title: Commission Implementing Regulation (EU) No 392/2013 of 29 April 2013 amending Regulation (EC) No 889/2008 as regards the control system for organic production

text:
               30.4.2013

               EN

               Official Journal of the European Union

               L 118/5

         COMMISSION IMPLEMENTING REGULATION (EU) No 392/2013
   of 29 April 2013
   amending Regulation (EC) No 889/2008 as regards the control system for organic production
   THE EUROPEAN COMMISSION,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to Council Regulation (EC) No 834/2007 of 28 June 2007 on organic production and labelling of organic products and repealing Regulation (EEC) No 2092/91 (1), and in particular Article 33(2) and (3) and Article 38(c) and (d) thereof,
   Whereas:

               (1)

               According to Article 28(1) of Regulation (EC) No 834/2007, operators who produce, prepare, store, place on the market, import or export products produced in compliance with the production rules laid down in that Regulation must submit their undertaking to the control system referred to in Article 27 of that Regulation. Detailed rules for the application of that control system are laid down in Title IV of Commission Regulation (EC) No 889/2008 of 5 September 2008 laying down detailed rules for the implementation of Council Regulation (EC) No 834/2007 on organic production and labelling of organic products with regard to organic production, labelling and control (2).

               (2)

               Under that control system the operators must notify their undertaking to the competent authority, including information on the relevant control body, and sign a declaration that they perform according to the organic rules, including the acceptance of enforcement of measures in case of infringements and irregularities.

               (3)

               Article 30(2) of Regulation (EC) No 834/2007 provides for the communication of information related to irregularities or infringements affecting the organic status of a product. To enhance efficiency, operators should inform their control authorities or control bodies of any irregularity or infringement affecting the organic status of their product including organic products they receive from other operators.

               (4)

               In the light of the experience gained with the implementation of the control system and in the interest of the organic sector, it is appropriate to establish a minimum number of samples to be taken and analysed by control authorities or control bodies every year on the basis of the general evaluation of the risk of non-compliance with the organic production rules. Where the control authorities or control bodies has suspicion that products not authorised for organic production are used, they should take and analyse samples of the products concerned. In such cases no minimum number of samples should apply. Samples may also be taken and analysed by control authorities or control bodies in any other case for detecting non-compliance with the Union organic requirements.

               (5)

               In the light of the experience gained with the implementation of the control system and in the interest of the organic sector, it is appropriate to provide for the transmission of the relevant information in cases where the operator or the subcontractors of that operator are checked by different control authorities or control bodies or where operators or their subcontractors change their control authority or control body. Adequate exchange of information and transmission of the control files of those operators should be possible in order to manage the control system, while observing the requirements of the protection of personal data as laid down in Directive 95/46/EC of the European Parliament and of the Council of 24 October 1995 on the protection of individuals with regard to the processing of personal data and on the free movement of such data (3). Operators should accept the transmission and exchange of their data and all information relating to their activities under the control system.

               (6)

               In order to ensure the uniform application of the control system and to avoid ambiguities, a definition of the term ‘control file’ should be included in Regulation (EC) No 889/2008.

               (7)

               Electronic certification is referred to in Article 29(3) of Regulation (EC) No 834/2007 in relation to the form of the documentary evidence. It is appropriate to clarify that in case of electronic certification, the signature of the documentary evidence is not required if the authenticity of the documentary evidence is otherwise shown by a tamper-proof electronic method.

               (8)

               The experience has shown that clarification is needed as regards the exchange of information between Member States in cases where a Member State finds irregularities or infringements concerning compliance of the products imported in accordance with Article 33(2) and (3) of Regulation (EC) No 834/2007 or Article 19 of Commission Regulation (EC) No 1235/2008 of 8 December 2008 laying down detailed rules for implementation of Council Regulation (EC) No 834/2007 as regards the arrangements for imports of organic products from third countries (4).

               (9)

               In addition, it is appropriate to clarify the procedure relating to the exchange of information between Member States in cases of irregularities or infringements, taking into account the best practices established since 2009.

               (10)

               In order to ensure the coherence with Article 33(1) of Commission Regulation (EU) No 65/2011 of 27 January 2011 laying down detailed rules for the implementation of Council Regulation (EC) No 1698/2005, as regards the implementation of control procedures as well as cross-compliance in respect of rural development support measures (5), it is important to clarify that Member States should ensure that sufficient information on the controls carried out is received by the paying agency where controls are not carried out by the paying agency.

               (11)

               In accordance with Article 44(1)(a) of Regulation (EC) No 882/2004 of the European Parliament and of the Council (6) Member States are required to indicate in their annual report any amendment to their multi-annual national control plan to take account of, inter alia, new legislation. The Commission should have the necessary data and information on the supervision carried out by competent authorities of the Member States in relation to organic production. Therefore, Member States should be required to amend their national control plan in order to cover that supervision and to indicate those amendments and the relevant organic data in the annual report referred to in Article 44 of Regulation (EC) No 882/2004. Member States should be allowed to present those organic data as a separate chapter in the national control plan and in the annual report.

               (12)

               In addition to obligations relating to controls set out in Regulation (EC) No 882/2004, Title V of Regulation (EC) No 834/2007 and Regulation (EC) No 889/2008 set out more specific provisions on the controls in the organic sector. In case the competent authority delegates control tasks to control bodies, which are private entities, Regulation (EC) No 834/2007 sets out more detailed requirements and obligations each control body has to fulfil.

               (13)

               The experience has shown that the specific provisions on controls of organic production need to be more detailed, particularly in order to strengthen the supervision of competent authorities over the control bodies that have been delegated control tasks. Those provisions should be included in the control system of the Member States set up in accordance with Article 27 of Regulation (EC) No 834/2007 as uniform minimum requirements.

               (14)

               Competent authorities of the Member States should have documented procedures for delegating tasks to control bodies and supervising them in order to ensure that the regulatory requirements are respected.

               (15)

               The exchange of information within Member States, among Member States, and between Member States and the Commission relating to the supervision carried out by competent authorities should be improved and uniform minimum requirements should be adopted.

               (16)

               Regulation (EC) No 889/2008 should therefore be amended accordingly.

               (17)

               For the efficiency of the control arrangements, the additional elements, as added by this Regulation, which are to be covered by the undertaking included in the declaration to be signed by the operator as referred to in Article 63(2) of Regulation (EC) No 889/2008, should also apply to operators who signed that declaration before the date of application of this Regulation.

               (18)

               In order to ensure the smooth transition from the current control system to the amended system, this Regulation should apply from 1 January 2014.

               (19)

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

         HAS ADOPTED THIS REGULATION:
   Article 1
   Amendment of Regulation (EC) No 889/2008
   Regulation (EC) No 889/2008 is amended as follows:

               (1)

               in Article 2, the following point (s) is added:

                           ‘(s)

                           “control file” means all the information and documents transmitted, for the purposes of the control system, to the competent authorities of the Member State or to control authorities and control bodies by an operator subject to the control system as referred to in Article 28 of Regulation (EC) No 834/2007, including all the relevant information and documents relating to that operator or the activities of that operator held by competent authorities, control authorities and control bodies, with the exception of information or documents that have no bearing on the operation of the control system.’;

               (2)

               in the first subparagraph of Article 63(2), the following points (d) to (h) are added:

                           ‘(d)

                           to accept, in cases where the operator and/or the subcontractors of that operator are checked by different control authorities or control bodies in accordance with the control system set up by Member State concerned, the exchange of information between those authorities or bodies;

                           (e)

                           to accept, in cases where the operator and/or the subcontractors of that operator change their control authority or control body, the transmission of their control files to the subsequent control authority or control body;

                           (f)

                           to accept, in cases where the operator withdraws from the control system, to inform without delay the relevant competent authority and control authority or control body;

                           (g)

                           to accept, in cases where the operator withdraws from the control system, that the control file is kept for a period of at least five years;

                           (h)

                           to accept to inform the relevant control authority or authorities or control body or bodies without delay of any irregularity or infringement affecting the organic status of their product or organic products received from other operators or subcontractors.’;

               (3)

               in Article 65, paragraph 2 is replaced by the following:
               ‘2.   The control authority or control body shall take and analyse samples for detecting of products not authorised for organic production, for checking production techniques not in conformity with the organic production rules or for detecting possible contamination by products not authorised for organic production. The number of samples to be taken and analysed by the control authority or control body every year shall correspond to at least 5 % of the number of operators under its control. The selection of the operators where samples have to be taken shall be based on the general evaluation of the risk of non-compliance with the organic production rules. This general evaluation shall take into account all stages of production, preparation and distribution.
               The control authority or control body shall take and analyse samples in each case where the use of products or techniques not authorised for organic production is suspected. In such cases no minimum number of samples to be taken and analysed shall apply.
               Samples may also be taken and analysed by the control authority or control body in any other case for detecting of products not authorised for organic production, for checking production techniques not in conformity with the organic production rules or for detecting possible contamination by products not authorised for organic production.’;

               (4)

               in Article 68(1), the following subparagraph is added:
               ‘In case of electronic certification as referred to in Article 29(3) of Regulation (EC) No 834/2007, the signature in box 8 of the documentary evidence shall not be required if the authenticity of the documentary evidence is otherwise shown by a tamper-proof electronic method.’;

               (5)

               Articles 92 and 92a are replaced by the following:
               ‘Article 92
               Exchange of information between control authorities, control bodies and competent authorities
               1.   Where the operator and/or the subcontractors of that operator are checked by different control authorities or control bodies, the control authorities or control bodies shall exchange the relevant information on the operations under their control.
               2.   Where operators and/or their subcontractors change their control authority or control body, the change shall be notified without delay to the competent authority by the control authorities or control bodies concerned.
               The previous control authority or control body shall hand over the relevant elements of the control file of the operator concerned and the reports referred to in the second subparagraph of Article 63(2) to the subsequent control authority or control body.
               The new control authority or control body shall ensure that non-conformities noted in the report of the previous control authority or control body have been or are being addressed by the operator.
               3.   Where the operator withdraws from the control system, the control authority or control body of that operator shall, without delay, inform the competent authority.
               4.   Where a control authority or control body finds irregularities or infringements affecting the organic status of products, it shall without delay inform the competent authority of the Member State which designated or approved it in accordance with Article 27 of Regulation (EC) No 834/2007.
               That competent authority may require, on its own initiative, also any other information on irregularities or infringements.
               In case of irregularities or infringements found with regard to products under the control of other control authorities or control bodies, it shall also inform those authorities or bodies without delay.
               5.   Member States shall take the appropriate measures and establish documented procedures to enable exchange of information between all control authorities they have designated and/or all control bodies they have approved in accordance with Article 27 of Regulation (EC) No 834/2007, including procedures for the exchange of information for the purpose of verifying documentary evidence referred to in Article 29(1) of that Regulation.
               6.   Member States shall take the appropriate measures and establish documented procedures in order to ensure that information on the results of inspections and visits as referred to in Article 65 of this Regulation is communicated to the paying agency in accordance with the needs of that paying agency as provided for in Article 33(1) of Commission Regulation (EU) No 65/2011 (7).
               Article 92a
               Exchange of information between different Member States and the Commission
               1.   Where a Member State finds irregularities or infringements relating to the application of this Regulation with regard to a product coming from another Member State and bearing indications as referred to in Title IV of Regulation (EC) No 834/2007 and in Title III and/or Annex XI to this Regulation, it shall notify the Member State which designated the control authority or approved the control body, the other Member States and the Commission without delay via the system referred to in Article 94(1) of this Regulation.
               2.   Where a Member State finds irregularities or infringements as regards compliance of the products imported in accordance with Article 33(2) or (3) of Regulation (EC) No 834/2007 with the requirements laid down in that Regulation or Regulation (EC) No 1235/2008, it shall notify the other Member States and the Commission without delay via the system referred to in Article 94(1) of this Regulation.
               3.   Where a Member State finds irregularities or infringements as regards compliance of the products imported in accordance with Article 19 of Regulation (EC) No 1235/2008 with the requirements laid down in that Regulation and Regulation (EC) No 834/2007, it shall notify the Member State which issued the authorisation, the other Member States and the Commission without delay via the system referred to in Article 94(1) of this Regulation. The notification shall be sent to the other Member States and to the Commission in case the irregularity or infringement is found with regard to products for which the Member State itself issued the authorisation referred to in Article 19 of Regulation (EC) No 1235/2008.
               4.   The Member State which receives a notification relating to non-compliant products in accordance with paragraph 1 or 3 or the Member State which issued the authorisation referred to in Article 19 of Regulation (EC) No 1235/2008 for a product for which an irregularity or infringement was found, shall investigate the origin of the irregularities or infringements. It shall take appropriate action immediately.
               It shall inform the Member State which sent the notification, the other Member States and the Commission of the result of the investigation and of the action taken by replying to the original notification via the system referred to in Article 94(1). The reply shall be sent within 30 calendar days from the date of the original notification.
               5.   The Member State which sent the original notification may ask the replying Member State for additional information, if needed. In any case, after receiving a reply or additional information from a notified Member State, the Member State which sent the original notification shall make the necessary entries and updates in the system referred to in Article 94(1).
               Article 92b
               Publication of information
               Member States shall make available to the public, in an appropriate manner including publication on the internet, the updated lists referred to in Article 28(5) of Regulation (EC) No 834/2007 containing updated documentary evidence related to each operator, as provided for in Article 29(1) of that Regulation and using the model set out in Annex XII to this Regulation. The Member States shall duly observe the requirements of the protection of personal data as laid down in Directive 95/46/EC of the European Parliament and of the Council (8).

               (6)

               in Title IV, the following Chapter 9 is added:
               ‘CHAPTER 9

                     Supervision by competent authorities

               Article 92c
               Supervisory activities relating to control bodies
               1.   The supervisory activities by competent authorities delegating control tasks to control bodies in accordance with Article 27(4)(b) of Regulation (EC) No 834/2007 shall focus on the evaluation of the operational performance of those control bodies, taking into account the results of the work of the national accreditation body as referred to in Article 2(11) of Regulation (EC) No 765/2008 of the European Parliament and of the Council (9).
               Those supervisory activities shall include an assessment of the internal procedures of the control bodies for the controls, the management and examination of control files in the light of the obligations established by Regulation (EC) No 834/2007 and the verification of handling of non-conformities and the handling of appeals and complaints.
               2.   The competent authorities shall require control bodies to submit documentation on their risk analysis procedure.
               The risk analysis procedure shall be designed in such a way that:

                           (a)

                           the result of the risk analysis provides the basis for determining the intensity of the unannounced or announced annual inspections and visits;

                           (b)

                           additional random control visits carried out in accordance with Article 65(4) of at least 10 % of operators under contract in accordance with the risk category are performed;

                           (c)

                           at least 10 % of all inspections and visits carried out in accordance with Article 65(1) and (4) are unannounced;

                           (d)

                           the selection of operators to be submitted to unannounced inspections and visits is determined on the basis of the risk analysis and that these are planned according to the level of risk.

                     3.   Competent authorities delegating control tasks to control bodies shall verify that the staff of the control bodies has sufficient knowledge, including knowledge of the risk elements affecting the organic status of products, qualifications, training and experience with respect to organic production in general and with the relevant Union rules in particular and that appropriate rules on rotation of inspectors are in force.
               4.   Competent authorities shall have documented procedures for the delegation of tasks to control bodies in accordance with Article 27(5) of Regulation (EC) No 834/2007 and for the supervision in accordance with this Article, detailing the information to be submitted by control bodies.
               Article 92d
               Catalogue of measures in case of irregularities and infringements
               Competent authorities shall adopt and communicate to control bodies that have been delegated control tasks, a catalogue at least listing infringements and irregularities affecting the organic status of products and corresponding measures to be applied by control bodies in case of infringements or irregularities by operators under their control who are involved in organic production.
               Competent authorities may include other relevant information in the catalogue on their own initiative.
               Article 92e
               Annual inspection of control bodies
               Competent authorities shall organise an annual inspection of the control bodies that have been delegated control tasks in accordance with Article 27(4)(b) of Regulation (EC) No 834/2007. For the purposes of the annual inspection, the competent authority shall take into account the results of the work of the national accreditation body as referred to in Article 2(11) of Regulation (EC) No 765/2008. During the annual inspection, the competent authority shall, in particular, verify:

                           (a)

                           the compliance with the control body’s standard control procedure as submitted by the control body to the competent authority in accordance with Article 27(6)(a) of Regulation (EC) No 834/2007;

                           (b)

                           that the control body has a sufficient number of suitable qualified and experienced staff in accordance with Article 27(5)(b) of Regulation (EC) No 834/2007 and that training concerning risks affecting the organic status of products has been implemented;

                           (c)

                           that the control body has and follows documented procedures and templates for:

                                       (i)

                                       the annual risk analysis in accordance with Article 27(3) of Regulation (EC) No 834/2007;

                                       (ii)

                                       preparing a risk-based sampling strategy, conducting sampling and laboratory analysis;

                                       (iii)

                                       information exchange with other control bodies and with the competent authority;

                                       (iv)

                                       initial and follow-up controls of operators under their control;

                                       (v)

                                       the application and follow-up to the catalogue of measures to be applied in case of infringements or irregularities;

                                       (vi)

                                       observing the requirements of the protection of personal data for the operators under its control as laid down by the Member States where that competent authority operates and in accordance with Directive 95/46/EC.

                     Article 92f
               Organic data in the multi-annual national control plan and annual report
               Member States shall ensure that their multi-annual national control plans referred to in Article 41 of Regulation (EC) No 882/2004 cover the supervision of controls performed on the organic production in accordance with this Regulation and to include the specific data on that supervision, hereinafter referred to as “the organic data”, in the annual report referred to in Article 44 of Regulation (EC) No 882/2004. The organic data shall cover the topics listed in Annex XIIIb to this Regulation.
               The organic data shall be based on information on the controls performed by the control bodies and/or control authorities and on audits performed by the competent authority.
               The data shall be presented according to the templates provided for in Annex XIIIc to this Regulation as from 2015 for the year 2014.
               Member States may insert the organic data as an organic chapter of their national control plan and their annual report.

               (7)

               Annexes XIIIb and XIIIc, the text of which is set out in the Annex to this Regulation, are inserted.

         Article 2
   Transitional provision
   Points (d) to (h) of the first subparagraph of Article 63(2) of Regulation (EC) No 889/2008 as added by point (2) of Article 1 of this Regulation shall also apply to operators who signed the declaration referred to in Article 63(2) of Regulation (EC) No 889/2008 before the date of application of this Regulation.
   Article 3
   Entry into force and application
   This Regulation shall enter into force on the seventh day following that of its publication in the Official Journal of the European Union.
   It shall apply from 1 January 2014.

      This Regulation shall be binding in its entirety and directly applicable in all Member States.
      Done at Brussels, 29 April 2013.

            For the Commission

            The President

         José Manuel BARROSO

      (1)  OJ L 189, 20.7.2007, p. 1.

      (2)  OJ L 250, 18.9.2008, p. 1.

      (3)  OJ L 281, 23.11.1995, p. 31.

      (4)  OJ L 334, 12.12.2008, p. 25.

      (5)  OJ L 25, 28.1.2011, p. 8.

      (6)  OJ L 165, 30.4.2004, p. 1.

      (7)  OJ L 25, 28.1.2011, p. 8.

      (8)  OJ L 281, 23.11.1995, p. 31.’;

      (9)  OJ L 218, 13.8.2008, p. 30.’;

      ANNEX
      ‘
            ANNEX XIIIb

               Topics to be covered by the national competent authority in the organic data referred to in Article 92f

            1.   Information on the competent authority for the organic production

                        —

                        which body is the competent authority

                        —

                        resources available to the competent authority

                        —

                        description of audits performed by the competent authority (how, by whom)

                        —

                        documented procedure of the competent authority

                  2.   Description of the control system for organic production

                        —

                        system of control bodies and/or control authorities

                        —

                        registered operators covered by the control system — minimum annual inspection

                        —

                        how is the risk based approach applied

                  3.   Information on control bodies/authorities

                        —

                        list of control bodies/authorities

                        —

                        tasks delegated to the control bodies/conferred to control authorities

                        —

                        supervision of delegated control bodies (by whom and how)

                        —

                        coordination of activities in case of more than one control body/authority

                        —

                        training of staff performing the controls

                        —

                        announced/unannounced inspections and visits

            ANNEX XIIIc

               Templates for the organic data referred to under Article 92f

                        Report on official controls in the organic sector

                        Country:
                        Year:

                  1)   Information on controls of operators:

                        Code number of control body or control authority

                        Number of registered operators per control body or control authority

                        Number of registered operators

                        Number of annual inspections

                        Number of additional risk based visits

                        Total number of inspections/visits

                        Agricultural Producers (1)

                        Aquaculture animal production units

                        Processors (2)

                        Importers

                        Exporters

                        Other operators (3)

                        Agricultural Producers (1)

                        Aquaculture animal production units

                        Processors (2)

                        Importers

                        Exporters

                        Other operators (3)

                        Agricultural Producers (1)

                        Aquaculture animal production units

                        Processors (2)

                        Importers

                        Exporters

                        Other operators (3)

                        Agricultural Producers (1)

                        Aquaculture animal production units

                        Processors (2)

                        Importers

                        Exporters

                        Other operators (3)

                        MS-BIO-01

                        MS-BIO-02

                        MS-BIO-…

                        Total

                        Code number of control body or control authority or Name of Competent Authority

                        Number of registered operators

                        Number of samples analysed

                        Number of samples indicating breach of Regulations (EC) No 834/2007 and (EC) No 1235/2008

                        Agricultural Producers (4)

                        Aquaculture animal production units

                        Processors (5)

                        Importers

                        Exporters

                        Other operators (6)

                        Agricultural Producers (4)

                        Aquaculture animal production units

                        Processors (5)

                        Importers

                        Exporters

                        Other operators (6)

                        Agricultural Producers (4)

                        Aquaculture animal production units

                        Processors (5)

                        Importers

                        Exporters

                        Other operators (6)

                        MS-BIO-01

                        MS-BIO-02

                        MS-BIO-…

                        Total

                        Code number of control body or control authority

                        Number of registered operators

                        Number of irregularities or infringements found (10)

                        Number of measures applied on the lot or the production run (11)

                        Number of measures applied on the operator (12)

                        Agricultural Producers (7)

                        Aquaculture animal production units

                        Processors (8)

                        Importers

                        Exporters

                        Other operators (9)

                        Agricultural Producers (7)

                        Aquaculture animal production units

                        Processors (8)

                        Importers

                        Exporters

                        Other operators (9)

                        Agricultural Producers (7)

                        Aquaculture animal production units

                        Processors (8)

                        Importers

                        Exporters

                        Other operators (9)

                        Agricultural Producers (7)

                        Aquaculture animal production units

                        Processors (8)

                        Importers

                        Exporters

                        Other operators (9)

                        MS-BIO-01

                        MS-BIO-02

                        MS-BIO-…

                        Total

                  2)   Information on supervision and audits:

                        Code number of control body or control authority

                        Number of registered operators per control body or control authority

                        Number of registered operators

                        Document review and office audit (16)

                        (Number of operator files checked)

                        Number of review audits (17)

                        Number witness audits (18)

                        Agricultural Producers (13)

                        Aquaculture animal production units

                        Processors (14)

                        Importers

                        Exporters

                        Other operators (15)

                        Agricultural Producers (13)

                        Aquaculture animal production units

                        Processors (14)

                        Importers

                        Exporters

                        Other operators (15)

                        Agricultural Producers (13)

                        Aquaculture animal production units

                        Processors (14)

                        Importers

                        Exporters

                        Other operators (15)

                        Agricultural Producers (13)

                        Aquaculture animal production units

                        Processors (14)

                        Importers

                        Exporters

                        Other operators (15)

                        MS-BIO-01

                        MS-BIO-02

                        MS-BIO-…

                        Total

                  3)   Conclusions on the control system for the organic production:

                        Code number of control body or control authority

                        Withdrawal of the approval

                        Actions taken to ensure effective operation of the control system for the organic production (enforcement)

                        Yes/No

                        From
                        (date)

                        To
                        (date)

                        MS-BIO-01

                        MS-BIO-02

                        MS-BIO-…

                  Statement of overall performance of the control system for the organic production:
         ’

         (1)  Agricultural producers include agricultural producers only, producers that are also processors, producers that are also importers, other mixed producers not elsewhere classified (n.e.c.).

         (2)  Processors include processors only, processors that are also importers, other mixed processors n.e.c.

         (3)  Other operators include traders (wholesalers, retailers), other operators n.e.c.

         (4)  Agricultural producers include agricultural producers only, producers that are also processors, producers that are also importers, other mixed producers not elsewhere classified (n.e.c.).

         (5)  Processors include processors only, processors that are also importers, other mixed processors n.e.c.

         (6)  Other operators include traders (wholesalers, retailers), other operators n.e.c.

         (7)  Agricultural producers include agricultural producers only, producers that are also processors, producers that are also importers, other mixed producers not elsewhere classified (n.e.c.).

         (8)  Processors include processors only, processors that are also importers, other mixed processors n.e.c.

         (9)  Other operators include traders (wholesalers, retailers), other operators n.e.c.

         (10)  Only irregularities and infringements which affect the organic status of products and/or have resulted in a measure being applied are included.

         (11)  Where an irregularity is found as regards compliance with the requirements laid down in this Regulation, the control authority or control body shall ensure that no reference to the organic production method is made in the labelling and advertising of the entire lot or production run affected by this irregularity, where this would be proportionate to the relevance of the requirement that has been violated and to the nature and particular circumstances of the irregular activities (as referred to in first subparagraph of Article 30(1) of Regulation (EC) No 834/2007).

         (12)  Where a severe infringement or an infringement with prolonged effect is found, the control authority or control body shall prohibit the operator concerned from marketing products which refer to the organic production method in the labelling and advertising for a period to be agreed with the competent authority of the Member State (as referred to in second subparagraph of Article 30(1) of Regulation (EC) No 834/2007).

         (13)  Agricultural producers include agricultural producers only, producers that are also processors, producers that are also importers, other mixed producers not elsewhere classified (n.e.c.).

         (14)  Processors include processors only, processors that are also importers, other mixed processors n.e.c.

         (15)  Other operators include traders (wholesalers, retailers), other operators n.e.c.

         (16)  Document review of the relevant general documents describing the structure, functioning and quality management of the control body. Office audit of the control body, including checking of operator files and verification of handling of non-conformities and complaints, including the minimum control frequency, the use of risk based approach, unannounced and follow-up visits, the sampling policy and the exchange of information with other control bodies and control authorities.

         (17)  Review audit: inspection of an operator by the competent authority to verify compliance with the operating procedures of the control body and to verify its effectiveness.

         (18)  Witness audit: observation by the competent authority of an inspection by an inspector of the control body.


title: Council Implementing Regulation (EU) No 790/2014 of 22 July 2014 implementing Article 2(3) of Regulation (EC) No 2580/2001 on specific restrictive measures directed against certain persons and entities with a view to combatting terrorism, and repealing Implementing Regulation (EU) No 125/2014

text:
               23.7.2014

               EN

               Official Journal of the European Union

               L 217/1

         COUNCIL IMPLEMENTING REGULATION (EU) No 790/2014
   of 22 July 2014
   implementing Article 2(3) of Regulation (EC) No 2580/2001 on specific restrictive measures directed against certain persons and entities with a view to combatting terrorism, and repealing Implementing Regulation (EU) No 125/2014
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to Council Regulation (EC) No 2580/2001 of 27 December 2001 on specific restrictive measures directed against certain persons and entities with a view to combating terrorism (1), and in particular Article 2(3) thereof,
   Whereas:

               (1)

               On 10 February 2014, the Council adopted Implementing Regulation (EU) No 125/2014 (2) implementing Article 2(3) of Regulation (EC) No 2580/2001, establishing an updated list of persons, groups and entities to which Regulation (EC) No 2580/2001 applies (‘the list’).

               (2)

               The Council has provided, where practically possible, all the persons, groups and entities with statements of reasons explaining why they were entered on to the list.

               (3)

               By way of a notice published in the Official Journal of the European Union, the Council informed the persons, groups and entities on the list that it had decided to keep them thereon. The Council also informed the persons, groups and entities concerned that it was possible to request a statement of the Council's reasons for putting them on the list where one had not already been communicated to them.

               (4)

               The Council has reviewed the list as required by Article 2(3) of Regulation (EC) No 2580/2001. When doing so it took account of observations submitted to the Council by those concerned.

               (5)

               The Council has determined that there are no longer grounds for keeping one person on the list.

               (6)

               The Council has concluded that the persons, groups and entities listed in the Annex to this Regulation have been involved in terrorist acts within the meaning of Article 1(2) and (3) of Council Common Position 2001/931/CFSP (3), that a decision has been taken with respect to them by a competent authority within the meaning of Article 1(4) of that Common Position, and that they should continue to be subject to the specific restrictive measures provided for in Regulation (EC) No 2580/2001.

               (7)

               The list should be updated accordingly and Implementing Regulation (EU) No 125/2014 should be repealed,

         HAS ADOPTED THIS REGULATION:
   Article 1
   The list provided for in Article 2(3) of Regulation (EC) No 2580/2001 is set out in the Annex to this Regulation.
   Article 2
   Implementing Regulation (EU) No 125/2014 is hereby repealed.
   Article 3
   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, 22 July 2014.

            For the Council

            The President

         C. ASHTON

      (1)  OJ L 344, 28.12.2001, p. 70.

      (2)  Council Implementing Regulation (EU) No 125/2014 of 10 February 2014 implementing Article 2(3) of Regulation (EC) No 2580/2001 on specific restrictive measures directed against certain persons and entities with a view to combating terrorism and repealing Implementing Regulation (EU) No 714/2013 (OJ L 40, 11.2.2014, p. 9).

      (3)  Council Common Position 2001/931/CFSP of 27 December 2001 on the application of specific measures to combat terrorism (OJ L 344, 28.12.2001, p. 93).

      ANNEX
      List of persons, groups and entities referred to in Article 1
      I.   PERSONS

                  1.

                  ABDOLLAHI Hamed (a.k.a Mustafa Abdullahi), born August 11, 1960 in Iran. Passport: D9004878.

                  2.

                  AL-NASSER, Abdelkarim Hussein Mohamed, born in Al Ihsa (Saudi Arabia), citizen of Saudi Arabia.

                  3.

                  AL YACOUB, Ibrahim Salih Mohammed, born 16.10.1966 in Tarut (Saudi Arabia), citizen of Saudi Arabia.

                  4.

                  ARBABSIAR Manssor (a.k.a. Mansour Arbabsiar), born March 6 or 15, 1955 in Iran. Iranian and US national. Passport: C2002515 (Iran); Passport: 477845448 (USA). National ID no.: 07442833, expiry date 15 March 2016 (USA driving licence).

                  5.

                  BOUYERI, Mohammed (a.k.a. Abu ZUBAIR, a.k.a. SOBIAR, a.k.a. Abu ZOUBAIR), born 8.3.1978 in Amsterdam (The Netherlands) — member of the ‘Hofstadgroep’.

                  6.

                  IZZ-AL-DIN, Hasan (a.k.a GARBAYA, Ahmed, a.k.a. SA-ID, a.k.a. SALWWAN, Samir), Lebanon, born 1963 in Lebanon, citizen of Lebanon.

                  7.

                  MOHAMMED, Khalid Shaikh (a.k.a. ALI, Salem, a.k.a. BIN KHALID, Fahd Bin Adballah, a.k.a. HENIN, Ashraf Refaat Nabith, a.k.a. WADOOD, Khalid Adbul), born 14.4.1965 or 1.3.1964 in Pakistan, passport No 488555.

                  8.

                  SHAHLAI Abdul Reza (a.k.a Abdol Reza Shala'i, a.k.a. Abd-al Reza Shalai, a.k.a. Abdorreza Shahlai, a.k.a. Abdolreza Shahla'i, a.k.a. Abdul-Reza Shahlaee, a.k.a.Hajj Yusef, a.k.a. Haji Yusif, a.k.a.Hajji Yasir, a.k.a.Hajji Yusif, a.k.a.Yusuf Abu-al-Karkh), born circa 1957 in Iran. Addresses: (1) Kermanshah, Iran, (2) Mehran Military Base, Ilam Province, Iran.

                  9.

                  SHAKURI Ali Gholam, born circa 1965 in Tehran, Iran.

                  10.

                  SOLEIMANI Qasem (a.k.a Ghasem Soleymani, a.k.a Qasmi Sulayman, a.k.a Qasem Soleymani, a.k.a Qasem Solaimani, a.k.a Qasem Salimani, a.k.a Qasem Solemani, a.k.a Qasem Sulaimani, a.k.a Qasem Sulemani), born March 11, 1957 in Iran. Iranian national. Passport: 008827 (Iran Diplomatic), issued 1999. Title: Major General.

            II.   GROUPS AND ENTITIES

                  1.

                  ‘Abu Nidal Organisation’ — ‘ANO’ (a.k.a. ‘Fatah Revolutionary Council’, a.k.a. ‘Arab Revolutionary Brigades’, a.k.a. ‘Black September’, a.k.a. ‘Revolutionary Organisation of Socialist Muslims’).

                  2.

                  ‘Al-Aqsa Martyrs' Brigade’.

                  3.

                  ‘Al-Aqsa e.V.’.

                  4.

                  ‘Al-Takfir’ and ‘Al-Hijra’.

                  5.

                  ‘Babbar Khalsa’.

                  6.

                  ‘Communist Party of the Philippines’, including ‘New People's Army’ — ‘NPA’, Philippines.

                  7.

                  ‘Gama'a al-Islamiyya’ (a.k.a. ‘Al-Gama'a al-Islamiyya’) (‘Islamic Group’ — ‘IG’).

                  8.

                  ‘İslami Büyük Doğu Akıncılar Cephesi’ — ‘IBDA-C’ (‘Great Islamic Eastern Warriors Front’).

                  9.

                  ‘Hamas’, including ‘Hamas-Izz al-Din al-Qassem’.

                  10.

                  ‘Hizballah Military Wing’ (a.k.a. ‘Hezbollah Military Wing’, a.k.a. ‘Hizbullah Military Wing’, a.k.a. ‘Hizbollah Military Wing’, a.k.a. ‘Hezballah Military Wing’, a.k.a. ‘Hisbollah Military Wing’, a.k.a. ‘Hizbu'llah Military Wing’ a.k.a. ‘Hizb Allah Military Wing’, a.k.a. ‘Jihad Council’ (and all units reporting to it, including the External Security Organisation))

                  11.

                  ‘Hizbul Mujahideen’ — ‘HM’.

                  12.

                  ‘Hofstadgroep’.

                  13.

                  ‘Holy Land Foundation for Relief and Development’.

                  14.

                  ‘International Sikh Youth Federation’ — ‘ISYF’.

                  15.

                  ‘Khalistan Zindabad Force’ — ‘KZF’.

                  16.

                  ‘Kurdistan Workers' Party’ — ‘PKK’, (a.k.a. ‘KADEK’, a.k.a. ‘KONGRA-GEL’).

                  17.

                  ‘Liberation Tigers of Tamil Eelam’ — ‘LTTE’.

                  18.

                  ‘Ejército de Liberación Nacional’ (‘National Liberation Army’).

                  19.

                  ‘Palestinian Islamic Jihad’ — ‘PIJ’.

                  20.

                  ‘Popular Front for the Liberation of Palestine’ — ‘PFLP’.

                  21.

                  ‘Popular Front for the Liberation of Palestine — General Command’ (a.k.a. ‘PFLP — General Command’).

                  22.

                  ‘Fuerzas armadas revolucionarias de Colombia’ — ‘FARC’ (‘Revolutionary Armed Forces of Colombia’).

                  23.

                  ‘Devrimci Halk Kurtuluș Partisi-Cephesi’ — ‘DHKP/C’ (a.k.a. ‘Devrimci Sol’ (‘Revolutionary Left’), a.k.a. ‘Dev Sol’) (‘Revolutionary People's Liberation Army/Front/Party’).

                  24.

                  ‘Sendero Luminoso’ — ‘SL’ (‘Shining Path’).

                  25.

                  ‘Teyrbazen Azadiya Kurdistan’ — ‘TAK’ (a.k.a. ‘Kurdistan Freedom Falcons’, a.k.a. ‘Kurdistan Freedom Hawks’).


title: Commission Implementing Regulation (EU) 2017/1414 of 3 August 2017 amending Annex I to Regulation (EC) No 798/2008 as regards the entries for the former Yugoslav Republic of Macedonia, the United States, South Africa and Zimbabwe in the list of third countries, territories, zones or compartments from which certain poultry commodities may be imported into or transit through the Union in relation to highly pathogenic avian influenza (Text with EEA relevance. )

text:
               4.8.2017

               EN

               Official Journal of the European Union

               L 203/4

         COMMISSION IMPLEMENTING REGULATION (EU) 2017/1414
   of 3 August 2017
   amending Annex I to Regulation (EC) No 798/2008 as regards the entries for the former Yugoslav Republic of Macedonia, the United States, South Africa and Zimbabwe in the list of third countries, territories, zones or compartments from which certain poultry commodities may be imported into or transit through the Union in relation to highly pathogenic avian influenza
   (Text with EEA relevance)
   THE EUROPEAN COMMISSION,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to Council Directive 2002/99/EC of 16 December 2002 laying down the animal health rules governing the production, processing, distribution and introduction of products of animal origin for human consumption (1), and in particular the introductory phrase of Article 8, the first subparagraph of point 1 of Article 8, point 4 of Article 8 and Article 9(4)(c) thereof,
   Having regard to Council Directive 2009/158/EC of 30 November 2009 on animal health conditions governing intra-Community trade in, and imports from third countries of, poultry and hatching eggs (2), and in particular Articles 23(1), 24(2) and 25(2) thereof,
   Whereas:

               (1)

               Commission Regulation (EC) No 798/2008 (3) lays down veterinary certification requirements for imports into and transit, including storage during transit, through the Union of poultry and poultry products (the commodities). It provides that the commodities are only to be imported into and transit through the Union from the third countries, territories, zones or compartments listed in columns 1 and 3 of the table in Part 1 of Annex I thereto.

               (2)

               Regulation (EC) No 798/2008 also lays down the conditions for a third country, territory, zone or compartment to be considered as free from highly pathogenic avian influenza (HPAI).

               (3)

               The former Yugoslav Republic of Macedonia is listed in Part 1 of Annex I to Regulation (EC) No 798/2008 as a third country from which imports into and transit through the Union of certain poultry commodities are authorised from the whole of its territory.

               (4)

               On 28 January 2017, the former Yugoslav Republic of Macedonia confirmed the presence of HPAI of subtype H5N8 in a poultry holding on its territory. Due to that confirmed outbreak of HPAI, the territory of the former Yugoslav Republic of Macedonia could no longer be considered as free from that disease and the veterinary authorities of the former Yugoslav Republic of Macedonia were no longer in a position to certify consignments of meat of poultry for human consumption for import into, or transit through, the Union. It is appropriate therefore to indicate in Part 1 of Annex I to Regulation (EC) No 798/2008, the date as of which that third country could no longer be considered as free from HPAI.

               (5)

               Following the outbreak of HPAI in January 2017, the former Yugoslav Republic of Macedonia has implemented a stamping-out policy in order to control and limit the spread of that disease. The former Yugoslav Republic of Macedonia has submitted updated information on the epidemiological situation on its territory and the measures it has taken to prevent the further spread of HPAI which has now been evaluated by the Commission. In addition, the former Yugoslav Republic of Macedonia has reported the completion of cleaning and disinfection measures following the stamping out policy on the poultry holding where the HPAI outbreak was detected in January 2017.

               (6)

               On the basis of the evaluation of the information provided by the former Yugoslav Republic of Macedonia, it is also appropriate to indicate in Part 1 of Annex I to Regulation (EC) No 798/2008 the date as of when that third country may again, in accordance with Article 9 of Regulation (EC) No 798/2008, be considered free of HPAI and imports into, and transit through the Union, of certain poultry commodities originating from that third country should be authorised again.

               (7)

               The entry for the former Yugoslav Republic of Macedonia in the list in Part 1 of Annex I to Regulation (EC) No 798/2008 should therefore be amended to take account of the recent epidemiological situation in that third country.

               (8)

               The United States is listed in Part 1 of Annex I to Regulation (EC) No 798/2008 as a third country from which imports into and transit through the Union of the commodities are authorised from certain parts of its territory depending on the presence of HPAI. That regionalisation was set out in Part 1 of Annex I to Regulation (EC) No 798/2008, as amended by Commission Implementing Regulation (EU) 2017/481 (4), following an outbreak of HPAI of subtype H7N9 in a poultry holding in the State of Tennessee on 4 March 2017.

               (9)

               On 15 March 2017, the United States confirmed the presence of HPAI of subtype H7N9 in another holding in the State of Tennessee. That outbreak was located in an area that was already subject to regionalisation, due to the earlier outbreak of 4 March 2017, and that area is duly covered by the amendments made to Part 1 of Annex I to Regulation (EC) No 798/2008 by Implementing Regulation (EU) 2017/481. Therefore no further regionalisation of the third country is necessary in respect of that latest outbreak.

               (10)

               An Agreement between the European Community and the United States of America on sanitary measures to protect public and animal health in trade in live animals and animal products (the Agreement) (5), which was approved by Council Decision 98/258/EC (6), provides for a swift mutual recognition of regionalisation measures in the event of outbreaks of a disease in the Union or in the United States.

               (11)

               Following the outbreaks of HPAI in March 2017, the United States has implemented a stamping-out policy in order to control and limit the spread of that disease. The veterinary authorities of the United States have continued to suspend issuing veterinary certificates for consignments of the commodities intended for export to, or transit through, the Union from the affected counties of the States of Tennessee and Alabama, which were placed under restrictions due to the presence of that disease, and which are subject to Union regionalisation measures in accordance with Regulation (EC) No 798/2008.

               (12)

               Since mid-March 2017, no further outbreaks of HPAI have been detected in the United States. The United States has submitted updated information on the epidemiological situation on its territory and the measures it has taken to prevent the further spread of HPAI which has now been evaluated by the Commission. In addition, the United States has reported the completion of cleaning and disinfection measures following the stamping out policy on the holdings in the State of Tennessee where the outbreaks of HPAI were detected in March 2017.

               (13)

               On the basis of the evaluation of the information provided by the United States, as well as the commitments laid down in the Agreement and the guarantees provided by the United States, it is appropriate to indicate the date as of when the affected counties in the States of Tennessee and Alabama that were placed under veterinary restrictions in relation to the outbreaks of HPAI in March 2017, may again, in accordance with Article 9 of Regulation (EC) No 798/2008, be considered free of HPAI and imports into, and transit through the Union, of certain poultry commodities originating from those areas should be authorised again.

               (14)

               The entry for the United States in the list in Part 1 of Annex I to Regulation (EC) No 798/2008 should therefore be amended to take account of the current epidemiological situation in that third country.

               (15)

               South Africa is listed in Part 1 of Annex I to Regulation (EC) No 798/2008 as a third country from which imports into and transit through the Union of certain poultry commodities are authorised from the whole of its territory. In particular, imports into and transit through the Union of meat of farmed ratites for human consumption (RAT) is authorised under specific condition ‘H’ as established in Part 2 of Annex I to Regulation (EC) No 798/2008, which provides that, under specific conditions, in the case of an outbreak of HPAI, imports of such meat may still be authorised, if it is obtained from ratites coming from a registered closed ratite holding free of HPAI.

               (16)

               On 22 June 2017, South Africa confirmed the presence of HPAI of subtype H5N8 in a poultry holding on its territory. Due to that confirmed outbreak of HPAI, the territory of South Africa can no longer be considered as free from that disease and the veterinary authorities of South Africa can therefore no longer certify consignments of meat of farmed ratites for import into, or transit through, the Union, unless it is obtained from ratites coming from a registered closed ratite holding free of HPAI under specific condition ‘H’.

               (17)

               The veterinary authorities of South Africa have submitted preliminary information on the outbreak of HPAI and confirmed that they have immediately suspended issuing veterinary certificates for consignments of meat of farmed ratites for human consumption intended for import into, or transit through, the Union.

               (18)

               The entry for South Africa in the list in Part 1 of Annex I to Regulation (EC) No 798/2008 should therefore be amended to take account of the current epidemiological situation in that third country.

               (19)

               Zimbabwe is listed in Part 1 of Annex I to Regulation (EC) No 798/2008 as a third country from which imports into and transit through the Union of certain poultry commodities are authorised from the whole of its territory.

               (20)

               On 1 June 2017, Zimbabwe confirmed the presence of HPAI of subtype H5N8 in a poultry holding on its territory. Due to that confirmed outbreak of HPAI, the territory of Zimbabwe can no longer be considered as free from that disease and the veterinary authorities of Zimbabwe can therefore no longer certify consignments of meat of farmed ratites for human consumption for import into, or transit through, the Union.

               (21)

               The entry for Zimbabwe in the list in Part 1 of Annex I to Regulation (EC) No 798/2008 should therefore be amended to take account of the current epidemiological situation in that third country.

               (22)

               Annex I to Regulation (EC) No 798/2008 should therefore be amended accordingly.

               (23)

               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
   Part 1 of Annex I to Regulation (EC) No 798/2008 is amended in accordance with the Annex to this Regulation.
   Article 2
   This Regulation shall enter into force on the third day following that of its publication in the Official Journal of the European Union.

      This Regulation shall be binding in its entirety and directly applicable in all Member States.
      Done at Brussels, 3 August 2017.

            For the Commission

            The President

         Jean-Claude JUNCKER

      (1)  OJ L 18, 23.1.2003, p. 11.

      (2)  OJ L 343, 22.12.2009, p. 74.

      (3)  Commission Regulation (EC) No 798/2008 of 8 August 2008 laying down a list of third countries, territories, zones or compartments from which poultry and poultry products may be imported into and transit through the Community and the veterinary certification requirements (OJ L 226, 23.8.2008, p. 1).

      (4)  Commission Implementing Regulation (EU) 2017/481 of 20 March 2017 amending Annex I to Regulation (EC) No 798/2008 as regards the entry for the United States in the list of third countries, territories, zones or compartments from which certain poultry commodities may be imported into or transit through the Union in relation to highly pathogenic avian influenza (OJ L 75, 21.3.2017, p. 15).

      (5)  OJ L 118, 21.4.1998, p. 3.

      (6)  Council Decision 98/258/EC of 16 March 1998 on the conclusion of the Agreement between the European Community and the United States of America on sanitary measures to protect public and animal health in trade in live animals and animal products (OJ L 118, 21.4.1998, p. 1).

      ANNEX
      Part 1 of Annex I to Regulation (EC) No 798/2008 is amended as follows:

                  (1)

                  the entry for the former Yugoslav Republic of Macedonia is replaced by the following:

                              ISO code and name of third country or territory

                              Code of third country, territory, zone or compartment

                              Description of third country, territory, zone or compartment

                              Veterinary certificate

                              Specific conditions

                              Specific conditions

                              Avian influenza surveillance status

                              Avian influenza vaccination status

                              Salmonella Control Status (6)

                              Model(s)

                              Additional guarantees

                              Closing date (1)

                              Opening date (2)

                              1

                              2

                              3

                              4

                              5

                              6

                              6A

                              6B

                              7

                              8

                              9

                              ‘MK-the former Yugoslav Republic of Macedonia

                              MK-0 (4)

                              Whole country

                              POU

                              28.1.2017

                              1.5.2017

                              E, EP’

                  (2)

                  the entry for the United States concerning the State of Tennessee US-2.23 and the State of Alabama US-2.24 is replaced by the following:

                              ISO code and name of third country or territory

                              Code of third country, territory, zone or compartment

                              Description of third country, territory, zone or compartment

                              Veterinary certificate

                              Specific conditions

                              Specific conditions

                              Avian influenza surveillance status

                              Avian influenza vaccination status

                              Salmonella Control Status (6)

                              Model(s)

                              Additional guarantees

                              Closing date (1)

                              Opening date (2)

                              1

                              2

                              3

                              4

                              5

                              6

                              6A

                              6B

                              7

                              8

                              9

                              ‘US — United States

                              US-2.23

                              State of Tennessee:

                                          Lincoln County

                                          Franklin County

                                          Moore County

                              WGM

                              VIII

                              P2

                              4.3.2017

                              11.8.2017

                              POU, RAT

                              N
                              P2

                              BPR, BPP, DOC, DOR, HEP, HER, SRP, SRA, LT20

                              A

                              S3, ST1

                              US-2.24

                              State of Alabama:

                                          Madison County

                                          Jackson County

                              WGM

                              VIII

                              P2

                              4.3.2017

                              11.8.2017

                              POU, RAT

                              N
                              P2

                              BPR, BPP, DOC, DOR, HEP, HER, SRP, SRA, LT20

                              A

                              S3, ST1’

                  (3)

                  the entries for South Africa and Zimbabwe are replaced by the following:

                              ISO code and name of third country or territory

                              Code of third country, territory, zone or compartment

                              Description of third country, territory, zone or compartment

                              Veterinary certificate

                              Specific conditions

                              Specific conditions

                              Avian influenza surveillance status

                              Avian influenza vaccination status

                              Salmonella Control Status (6)

                              Model(s)

                              Additional guarantees

                              Closing date (1)

                              Opening date (2)

                              1

                              2

                              3

                              4

                              5

                              6

                              6A

                              6B

                              7

                              8

                              9

                              ‘ZA — South Africa

                              ZA-0

                              Whole country

                              SPF

                              EP, E

                              S4

                              BPR

                              I

                              P2

                              9.4.2011

                              A

                              DOR

                              II

                              HER

                              III

                              RAT

                              VII

                              H, P2

                              22.6.2017

                              ZW — Zimbabwe

                              ZW-0

                              Whole country

                              RAT

                              VII

                              P2

                              1.6.2017

                              EP, E

                              S4’


title: Commission Implementing Regulation (EU) No 160/2012 of 23 February 2012 fixing for 2012 the amount of aid in advance for private storage of butter

text:
               24.2.2012

               EN

               Official Journal of the European Union

               L 52/3

         COMMISSION IMPLEMENTING REGULATION (EU) No 160/2012
   of 23 February 2012
   fixing for 2012 the amount of aid in advance for private storage of butter
   THE EUROPEAN COMMISSION,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to Council Regulation (EC) No 1234/2007 of 22 October 2007 establishing a common organisation of agricultural markets and on specific provisions for certain agricultural products (Single CMO Regulation) (1), and in particular Article 43(a) and (d), in conjunction with Article 4 thereof,
   Whereas:

               (1)

               Article 28 of Regulation (EC) No 1234/2007 provides for the granting of private storage aid for butter.

               (2)

               Developments in prices and stocks of butter indicate an imbalance in the market which may be eliminated or reduced by the seasonal storage. In view of the current market situation, it is appropriate to grant aid for private storage of butter as from 1 March 2012.

               (3)

               Commission Regulation (EC) No 826/2008 of 20 August 2008 laying down common rules for the granting of private storage aid for certain agricultural products (2) has established common rules for the implementation of a private storage aid scheme.

               (4)

               Pursuant to Article 6 of Regulation (EC) No 826/2008, aid fixed in advance is to be granted in accordance with the detailed rules and conditions provided for in Chapter III of that Regulation.

               (5)

               In accordance with Article 29 of Regulation (EC) No 1234/2007 the aid should be fixed in the light of storage costs and the likely trends in prices for fresh butter and butter from stocks.

               (6)

               It is appropriate to fix aid for the costs for entry and exit of the products concerned and for daily costs for cold storage and financing.

               (7)

               To facilitate the implementation of the present measure and taking into consideration the existing practice in the Member States, the aid should relate only to products that have been fully placed into storage. Consequently, a derogation from Article 7(3) of Regulation (EC) No 826/2008 should be provided for.

               (8)

               For reasons of administrative efficiency and simplification, where the required information concerning storage details are already included in the application for aid, it is appropriate to waive the request to notify the same information after the conclusion of the contract as provided for in point (a) of the first paragraph of Article 20 of Regulation (EC) No 826/2008.

               (9)

               For reasons of simplification and logistic efficiency, Member States should be allowed to waive the requirement to mark the contract number on each unit stored where the contracts number is entered in the stores register.

               (10)

               For reasons of administrative efficiency and simplification, taking into account the particular situation for butter storage, the checks provided for in Article 36(6) of Regulation (EC) No 826/2008 should be carried out in respect of at least one half of the contracts. Consequently, a derogation from that Article should be provided for.

               (11)

               Commission Regulation (EC) No 792/2009 of 31 August 2009 laying down detailed rules for the Member States’ notification to the Commission of information and documents in implementation of the common organisation of the markets, the direct payments’ regime, the promotion of agricultural products and the regimes applicable to the outermost regions and the smaller Aegean islands (3) lays down common rules for notifying information and documents by the competent authorities of the Member States to the Commission. Those rules cover in particular the obligation for the Member States to use the information systems made available by the Commission and the validation of the access rights of the authorities or individuals authorised to send notifications. In addition, that Regulation sets common principles applying to the information systems in order to guarantee the authenticity, integrity and legibility over time of the documents. It also provides for personal data protection.

               (12)

               Pursuant to Regulation (EC) No 792/2009 the obligation to use the information systems in accordance with that Regulation has to be provided for in the Regulations establishing a specific notification obligation.

               (13)

               The Commission has developed an information system that allows managing documents and procedures electronically in its own internal working procedures and in its relations with the authorities involved in the common agricultural policy.

               (14)

               It is considered that notification obligations for the private storage of butter can be fulfilled via that system in accordance with Regulation (EC) No 792/2009, in particular those provided for in Article 35 of Regulation (EC) No 826/2008.

               (15)

               For reasons of clarity, this Regulation should expire on the final date laid down for the end of contractual storage.

               (16)

               The Management Committee for the Common Organisation of Agricultural Markets has not delivered an opinion within the time limit set by its Chair,

         HAS ADOPTED THIS REGULATION:
   Article 1
   1.   This Regulation provides for private storage aid for salted and unsalted butter as referred to in Article 28(a) of Regulation (EC) No 1234/2007 for contracts concluded from 1 March 2012.
   2.   Regulation (EC) No 826/2008 shall apply save as otherwise provided for in this Regulation.
   Article 2
   The unit of measurement referred to in Article 16(2)(c) of Regulation (EC) No 826/2008 is the ‘storage lot’ which corresponds to the quantity of the product covered by this Regulation, weighing at least one tonne and of homogeneous composition and quality, produced in a single factory, taken into storage in a single warehouse on a single day.
   Article 3
   1.   By way of derogation from Article 7(3) of Regulation (EC) No 826/2008, applications shall only relate to products that have been fully placed into storage.
   2.   Point (a) of the first paragraph of Article 20 of Regulation (EC) No 826/2008 shall not apply.
   3.   Member States may waive the requirements referred to in Article 22(1)(e) of Regulation (EC) No 826/2008 to mark the contract number provided that the store manager undertakes to enter the contract number in the register referred to in point III of Annex I to that Regulation.
   4.   By way of derogation from Article 36(6) of Regulation (EC) No 826/2008, at the end of the contractual storage period, the authority responsible for checking shall, throughout the whole removal period from August 2012 to February 2013, in respect of at least one half of the number of contracts, by sampling, verify weight and identification of the butter in storage.
   Article 4
   1.   The aid for the products referred in Article 1 shall be:

               —

               EUR 14,88 per tonne of storage for fixed storage costs,

               —

               EUR 0,26 per tonne per day of contractual storage.

         2.   Entry into contractual storage shall take place between 1 March and 15 August 2012. Removal from store may take place only as from 16 August 2012. Contractual storage shall end on the day preceding that of the removal from storage or at the latest the last day of February following the year of entry into store.
   3.   Aid may be granted only where the contractual storage period is between 90 and 210 days.
   Article 5
   1.   Member States shall notify the Commission of the following:

               (a)

               by each Tuesday for the previous week, the quantities for which contracts have been concluded as well as the quantities of products for which applications to conclude contracts have been submitted, as required under Article 35(1)(a) of Regulation (EC) No 826/2008;

               (b)

               not later than the end of each month for the previous month, the information on the stocks required under Article 35(1)(b) of Regulation (EC) No 826/2008.

         2.   The notifications referred to in paragraph 1 shall be made in accordance with Regulation (EC) No 792/2009.
   Article 6
   This Regulation shall enter into force on the third day following its publication in the Official Journal of the European Union.
   It shall expire on 28 February 2013.

      This Regulation shall be binding in its entirety and directly applicable in all Member States.
      Done at Brussels, 23 February 2012.

            For the Commission

            The President

         José Manuel BARROSO

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

      (2)  OJ L 223, 21.8.2008, p. 3.

      (3)  OJ L 228, 1.9.2009, p. 3.


title: Commission Implementing Regulation (EU) 2016/197 of 3 February 2016 entering a name in the register of protected designations of origin and protected geographical indications (Cochinilla de Canarias (PDO))

text:
               16.2.2016

               EN

               Official Journal of the European Union

               L 39/1

         COMMISSION IMPLEMENTING REGULATION (EU) 2016/197
   of 3 February 2016
   entering a name in the register of protected designations of origin and protected geographical indications (Cochinilla de Canarias (PDO))
   THE EUROPEAN COMMISSION,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to Regulation (EU) No 1151/2012 of the European Parliament and of the Council of 21 November 2012 on quality schemes for agricultural products and foodstuffs (1), and in particular Article 52(2) thereof,
   Whereas:

               (1)

               Pursuant to Article 50(2)(a) of Regulation (EU) No 1151/2012, Spain's application to register the name ‘Cochinilla de Canarias’ was published in the Official Journal of the European Union
                   (2).

               (2)

               As no statement of opposition under Article 51 of Regulation (EU) No 1151/2012 has been received by the Commission, the name ‘Cochinilla de Canarias’ should therefore be entered in the register,

         HAS ADOPTED THIS REGULATION:
   Article 1
   The name ‘Cochinilla de Canarias’ (PDO) is hereby entered in the register.
   The name specified in the first paragraph denotes a product in Class 2.12. cochineal set out in Annex XI to Commission Implementing Regulation (EU) No 668/2014 (3).
   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, 3 February 2016.

            For the Commission,

            On behalf of the President,

         Phil HOGAN

            Member of the Commission

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

      (2)  OJ C 324, 2.10.2015, p. 33.

      (3)  Commission Implementing Regulation (EU) No 668/2014 of 13 June 2014 laying down rules for the application of Regulation (EU) No 1151/2012 of the European Parliament and of the Council on quality schemes for agricultural products and foodstuffs (OJ L 179, 19.6.2014, p. 36).


title: Council Implementing Regulation (EU) No 465/2013 of 16 May 2013 amending Regulation (EC) No 192/2007 imposing a definitive anti-dumping duty on imports of certain polyethylene terephthalate originating in India, Indonesia, Malaysia, the Republic of Korea, Thailand and Taiwan

text:
               22.5.2013

               EN

               Official Journal of the European Union

               L 135/1

         COUNCIL IMPLEMENTING REGULATION (EU) No 465/2013
   of 16 May 2013
   amending Regulation (EC) No 192/2007 imposing a definitive anti-dumping duty on imports of certain polyethylene terephthalate originating in India, Indonesia, Malaysia, the Republic of Korea, Thailand and Taiwan
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to Council Regulation (EC) No 1225/2009 of 30 November 2009 on protection against dumped imports from countries not members of the European Community (1), and in particular Articles 8 and 9 thereof,
   Having regard to the proposal submitted by the European Commission after consulting the Advisory Committee,
   Whereas:
   A.   PREVIOUS PROCEDURE

               (1)

               The Council, by Regulation (EC) No 192/2007 (2), imposed a definitive anti-dumping duty on imports of certain polyethylene terephtalate originating in India, Indonesia, Malaysia, the Republic of Korea, Thailand and Taiwan following an expiry review and a partial interim review. The measures were originally imposed in August 2000 (3). The measures are currently subject to another expiry review (4).

               (2)

               The Commission, by Decision 2000/745/EC (5), accepted a price undertaking, inter alia, from the Indonesian company P.T. Polypet Karyapersada (‘Polypet’). Following the findings and conclusions relating to a ‘new exporter’ review (6), the Commission, by Decision 2002/232/EC (7), accepted an undertaking from the Indian company Futura Polymers Ltd, which subsequently was renamed Futura Polyesters Ltd (‘Futura’) (8).

         B.   WITHDRAWAL OF UNDERTAKINGS AND AMENDMENT OF REGULATION (EC) No 192/2007

               (3)

               The Commission, by Decision 2013/223/EU (9), withdrew the acceptance of the undertakings in relation to the companies Polypet and Futura. Therefore, Regulation (EC) No 192/2007 should be amended accordingly,

         HAS ADOPTED THIS REGULATION:
   Article 1
   The table in Article 2(3) of Regulation (EC) No 192/2007 is replaced by the following table:

                  Country

                  Companies

                  TARIC additional code

                  ‘India

                  Reliance Industries Ltd

                  A181

                  India

                  Pearl Engineering Polymers Ltd

                  A182

                  India

                  Dhunseri Petrochem & Tea Ltd

                  A585’

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

      This Regulation shall be binding in its entirety and directly applicable in all Member States.
      Done at Brussels, 16 May 2013.

            For the Council

            The President

         R. QUINN

      (1)  OJ L 343, 22.12.2009, p. 51.

      (2)  OJ L 59, 27.2.2007, p. 1.

      (3)  OJ L 199, 5.8.2000, p. 48.

      (4)  OJ C 55, 24.2.2012, p. 4.

      (5)  OJ L 301, 30.11.2000, p. 88.

      (6)  OJ L 78, 21.3.2002, p. 4.

      (7)  OJ L 78, 21.3.2002, p. 12.

      (8)  OJ C 116, 16.5.2003, p. 2.

      (9)  See page 19 of this Official Journal.


title: Commission Implementing Regulation (EU) 2015/660 of 27 April 2015 establishing the standard import values for determining the entry price of certain fruit and vegetables

text:
               28.4.2015

               EN

               Official Journal of the European Union

               L 108/5

         COMMISSION IMPLEMENTING REGULATION (EU) 2015/660
   of 27 April 2015
   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, 27 April 2015.

            For the Commission,

            On behalf of the President,

         Jerzy PLEWA

            Director-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

                  84,0

                  TR

                  94,0

                  ZZ

                  89,0

                  0707 00 05

                  AL

                  67,1

                  EG

                  191,6

                  TR

                  125,6

                  ZZ

                  128,1

                  0709 91 00

                  TR

                  209,1

                  ZZ

                  209,1

                  0709 93 10

                  MA

                  123,4

                  TR

                  144,0

                  ZZ

                  133,7

                  0805 10 20

                  EG

                  53,2

                  IL

                  50,3

                  MA

                  57,6

                  TN

                  55,7

                  TR

                  70,3

                  ZZ

                  57,4

                  0805 50 10

                  BO

                  97,3

                  TR

                  101,3

                  ZZ

                  99,3

                  0808 10 80

                  AR

                  87,8

                  BR

                  96,3

                  CL

                  156,5

                  CN

                  83,8

                  MK

                  30,8

                  NZ

                  130,6

                  US

                  151,5

                  ZA

                  119,9

                  ZZ

                  107,2

                  0808 30 90

                  AR

                  110,0

                  CL

                  147,4

                  ZA

                  122,5

                  ZM

                  112,8

                  ZZ

                  123,2

         (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) 2015/1491 of 3 September 2015 amending Regulation (EU) No 37/2010 as regards the substance ‘virginiamycin’ (Text with EEA relevance)

text:
               4.9.2015

               EN

               Official Journal of the European Union

               L 231/7

         COMMISSION IMPLEMENTING REGULATION (EU) 2015/1491
   of 3 September 2015
   amending Regulation (EU) No 37/2010 as regards the substance ‘virginiamycin’
   (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 470/2009 of the European Parliament and of the Council of 6 May 2009 laying down Community procedures for the establishment of residue limits of pharmacologically active substances in foodstuffs of animal origin, repealing Council Regulation (EEC) No 2377/90 and amending Directive 2001/82/EC of the European Parliament and of the Council and Regulation (EC) No 726/2004 of the European Parliament and the Council (1), and in particular Article 14 in conjunction with Article 17 thereof,
   Having regard to the opinion of the European Medicines Agency formulated by the Committee for Medicinal Products for Veterinary Use,
   Whereas:

               (1)

               Article 17 of Regulation (EC) No 470/2009 requires that the maximum residue limit (hereinafter ‘MRL’) for pharmacologically active substances intended for use in the Union in veterinary medicinal products for food-producing animals or in biocidal products used in animal husbandry is established in a regulation.

               (2)

               Table 1 of the Annex to Commission Regulation (EU) No 37/2010 (2) sets out the pharmacologically active substances and their classification regarding MRLs in foodstuffs of animal origin.

               (3)

               Virginiamycin is not yet included in this table.

               (4)

               An application for the establishment of MRLs for virginiamycin in chicken has been submitted to the European Medicines Agency (hereinafter ‘EMA’).

               (5)

               The EMA, based on the opinion of the Committee for Medicinal Products for Veterinary Use, has recommended the establishment of a MRL for virginiamycin in chicken, applicable to muscle, skin and fat, liver and kidney, provided that the substance is not used for animals from which eggs are produced for human consumption.

               (6)

               According to Article 5 of Regulation (EC) No 470/2009 the EMA is to consider using MRLs established for a pharmacologically active substance in a particular foodstuff for another foodstuff derived from the same species, or MRLs established for a pharmacologically active substance in one or more species for other species.

               (7)

               The EMA has considered that the extrapolation of the MRL for virginiamycin from chicken to poultry is appropriate.

               (8)

               Regulation (EU) No 37/2010 should therefore be amended accordingly.

               (9)

               It is appropriate to grant the stakeholders concerned a reasonable period of time to take measures that may be required to comply with the new MRL.

               (10)

               The measures provided for in this Regulation are in accordance with the opinion of the Standing Committee on Veterinary Medicinal Products,

         HAS ADOPTED THIS REGULATION:
   Article 1
   The Annex to Regulation (EU) No 37/2010 is amended as set out in the Annex to this Regulation.
   Article 2
   This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.
   It shall apply from 3 November 2015.

      This Regulation shall be binding in its entirety and directly applicable in all Member States.
      Done at Brussels, 3 September 2015.

            For the Commission

            The President

         Jean-Claude JUNCKER

      (1)  OJ L 152, 16.6.2009, p. 11.

      (2)  Commission Regulation (EU) No 37/2010 of 22 December 2009 on pharmacologically active substances and their classification regarding maximum residue limits in foodstuffs of animal origin (OJ L 15, 20.1.2010, p. 1).

      ANNEX
      In Table 1 of the Annex to Regulation (EU) No 37/2010, an entry for the following substance is inserted in alphabetical order:

                     Pharmacologically active Substance

                     Marker residue

                     Animal Species

                     MRL

                     Target Tissues

                     Other Provisions (according to Article 14(7) of Regulation (EC) No 470/2009)

                     Therapeutic Classification

                     ‘Virginiamycin

                     Virginiamycin factor S1

                     Poultry

                     10 μg/kg
                     30 μg/kg
                     10 μg/kg
                     60 μg/kg

                     Muscle
                     Skin and fat
                     Liver
                     Kidney

                     Not for use in animals from which eggs are produced for human consumption

                     Anti-infectious agents/Antibiotics’