 —

                                 —

                                 NE-BIO-149

                                 Niger

                                 —

                                 x

                                 x

                                 —

                                 —

                                 —

                                 SO-BIO-149

                                 Somalia

                                 x

                                 x

                                 x

                                 x

                                 x

                                 x

                                 SS-BIO-149

                                 South Sudan

                                 x

                                 x

                                 x

                                 x

                                 x

                                 x

                                 TD-BIO-149

                                 Chad

                                 —

                                 x

                                 x

                                 —

                                 —

                                 —

                                 XK-BIO-149

                                 Kosovo (**)

                                 —

                                 x

                                 x

                                 —

                                 —

                                 —

                     (7)

                     in the entry relating to ‘Ecocert SA’, point 3 is amended as follows:

                                 (a)

                                 in the row concerning Mozambique, a cross is added in column B;

                                 (b)

                                 in the rows concerning Bangladesh, Chile, Hong Kong, Honduras, Peru and Vietnam, a cross is added in column C;

                     (8)

                     the entire entry relating to ‘ECOCERT IMO Denetim ve Belgelendirme Ltd Ști’ is deleted;

                     (9)

                     after the entry relating to ‘Egyptian Center of Organic Agriculture (ECOA)’, the following new entry is inserted:

                        ‘“Ekoagros”

                                 1.

                                 Address: K. Donelaičio g. 33, 44240 Kaunas, Lithuania

                                 2.

                                 Internet address: http://www.ekoagros.lt

                                 3.

                                 Code numbers, third countries and product categories concerned:

                                             Code number

                                             Third country

                                             Category of products

                                             A

                                             B

                                             C

                                             D

                                             E

                                             F

                                             BY-BIO-170

                                             Belarus

                                             x

                                             x

                                             —

                                             —

                                             —

                                             —

                                             KZ-BIO-170

                                             Kazakhstan

                                             x

                                             —

                                             —

                                             —

                                             —

                                             x

                                             RU-BIO-170

                                             Russia

                                             x

                                             —

                                             —

                                             —

                                             —

                                             —

                                             TJ-BIO-170

                                             Tajikistan

                                             x

                                             —

                                             —

                                             x

                                             —

                                             —

                                             UA-BIO-170

                                             Ukraine

                                             x

                                             x

                                             —

                                             —

                                             —

                                             —

                                 4.

                                 Exceptions: in-conversion products and wine.

                                 5.

                                 Duration of inclusion: until 30 June 2018.’;

                     (10)

                     in the entry relating to ‘Florida Certified Organic Growers and Consumers, Inc. (FOG), DBA as Quality Certification Services (QCS)’, point 3 is amended as follows:

                                 (a)

                                 the following rows are inserted in the order of the code numbers:

                                             ‘JM-BIO-144

                                             Jamaica

                                             x

                                             —

                                             —

                                             x

                                             —

                                             —

                                             VN-BIO-144

                                             Vietnam

                                             x

                                             —

                                             —

                                             x

                                             —

                                             —’;

                                 (b)

                                 in the row concerning Ecuador, a cross is added in column D;

                     (11)

                     in the entry relating to ‘IMOswiss AG’, point 3 is amended as follows:

                                 (a)

                                 the following rows are inserted in the order of the code numbers:

                                             ‘BI-BIO-143

                                             Burundi

                                             x

                                             —

                                             —

                                             x

                                             —

                                             —

                                             BN-BIO-143

                                             Brunei

                                             —

                                             —

                                             x

                                             —

                                             —

                                             —

                                             CN-BIO-143

                                             China

                                             —

                                             —

                                             x

                                             —

                                             —

                                             —

                                             HK-BIO-143

                                             Hong Kong

                                             —

                                             —

                                             x

                                             —

                                             —

                                             —

                                             MG-BIO-143

                                             Madagascar

                                             —

                                             —

                                             x

                                             —

                                             —

                                             —

                                             US-BIO-143

                                             United States

                                             —

                                             —

                                             x

                                             —

                                             —

                                             —’;

                                 (b)

                                 in the row concerning United Arab Emirates, a cross is added in column A;

                                 (c)

                                 in the row concerning Honduras, a cross is added in column C;

                                 (d)

                                 in the rows concerning Mexico and Peru, a cross is added in column B;

                                 (e)

                                 the rows concerning Azerbaijan, Georgia, Kazakhstan, Kyrgyzstan, Uzbekistan, Russia and Tajikistan are deleted;

                     (12)

                     in the entry relating to ‘Kiwa BCS Öko-Garantie GmbH’, point 3 is amended as follows:

                                 (a)

                                 the following row is inserted in the order of the code numbers:

                                             ‘ZM-BIO-141

                                             Zambia

                                             x

                                             —

                                             —

                                             x

                                             —

                                             —’;

                                 (b)

                                 in the row concerning Bangladesh, a cross is added in columns C and E;

                                 (c)

                                 in the rows concerning Hong Kong, Indonesia and Sri Lanka, a cross is added in column C;

                                 (d)

                                 in the rows concerning Laos, Myanmar/Burma and Thailand, a cross is added in column B;

                     (13)

                     in the entry relating to ‘Mayacert’, point 3 is amended as follows:

                                 (a)

                                 the following rows are inserted in the order of the code numbers:

                                             ‘BZ-BIO-169

                                             Belize

                                             x

                                             —

                                             —

                                             x

                                             —

                                             —

                                             PE-BIO-169

                                             Peru

                                             x

                                             —

                                             —

                                             x

                                             —

                                             —’;

                                 (b)

                                 in the rows concerning Colombia, Dominican Republic and El Salvador, a cross is added in column A;

                                 (c)

                                 in the rows concerning Guatemala, Honduras and Nicaragua, a cross is added in column B;

                     (14)

                     in the entry relating to ‘OneCert International PVT Ltd’, in point 3, the following rows are inserted in the order of the code numbers:

                                 ‘BD-BIO-152

                                 Bangladesh

                                 x

                                 —

                                 —

                                 x

                                 —

                                 —

                                 CN-BIO-152

                                 China

                                 x

                                 —

                                 —

                                 x

                                 —

                                 —

                                 GH-BIO-152

                                 Ghana

                                 x

                                 —

                                 —

                                 x

                                 —

                                 —

                                 KH-BIO-152

                                 Cambodia

                                 x

                                 —

                                 —

                                 x

                                 —

                                 —

                                 LA-BIO-152

                                 Laos

                                 x

                                 —

                                 —

                                 x

                                 —

                                 —

                                 MM-BIO-152

                                 Myanmar/Burma

                                 x

                                 —

                                 —

                                 x

                                 —

                                 —

                                 OM-BIO-152

                                 Oman

                                 x

                                 —

                                 —

                                 x

                                 —

                                 —

                                 RU-BIO-152

                                 Russia

                                 x

                                 —

                                 —

                                 x

                                 —

                                 —

                                 SA-BIO-152

                                 Saudi Arabia

                                 x

                                 —

                                 —

                                 x

                                 —

                                 —’;

                     (15)

                     in the entry relating to ‘Oregon Tilth’, in point 3, in the row concerning Mexico, a cross is added in column E;

                     (16)

                     in the entry relating to ‘Organic Certifiers’, in point 3, the following row is inserted in the order of the code numbers:

                                 ‘ID-BIO-106

                                 Indonesia

                                 x

                                 —

                                 —

                                 x

                                 —

                                 —’;

                     (17)

                     in the entry relating to ‘Organska Kontrola’, in point 3, in all rows, a cross is added in column B;

                     (18)

                     the entire entry relating to ‘QC&I GmbH’ is deleted;

                     (19)

                     the entry relating to ‘Suolo e Salute srl’ is amended as follows:

                                 (a)

                                 in point 3, the following rows are inserted in the order of the code numbers:

                                             ‘DO-BIO-150

                                             Dominican Republic

                                             x

                                             —

                                             —

                                             x

                                             —

                                             —

                                             EG-BIO-150

                                             Egypt

                                             x

                                             —

                                             —

                                             —

                                             —

                                             —’;

                                 (b)

                                 point 4 is replaced by the following:

                                             ‘4.

                                             Exceptions: in-conversion products and wine.’

            (**)  This designation is without prejudice to positions on status, and is in line with UNSCR 1244/1999 and the ICJ Opinion on the Kosovo declaration of independence.’;


title: Commission Implementing Regulation (EU) No 752/2013 of 31 July 2013 amending Regulation (EC) No 555/2008 as regards national support programmes and trade with third countries in the wine sector

text:
               6.8.2013

               EN

               Official Journal of the European Union

               L 210/17

         COMMISSION IMPLEMENTING REGULATION (EU) No 752/2013
   of 31 July 2013
   amending Regulation (EC) No 555/2008 as regards national support programmes and trade with third countries in the wine sector
   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 103za and Article 158a(4), in conjunction with Article 4 thereof,
   Whereas:

               (1)

               Articles 4 and 5 of Commission Regulation (EC) No 555/2008 (2) provide for the eligibility criteria for operations for promotion of wines on third-country markets included in national support programmes and for the selection procedure of such operations.

               (2)

               In view of the specific nature of the measure of promotion of wine on third-country markets and in the light of the experience gained during the implementation of the national support programmes, rules for the eligibility of personnel costs and overheads incurred by the beneficiary in the execution of such measures should be established.

               (3)

               Article 19(2) of Regulation (EC) No 555/2008 provides for the financial management of investment measures. In order to ease the realisation of investment projects in the context of the implementation of the programming period 2014 to 2018, the maximum ceiling for advance payments should be raised in 2014 and 2015. The same approach should also apply for the realisation of investment projects in the context of the end of the first programming period 2009 to 2013. Therefore, the maximum ceiling for advance payments should also be raised for 2013.

               (4)

               It is appropriate to introduce measures guaranteeing sound financial management and improving control of Union funding advanced to the beneficiaries in the framework of national support programmes. Considering the time needed by the Member States to implement these measures, their application should start as from 2014, except where Member States decide to grant increased advances in 2013 up to the maximum ceilings to be introduced in Article 19(2) of Regulation (EC) No 555/2008.

               (5)

               Section 2 of Chapter II of Title III of Regulation (EC) No 555/2008 establishes the requirements to be met for the import of wine, grape juice and grape must in the Union. It provides, in particular, for the obligation to produce a V I 1 document, drawn up on a V I 1 form corresponding to the specimen shown in Annex IX to that Regulation, signed by an officer of an official body and by an official of a recognised laboratory, or a simplified V I 1 paper document for wine products imported into the Union. Taking into account the development of computerised systems in that sector and in order to facilitate the monitoring of the movements and controls of vine products, it is appropriate to authorise also the use of computerised systems and consequently of electronic documents. Nevertheless, the use of computerised systems should be subject to the respect of certain conditions and to the recognition by the Union that the system of controls established in a third country offers sufficient garantees as regards the nature, the origin and the traceability of the wine products imported in the Union from that third country. It is therefore necessary to lay down the minimum conditions required for the official acceptance by the Union of the equivalence of the system of controls in place in the third country concerned with the system in place in the Union.

               (6)

               For the sake of clarity, third countries having established a system of controls recognised as equivalent by the Union should be included in a list.

               (7)

               Following the examination of the application introduced by the competent authorities of Chile to benefit from the simplified procedure provided for in Article 45 of Regulation (EC) No 555/2008 and the recognition by the Union that the system of controls in place in the Chilean wine sector offers special guarantees on control and traceability of wines produced in Chile, V I 1 documents made out by wine producers of Chile having received individual approval from their competent authorities and been subject to inspection by the latter, should be considered as certificates or analysis reports drawn up by agencies and laboratories included in the list referred to in Article 48 of that Regulation. The list of third countries referred to in Article 43(2) and Article 45 of Regulation (EC) No 555/2008 and set out in Annex XII thereto should be completed accordingly.

               (8)

               Regulation (EC) No 555/2008 should therefore be amended accordingly.

               (9)

               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 (EC) No 555/2008 is amended as follows:

               (1)

               in Section 1 of Chapter II of Title II, the following Article 5a is added:
               ‘Article 5a
               Eligible costs
               1.   Personnel costs of the beneficiary referred to in Article 4 shall be considered eligible if they are incurred in relation to the preparation, implementation or follow-up of the particular supported promotion project, including the evaluation. This includes the costs of the personnel contracted by the beneficiary specifically on the occasion of the promotion project and the costs corresponding to the share of the working hours invested in the promotion project by permanent staff of the beneficiary.
               Member States shall only accept personnel costs as eligible if the beneficiaries provide supporting documents setting out the details of the work actually carried out in relation to the particular supported promotion project.
               2.   Overheads incurred by the beneficiary shall be considered eligible only if:

                           (a)

                           they are related to the preparation, implementation or follow-up of the project; and

                           (b)

                           they do not exceed 4 % of the actual costs of implementing the projects.

                     Member States may decide whether those overheads are eligible on the basis of a flat rate or on the basis of the presentation of supporting documents. In the latter case, the calculation of those costs shall be based on the accounting principles, rules and methods used in the beneficiary’s country.’

               (2)

               in Article 19(2), the second subparagraph is replaced by the following:
               ‘The amount of the advances shall not exceed 20 % of the public aid related to the investment, and its payment shall be subject to the establishment of a bank guarantee or an equivalent guarantee corresponding to 110 % of the amount of the advance. However, in the case of investments for which the individual decision to grant support is taken in the financial years 2013, 2014 or 2015, the amount of the advances may be increased up to 50 % of the public aid related to that investment. For the purposes of Commission Implementing Regulation (EU) No 282/2012 (3) the obligation shall be to spend the total amount advanced in the implementation of the operation concerned two years after its payment.

               (3)

               in Chapter III of Title II, the following Article 37b is added:
               ‘Article 37b
               Communication related to advances
               1.   Where advances are granted in accordance with Articles 5(7), 9(2), 19(2) and 24(3), beneficiaries are requested to provide for each project annually to the paying agencies the following information:

                           (a)

                           costs statements justifying, by measure, the use of the advances until 15 October; and

                           (b)

                           a confirmation, by measure, of the balance of unused advances remaining on 15 October.

                     Member States shall define in their national rules the date of transmission of this information in order for it to be included in the current annual accounts of the paying agencies referred to in Article 6 of Regulation (EC) No 885/2006 within the deadline laid down in Article 7(2) of that Regulation.
               2.   Paragraph 1 shall not apply to the annual accounts of 2013, except where advances of more than 20 % and up to 50 % of the public aid related to the investments are granted in accordance with the second subparagraph of Article 19(2).
               3.   For the purposes of Article 18(2) of Implementing Regulation (EU) No 282/2012, the evidence of final entitlement to be produced shall be the last costs statement and confirmation of the balance referred to in paragraph 1.
               Concerning advances under Articles 9(2) and 19(2) of this Regulation, the last costs statement and confirmation of the balance referred to in paragraphs 1 and 2 shall be provided by the end of the second financial year after their payment.’

               (4)

               In Chapter II of Title III, the following Article 45a is inserted:
               ‘Article 45a
               Electronic document
               1.   V I 1 documents established in accordance with Articles 43 and 45 may be replaced by an electronic document for the import in the Union of wine products from third countries which have in place a system of controls accepted by the Union as equivalent to that set up for the same products by the Union legislation.
               A system of controls in a third country may be accepted as equivalent to that set up for the same products by the Union if it fulfils at least the following conditions:

                           (a)

                           it offers sufficient guarantees as to the nature, the origin and the traceability of the wine products produced or traded on the territory of the third country concerned;

                           (b)

                           it guarantees access to the data held in the electronic system used, in particular with regard to the registration and the identification of operators, control bodies and the analysis laboratories;

                           (c)

                           it guarantees the possibility to check the data referred to in point (b) within the framework of a mutual administrative cooperation.

                     Third countries having in place a system of controls accepted by the Union as equivalent in accordance with the second subparagraph shall be included in the list set out in Annex XII, Part C.
               2.   The electronic document provided for in paragraph 1 shall contain at least the information necessary for the establishment of the V I 1 document.
               A unique administrative reference code is assigned to the electronic document by, or under the control of the competent authorities of the third country of export. This code is included on the commercial documents required for the import in the territory of the Union.
               3.   Access to the electronic document or to the data necessary for its establishment shall be given at any request of the competent authorities of the Member State of destination.
               The data referred to in the first subparagraph may be requested in the form of a paper document in which the data shall be displayed in the form of data elements, expressed in the same manner as in the electronic document.’

               (5)

               Annex XII is replaced by the text set out in the Annex to this Regulation.

         Article 2
   This Regulation shall enter into force on the third 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, 31 July 2013.

            For the Commission

            The President

         José Manuel BARROSO

      (1)  OJ L 299, 16.11.2007, p. 1.

      (2)  Commission Regulation (EC) No 555/2008 of 27 June 2008 laying down detailed rules for implementing Council Regulation (EC) No 479/2008 on the common organisation of the market in wine as regards support programmes, trade with third countries, production potential and on controls in the wine sector (OJ L 170, 30.6.2008, p. 1).

      (3)  Commission Implementing Regulation (EU) No 282/2012 of 28 March 2012 laying down common detailed rules for the application of the system of securities for agricultural products (OJ L 92, 30.3.2012, p. 4).’

      ANNEX

            ‘ANNEX XII

               List of third countries referred to in Article 43(2), Article 45 and Article 45a

                        PART A

                        :

                        List of third countries referred to in Article 43(2):

                                    —

                                    Australia

                                    —

                                    Chile

                        PART B

                        :

                        List of third countries referred to in Article 45:

                                    —

                                    Australia

                                    —

                                    Chile

                                    —

                                    United States of America

                        PART C

                        :

                        List of third countries referred to in Article 45a:

                                    —

                                    -;’


title: Commission Implementing Regulation (EU) 2016/2385 of 23 December 2016 establishing the standard import values for determining the entry price of certain fruit and vegetables

text:
               24.12.2016

               EN

               Official Journal of the European Union

               L 355/3

         COMMISSION IMPLEMENTING REGULATION (EU) 2016/2385
   of 23 December 2016
   establishing the standard import values for determining the entry price of certain fruit and vegetables
   THE EUROPEAN COMMISSION,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to Regulation (EU) No 1308/2013 of the European Parliament and of the Council of 17 December 2013 establishing a common organisation of the markets in agricultural products and repealing Council Regulations (EEC) No 922/72, (EEC) No 234/79, (EC) No 1037/2001 and (EC) No 1234/2007 (1),
   Having regard to Commission Implementing Regulation (EU) No 543/2011 of 7 June 2011 laying down detailed rules for the application of Council Regulation (EC) No 1234/2007 in respect of the fruit and vegetables and processed fruit and vegetables sectors (2), and in particular Article 136(1) thereof,
   Whereas:

               (1)

               Implementing Regulation (EU) No 543/2011 lays down, pursuant to the outcome of the Uruguay Round multilateral trade negotiations, the criteria whereby the Commission fixes the standard values for imports from third countries, in respect of the products and periods stipulated in Annex XVI, Part A thereto.

               (2)

               The standard import value is calculated each working day, in accordance with Article 136(1) of Implementing Regulation (EU) No 543/2011, taking into account variable daily data. Therefore this Regulation should enter into force on the day of its publication in the Official Journal of the European Union,

         HAS ADOPTED THIS REGULATION:
   Article 1
   The standard import values referred to in Article 136 of Implementing Regulation (EU) No 543/2011 are fixed in the Annex to this Regulation.
   Article 2
   This Regulation shall enter into force on the day of its publication in the Official Journal of the European Union.

      This Regulation shall be binding in its entirety and directly applicable in all Member States.
      Done at Brussels, 23 December 2016.

            For the Commission,

            On behalf of the President,

         Jerzy PLEWA

            Director-General

            Directorate-General for Agriculture and Rural Development

      (1)  OJ L 347, 20.12.2013, p. 671.

      (2)  OJ L 157, 15.6.2011, p. 1.

      ANNEX

         Standard import values for determining the entry price of certain fruit and vegetables

                  (EUR/100 kg)

                  CN code

                  Third country code (1)

                  Standard import value

                  0702 00 00

                  IL

                  206,3

                  MA

                  104,0

                  TN

                  262,8

                  TR

                  134,1

                  ZZ

                  176,8

                  0707 00 05

                  MA

                  79,2

                  TR

                  160,2

                  ZZ

                  119,7

                  0709 93 10

                  MA

                  213,7

                  TR

                  159,2

                  ZZ

                  186,5

                  0805 10 20

                  TR

                  69,9

                  ZA

                  70,9

                  ZZ

                  70,4

                  0805 20 10

                  MA

                  67,6

                  ZZ

                  67,6

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

                  IL

                  148,5

                  JM

                  129,1

                  TR

                  74,2

                  ZZ

                  117,3

                  0805 50 10

                  TR

                  75,4

                  ZZ

                  75,4

                  0808 30 90

                  CN

                  87,8

                  ZZ

                  87,8

         (1)  Nomenclature of countries laid down by Commission Regulation (EU) No 1106/2012 of 27 November 2012 implementing Regulation (EC) No 471/2009 of the European Parliament and of the Council on Community statistics relating to external trade with non-member countries, as regards the update of the nomenclature of countries and territories (OJ L 328, 28.11.2012, p. 7). Code ‘ZZ’ stands for ‘of other origin’.


title: Commission Implementing Regulation (EU) No 30/2013 of 17 January 2013 amending Regulation (EC) No 288/2009 laying down detailed rules for applying Council Regulation (EC) No 1234/2007 as regards the Community aid for supplying fruit and vegetables, processed fruit and vegetables and banana products to children in educational establishments, in the framework of a School Fruit Scheme and derogating from Regulation (EC) No 288/2009

text:
               18.1.2013

               EN

               Official Journal of the European Union

               L 14/7

         COMMISSION IMPLEMENTING REGULATION (EU) No 30/2013
   of 17 January 2013
   amending Regulation (EC) No 288/2009 laying down detailed rules for applying Council Regulation (EC) No 1234/2007 as regards the Community aid for supplying fruit and vegetables, processed fruit and vegetables and banana products to children in educational establishments, in the framework of a School Fruit Scheme and derogating from Regulation (EC) No 288/2009
   THE EUROPEAN COMMISSION,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to the Treaty of Accession of the Republic of Croatia, and in particular Article 3(4) thereof,
   Having regard to the Act of Accession of the Republic of Croatia, and in particular Article 50 thereof,
   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 103h(f) in conjunction with Article 4 thereof,
   Whereas:

               (1)

               Article 4 of Commission Regulation (EC) No 288/2009 (2) lays down detailed rules on the allocation of Union aid per Member State setting up a School Fruit Scheme. In particular, it provides for indicative allocation amounts for each Member State calculated on the basis of the number of six- to ten-year-old children. Bearing in mind the levels of execution of the programme recorded during the first three years and in order to ensure an appropriate use of Union funds, it is necessary to provide for a mechanism linked to the performance of Member States which would limit the amount of the aid requested above the amount of their indicative allocation.

               (2)

               Article 12 of Regulation (EC) No 288/2009 provides for the monitoring of the implementation of the Member States’ School Fruit Scheme on an annual basis. In order to clarify the obligations of Member States with regard to the evaluation of their School Fruit Scheme, it is necessary to specify that national evaluations have to assess also the impact of the Scheme on children’s eating habits.

               (3)

               The Commission has developed an information system that allows managing documents and procedures electronically in its own internal working procedures and in its relations with the authorities involved in the common agricultural policy. It is considered that several notification obligations provided for in Regulation (EC) No 288/2009 can be fulfilled via that system in accordance with Commission Regulation (EC) No 792/2009 of 31 August 2009 laying down detailed rules for the Member States’ notification to the Commission of information and documents in implementation of the common organisation of the markets, the direct payments’ regime, the promotion of agricultural products and the regimes applicable to the outermost regions and the smaller Aegean islands (3).

               (4)

               Annex II to Regulation (EC) No 288/2009 sets the amounts of indicative allocations of Union aid per Member State. That Annex needs to be adapted in view of the accession of Croatia to the European Union.

               (5)

               Regulation (EC) No 288/2009 should therefore be amended accordingly.

               (6)

               To take into account the accession of Croatia, specific rules should be laid down as regards the implementation of Regulation (EC) No 288/2009 in the school year 2013/14. In particular, the date for the submission of the national strategy and the aid application by Croatia needs to be fixed and a specific procedure should be established to take into account the timing of the Commission Decision fixing the definitive allocation of Union aid to the Member States and the foreseen date of the accession of Croatia. Exceptionally, due to the timing constraints derived from the need to set the definitive allocation of Union aid for all Member States well before the beginning of the school year, the Commission, when setting the definitive allocations as referred to in Article 4(4) of Regulation (EC) No 288/2009 should have regard to any advance voluntary notification by Croatia of its strategy and aid application where such information is received by 31 January.

               (7)

               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
   Amendment of Regulation (EC) No 288/2009
   Regulation (EC) No 288/2009 is amended as follows:

               (1)

               Article 4 is amended as follows:

                           (a)

                           paragraph 1 is replaced by the following:
                           ‘1.   Member States setting up a School Fruit Scheme may apply for the aid referred to in Article 103ga of Regulation (EC) No 1234/2007 for one or more periods running from 1 August to 31 July, by notifying the Commission of their strategy by 31 January of the year in which the first period starts.
                           The strategy shall be accompanied by an aid application which shall contain the following information:

                                       (a)

                                       indicative allocation of aid referred to in paragraph 3 and set out in Annex II to this Regulation, expressed in EUR;

                                       (b)

                                       capacity to use more than the indicative allocation referred to in paragraph 3 and set out in Annex II;

                                       (c)

                                       where no capacity to use additional funds is indicated as provided for under point (b), the allocation requested, expressed in EUR, must be specified;

                                       (d)

                                       where a capacity to use additional funds is indicated as provided for under point (b), maximum additional allocation requested, expressed in EUR, must be specified;

                                       (e)

                                       total budget requested.

                                 The aid application shall be submitted in accordance with Commission Regulation (EC) No 792/2009 (4).

                           (b)

                           in paragraph 4, the second subparagraph is replaced by the following:
                           ‘The reallocation of Union aid referred to in the first subparagraph shall be implemented in proportion to the initial indicative allocation set out in Annex II but within the limits fixed in paragraph 5. However, the limits fixed in paragraph 5 shall not apply during the first two school years of application of the scheme by a Member State.’;

                           (c)

                           the following paragraph 5 is added:
                           ‘5.   The reallocation shall be limited by the level of execution of the allocation for the school year having ended prior to the aid application, as established on 15 October of the following school year. This shall be established on the basis of the declarations of expenditure sent to the Commission in accordance with Article 4 of Commission Regulation (EC) No 883/2006 (5). The limits shall be as follows:

                                       (a)

                                       when the execution of the allocation is below or equal to 50 % of the final allocation, no additional allocation shall be granted;

                                       (b)

                                       when the execution of the allocation is higher than 50 % but lower or equal to 75 % of the final allocation, the maximum additional allocation shall be capped at 50 % of the indicative allocation;

                                       (c)

                                       when the execution of the allocation is higher than 75 % of the final allocation, the maximum additional allocation shall not be capped.

               (2)

               in Article 10(1), point (c) is replaced by the following:

                           ‘(c)

                           the number of children in regular attendance in the respective educational establishments entitled to receive the products covered by the Member State’s School Fruit Scheme during the period covered by the aid application;’;

               (3)

               in Article 12(2), the first sentence is replaced by the following:
               ‘Member States shall evaluate the implementation of their School Fruit Scheme and assess its effectiveness, including its impact on children’s eating habits.’;

               (4)

               Article 15 is replaced by the following:
               ‘Article 15
               Notifications
               1.   Member States shall notify the Commission, by 30 November of the year in which the period mentioned in Article 4(1) ends, of:

                           (a)

                           the results of the monitoring exercise, as provided for in Article 12(1);

                           (b)

                           the on-the-spot checks carried out pursuant to Articles 13 and 16 and the related findings.

                     2.   Where a Member State changes the strategy referred to in Article 3, it shall notify the Commission of its new strategy, at the latest by 31 January of the following year.
               3.   The notifications referred to in this Regulation shall be made in accordance with Regulation (EC) No 792/2009.
               4.   The Commission shall publish the Member States’ strategies and the results of their monitoring and evaluation exercise on a regular basis.’;

               (5)

               Annex II is replaced by the text set out in the Annex to this Regulation;

               (6)

               Annex IIa is deleted.

         Article 2
   Specific rules for the school year 2013/14
   1.   By way of derogation from Article 4(4) of Regulation (EC) No 288/2009 in conjunction with Annex II thereto, for the school year 2013/14, the Commission shall decide on the definitive allocation of the Union aid as referred to in the third subparagraph of Article 4(4) taking due account of any advance information submitted, in view of and subject to the entry into force of the Treaty of Accession of Croatia, by Croatia of its strategy and aid application where such information is provided on a voluntary basis by 31 January.
   2.   By way of derogation from Article 4(1) of Regulation (EC) No 288/2009, for the school year 2013/14, Croatia will notify its strategy and aid by 10 July 2013 and, by way of derogation from Article 4(4) of that Regulation, the Commission shall decide on the definitive allocation of aid for Croatia by 31 July 2013.
   Article 3
   Entry into force and application
   This Regulation shall enter into force on the seventh day following that of its publication in the Official Journal of the European Union.
   Articles 1(5) and 2(2) shall enter into force subject to and on the date of the entry into force of the Treaty of Accession of Croatia.

      This Regulation shall be binding in its entirety and directly applicable in all Member States.
      Done at Brussels, 17 January 2013.

            For the Commission

            The President

         José Manuel BARROSO

      (1)  OJ L 299, 16.11.2007, p. 1.

      (2)  OJ L 94, 8.4.2009, p. 38.

      (3)  OJ L 228, 1.9.2009, p. 3.

      (4)  OJ L 228, 1.9.2009, p. 3.’;

      (5)  OJ L 171, 23.6.2006, p. 1.’;

      ANNEX

            ‘ANNEX II

               Indicative allocation of Community aid per Member State

                        Member State

                        Co-financing rate
                        (in %)

                        Children 6-10
                        abs. numbers

                        EUR

                        Austria

                        50

                        439 035

                        1 303 700

                        Belgium

                        50

                        592 936

                        1 760 700

                        Bulgaria

                        75

                        320 634

                        1 428 200

                        Croatia

                        75

                        249 197

                        1 110 000

                        Cyprus

                        50

                        49 723

                        175 000

                        Czech Republic

                        73

                        454 532

                        1 963 100

                        Denmark

                        50

                        343 807

                        1 020 900

                        Estonia

                        75

                        62 570

                        278 700

                        Finland

                        50

                        299 866

                        890 500

                        France

                        51

                        3 838 940

                        11 632 700

                        Germany

                        52

                        3 972 476

                        12 333 000

                        Greece

                        59

                        521 233

                        1 837 700

                        Hungary

                        69

                        503 542

                        2 051 800

                        Ireland

                        50

                        282 388

                        838 500

                        Italy

                        58

                        2 710 492

                        9 403 100

                        Latvia

                        75

                        99 689

                        444 100

                        Lithuania

                        75

                        191 033

                        850 900

                        Luxembourg

                        50

                        29 277

                        175 000

                        Malta

                        75

                        24 355

                        175 000

                        Netherlands

                        50

                        985 163

                        2 925 400

                        Poland

                        75

                        2 044 899

                        9 108 500

                        Portugal

                        68

                        539 685

                        2 172 300

                        Romania

                        75

                        1 107 350

                        4 932 400

                        Slovakia

                        73

                        290 990

                        1 260 700

                        Slovenia

                        75

                        93 042

                        414 400

                        Spain

                        59

                        2 006 143

                        7 073 400

                        Sweden

                        50

                        481 389

                        1 429 500

                        United Kingdom

                        51

                        3 635 300

                        11 010 800

                           EU 28

                           58

                        26 169 686

                        90 000 000’