title: Commission Implementing Regulation (EU) No 1277/2011 of 8 December 2011 amending Annex I to Regulation (EC) No 669/2009 implementing Regulation (EC) No 882/2004 of the European Parliament and of the Council as regards the increased level of official controls on imports of certain feed and food of non-animal origin  Text with EEA relevance

text:
               9.12.2011

               EN

               Official Journal of the European Union

               L 327/42

         COMMISSION IMPLEMENTING REGULATION (EU) No 1277/2011
   of 8 December 2011
   amending Annex I to Regulation (EC) No 669/2009 implementing Regulation (EC) No 882/2004 of the European Parliament and of the Council as regards the increased level of official controls on imports of certain feed and food of non-animal origin
   (Text with EEA relevance)
   THE EUROPEAN COMMISSION,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to Regulation (EC) No 882/2004 of the European Parliament and of the Council of 29 April 2004 on official controls performed to ensure the verification of compliance with feed and food law, animal health and animal welfare rules (1), and in particular Article 15(5) thereof,
   Whereas:

               (1)

               Commission Regulation (EC) No 669/2009 (2) lays down rules concerning the increased level of official controls to be carried out on imports of feed and food of non-animal origin listed in Annex I thereto (the list), at the points of entry into the territories referred to in Annex I to Regulation (EC) No 882/2004.

               (2)

               Article 2 of Regulation (EC) No 669/2009 provides that the list is to be reviewed on a regular basis, and at least quarterly, taking into account at least the sources of information referred to in that Article.

               (3)

               The occurrence and relevance of food incidents notified through the Rapid Alert System for Food and Feed (RASFF), the findings of missions to third countries carried out by the Food and Veterinary Office, as well as the quarterly reports on consignments of feed and food of non-animal origin submitted by Member States to the Commission in accordance with Article 15 of Regulation (EC) No 669/2009 indicate that the list should be amended.

               (4)

               In particular, the list should be amended by deleting the entries for commodities for which those information sources indicate an overall satisfactory degree of compliance with the relevant safety requirements provided for in Union legislation and for which an increased level of official control is therefore no longer justified.

               (5)

               In addition, the list should be amended by decreasing the frequency of official controls of the commodities for which the information sources indicate an overall improvement of compliance with the relevant requirements provided for in Union legislation and for which the current level of official control is therefore no longer justified.

               (6)

               The entries in the list for certain imports from Argentina, the Dominican Republic, Egypt and India should therefore be amended accordingly.

               (7)

               In the interest of clarity of Union legislation, it is also necessary in the list to specify the entries for imports of fresh peppers from Thailand and feed additives and pre-mixtures from India, and to clarify the nature of peppers from the Dominican Republic, Egypt and Thailand.

               (8)

               The amendment to the list concerning the deletion of the references to commodities, and the reduction in the frequency of controls, should apply as soon as possible, as the original safety concerns have been satisfied. Accordingly, those amendments should apply from the date of entry into force of this Regulation.

               (9)

               Taking into account the number of amendments that need to be made to Annex I to Regulation (EC) No 669/2009, it is appropriate to replace it by the text in the Annex to this Regulation.

               (10)

               Regulation (EC) No 669/2009 should therefore be amended accordingly.

               (11)

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

         HAS ADOPTED THIS REGULATION:
   Article 1
   Annex I to Regulation (EC) No 669/2009 is replaced by the text in the Annex to this Regulation.
   Article 2
   This Regulation shall enter into force on the third day following its publication in the Official Journal of the European Union.
   It shall apply from 1 January 2012.
   However, the amendments to the following entries in Annex I to Regulation (EC) No 669/2009 shall apply from the date of entry into force of this Regulation:

               (a)

               The deletion of the following entries on:

                           (i)

                           groundnuts (in shell or shelled), peanut butter and groundnuts otherwise prepared and preserved (food and feed) from Argentina;

                           (ii)

                           lauki (food) from the Dominican Republic;

                           (iii)

                           green beans (food) from Egypt;

               (b)

               the decrease in frequency of physical and identity checks for dried spices (food) from India.

      This Regulation shall be binding in its entirety and directly applicable in all Member States.
      Done at Brussels, 8 December 2011.

            For the Commission

            The President

         José Manuel BARROSO

      (1)  OJ L 165, 30.4.2004, p. 1.

      (2)  OJ L 194, 25.7.2009, p. 11.

      ANNEX

            ‘ANNEX I
            A.   Feed and food of non-animal origin subject to an increased level of official controls at the designated point of entry

                        Feed and food
                        (intended use)

                        CN code (1)

                        Country of origin

                        Hazard

                        Frequency of physical and identity checks
                        (%)

                        Hazelnuts
                        (in shell or shelled)

                        0802 21 00; 0802 22 00

                        Azerbaijan (AZ)

                        Aflatoxins

                        10

                           (Feed and food)

                                    —

                                    Groundnuts (peanuts), in shell

                                    —

                                 1202 41 00

                        Brazil (BR)

                        Aflatoxins

                        10

                                    —

                                    Groundnuts (peanuts), shelled

                                    —

                                 1202 42 00

                                    —

                                    Peanut butter

                                    —

                                 2008 11 10

                                    —

                                    Groundnuts (peanuts), otherwise prepared or preserved

                                    —

                                    2008 11 91; 2008 11 96; 2008 11 98

                           (Feed and food)

                        Dried Noodles

                        ex 1902

                        China (CN)

                        Aluminium

                        10

                           (Food)

                        Pomelos

                        ex 0805 40 00

                        China (CN)

                        Pesticide residues analysed with multi-residue methods based on GC-MS and LC-MS or with single-residue methods (11)

                        20

                           (Food — fresh)

                        Tea leaves (black and green)

                        0902

                        China (CN)

                        Pesticide residues analysed with multi-residue methods based on GC-MS and LC-MS or with single-residue methods (10)

                        10

                           (Food)

                                    —

                                    Yardlong beans
                                    (Vigna unguiculata spp. sesquipedalis)

                                    —

                                    ex 0708 20 00; ex 0710 22 00

                        Dominican Republic (DO)

                        Pesticide residues analysed with multi-residue methods based on GC-MS and LC-MS or with single-residue methods (3)

                        50

                                    —

                                    Bitter melon
                                    (Momordica charantia)

                                    —

                                    ex 0709 99 90; ex 0710 80 95

                                    —

                                    Peppers (sweet and other than sweet)
                                    (Capsicum spp.)

                                    —

                                    0709 60 10; ex 0709 60 99; 0710 80 51; ex 0710 80 59

                                    —

                                    Aubergines

                                    —

                                    0709 30 00; ex 0710 80 95

                           (Food — fresh, chilled or frozen vegetables)

                                    —

                                    Oranges (fresh or dried)

                                    —

                                    0805 10 20; 0805 10 80

                        Egypt (EG)

                        Pesticide residues analysed with multi-residue methods based on GC-MS and LC-MS or with single-residue methods (7)

                        10

                                    —

                                    Peaches (excluding nectarines)

                                    —

                                 0809 30 90

                                    —

                                    Pomegranates

                                    —

                                 ex 0810 90 75

                                    —

                                    Strawberries

                                    —

                                 0810 10 00

                           (Food — fresh fruits and vegetables)

                        Peppers (sweet and other than sweet) (Capsicum spp.)

                        0709 60 10; ex 0709 60 99; 0710 80 51; ex 0710 80 59

                        Egypt (EG)

                        Pesticide residues analysed with multi-residue methods based on GC-MS and LC-MS or with single-residue methods (12)

                        10

                           (Food — fresh, chilled or frozen)

                                    —

                                    Groundnuts (peanuts), in shell

                                    —

                                 1202 41 00

                        Ghana (GH)

                        Aflatoxins

                        50

                                    —

                                    Groundnuts (peanuts), shelled

                                    —

                                 1202 42 00

                                    —

                                    Peanut butter

                                    —

                                 2008 11 10

                           (Feed and Food)

                        Curry leaves (Bergera/Murraya koenigii)

                        ex 1211 90 85

                        India (IN)

                        Pesticide residues analysed with multi-residue methods based on GC-MS and LC-MS or with single residue methods (5)

                        10

                           (Food — fresh herbs)

                                    —

                                       Capsicum annuum, whole

                                    —

                                 0904 21 10

                        India (IN)

                        Aflatoxins

                        20

                                    —

                                       Capsicum annuum, crushed or ground,

                                    —

                                 ex 0904 22 00

                                    —

                                    Curry (chilli products)

                                    —

                                 0910 91 05

                                    —

                                    Nutmeg
                                    (Myristica fragrans)

                                    —

                                    0908 11 00, 0908 12 00

                                    —

                                    Mace
                                    (Myristica fragrans)

                                    —

                                    0908 21 00, 0908 22 00

                                    —

                                    Ginger
                                    (Zingiber officinale)

                                    —

                                    0910 11 00, 0910 12 00

                                    —

                                       Curcuma longa (turmeric)

                                    —

                                 0910 30 00

                           (Food — dried spices)
                            (13)

                                    —

                                    Groundnuts (peanuts), in shell

                                    —

                                 1202 41 00

                        India (IN)

                        Aflatoxins

                        20

                                    —

                                    Groundnuts (peanuts), shelled

                                    —

                                 1202 42 00

                                    —

                                    Peanut butter

                                    —

                                 2008 11 10

                                    —

                                    Groundnuts (peanuts), otherwise prepared or preserved

                                    —

                                    2008 11 91; 2008 11 96; 2008 11 98

                           (Feed and food)

                        Feed additives and pre-mixtures

                        ex 2309; 2917 19 90; ex 2817 00 00; ex 2820 90 10; ex 2820 90 90; ex 2821 10 00; ex 2825 50 00; ex 2833 21 00; ex 2833 25 00; ex 2833 29 20; ex 2833 29 80; ex 2835; ex 2836; ex 2839; 2936

                        India (IN)

                        Cadmium and lead

                        10

                           (Feed)

                        Okra

                        ex 0709 99 90

                        India (IN)

                        Pesticide residues analysed with multi-residue methods based on GC-MS and LC-MS or with single-residue methods (2)

                        10

                           (Food — fresh)

                        Watermelon (egusi, Citrullus lanatus) seeds and derived products

                        ex 1207 99 96; ex 1106 30 90; ex 2008 99 99

                        Nigeria (NG)

                        Aflatoxins

                        50

                           (Food)

                                    —

                                       Capsicum annuum, whole

                                    —

                                 0904 21 10

                        Peru (PE)

                        Aflatoxins and Ochratoxin A

                        10

                                    —

                                       Capsicum annuum, crushed or ground

                                    —

                                 ex 0904 22 00

                           (Food — dried spice)

                                    —

                                    Peppers (other than sweet) (Capsicum spp.)

                        ex 0709 60 99

                        Thailand (TH)

                        Pesticide residues analysed with multi-residue methods based on GC-MS and LC-MS or with single-residue methods (9)

                        10

                           (Food — fresh)

                                    —

                                    Coriander leaves

                                    —

                                 ex 0709 99 90

                        Thailand (TH)

                        Salmonella (6)

                        10

                                    —

                                    Basil (holy, sweet)

                                    —

                                 ex 1211 90 85

                                    —

                                    Mint

                                    —

                                 ex 1211 90 85

                           (Food — fresh herbs)

                                    —

                                    Coriander leaves

                                    —

                                 ex 0709 99 90

                        Thailand (TH)

                        Pesticide residues analysed with multi-residue methods based on GC-MS and LC-MS or with single-residue methods (4)

                        20

                                    —

                                    Basil (holy, sweet)

                                    —

                                 ex 1211 90 85

                        (Food — fresh herbs)

                                    —

                                    Yardlong beans
                                    (Vigna unguiculata spp. sesquipedalis)

                                    —

                                    ex 0708 20 00; ex 0710 22 00

                        Thailand (TH)

                        Pesticide residues analysed with multi-residue methods based on GC-MS and LC-MS or with single-residue methods (4)

                        50

                                    —

                                    Aubergines

                                    —

                                    0709 30 00; ex 0710 80 95

                                    —

                                    Brassica vegetables

                                    —

                                    0704; ex 0710 80 95

                           (Food — fresh, chilled or frozen vegetables)

                                    —

                                    Sweet Peppers (Capsicum annuum)

                                    —

                                    0709 60 10; 0710 80 51

                        Turkey (TR)

                        Pesticide residues analysed with multi-residue methods based on GC-MS and LC-MS or with single-residue methods (8)

                        10

                                    —

                                    Tomatoes

                                    —

                                    0702 00 00; 0710 80 70

                        (Food — fresh, chilled or frozen vegetables)

                        Dried grapes (vine fruit)

                        0806 20

                        Uzbekistan (UZ)

                        Ochratoxin A

                        50

                           (Food)

                                    —

                                    Groundnuts (peanuts), in shell

                                    —

                                 1202 41 00

                        South Africa (ZA)

                        Aflatoxins

                        10

                                    —

                                    Groundnuts (peanuts), shelled

                                    —

                                 1202 42 00

                                    —

                                    Peanut butter

                                    —

                                 2008 11 10

                                    —

                                    Groundnuts (peanuts), otherwise prepared or preserved

                                    —

                                    2008 11 91; 2008 11 96; 2008 11 98

                           (Feed and food)

                                    —

                                       Capsicum annuum, crushed or ground

                                    —

                                 ex 0904 22 00

                        All third countries

                        Sudan dyes

                        10

                                    —

                                    Curry (chilli products)

                                    —

                                 0910 91 05

                                    —

                                       Curcuma longa (turmeric)

                                    —

                                 0910 30 00

                           (Food — dried spices)

                                    —

                                    Red palm oil

                                    —

                                 ex 1511 10 90

                           (Food)

                  B.   Definitions

            For the purposes of this Annex, "Sudan dyes" refers to the following chemical substances:

                        (i)

                        Sudan I (CAS Number 842-07-9);

                        (ii)

                        Sudan II (CAS Number 3118-97-6);

                        (iii)

                        Sudan III (CAS Number 85-86-9);

                        (iv)

                        Scarlet Red; or Sudan IV (CAS Number 85-83-6).’

         (1)  Where only certain products under any CN code are required to be examined and no specific subdivision under that code exists in the goods nomenclature, the CN code is marked "ex" (for example, ex 1006 30: only Basmati rice for direct human consumption is included).

         (2)  In particular residues of: Acephate, Methamidophos, Triazophos, Endosulfan, Monocrotophos.

         (3)  In particular residues of: Amitraz, Acephate, Aldicarb, Benomyl, Carbendazim, Chlorfenapyr, Chlorpyrifos, CS2 (Dithiocarbamates), Diafenthiuron, Diazinon, Dichlorvos, Dicofol, Dimethoate, Endosulfan, Fenamidone, Imidacloprid, Malathion, Methamidophos, Methiocarb, Methomyl, Monocrotophos, Omethoate, Oxamyl, Profenofos, Propiconazole, Thiabendazol, Thiacloprid.

         (4)  In particular residues of: Acephate, Carbaryl, Carbendazim, Carbofuran, Chlorpyriphos, Chlorpyriphos-methyl, Dimethoate, Ethion, Malathion, Metalaxyl, Methamidophos, Methomyl, Monocrotophos, Omethoate, Prophenophos, Prothiophos, Quinalphos, Triadimefon, Triazophos, Dicrotophos, EPN, Triforine.

         (5)  In particular residues of: Triazophos, Oxydemeton-methyl, Chlorpyriphos, Acetamiprid, Thiamethoxam, Clothianidin, Methamidophos, Acephate, Propargite, Monocrotophos.

         (6)  Reference method EN/ISO 6579 or a method validated against it as referred to in Article 5 of Commission Regulation (EC) No 2073/2005 (OJ L 338, 22.12.2005, p. 1).

         (7)  In particular residues of: Carbendazim, Cyfluthrin Cyprodinil, Diazinon, Dimethoate, Ethion, Fenitrothion, Fenpropathrin, Fludioxonil, Hexaflumuron, Lambda-cyhalothrin, Methiocarb, Methomyl, Omethoate, Oxamyl, Phenthoate, Thiophanate-methyl.

         (8)  In particular residues of: Methomyl, Oxamyl, Carbendazim, Clofentezine, Diafenthiuron, Dimethoate, Formetanate, Malathion, Procymidone, Tetradifon, Thiophanate-methyl.

         (9)  In particular residues of: Carbofuran, Methomyl, Omethoate, Dimethoate, Triazophos, Malathion, Profenofos, Prothiofos, Ethion, Carbendazim, Triforine, Procymidone, Formetanate.

         (10)  In particular residues of: Buprofezin; Imidacloprid; Fenvalerate and Esfenvalerate (Sum of RS & SR isomers); Profenofos; Trifluralin; Triazophos; Triadimefon and Triadimenol (sum of triadimefon and triadimenol), Cypermethrin (cypermethrin including other mixtures of constituent isomers (sum of isomers)).

         (11)  In particular residues of: Triazofos, Triadimefon and Triadimenol (sum of triadimefon and triadimenol), Parathion-methyl, Fenthoate.

         (12)  In particular residues of: Carbofuran (sum), Chlorpyrifos, Cypermethrin (sum), Cyproconazole, Dicofol (sum), Difenoconazole, Dinotefuran, Ethion, Flusilazole, Folpet, Prochloraz, Profenofos, Propiconazole, Thiophanate-methyl and Triforine.

         (13)  The following CN codes are to be used between the entry into force of this legislation and its entry into application (1 January 2012):

                  —

                     Capsicum annuum, whole: 0904 20 10

                  —

                     Capsicum annuum, crushed or ground: ex 0904 20 90

                  —

                  Nutmeg (Myristica fragrans): 0908 10 00

                  —

                  Mace (Myristica fragrans): 0908 20 00

                  —

                  Ginger (Zingiber officinale): 0910 10 00.


title: Commission Implementing Regulation (EU) No 307/2013 of 2 April 2013 establishing the standard import values for determining the entry price of certain fruit and vegetables

text:
               3.4.2013

               EN

               Official Journal of the European Union

               L 91/8

         COMMISSION IMPLEMENTING REGULATION (EU) No 307/2013
   of 2 April 2013
   establishing the standard import values for determining the entry price of certain fruit and vegetables
   THE EUROPEAN COMMISSION,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to Council Regulation (EC) No 1234/2007 of 22 October 2007 establishing a common organisation of agricultural markets and on specific provisions for certain agricultural products (Single CMO Regulation) (1),
   Having regard to Commission 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, 2 April 2013.

            For the Commission, On behalf of the President,
         José Manuel SILVA RODRÍGUEZ

            Director-General for Agriculture and Rural Development

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

      (2)  OJ L 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

                  MA

                  69,7

                  TN

                  99,6

                  TR

                  126,7

                  ZZ

                  98,7

                  0707 00 05

                  JO

                  194,1

                  TR

                  145,4

                  ZZ

                  169,8

                  0709 93 10

                  MA

                  46,3

                  TR

                  107,4

                  ZZ

                  76,9

                  0805 10 20

                  EG

                  54,1

                  IL

                  65,2

                  MA

                  57,6

                  TN

                  58,7

                  TR

                  69,0

                  ZZ

                  60,9

                  0805 50 10

                  TR

                  71,9

                  ZZ

                  71,9

                  0808 10 80

                  AR

                  108,9

                  BR

                  93,3

                  CL

                  131,0

                  CN

                  78,7

                  MK

                  27,7

                  US

                  180,6

                  ZA

                  111,6

                  ZZ

                  104,5

                  0808 30 90

                  AR

                  117,1

                  CL

                  145,2

                  TR

                  208,9

                  US

                  158,2

                  ZA

                  129,2

                  ZZ

                  151,7

         (1)  Nomenclature of countries laid down by Commission Regulation (EC) No 1833/2006 (OJ L 354, 14.12.2006, p. 19). Code ‘ZZ’ stands for ‘of other origin’.


title: Commission Implementing Regulation (EU) No 1246/2011 of 29 November 2011 entering a name in the register of protected designations of origin and protected geographical indications (Mantecados de Estepa (PGI))

text:
               2.12.2011

               EN

               Official Journal of the European Union

               L 319/32

         COMMISSION IMPLEMENTING REGULATION (EU) No 1246/2011
   of 29 November 2011
   entering a name in the register of protected designations of origin and protected geographical indications (Mantecados de Estepa (PGI))
   THE EUROPEAN COMMISSION,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to Council Regulation (EC) No 510/2006 of 20 March 2006 on the protection of geographical indications and designations of origin for agricultural products and foodstuffs (1), and in particular the first subparagraph of Article 7(4) thereof,
   Whereas:

               (1)

               Pursuant to the first subparagraph of Article 6(2) of Regulation (EC) No 510/2006, Spain’s application to register the name ‘Mantecados de Estepa’ was published in the Official Journal of the European Union
                   (2).

               (2)

               As no statement of objection under Article 7 of Regulation (EC) No 510/2006 has been received by the Commission, that name should therefore be entered in the register,

         HAS ADOPTED THIS REGULATION:
   Article 1
   The name contained in the Annex to this Regulation is hereby entered in the register.
   Article 2
   This Regulation shall enter into force on the 20th day following its publication in the Official Journal of the European Union.

      This Regulation shall be binding in its entirety and directly applicable in all Member States.
      Done at Brussels, 29 November 2011.

            For the Commission, On behalf of the President,

         Dacian CIOLOȘ

            Member of the Commission

      (1)  OJ L 93, 31.3.2006, p. 12.

      (2)  OJ C 32, 1.2.2011, p. 22.

      ANNEX
      Foodstuffs listed in Annex I to Regulation (EC) No 510/2006:

         Class 2.4.   Bread, pastry, cakes, confectionery, biscuits and other baker’s wares

      SPAIN
      Mantecados de Estepa (PGI)


title: Commission Implementing Regulation (EU) 2016/545 of 7 April 2016 on procedures and criteria concerning framework agreements for the allocation of rail infrastructure capacity (Text with EEA relevance)

text:
               8.4.2016

               EN

               Official Journal of the European Union

               L 94/1

         COMMISSION IMPLEMENTING REGULATION (EU) 2016/545
   of 7 April 2016
   on procedures and criteria concerning framework agreements for the allocation of rail infrastructure capacity
   (Text with EEA relevance)
   THE EUROPEAN COMMISSION,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to Directive 2012/34/EU of the European Parliament and of the Council of 21 November 2012 establishing a single European railway area (1), and in particular Article 42(8) thereof,
   Whereas:

               (1)

               When concluding framework agreements, infrastructure managers should make optimum effective use of the available infrastructure capacity. At the same time, in order to invest in services, applicants for framework capacity may need greater legal certainty as regards available infrastructure capacity for more than one timetable period.

               (2)

               Infrastructure managers have to reserve capacity for the annual timetabling procedure to organise prearranged train paths in accordance with Article 14(3) and (5) of Regulation (EU) No 913/2010 of the European Parliament and of the Council (2). Moreover, they might have to provide for reserve capacity for ad hoc requests in accordance with Article 48(2) of Directive 2012/34/EU. In addition, framework agreements should not preclude annual timetabling in accordance with Article 42 of Directive 2012/34/EU. Therefore, infrastructure managers should at least plan these capacity reserves and consider these limitations before allocating part of the remaining capacity through framework agreements.

               (3)

               Potential applicants need transparency concerning the allocated framework capacity and the remaining indicative capacity on a line. With a view to avoiding administrative burden related to framework agreements, potential applicants should get a first impression of how likely it is that their applications will be approved. Therefore infrastructure managers should publish the framework capacity statements in their network statements. The framework capacity statement should specify, where relevant, whether framework agreements are valid for freight or passengers or for both.

               (4)

               Infrastructure managers and applicants should enjoy a certain flexibility as regards the time to lodge applications for framework capacity. At the same time, criteria to ensure optimum use of available infrastructure capacity are most effective when they are applied to as many applications as possible simultaneously. Therefore, before concluding a framework agreement, infrastructure managers that do not apply a fixed annual or multiannual deadline should consult applicants who could be interested in framework agreements.

               (5)

               Applicants should be aware that infrastructure managers are under obligation to make an optimum and effective use of the available infrastructure capacity, both on their individual networks and jointly throughout the single European railway area. This obligation should apply throughout the duration of a framework agreement and also to train paths allocated under framework agreements. As a result, when they decide to conclude a new framework agreement, both parties to that agreement should already have considered the criteria set out in this Regulation to ensure optimum use of the available infrastructure capacity.

               (6)

               Framework agreements should not specify a particular train path, but should provide a time frame giving sufficient flexibility until the annual scheduling of train paths. At the same time, train services may have different needs for precision in terms of when their service would run which should be reflected in different widths of the time frames.

               (7)

               The introduction of new railway services requires prior technical and safety authorisations or procurement of rolling stock or both which may take a number of years. Investors need certainty on available capacity before deciding on such investments. This justifies a certain time for applicants between the conclusion of the framework agreement and the start of services under the agreement, during which they can, inter alia, gather the necessary authorisations and certificates and procure the rolling stock. Applicants that demonstrably need this time before they can start operations should not be penalised by having the duration of their framework agreements shortened.

               (8)

               The setting of criteria for the concluding framework agreements should allow the infrastructure manager to market and make optimum effective use of the available infrastructure capacity in accordance with Article 26 of Directive 2012/34/EU.

               (9)

               Framework agreements should enable a successful coordination of conflicting applications and therefore meet certain criteria as regards allocation of available capacity to other applicants, the modification and the surrender of framework capacity.

               (10)

               Coordination and consultations with applicants who are already party to a framework agreement may create a burden for infrastructure managers and applicants. This burden could be disproportionate on lines and at times of the day where capacity usage by framework agreements is anyway significantly below the maximum. Consequently infrastructure managers should, in such cases, be given the option of derogating from the procedures or criteria set out in this Regulation. At the same time, where the calculation of such a maximum or the implementation of thresholds is found to be difficult or arbitrary, Member States might wish the infrastructure managers not to make use of this derogation. In the latter case, the regulatory body should approve all framework agreements before they are concluded in an attempt to reduce administrative burden.

               (11)

               Conflicts can arise between applications for new framework agreements and existing framework agreements or between train paths requested pursuant to a framework agreement and train paths requested outside a framework agreement under the annual scheduling. In such cases, the infrastructure manager should coordinate between the parties inviting them to modify their requirements with a view to reconciling them. Reconciliation may include a modification of the allocation of time frames or re-routing. Article 46 of Directive 2012/34/EU sets out a procedure to resolve conflicting applications for train paths and should also serve as a model for framework agreements.

               (12)

               Where priority criteria under the timetabling set and published in accordance with Article 47(3) to (6) of Directive 2012/34/EU prevail over whether or not an application under the annual timetabling procedure is submitted under a framework agreement, the infrastructure manager should not have to apply criteria established for framework agreements, but should rather apply the priority criteria established for the annual timetabling procedure.

               (13)

               It is important to maximise the flexibility available to the infrastructure manager with regard to the allocation of infrastructure capacity, but this should be consistent with satisfying the applicant's reasonable requirements. Infrastructure managers should take into account transparent criteria before concluding new framework agreements.

               (14)

               Applicants should only request framework capacity that they really need. If all or part of the requested framework capacity is not used over a certain period of time, the framework agreement should be reviewed with a view to the applicant surrendering the unused capacity (‘use-it-or-lose-it’), unless he is able to justify that not using the capacity resulted from reasons beyond his control.

               (15)

               Infrastructure managers should develop their cooperation in such a way that framework agreements for services using more than one network are coherent and lead to train services of quality that applicants can reasonably expect. Such coherence is needed when concluding framework agreements up to the moment when the train paths are allocated.

               (16)

               Penalties that are set at a reasonable level could create an incentive for applicants to make realistic applications for framework agreements and to communicate any changes in capacity needed under a framework agreement as soon as the applicant is aware of it.

               (17)

               Penalties for modification or termination of framework agreements, if agreed between the parties, should be non-discriminatory. Their level should be appropriate to reach the intended objectives, they should actually be paid and, if necessary, the payment be enforced. To maintain the incentive effect and avoid discrimination, the framework agreement should not allow the infrastructure manager to waive a penalty payment when the applicant concludes another framework agreement.

               (18)

               In addition, Member States should have a possibility not to apply, for a limited period of time, certain provisions of this Regulation to framework agreements concluded on or after 15 March 2003, that is to say the date set for the transposition of Directive 2001/14/EC of the European Parliament and of the Council (3) or in the case of Member States that acceded to the European Union after this date, the date of their accession to the European Union. However, as Article 17(3) of Directive 2001/14/EC provided that it should be possible to amend framework agreements or limit their terms to enable better use of railway infrastructure, those provisions of this Regulation should apply to amendments to such framework agreements, where those amendments are substantial and agreed after the date of entry into force of this Regulation.

               (19)

               The Commission might review the present Regulation in the light of the experience gained through its application or through the application of Regulation (EU) No 913/2010 on European Rail Freight Corridors.

               (20)

               The measures provided for in this Regulation are in accordance with the opinion of the Committee established by Article 62(1) of Directive 2012/34/EU,

         HAS ADOPTED THIS REGULATION:
   Article 1
   Subject matter
   This Regulation sets out the procedure and criteria to be followed for the conclusion of framework agreements.
   Article 2
   Definitions
   For the purpose of this Regulation and in addition to the definitions in Article 3 of Directive 2012/34/EU, the following definitions apply:

               (1)

               ‘framework capacity’ means infrastructure capacity allocated under a framework agreement;

               (2)

               ‘framework capacity statement’ means an overview of both the framework capacity allocated on the lines of a given network and an indication of the volume and nature of the available capacity on such lines, and may include a graphical view, with the purpose of informing potential applicants for framework agreements;

               (3)

               ‘time frame’ means the period of time specified in a framework agreement within which one or several train paths are intended to be allocated under the timetable procedure;

               (4)

               ‘control period’ means a period of time of two hours maximum as defined by the infrastructure manager for comparing the allocated framework capacity and the remaining free capacity with the purpose of informing potential applicants for framework agreements of the indicative framework capacity allocated and the capacity available.

         Article 3
   Framework capacity statement
   1.   The infrastructure manager shall draw up a framework capacity statement indicating for every section of line per control period and, if applicable by type of service, the following information:

               (a)

               the framework capacity already allocated and the number of train paths;

               (b)

               the indicative capacity still available for concluding framework agreements on infrastructure for which framework agreements are already concluded;

               (c)

               the maximum capacity available for framework agreements for every section of line, where applicable.

         2.   The framework capacity statement shall respect commercial confidentiality.
   3.   In accordance with Article 42(7) of Directive 2012/34/EU, the infrastructure manager shall include a framework capacity statement in the network statement or provide a link in the network statement to a public website where that framework capacity statement, or as a minimum the general nature of each concluded framework agreement, is made available. Article 27(1) of Directive 2012/34/EU regarding fees and languages of the network statement shall also apply to the framework capacity statement.
   4.   The infrastructure manager shall update the framework capacity statement no later than three months after the conclusion of a framework agreement, a substantial amendment to it or its cancellation. It shall make that information available in a way which respects commercial confidentiality.
   Article 4
   Alignment of network statements
   Infrastructure managers shall align their network statements with the requirements of this Regulation and publish the framework capacity statement at the date of the first timetable change following the publication of the Regulation in the Official Journal of the European Union.
   Article 5
   Allocation of framework capacity
   1.   The infrastructure manager may invite potential applicants to submit requests for framework agreements by an annual or multiannual deadline. Once the relevant deadline has expired, it shall process the requests submitted without delay. If the infrastructure manager invites for framework agreements by a multiannual deadline, it shall publish annual deadlines by which it shall process the requests received after the multiannual deadline without undue delay.
   2.   Where the infrastructure manager does not impose an annual or multiannual deadline and receives a request to conclude or modify a framework agreement, it shall take reasonable steps to inform other potential applicants about its intention to conclude a framework agreement and give them one to four months to reply. The infrastructure manager may decide not to inform the other potential applicants if it receives a request for a minor modification to a framework agreement that does not impact other framework agreements.
   The infrastructure manager shall decide on the requests for framework agreements without delay.
   3.   If two or more new requests for a framework agreement are submitted for the same capacity, the infrastructure manager shall examine and decide on them simultaneously.
   4.   If a framework agreement that is to be concluded or substantially modified concerns rail lines of a rail freight corridor and if the management board had requested to be informed thereof, the infrastructure manager shall inform the management board of the rail freight corridor(s) concerned as referred to in Article 13 of Regulation (EU) No 913/2010. The infrastructure manager shall provide this information at least one month before concluding or substantially modifying the framework agreement.
   5.   Notwithstanding a decision to conclude framework agreements, the infrastructure manager may decide on a non-discriminatory basis and, where applicable, with prior approval of the regulatory body not to offer framework agreements on all lines that have been declared congested in accordance with Article 47(1) of Directive 2012/34/EU. The infrastructure manager shall indicate the lines where it does not offer framework agreements in the framework capacity statement before inviting applicants to submit requests for framework agreements for other lines in accordance with paragraph 1. The approval of the regulatory body, where applicable, shall be valid for a maximum period of two years and shall not be automatically renewable.
   6.   The infrastructure manager shall justify its decision to refuse, to conclude or to modify a framework agreement. The reasons shall be justified in writing to the applicant that requested the conclusion or the modification.
   Article 6
   Conclusion of framework agreements
   1.   Before concluding a new framework agreement or extending or substantially increasing the framework capacity of an existing framework agreement, the infrastructure manager shall take into account, among other things, the following:

               (a)

               securing optimum use of available infrastructure capacity, including the use of other networks, taking account of planned capacity restrictions;

               (b)

               the legitimate commercial needs of the applicant where the applicant has demonstrated that it has the actual intention and ability to use the capacity requested in the framework agreement;

               (c)

               the needs of passengers, the freight sector and investors, including State entities and other public and private entities;

               (d)

               ensuring non-discriminatory access to infrastructure and taking into account the availability of the related facilities and services supplied in these facilities as far as this information is made available to the infrastructure manager;

               (e)

               the funding of the infrastructure manager and the future development of the network;

               (f)

               promoting efficiency in the operation of infrastructure and as far as possible related facilities, including planned maintenance, enhancement and renewals;

               (g)

               the capacity requirements of international rail freight corridors as provided for in Article 14 of Regulation (EU) No 913/2010;

               (h)

               ensuring proportionate, targeted, transparent, fair and sufficiently resourced management of the network;

               (i)

               previous failure, if any, to use framework capacity and the reasons for that failure as set out in Article 11(2) and (3) of this Regulation;

               (j)

               the priority criteria applying to the path allocation in the timetabling procedure, as referred to in Article 47 of Directive 2012/34/EU and declarations of congested infrastructure;

               (k)

               if applicable, the need to ensure the long-term financial performance of public transport provided under a public service contract.

         The infrastructure manager shall publish in the network statement, in addition to the items listed in points (a) to (k), the other items it intends to take into account.
   2.   A framework agreement shall contain the following:

               (a)

               provisions allowing requests for the modification of framework capacity in the circumstances provided for under Articles 8-11 and 13 of this Regulation;

               (b)

               provisions allowing requests for the modification of framework capacity in the case of permanent changes to the infrastructure that are necessary in order to ensure better use to be made of the railway infrastructure;

               (c)

               provisions allowing the surrender or shift of framework capacity on a voluntary basis.

         It shall not contain provisions that would prevent the infrastructure manager, where capacity is available, from granting access rights to a different applicant on one or more lines of the infrastructure manager's network.
   3.   Applicants may request that the framework capacity allocated in accordance with the framework agreement starts at any given time, but no later than five years from the date of the request. Infrastructure managers shall not reject such requests where the time period needed before taking up the service, is justified by one of the following reasons:

               (a)

               the framework agreement is a prerequisite for financing rolling stock that is needed for a new service;

               (b)

               there is a need to complete the authorisation of the rolling stock as referred to under point (a);

               (c)

               the way in which the start of operations of shipping points or loading terminals or the opening of a connecting piece of infrastructure is scheduled;

               (d)

               investment has to be made in infrastructure where the increased capacity is not yet available;

               (e)

               a provision in an existing public service contract.

         The infrastructure manager or the applicant may request the regulatory body to approve a longer period than the one referred to in the first sentence of the first subparagraph. The regulatory body may give its approval for other reasons than those laid down in points (a) to (e) of the first subparagraph. The capacity allocated under the framework agreement, but not used, as a consequence of the time needed before taking up the service shall remain available for use by other applicants.
   4.   A request for framework agreement shall not be rejected on grounds that the infrastructure manager received the request after the deadline as referred to in Article 5(1) but shall be processed under the next procedure on a non-discriminatory basis in accordance with Article 5. If the infrastructure manager invites the potential applicants to submit requests for framework agreements by a multiannual deadline and if it receives such requests after this deadline, it shall process them either by an annual deadline in accordance with Article 5(1) or in accordance with Article 5(2).
   For requests that meet the criteria provided in paragraph 3 of this Article, the date of receipt of the request for framework agreement shall not be taken into account for setting the duration of the framework agreement. This shall not apply to the applicants who have already been allocated other framework capacity or train paths on the line concerned.
   Article 7
   Agreement on a time frame
   The infrastructure manager shall agree on a time frame with the applicant on a case-by-case basis and the time frame should be aligned as closely as possible to the control period in order to facilitate the assignment of the related framework capacity. The time frame shall reflect the needs of the train service.
   The time frame shall be of up to 24 hours. In exceptional cases, upon request of the applicant and subject to prior approval by the regulatory body, the infrastructure manager may agree on a time frame of more than 24 hours.
   In the case of a time frame of more than two hours, the infrastructure manager shall assign the framework capacity as close as possible to a two-hour control period.
   Time frames under one framework agreement or under different framework agreements may overlap. The parties to a framework agreement may agree on a frequency of service.
   Article 8
   Ceilings for the allocation of framework capacity
   1.   The infrastructure manager shall divide each 24 hour period into control periods of no longer than two hours each. When allocating framework capacity the infrastructure manager shall assign the time frames to control periods.
   2.   Where the infrastructure manager allocates framework capacity of not more than 70 % of the maximum capacity in any given control period on a line, it may decide not to apply Article 9(3) to (6), Article 10 and Article 11(1) as regards those control periods. The maximum capacity shall be calculated on the basis of existing and planned headways of trains and the estimated number of trains on the line concerned. The infrastructure manager shall publish in the network statement its methodology for calculating the maximum capacity for the purpose of this paragraph.
   3.   Where prior approval of framework agreements by the regulatory body in accordance with the second subparagraph of Article 42(1) of Directive 2012/34/EU is required, a Member State may decide not to apply any or all of paragraph 2 and Articles 9(3) to (6) and 10.
   Article 9
   Coordination in case of conflicting requests for framework agreements for any time after the end of the next timetable period
   1.   If the infrastructure manager encounters conflicts between existing framework agreements and requests for new or modified framework agreements or between requests for new framework agreements, the principles of the coordination procedure for path requests provided for by Article 46(3) and (4) of Directive 2012/34/EU shall apply.
   2.   The infrastructure manager shall attempt through the first coordination to ensure the best possible matching of the conflicting requests or of a request and existing framework agreements.
   3.   Where existing framework agreements and requests for new framework agreements or requests to modify agreements cannot be reconciled after a first coordination round, following the rejection by the interested parties of the solution proposed by the infrastructure manager, the latter shall assess those requests and, if relevant, existing framework agreements, taking into account the criteria provided in Article 10(2) to (4).
   4.   On the basis of the assessment in accordance with paragraph 3, the infrastructure manager shall perform a second round of coordination. If the second coordination round has proven unsuccessful and if the requested framework agreement provides for making a better use of the infrastructure, the infrastructure manager shall request the modification of framework capacity allocated under existing framework agreements.
   5.   If the second coordination round has proven unsuccessful and if a requested framework agreement does not provide for making a better use of the infrastructure than one or several existing conflicting framework agreements, the infrastructure manager shall reject the request.
   6.   The infrastructure manager may reject a requested framework agreement, if the additional income generated from concluding the new framework agreement would not at least offset possible penalties, as referred to in Article 13, pursuant to the modification referred to in paragraph 4 of this Article.
   7.   If it is not possible to satisfy requests for framework agreements for reasons of actual or expected lack of infrastructure capacity, the infrastructure manager may declare the section of infrastructure concerned to be congested in accordance with Article 47 of Directive 2012/34/EU.
   Article 10
   Coordination of conflicting requests for train paths under framework agreements during scheduling procedure
   1.   Where, because of a conflict with an existing framework agreement, requests for train paths cannot be satisfied in accordance with the scheduling set out in Article 45 of Directive 2012/34/EU, the infrastructure manager shall hold a first coordination round in accordance with Article 46 of Directive 2012/34/EU. This coordination is to be held even where parties to the framework agreement voluntarily waived or modified their time frames. If the infrastructure manager cannot reconcile the requests, it shall assess the framework agreements and the requests for train paths in accordance with the criteria provided in paragraphs 2 and 3.
   If, on the basis of these criteria, the requested train paths would provide for making a better use of the infrastructure and if the additional income generated from allocating these train paths would at least offset the possible penalties as referred to in Article 13 and incurred by a modification or termination of one or several existing framework agreements, the infrastructure manager shall request the modification of existing framework agreements for the next timetable period.
   2.   The infrastructure manager shall take into account the following criteria:

               (a)

               a modification would not endanger the viability of the business model of the applicant holding the framework capacity or the economic model of a public service contract;

               (b)

               a modification would not endanger the viability of the business model of the infrastructure manager if it only manages the line concerned;

               (c)

               the framework agreement has a lower performance when assessed against the priority criteria applied to the path allocation in the timetabling procedure in accordance with the rules for capacity allocation as referred to in Article 39 of Directive 2012/34/EU, including those established under Articles 47 and 49 of Directive 2012/34/EU;

               (d)

               the total capacity held or requested by one applicant on the line concerned is significant;

               (e)

               the legitimate commercial needs of the applicant where the applicant has demonstrated its actual intention and ability to use the capacity requested in the framework agreement;

               (f)

               the length of the service, including stretches on other networks, of one of the conflicting requests is significantly shorter than that of the other;

               (g)

               the remaining duration of the framework agreement or of the business plan is short and all or a large part of the investment has been written off.

         Member States may define an order of importance of these criteria in the framework for capacity allocation as referred to in Article 39 of Directive 2012/34/EU
   3.   Subject to approval by the regulatory body, the infrastructure manager may decide to introduce additional criteria to those listed in points (a) to (g). If the infrastructure manager decides to give differing weights to the criteria, the weighting of the criteria shall be approved by the regulatory body.
   4.   For cross border traffic, the infrastructure managers concerned may jointly decide to apply additional criteria and on changing their weight.
   5.   By derogation from paragraphs 1, 2 and 3, the infrastructure manager may decide that in the case of conflicting train path requests, rules of capacity allocation as referred to in Article 39 of Directive 2012/34/EU, including the priority criteria applied under the annual timetabling procedure in accordance with Articles 47 and 49 of Directive 2012/34/EU shall apply both to path requests under a framework agreement and to all other path requests. If the infrastructure manager so decides and if conflicting requests cannot be solved after a first coordination as referred to in paragraph 1, it shall also apply those rules of capacity allocation as referred to in Article 39 of Directive 2012/34/EU, including the priority criteria established in accordance with Articles 47 and 49 of Directive 2012/34/EU. If the infrastructure manager decides to apply this paragraph it shall make this transparent in the agreed framework agreement.
   Article 11
   Adjustment of framework capacity in the framework agreement
   1.   The infrastructure manager shall periodically review the framework agreement with the applicants for the purpose of considering the framework capacity. Applicants shall without delay inform the infrastructure manager of any permanent intention not to use all or part of the framework capacity.
   2.   If during the annual scheduling, the applicant does not request train paths on the basis of the framework agreement in accordance with Article 44(3) of Directive 2012/34/EU, the infrastructure manager shall reduce the framework capacity accordingly for the current annual timetabling period. This is unless the applicant justifies without delay the failure to request the train paths and the reasons given are beyond the applicant's control.
   3.   The infrastructure manager shall establish and publish in the network statement requirements concerning the proportion of framework capacity that shall be used by the parties to framework agreements. That proportion shall be appropriate taking into account the capacity used on the line. The regulatory body may request the modification of the proportion if this is not the case.
   Where the party to the agreement does not intend to use that proportion of framework capacity during a period of more than one month, it shall without delay and at least one month in advance inform the infrastructure manager thereof.
   Where the party to the agreement does not use all or part of the framework capacity for a period of more than one month and has not informed the infrastructure manager of its intention not to use it at least one month in advance, the infrastructure manager shall reduce the capacity allocated to this party for the current timetable period, unless such failure to use the capacity is due to reasons beyond its control. The infrastructure manager may reduce the framework capacity allocated to this party for the time after the current timetable period.
   The infrastructure manager shall offer to an applicant the framework capacity notwithstanding a possible right of the party to the agreement to request that capacity in accordance with the provisions on ad-hoc-requests referred to in Article 48(1) of Directive 2012/34/EU.
   4.   When offering new framework capacity to an applicant, the infrastructure manager shall consider any failure to use framework capacity or to request train paths on the basis of a framework agreement and the reasons for it.
   Article 12
   Cooperation in the allocation of framework capacity on more than one network
   1.   The infrastructure managers concerned with a service crossing more than one network of the rail system within the Union shall ensure as far as possible that:

               (a)

               if one or more framework agreements have been concluded for such a train service, the time frames requested match those agreed under the framework agreement or requested under it and the anticipated available capacity under each framework agreement matches with one another;

               (b)

               during the scheduling of the train paths, the train paths match with one another.

         When a framework agreement is requested or is in operation for a train service crossing more than one network, upon request of the applicant, the infrastructure managers concerned shall designate one of the infrastructure managers concerned with a view to coordinating the requests for framework agreements or requests to modify framework agreements.
   2.   If it is not possible to match the time frames and train paths, the infrastructure managers concerned shall coordinate to provide an appropriate alternative or justify in writing where no appropriate alternative can be provided. The applicant shall inform the infrastructure managers that received the request about any possible or actual request for another framework agreement concerning the same train service.
   During the coordination, the infrastructure managers shall take into account capacity restrictions such as those resulting from maintenance works, as soon as they are known.
   3.   For the purpose of implementing this Regulation, the infrastructure managers concerned shall cooperate in accordance with Article 40 of Directive 2012/34/EU, including when one or more of them do not propose framework agreements and when they associate for the purpose of capacity allocation.
   Article 13
   Penalties
   1.   If one party requests penalties to be foreseen in the framework agreement in accordance with Article 42(4) of Directive 2012/34/EU, it shall not reject comparable penalties requested by the other party.
   2.   The framework agreement shall not set penalties at a level exceeding the costs, direct losses and expenses (including loss of revenue) reasonably incurred or which can reasonably be expected to be incurred by the party indemnified as a consequence of the modification or termination of the agreement. The party indemnified shall take reasonable steps to prevent or reduce the modification of the agreement, or to prevent its termination or to reduce its impact, and to recover any costs, losses and expenses or to otherwise mitigate the costs, direct losses and expenses (including loss of revenue).
   3.   The infrastructure manager shall not request the payment of penalties in excess of the administrative costs for modifying or terminating the framework agreement in any of the following cases:

               (a)

               the cause for the modification or termination of the agreement was outside the applicant's control and the infrastructure manager had been informed thereof without delay;

               (b)

               the applicant had a complementary request for framework capacity rejected without which the envisaged train service was not viable;

               (c)

               the infrastructure manager could reallocate train paths and framework capacity in a way that the losses incurred by the modification or the termination of the framework agreement have already been recovered.

         4.   The framework agreement shall not contain a provision waiving a penalty in the case where the applicant requests separately other capacity than the cancelled capacity. Penalties shall not be requested if a modification involves only a marginal change in the agreed capacity.
   5.   Upon the request of the regulatory body, the infrastructure manager shall provide evidence that penalty payments have been made on time.
   Article 14
   Derogation
   If an infrastructure manager does not propose framework agreements and does not have such agreements in operation, Articles 1 to 11 and Article 13 shall not apply to its network. A statement to this effect shall be published in the network statement.
   Member States may decide not to apply Articles 1 to 11 to framework agreements concluded before 15 March 2003.
   Article 15
   Non-application of certain provisions
   For framework agreements concluded before 28 April 2016, Member States may decide not to apply Articles 6(2), 7, 8, 9, 10, 11 or 13 for a maximum period of five years from the date of entry into force of this Regulation.
   By derogation from paragraph 1, Member States shall not have the option referred to in the first sentence for amendments to framework agreements, which are agreed after 28 April 2016 and which would involve a increase of the allocated framework capacity or an extension of the duration of the framework agreement.
   Article 16
   This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.
   It shall apply from 1 December 2016.

      This Regulation shall be binding in its entirety and directly applicable in all Member States.
      Done at Brussels, 7 April 2016.

            For the Commission

            The President

         Jean-Claude JUNCKER

      (1)  OJ L 343, 14.12.2012, p. 32.

      (2)  Regulation (EU) No 913/2010 of the European Parliament and of the Council of 22 September 2010 concerning a European rail network for competitive freight (OJ L 276, 20.10.2010, p. 22.)

      (3)  Directive 2001/14/EC of the European Parliament and of the Council of 26 February 2001 on the allocation of railway infrastructure capacity and the levying of charges for the use of railway infrastructure and safety certification (OJ L 75, 15.3.2001, p. 29).


title: Commission Implementing Regulation (EU) 2017/844 of 17 May 2017 establishing the standard import values for determining the entry price of certain fruit and vegetables

text:
               18.5.2017

               EN

               Official Journal of the European Union

               L 125/25

         COMMISSION IMPLEMENTING REGULATION (EU) 2017/844
   of 17 May 2017
   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, 17 May 2017.

            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

                  MA

                  109,8

                  TN

                  158,2

                  TR

                  94,0

                  ZZ

                  120,7

                  0707 00 05

                  TR

                  126,8

                  ZZ

                  126,8

                  0709 93 10

                  TR

                  131,8

                  ZZ

                  131,8

                  0805 10 22 , 0805 10 24 , 0805 10 28

                  EG

                  55,2

                  MA

                  59,8

                  TR

                  41,8

                  ZA

                  88,5

                  ZZ

                  61,3

                  0805 50 10

                  AR

                  123,2

                  TR

                  65,0

                  ZA

                  144,7

                  ZZ

                  111,0

                  0808 10 80

                  AR

                  95,5

                  BR

                  108,5

                  CL

                  123,4

                  CN

                  130,6

                  NZ

                  136,2

                  US

                  107,1

                  ZA

                  99,3

                  ZZ

                  114,4

         (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) 2017/244 of 10 February 2017 concerning the non-renewal of approval of the active substance linuron, in accordance with Regulation (EC) No 1107/2009 of the European Parliament and of the Council concerning the placing of plant protection products on the market, and amending the Annex to Commission Implementing Regulation (EU) No 540/2011 (Text with EEA relevance. )

text:
               11.2.2017

               EN

               Official Journal of the European Union

               L 36/54

         COMMISSION IMPLEMENTING REGULATION (EU) 2017/244
   of 10 February 2017
   concerning the non-renewal of approval of the active substance linuron, in accordance with Regulation (EC) No 1107/2009 of the European Parliament and of the Council concerning the placing of plant protection products on the market, and amending the Annex to Commission Implementing Regulation (EU) No 540/2011
   (Text with EEA relevance)
   THE EUROPEAN COMMISSION,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to Regulation (EC) No 1107/2009 of the European Parliament and of the Council of 21 October 2009 concerning the placing of plant protection products on the market and repealing Council Directives 79/117/EEC and 91/414/EEC (1), and in particular Article 20(1) and Article 78(2) thereof,
   Whereas:

               (1)

               Commission Directive 2003/31/EC (2) included linuron as active substance in Annex I to Council Directive 91/414/EEC (3).

               (2)

               Active substances included in Annex I to Directive 91/414/EEC are deemed to have been approved under Regulation (EC) No 1107/2009 and are listed in Part A of the Annex to Commission Implementing Regulation (EU) No 540/2011 (4).

               (3)

               The approval of the active substance linuron, as set out in Part A of the Annex to Implementing Regulation (EU) No 540/2011, expires on 31 July 2017.

               (4)

               An application for the renewal of the approval of linuron was submitted in accordance with Article 1 of Commission Implementing Regulation (EU) No 844/2012 (5) within the time period provided for in that Article.

               (5)

               The applicant submitted the supplementary dossiers required in accordance with Article 6 of Implementing Regulation (EU) No 844/2012. The application was found to be complete by the rapporteur Member State.

               (6)

               The rapporteur Member State prepared a renewal assessment report in consultation with the co-rapporteur Member State and submitted it to the European Food Safety Authority (hereinafter ‘the Authority’) and the Commission on 15 April 2015.

               (7)

               The Authority communicated the renewal assessment report to the applicant and to the Member States for comments and forwarded the comments received to the Commission. The Authority also made the supplementary summary dossier available to the public.

               (8)

               On 8 June 2016 (6) the Authority communicated to the Commission its conclusion on whether linuron can be expected to meet the approval criteria provided for in Article 4 of Regulation (EC) No 1107/2009. Specific concerns were identified, in particular, child resident exposure is above the toxicological reference value (‘AOEL’) and operator exposure considering handheld sprayer application is also in exceedance of the AOEL even when personal protective equipment is used. Furthermore, a high risk to birds and wild mammals, non-target arthropods and non-target soil macro-organisms was identified. The consumer risk assessment could not be finalised due to a number of serious deficiencies in the data package. In addition, the exposure and risk assessment for several environmental compartments including groundwater could also not be finalised.

               (9)

               Linuron is classified as toxic for reproduction category 1B in accordance with Regulation (EC) No 1272/2008 of the European Parliament and of the Council (7). Child resident exposure is above the AOEL for the proposed uses. To demonstrate negligible exposure of humans to the substance under realistic proposed conditions of use, exposure cannot be above the AOEL, therefore use of linuron under realistic proposed conditions of use so that exposure of humans to the substance is negligible, is excluded. In addition, a further requirement to demonstrate negligible exposure is that residues of the active substance shall not exceed the default value set in accordance with point (b) of Article 18(1) of Regulation (EC) No 396/2005 of the European Parliament and of the Council (8). A Maximum Residue Level could not be derived from the available data for the proposed use of linuron, however, the available residue trial data for the proposed use indicate that residues of linuron above the default value would be expected and therefore this condition is not fulfilled. Based on these considerations, the requirements set out in Point 3.6.4 of Annex II to Regulation (EC) No 1107/2009 are not fulfilled.

               (10)

               Furthermore, in addition to the classification of linuron as toxic for reproduction category 1B, linuron is also classified as carcinogenic category 2 in accordance with Regulation (EC) No 1272/2008 and therefore shall be considered to have endocrine disrupting properties in accordance with the third paragraph of Point 3.6.5 of Annex II to Regulation (EC) No 1107/2009. In addition, the available scientific evidence shows that linuron has endocrine disrupting properties that may cause adverse effects on endocrine organs in humans and non-target organisms. Negligible exposure of humans to linuron under realistic conditions of use is excluded for the reasons detailed in recital 9. Based on these considerations, the requirements set out in the first paragraph of Point 3.6.5 of Annex II to Regulation (EC) No 1107/2009 are not fulfilled.

               (11)

               The Commission invited the applicant to submit its comments on the conclusion of the Authority. Furthermore, in accordance with third paragraph of Article 14(1) of Implementing Regulation (EU) No 844/2012, the Commission invited the applicant to submit comments on the renewal report. The applicant submitted its comments, which have been carefully examined.

               (12)

               However, despite the arguments put forward by the applicant, the concerns related to the substance could not be eliminated.

               (13)

               Consequently, it has not been established with respect to one or more representative uses of at least one plant protection product that the approval criteria provided for in Article 4 are satisfied. The approval of the active substance linuron should therefore not be renewed.

               (14)

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

               (15)

               Member States should be provided with time to withdraw authorisations for plant protection products containing linuron.

               (16)

               For plant protection products containing linuron, where Member States grant any grace period in accordance with Article 46 of Regulation (EC) No 1107/2009, that period should, at the latest, expire on 3 June 2018.

               (17)

               Commission Implementing Regulation (EU) 2016/950 (9) extended the expiry date of linuron to 31 July 2017 in order to allow the renewal process to be completed before the expiry of the approval of that substance. Given that a decision is taken ahead of this extended expiry date, this Regulation should apply as soon as possible.

               (18)

               This Regulation does not prejudice the submission of a further application for the approval of linuron in accordance with Article 7 of Regulation (EC) No 1107/2009.

               (19)

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

         HAS ADOPTED THIS REGULATION:
   Article 1
   Non-renewal of approval of active substance
   The approval of the active substance linuron is not renewed.
   Article 2
   Transitional measures
   Member States shall withdraw authorisations for plant protection products containing linuron as active substance by 3 June 2017 at the latest.
   Article 3
   Grace Period
   Any grace period granted by Member States in accordance with Article 46 of Regulation (EC) No 1107/2009 shall be as short as possible and shall expire by 3 June 2018 at the latest.
   Article 4
   Amendment to Implementing Regulation (EU) No 540/2011
   In Part A of the Annex to Implementing Regulation (EU) No 540/2011, row 51, on linuron, is deleted.
   Article 5
   Entry into force
   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, 10 February 2017.

            For the Commission

            The President

         Jean-Claude JUNCKER

      (1)  OJ L 309, 24.11.2009, p. 1.

      (2)  Commission Directive 2003/31/EC of 11 April 2003 amending Council Directive 91/414/EEC to include 2,4-DB, beta-cyfluthrin, cyfluthrin, iprodione, linuron, maleic hydrazide and pendimethalin as active substances (OJ L 101, 23.4.2003, p. 3).

      (3)  Council Directive 91/414/EEC of 15 July 1991 concerning the placing of plant protection products on the market (OJ L 230, 19.8.1991, p. 1).

      (4)  Commission Implementing Regulation (EU) No 540/2011 of 25 May 2011 implementing Regulation (EC) No 1107/2009 of the European Parliament and of the Council as regards the list of approved active substances (OJ L 153, 11.6.2011, p. 1).

      (5)  Commission Implementing Regulation (EU) No 844/2012 of 18 September 2012 setting out the provisions necessary for the implementation of the renewal procedure for active substances, as provided for in Regulation (EC) No 1107/2009 of the European Parliament and of the Council concerning the placing of plant protection products on the market (OJ L 252, 19.9.2012, p. 26).

      (6)  EFSA (European Food Safety Authority), 2016. Conclusion on the peer review of the pesticide risk assessment of the active substance linuron. EFSA Journal 2016;14(2):4406, 173 pp. doi:10.2903/j.efsa.2016.4406.

      (7)  Regulation (EC) No 1272/2008 of the European Parliament and of the Council of 16 December 2008 on classification, labelling and packaging of substances and mixtures, amending and repealing Directives 67/548/EEC and 1999/45/EC, and amending Regulation (EC) No 1907/2006 (OJ L 353, 31.12.2008, p. 1).

      (8)  Regulation (EC) No 396/2005 of the European Parliament and of the Council of 23 February 2005 on maximum residue levels of pesticides in or on food and feed of plant and animal origin and amending Council Directive 91/414/EEC (OJ L 70, 16.3.2005, p. 1).

      (9)  Commission Implementing Regulation (EU) 2016/950 of 15 June 2016 amending Implementing Regulation (EU) No 540/2011 as regards the extension of the approval periods of the active substances 2,4-DB, beta-cyfluthrin, carfentrazone ethyl, Coniothyrium minitans Strain CON/M/91-08 (DSM 9660), cyazofamid, deltamethrin, dimethenamid-P, ethofumesate, fenamidone, flufenacet, flurtamone, foramsulfuron, fosthiazate, imazamox, iodosulfuron, iprodione, isoxaflutole, linuron, maleic hydrazide, mesotrione, oxasulfuron, pendimethalin, picoxystrobin, silthiofam and trifloxystrobin (OJ L 159, 16.6.2016, p. 3).


title: Commission Implementing Regulation (EU) 2017/1530 of 7 September 2017 amending Implementing Regulation (EU) No 540/2011 as regards the extension of the approval period of the active substance quizalofop-p-tefuryl (Text with EEA relevance. )

text:
               8.9.2017

               EN

               Official Journal of the European Union

               L 232/4

         COMMISSION IMPLEMENTING REGULATION (EU) 2017/1530
   of 7 September 2017
   amending Implementing Regulation (EU) No 540/2011 as regards the extension of the approval period of the active substance quizalofop-p-tefuryl
   (Text with EEA relevance)
   THE EUROPEAN COMMISSION,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to Regulation (EC) No 1107/2009 of the European Parliament and of the Council of 21 October 2009 concerning the placing of plant protection products on the market and repealing Council Directives 79/117/EEC and 91/414/EEC (1), and in particular the first paragraph of Article 17 thereof,
   Whereas:

               (1)

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

               (2)

               In view of the time and resources necessary for completing the assessment of applications for the renewal of approvals of the large number of active substances the approvals of which are expiring between 2019 and 2021, Commission Implementing Decision C/2016/6104 (3) established a work programme grouping together similar active substances and setting priorities on the basis of safety concerns for human and animal health or the environment as provided for in Article 18 of Regulation (EC) No 1107/2009.

               (3)

               Active substances propaquizafop, quizalofop-p-ethyl and quizalofop-p-tefuryl have approvals which were originally expiring between 2019 and 2021. Considering that the three substances are ester variants of quizalofop, they share similar properties. Taking into account Implementing Decision C/2016/6104, the hazard properties of quizalofop-p-tefuryl (4) and the fact that the three substances have important similarities, it is appropriate to group them together in order to align the timing of their assessment and the peer-review process carried out by the European Food Safety Authority. Consequently, the dossiers for the three substances should be submitted to their respective rapporteur Member States within the same time frame.

               (4)

               The approvals of propaquizafop and quizalofop-p-ethyl expire on 30 November 2021. In order to align the timing of the assessment of the substance quizalofop-p-tefuryl with the assessment of the other two substances the approval period of the substance quizalofop-p-tefuryl should be extended.

               (5)

               An application for the renewal of the approval of quizalofop-p-tefuryl was submitted in accordance with Commission Implementing Regulation (EU) No 844/2012 (5).

               (6)

               In view of the aim of the first paragraph of Article 17 of Regulation (EC) No 1107/2009, as regards cases where no supplementary dossier in accordance with Implementing Regulation (EU) No 844/2012 is submitted no later than 30 months before the expiry date laid down in Article 1 of this Regulation, the Commission will set the expiry date at the same date as before this Regulation or at the earliest date thereafter.

               (7)

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

               (8)

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

               (9)

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

         HAS ADOPTED THIS REGULATION:
   Article 1
   In the sixth column, ‘expiration of approval’, of entry 279, in Part A of the Annex to Implementing Regulation (EU) No 540/2011, the date ‘30 November 2019’ relating to Quizalofop-P-tefuryl, is replaced by the date ‘30 November 2021’.
   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, 7 September 2017.

            For the Commission

            The President

         Jean-Claude JUNCKER

      (1)  OJ L 309, 24.11.2009, p. 1.

      (2)  OJ L 153, 11.6.2011, p. 1.

      (3)  Commission Implementing Decision of 28 September 2016 on the establishment of a work programme for the assessment of applications for the renewal of approvals of active substances expiring in 2019, 2020 and 2021 in accordance with Regulation (EC) No 1107/2009 of the European Parliament and of the Council (OJ C 357, 29.9.2016, p. 9).

      (4)  European Chemicals Agency Committee for Risk Assessment (RAC) Opinion proposing harmonised classification and labelling at EU level of Quizalofop-P-tefuryl. Adopted 3 June 2016.

      (5)  Commission Implementing Regulation (EU) No 844/2012 of 18 September 2012 setting out the provisions necessary for the implementation of the renewal procedure for active substances, as provided for in Regulation (EC) No 1107/2009 of the European Parliament and of the Council concerning the placing of plant protection products on the market (OJ L 252, 19.9.2012, p. 26).