# Official Journal L 108/2013

| | ISSN 1977-0677
  doi:10.3000/19770677.L_2013.108.eng |
| --- | --- |
| Official Journal
  of the European Union | L 108 |
| | |
| English edition | Legislation | Volume 5618 April 2013 |

ISSN 1977-0677

doi:10.3000/19770677.L_2013.108.eng

Official Journal

of the European Union

L 108

English edition

Legislation

Volume 5618 April 2013

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| Contents | | II   Non-legislative acts | page |
| --- | --- | --- | --- |
| | | REGULATIONS |
| | * | Commission Regulation (EU) No 348/2013 of 17 April 2013 amending Annex XIV to Regulation (EC) No 1907/2006 of the European Parliament and of the Council on the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH) (
  1
  ) | 1 |
| | * | Commission Implementing Regulation (EU) No 349/2013 of 17 April 2013 amending the rate of additional duty for products listed in Annex I to Council Regulation (EC) No 673/2005 establishing additional customs duties on imports of certain products originating in the United States of America | 6 |
| | * | Commission Implementing Regulation (EU) No 350/2013 of 17 April 2013 approving the active substance bixafen, in accordance with Regulation (EC) No 1107/2009 of the European Parliament and of the Council concerning the placing of plant protection products on the market, and amending the Annex to Commission Implementing Regulation (EU) No 540/2011 (
  1
  ) | 9 |
| | | Commission Implementing Regulation (EU) No 351/2013 of 17 April 2013 establishing the standard import values for determining the entry price of certain fruit and vegetables | 13 |
| | | Commission Implementing Regulation (EU) No 352/2013 of 17 April 2013 on the issue of licences for the import of garlic in the subperiod from 1 June 2013 to 31 August 2013 | 15 |

Contents

II   Non-legislative acts

page

REGULATIONS

*

Commission Regulation (EU) No 348/2013 of 17 April 2013 amending Annex XIV to Regulation (EC) No 1907/2006 of the European Parliament and of the Council on the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH) (
  1
  )

1

1

*

Commission Implementing Regulation (EU) No 349/2013 of 17 April 2013 amending the rate of additional duty for products listed in Annex I to Council Regulation (EC) No 673/2005 establishing additional customs duties on imports of certain products originating in the United States of America

6

*

Commission Implementing Regulation (EU) No 350/2013 of 17 April 2013 approving the active substance bixafen, in accordance with Regulation (EC) No 1107/2009 of the European Parliament and of the Council concerning the placing of plant protection products on the market, and amending the Annex to Commission Implementing Regulation (EU) No 540/2011 (
  1
  )

1

9

Commission Implementing Regulation (EU) No 351/2013 of 17 April 2013 establishing the standard import values for determining the entry price of certain fruit and vegetables

13

Commission Implementing Regulation (EU) No 352/2013 of 17 April 2013 on the issue of licences for the import of garlic in the subperiod from 1 June 2013 to 31 August 2013

15

| | |
| --- | --- |
| | (1)   Text with EEA relevance |

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(1)   Text with EEA relevance

1

| EN | Acts whose titles are printed in light type are those relating to day-to-day management of agricultural matters, and are generally valid for a limited period.
  The titles of all other Acts are printed in bold type and preceded by an asterisk. |
| --- | --- |

EN

Acts whose titles are printed in light type are those relating to day-to-day management of agricultural matters, and are generally valid for a limited period.

The titles of all other Acts are printed in bold type and preceded by an asterisk.

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II Non-legislative acts

REGULATIONS

| 18.4.2013 | EN | Official Journal of the European Union | L 108/1 |
| --- | --- | --- | --- |

18.4.2013

EN

Official Journal of the European Union

L 108/1

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COMMISSION REGULATION (EU) No 348/2013

of 17 April 2013

amending Annex XIV to Regulation (EC) No 1907/2006 of the European Parliament and of the Council on the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH)

(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 1907/2006 of the European Parliament and of the Council of 18 December 2006 concerning the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH), establishing a European Chemicals Agency, amending Directive 1999/45/EC and repealing Council Regulation (EEC) No 793/93 and Commission Regulation (EC) No 1488/94 as well as Council Directive 76/769/EEC and Commission Directives 91/155/EEC, 93/67/EEC, 93/105/EC and 2000/21/EC (1), and in particular Articles 58 and 131 thereof,

Whereas:

| (1) | Regulation (EC) No 1907/2006 provides that substances meeting the criteria for classification as carcinogenic (category 1A or 1B), mutagenic (category 1A or 1B) and toxic for reproduction (category 1A or 1B) in accordance with Regulation (EC) No 1272/2008 of the European Parliament and the Council of 16 December 2008 on classification, labelling and packaging of substances and mixtures (2), substances that are persistent, bioaccumulative and toxic, substances that are very persistent and very bioaccumulative, and substances for which there is scientific evidence of probable serious effects to human health or the environment giving rise to an equivalent level of concern may be subject to authorisation. |
| --- | --- |

(1)

Regulation (EC) No 1907/2006 provides that substances meeting the criteria for classification as carcinogenic (category 1A or 1B), mutagenic (category 1A or 1B) and toxic for reproduction (category 1A or 1B) in accordance with Regulation (EC) No 1272/2008 of the European Parliament and the Council of 16 December 2008 on classification, labelling and packaging of substances and mixtures (2), substances that are persistent, bioaccumulative and toxic, substances that are very persistent and very bioaccumulative, and substances for which there is scientific evidence of probable serious effects to human health or the environment giving rise to an equivalent level of concern may be subject to authorisation.

| (2) | Trichloroethylene meets the criteria for classification as carcinogenic (category 1B) in accordance with Regulation (EC) No 1272/2008 and therefore meets the criteria for inclusion in Annex XIV to Regulation (EC) No 1907/2006 set out in Article 57(a) of that Regulation. |
| --- | --- |

(2)

Trichloroethylene meets the criteria for classification as carcinogenic (category 1B) in accordance with Regulation (EC) No 1272/2008 and therefore meets the criteria for inclusion in Annex XIV to Regulation (EC) No 1907/2006 set out in Article 57(a) of that Regulation.

| (3) | Chromium trioxide meets the criteria for classification as carcinogenic (category 1A) and mutagenic (category 1B) in accordance with Regulation (EC) No 1272/2008 and therefore meets the criteria for inclusion in Annex XIV to Regulation (EC) No 1907/2006 set out in Article 57(a) and (b) of that Regulation. |
| --- | --- |

(3)

Chromium trioxide meets the criteria for classification as carcinogenic (category 1A) and mutagenic (category 1B) in accordance with Regulation (EC) No 1272/2008 and therefore meets the criteria for inclusion in Annex XIV to Regulation (EC) No 1907/2006 set out in Article 57(a) and (b) of that Regulation.

| (4) | Acids generated from chromium trioxide and their oligomers meet the criteria for classification as carcinogenic (category 1B) in accordance with Regulation (EC) No 1272/2008 and therefore meet the criteria for inclusion in Annex XIV to Regulation (EC) No 1907/2006 set out in Article 57(a) of that Regulation. |
| --- | --- |

(4)

Acids generated from chromium trioxide and their oligomers meet the criteria for classification as carcinogenic (category 1B) in accordance with Regulation (EC) No 1272/2008 and therefore meet the criteria for inclusion in Annex XIV to Regulation (EC) No 1907/2006 set out in Article 57(a) of that Regulation.

| (5) | Sodium dichromate meets the criteria for classification as carcinogenic (category 1B), mutagenic (category 1B) and toxic for reproduction (category 1B) in accordance with Regulation (EC) No 1272/2008 and therefore meets the criteria for inclusion in Annex XIV to Regulation (EC) No 1907/2006 set out in Article 57(a), (b) and (c) of that Regulation. |
| --- | --- |

(5)

Sodium dichromate meets the criteria for classification as carcinogenic (category 1B), mutagenic (category 1B) and toxic for reproduction (category 1B) in accordance with Regulation (EC) No 1272/2008 and therefore meets the criteria for inclusion in Annex XIV to Regulation (EC) No 1907/2006 set out in Article 57(a), (b) and (c) of that Regulation.

| (6) | Potassium dichromate meets the criteria for classification as carcinogenic (category 1B), mutagenic (category 1B) and toxic for reproduction (category 1B) in accordance with Regulation (EC) No 1272/2008 and therefore meets the criteria for inclusion in Annex XIV to Regulation (EC) No 1907/2006 set out in Article 57(a), (b) and (c) of that Regulation. |
| --- | --- |

(6)

Potassium dichromate meets the criteria for classification as carcinogenic (category 1B), mutagenic (category 1B) and toxic for reproduction (category 1B) in accordance with Regulation (EC) No 1272/2008 and therefore meets the criteria for inclusion in Annex XIV to Regulation (EC) No 1907/2006 set out in Article 57(a), (b) and (c) of that Regulation.

| (7) | Ammonium dichromate meets the criteria for classification as carcinogenic (category 1B), mutagenic (category 1B) and toxic for reproduction (category 1B) in accordance with Regulation (EC) No 1272/2008 and therefore meets the criteria for inclusion in Annex XIV to Regulation (EC) No 1907/2006 set out in Article 57(a), (b) and (c) of that Regulation. |
| --- | --- |

(7)

Ammonium dichromate meets the criteria for classification as carcinogenic (category 1B), mutagenic (category 1B) and toxic for reproduction (category 1B) in accordance with Regulation (EC) No 1272/2008 and therefore meets the criteria for inclusion in Annex XIV to Regulation (EC) No 1907/2006 set out in Article 57(a), (b) and (c) of that Regulation.

| (8) | Potassium chromate meets the criteria for classification as carcinogenic (category 1B) and mutagenic (category 1B) in accordance with Regulation (EC) No 1272/2008 and therefore meets the criteria for inclusion in Annex XIV to Regulation (EC) No 1907/2006 set out in Article 57(a) and (b) of that Regulation. |
| --- | --- |

(8)

Potassium chromate meets the criteria for classification as carcinogenic (category 1B) and mutagenic (category 1B) in accordance with Regulation (EC) No 1272/2008 and therefore meets the criteria for inclusion in Annex XIV to Regulation (EC) No 1907/2006 set out in Article 57(a) and (b) of that Regulation.

| (9) | Sodium chromate meets the criteria for classification as carcinogenic (category 1B), mutagenic (category 1B) and toxic for reproduction (category 1B) in accordance with Regulation (EC) No 1272/2008 and therefore meets the criteria for inclusion in Annex XIV to Regulation (EC) No 1907/2006 set out in Article 57(a), (b) and (c) of that Regulation. |
| --- | --- |

(9)

Sodium chromate meets the criteria for classification as carcinogenic (category 1B), mutagenic (category 1B) and toxic for reproduction (category 1B) in accordance with Regulation (EC) No 1272/2008 and therefore meets the criteria for inclusion in Annex XIV to Regulation (EC) No 1907/2006 set out in Article 57(a), (b) and (c) of that Regulation.

| (10) | Those substances have been identified and included in the candidate list in accordance with Article 59 of Regulation (EC) No 1907/2006. They have furthermore been prioritised for inclusion in Annex XIV to Regulation (EC) No 1907/2006 by the European Chemicals Agency (hereinafter ‘the Agency’) in its recommendation of 20 December 2011 (3) in accordance with Article 58 of that Regulation. It is therefore appropriate to include the substances in that Annex. |
| --- | --- |

(10)

Those substances have been identified and included in the candidate list in accordance with Article 59 of Regulation (EC) No 1907/2006. They have furthermore been prioritised for inclusion in Annex XIV to Regulation (EC) No 1907/2006 by the European Chemicals Agency (hereinafter ‘the Agency’) in its recommendation of 20 December 2011 (3) in accordance with Article 58 of that Regulation. It is therefore appropriate to include the substances in that Annex.

| (11) | The cobalt compounds cobalt(II) sulphate, cobalt dichloride, cobalt(II) dinitrate, cobalt(II) carbonate and cobalt(II) diacetate meet the criteria for classification as carcinogenic (category 1B) and toxic for reproduction (category 1B) in accordance with Regulation (EC) No 1272/2008 and therefore meet the criteria for inclusion in Annex XIV to Regulation (EC) No 1907/2006 set out in Article 57(a) and (c) of that Regulation. They have been identified and included in the candidate list in accordance with Article 59 of Regulation (EC) No 1907/2006. |
| --- | --- |

(11)

The cobalt compounds cobalt(II) sulphate, cobalt dichloride, cobalt(II) dinitrate, cobalt(II) carbonate and cobalt(II) diacetate meet the criteria for classification as carcinogenic (category 1B) and toxic for reproduction (category 1B) in accordance with Regulation (EC) No 1272/2008 and therefore meet the criteria for inclusion in Annex XIV to Regulation (EC) No 1907/2006 set out in Article 57(a) and (c) of that Regulation. They have been identified and included in the candidate list in accordance with Article 59 of Regulation (EC) No 1907/2006.

| (12) | Those cobalt compounds have also been prioritised for inclusion in Annex XIV to Regulation (EC) No 1907/2006 by the recommendation of the Agency of 20 December 2011 in accordance with Article 58 of that Regulation. However the Commission considers that at least one of the uses of those substances (i.e. surface treatment) poses a risk to human health that is not adequately controlled and needs to be addressed. Therefore, in accordance with Article 69(1) of Regulation (EC) No 1907/2006, the Commission should ask the Agency to prepare a dossier in accordance with the requirements of Annex XV to that Regulation. It is therefore appropriate to postpone the decision on the inclusion of any of these substances in Annex XIV until after the process laid down in Articles 69 to 73 of that Regulation is concluded. |
| --- | --- |

(12)

Those cobalt compounds have also been prioritised for inclusion in Annex XIV to Regulation (EC) No 1907/2006 by the recommendation of the Agency of 20 December 2011 in accordance with Article 58 of that Regulation. However the Commission considers that at least one of the uses of those substances (i.e. surface treatment) poses a risk to human health that is not adequately controlled and needs to be addressed. Therefore, in accordance with Article 69(1) of Regulation (EC) No 1907/2006, the Commission should ask the Agency to prepare a dossier in accordance with the requirements of Annex XV to that Regulation. It is therefore appropriate to postpone the decision on the inclusion of any of these substances in Annex XIV until after the process laid down in Articles 69 to 73 of that Regulation is concluded.

| (13) | The Agency’s recommendation of 20 December 2011 has identified the latest application dates referred to in Article 58(1)(c)(ii) of Regulation (EC) No 1907/2006 for each of the substances listed in the Annex to this Regulation. Those dates have been identified on the basis of the estimated time that would be required to prepare an application for the authorisation, taking into account the information available on the different substances and the information received during the public consultation carried out in accordance with Article 58(4) of Regulation (EC) No 1907/2006. The Agency’s capacity to handle applications in the time provided for in the Regulation (EC) No 1907/2006 has also been taken into account. |
| --- | --- |

(13)

The Agency’s recommendation of 20 December 2011 has identified the latest application dates referred to in Article 58(1)(c)(ii) of Regulation (EC) No 1907/2006 for each of the substances listed in the Annex to this Regulation. Those dates have been identified on the basis of the estimated time that would be required to prepare an application for the authorisation, taking into account the information available on the different substances and the information received during the public consultation carried out in accordance with Article 58(4) of Regulation (EC) No 1907/2006. The Agency’s capacity to handle applications in the time provided for in the Regulation (EC) No 1907/2006 has also been taken into account.

| (14) | Concerning the seven chromium compounds, the Agency proposed the latest application date to be set at 21 months after entry into force of this Regulation. However, based on a discussion with Member States, a broader appreciation of the significance of the specific structure of the relevant markets and the related supply chains leads to the conclusion that the latest application date should be set at 35 months after entry into force of this Regulation. |
| --- | --- |

(14)

Concerning the seven chromium compounds, the Agency proposed the latest application date to be set at 21 months after entry into force of this Regulation. However, based on a discussion with Member States, a broader appreciation of the significance of the specific structure of the relevant markets and the related supply chains leads to the conclusion that the latest application date should be set at 35 months after entry into force of this Regulation.

| (15) | For each of the substances listed in the Annex to this Regulation the sunset date referred to in Article 58(1)(c)(i) of Regulation (EC) No 1907/2006 should be 18 months after the latest application date referred to in Article 58(1)(c)(ii) of that Regulation. |
| --- | --- |

(15)

For each of the substances listed in the Annex to this Regulation the sunset date referred to in Article 58(1)(c)(i) of Regulation (EC) No 1907/2006 should be 18 months after the latest application date referred to in Article 58(1)(c)(ii) of that Regulation.

| (16) | It is appropriate to specify the dates referred to in points (i) and (ii) of Article 58(1)(c) of Regulation (EC) No 1907/2006 in Annex XIV to that Regulation. |
| --- | --- |

(16)

It is appropriate to specify the dates referred to in points (i) and (ii) of Article 58(1)(c) of Regulation (EC) No 1907/2006 in Annex XIV to that Regulation.

| (17) | Article 58(1)(e) in conjunction with Article 58(2) of Regulation (EC) No 1907/2006 provides for the possibility of exemptions of uses or categories of uses in cases where there is specific Union legislation imposing minimum requirements relating to the protection of human health or the environment that ensures proper control of the risks. In accordance with the information currently available it is not appropriate to set exemptions based on those provisions. |
| --- | --- |

(17)

Article 58(1)(e) in conjunction with Article 58(2) of Regulation (EC) No 1907/2006 provides for the possibility of exemptions of uses or categories of uses in cases where there is specific Union legislation imposing minimum requirements relating to the protection of human health or the environment that ensures proper control of the risks. In accordance with the information currently available it is not appropriate to set exemptions based on those provisions.

| (18) | On the basis of the information currently available it is not appropriate to set exemptions for product and process orientated research and development. |
| --- | --- |

(18)

On the basis of the information currently available it is not appropriate to set exemptions for product and process orientated research and development.

| (19) | On the basis of the information currently available it is not appropriate to set review periods for certain uses. |
| --- | --- |

(19)

On the basis of the information currently available it is not appropriate to set review periods for certain uses.

| (20) | Regulation (EC) No 1907/2006 should therefore be amended accordingly. |
| --- | --- |

(20)

Regulation (EC) No 1907/2006 should therefore be amended accordingly.

| (21) | The measures provided for in this Regulation are in accordance with the opinion of the Committee established under Article 133 of Regulation (EC) No 1907/2006, |
| --- | --- |

(21)

The measures provided for in this Regulation are in accordance with the opinion of the Committee established under Article 133 of Regulation (EC) No 1907/2006,

HAS ADOPTED THIS REGULATION:

Article 1

Annex XIV to Regulation (EC) No 1907/2006 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, 17 April 2013.

For the Commission

The President

José Manuel BARROSO

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(1)  
  OJ L 396, 30.12.2006, p. 1.

1

(2)  
  OJ L 353, 31.12.2008, p. 1.

2

(3)  http://echa.europa.eu/documents/10162/13640/3rd_a_xiv_recommendation_20dec2011_en.pdf

3

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ANNEX

In the table in Annex XIV to Regulation (EC) No 1907/2006 the following entries are added:

| Entry No | Substance | Intrinsic property(ies) referred to in Article 57 | Transitional arrangements | Exempted (categories of) uses | Review periods |
| --- | --- | --- | --- | --- | --- |
| Latest application date (1) | Sunset date (2) |
| ‘15. | Trichloroethylene
  EC No: 201-167-4
  CAS No: 79-01-6 | Carcinogenic
  (category 1B) | 21 October 2014 | 21 April 2016 | — | — |
| 16. | Chromium trioxide
  EC No: 215-607-8
  CAS No: 1333-82-0 | | Carcinogenic
  (category 1A) |

Entry No

Substance

Intrinsic property(ies) referred to in Article 57

Transitional arrangements

Exempted (categories of) uses

Review periods

Latest application date (1)

Sunset date (2)

‘15.

Trichloroethylene

EC No: 201-167-4

CAS No: 79-01-6

Carcinogenic

(category 1B)

21 October 2014

21 April 2016

—

—

16.

Chromium trioxide

EC No: 215-607-8

CAS No: 1333-82-0

Carcinogenic

(category 1A)

| | Mutagenic
  (category 1B) |
| --- | --- |

Mutagenic

(category 1B)

21 March 2016

21 September 2017

—

—

17.

Acids generated from chromium trioxide and their oligomers

Group containing:

| | Chromic acid
  EC No: 231-801-5
  CAS No: 7738-94-5 |
| --- | --- |

Chromic acid

EC No: 231-801-5

CAS No: 7738-94-5

| | Dichromic acid
  EC No: 236-881-5
  CAS No: 13530-68-2 |
| --- | --- |

Dichromic acid

EC No: 236-881-5

CAS No: 13530-68-2

| | Oligomers of chromic acid and dichromic acid
  EC No: not yet assigned
  CAS No: not yet assigned |
| --- | --- |

Oligomers of chromic acid and dichromic acid

EC No: not yet assigned

CAS No: not yet assigned

Carcinogenic

(category 1B)

21 March 2016

21 September 2017

—

—

18.

Sodium dichromate

EC No: 234-190-3

CAS No: 7789-12-0

10588-01-9

| | Carcinogenic
  (category 1B) |
| --- | --- |

Carcinogenic

(category 1B)

| | Mutagenic
  (category 1B) |
| --- | --- |

Mutagenic

(category 1B)

| | Toxic for reproduction
  (category 1B) |
| --- | --- |

Toxic for reproduction

(category 1B)

21 March 2016

21 September 2017

—

—

19.

Potassium dichromate

EC No: 231-906-6

CAS No: 7778-50-9

| | Carcinogenic
  (category 1B) |
| --- | --- |

Carcinogenic

(category 1B)

| | Mutagenic
  (category 1B) |
| --- | --- |

Mutagenic

(category 1B)

| | Toxic for reproduction
  (category 1B) |
| --- | --- |

Toxic for reproduction

(category 1B)

21 March 2016

21 September 2017

—

—

20.

Ammonium dichromate

EC No: 232-143-1

CAS No: 7789-09-5

| | Carcinogenic
  (category 1B) |
| --- | --- |

Carcinogenic

(category 1B)

| | Mutagenic
  (category 1B) |
| --- | --- |

Mutagenic

(category 1B)

| | Toxic for reproduction
  (category 1B) |
| --- | --- |

Toxic for reproduction

(category 1B)

21 March 2016

21 September 2017

21.

Potassium chromate

EC No: 232-140-5

CAS No: 7789-00-6

| | Carcinogenic
  (category 1B) |
| --- | --- |

Carcinogenic

(category 1B)

| | Mutagenic
  (category 1B) |
| --- | --- |

Mutagenic

(category 1B)

21 March 2016

21 September 2017

22.

Sodium chromate

EC No: 231-889-5

CAS No: 7775-11-3

| | Carcinogenic
  (category 1B) |
| --- | --- |

Carcinogenic

(category 1B)

| | Mutagenic
  (category 1B) |
| --- | --- |

Mutagenic

(category 1B)

| | Toxic for reproduction
  (category 1B) |
| --- | --- |

Toxic for reproduction

(category 1B)

21 March 2016

21 September 2017’

---

(1)  Date referred to in Article 58(1)(c)(ii) of Regulation (EC) No 1907/2006.

1

(2)  Date referred to in Article 58(1)(c)(i) of Regulation (EC) No 1907/2006.

2

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| 18.4.2013 | EN | Official Journal of the European Union | L 108/6 |
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18.4.2013

EN

Official Journal of the European Union

L 108/6

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COMMISSION IMPLEMENTING REGULATION (EU) No 349/2013

of 17 April 2013

amending the rate of additional duty for products listed in Annex I to Council Regulation (EC) No 673/2005 establishing additional customs duties on imports of certain products originating in the United States of America

THE EUROPEAN COMMISSION,

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

Having regard to Council Regulation (EC) No 673/2005 of 25 April 2005 establishing additional customs duties on imports of certain products originating in the United States of America (1), and in particular Article 3 thereof,

Whereas:

| (1) | As a result of the United States’ failure to bring the Continued Dumping and Subsidy Offset Act (CDSOA) in compliance with its obligations under the WTO agreements, Regulation (EC) No 673/2005 imposed a 15 % ad valorem additional customs duty on imports of certain products originating in the United States as from 1 May 2005. In conformity with the WTO authorisation to suspend the application of concessions to the United States, the Commission is to adjust the level of suspension annually to the level of nullification or impairment caused by the CDSOA to the European Union at that time. |
| --- | --- |

(1)

As a result of the United States’ failure to bring the Continued Dumping and Subsidy Offset Act (CDSOA) in compliance with its obligations under the WTO agreements, Regulation (EC) No 673/2005 imposed a 15 % ad valorem additional customs duty on imports of certain products originating in the United States as from 1 May 2005. In conformity with the WTO authorisation to suspend the application of concessions to the United States, the Commission is to adjust the level of suspension annually to the level of nullification or impairment caused by the CDSOA to the European Union at that time.

| (2) | The CDSOA disbursements for the most recent year for which data are available relate to the distribution of anti-dumping and countervailing duties collected during the Fiscal Year 2012 (1 October 2011 - 30 September 2012) as well as to the CDSOA additional 2012 distribution of anti-dumping and countervailing duties held during Fiscal Years 2006, 2007, 2008, 2009 and 2010, respectively. On the basis of the data published by the United States’ Customs and Border Protection, the level of nullification or impairment caused to the Union is calculated at USD 60 774 402. |
| --- | --- |

(2)

The CDSOA disbursements for the most recent year for which data are available relate to the distribution of anti-dumping and countervailing duties collected during the Fiscal Year 2012 (1 October 2011 - 30 September 2012) as well as to the CDSOA additional 2012 distribution of anti-dumping and countervailing duties held during Fiscal Years 2006, 2007, 2008, 2009 and 2010, respectively. On the basis of the data published by the United States’ Customs and Border Protection, the level of nullification or impairment caused to the Union is calculated at USD 60 774 402.

| (3) | Since the level of nullification or impairment and consequently of suspension has increased, the last product of the list in Annex II to Regulation (EC) No 673/2005 should be added to the list set out in Annex I to Regulation (EC) No 673/2005. However, the level of suspension cannot be adjusted to the level of nullification or impairment by adding or removing products from the list in Annex I to Regulation (EC) No 673/2005. As a consequence, in accordance with Article 3(1)(e) of that Regulation, the Commission should amend the rate of the additional duty in order to adjust the level of suspension to the level of nullification or impairment. The four products listed in Annex I should therefore be maintained on the list and the rate of additional import duty should be amended and set at 26 %. |
| --- | --- |

(3)

Since the level of nullification or impairment and consequently of suspension has increased, the last product of the list in Annex II to Regulation (EC) No 673/2005 should be added to the list set out in Annex I to Regulation (EC) No 673/2005. However, the level of suspension cannot be adjusted to the level of nullification or impairment by adding or removing products from the list in Annex I to Regulation (EC) No 673/2005. As a consequence, in accordance with Article 3(1)(e) of that Regulation, the Commission should amend the rate of the additional duty in order to adjust the level of suspension to the level of nullification or impairment. The four products listed in Annex I should therefore be maintained on the list and the rate of additional import duty should be amended and set at 26 %.

| (4) | The effect of a 26 % ad valorem additional import duty on imports from the United States of the products in Annex I represents, over one year, a value of trade that does not exceed USD 60 774 402. |
| --- | --- |

(4)

The effect of a 26 % ad valorem additional import duty on imports from the United States of the products in Annex I represents, over one year, a value of trade that does not exceed USD 60 774 402.

| (5) | Article 6(1) and (2) of Regulation (EC) No 673/2005 contain specific exemptions from the additional import duty. Since the applicability of those exemptions is dependent on certain conditions being met before the entry into force or on the date of application of Regulation (EC) No 673/2005, the exemptions cannot in practice apply for imports of the new product added by this Regulation to the list in Annex I. Specific provisions should therefore be adopted to make these exemptions effective for imports of that product. |
| --- | --- |

(5)

Article 6(1) and (2) of Regulation (EC) No 673/2005 contain specific exemptions from the additional import duty. Since the applicability of those exemptions is dependent on certain conditions being met before the entry into force or on the date of application of Regulation (EC) No 673/2005, the exemptions cannot in practice apply for imports of the new product added by this Regulation to the list in Annex I. Specific provisions should therefore be adopted to make these exemptions effective for imports of that product.

| (6) | To avoid circumvention of the additional duty, this Implementing Regulation should enter into force on the day of its publication. |
| --- | --- |

(6)

To avoid circumvention of the additional duty, this Implementing Regulation should enter into force on the day of its publication.

| (7) | The measures provided for in this Implementing Regulation are in accordance with the opinion delivered by the Committee on Trade Retaliation, |
| --- | --- |

(7)

The measures provided for in this Implementing Regulation are in accordance with the opinion delivered by the Committee on Trade Retaliation,

HAS ADOPTED THIS REGULATION:

Article 1

Annex I to Regulation (EC) No 673/2005 is replaced by Annex I to this Regulation.

Article 2

Annex II to Regulation (EC) No 673/2005 is replaced by Annex II to this Regulation.

Article 3

An ad valorem duty of 26 % additional to the customs duty shall be imposed on the products originating in the United States of America listed in Annex I to Regulation (EC) No 673/2005.

Article 4

1.   Products for which an import licence with an exemption from, or a reduction of duty, was issued before the date of entry into force of this Regulation shall not be subject to the additional duty provided they are classified under one of the following CN codes (2): 6204 62 31.

2.   Products for which it can be demonstrated that they are already en route to the European Union or in temporary storage or in a free zone or free warehouse or under a suspensive procedure within the meaning of Article 84(1)(a) of Council Regulation (EEC) No 2913/92 of 12 October 1992 establishing the Community Customs Code (3) on the date of application of this Regulation, and whose destination cannot be changed, shall not be subject to the additional duty provided they are classified under one of the following CN codes: 6204 62 31.

Article 5

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

It shall apply from 1 May 2013.

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

Done at Brussels, 17 April 2013.

For the Commission

The President

José Manuel BARROSO

---

(1)  
  OJ L 110, 30.4.2005, p. 1.

1

(2)  The description of products classified under these codes can be found in Annex I to Council Regulation (EEC) No 2658/87 (OJ L 256, 7.9.1987, p. 1), as replaced by Commission Regulation (EC) 1810/2004 (OJ L 327, 30.10.2004, p. 1), as amended by Regulation (EC) No 493/2005 (OJ L 82, 31.3.2005, p. 1).

2

(3)  
  OJ L 302, 19.10.1992, p. 1.

3

---

ANNEX I

The products on which additional duties are to apply are identified by their eight-digit CN codes. The description of products classified under these codes can be found in Annex I to Regulation (EEC) No 2658/87.

0710 40 00

9003 19 30

8705 10 00

6204 62 31

---

ANNEX II

The products in this Annex are identified by their eight-digit CN codes. The description of products classified under these codes can be found in Annex I to Regulation (EEC) No 2658/87.

---

| 18.4.2013 | EN | Official Journal of the European Union | L 108/9 |
| --- | --- | --- | --- |

18.4.2013

EN

Official Journal of the European Union

L 108/9

---

COMMISSION IMPLEMENTING REGULATION (EU) No 350/2013

of 17 April 2013

approving the active substance bixafen, in accordance with Regulation (EC) No 1107/2009 of the European Parliament and of the Council concerning the placing of plant protection products on the market, and amending the Annex to Commission Implementing Regulation (EU) No 540/2011

(Text with EEA relevance)

THE EUROPEAN COMMISSION,

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

Having regard to Regulation (EC) No 1107/2009 of the European Parliament and of the Council of 21 October 2009 concerning the placing of plant protection products on the market and repealing Council Directives 79/117/EEC and 91/414/EEC (1), and in particular Article 13(2) and Article 78(2) thereof,

Whereas:

| (1) | In accordance with Article 80(1)(a) of Regulation (EC) No 1107/2009, Council Directive 91/414/EEC (2) is to apply, with respect to the procedure and the conditions for approval, to active substances for which a decision has been adopted in accordance with Article 6(3) of that Directive before 14 June 2011. For bixafen the conditions of Article 80(1)(a) of Regulation (EC) No 1107/2009 are fulfilled by Commission Decision 2009/700/EC (3). |
| --- | --- |

(1)

In accordance with Article 80(1)(a) of Regulation (EC) No 1107/2009, Council Directive 91/414/EEC (2) is to apply, with respect to the procedure and the conditions for approval, to active substances for which a decision has been adopted in accordance with Article 6(3) of that Directive before 14 June 2011. For bixafen the conditions of Article 80(1)(a) of Regulation (EC) No 1107/2009 are fulfilled by Commission Decision 2009/700/EC (3).

| (2) | In accordance with Article 6(2) of Directive 91/414/EEC the United Kingdom received on 8 October 2008 an application from Bayer CropScience for the inclusion of the active substance bixafen in Annex I to Directive 91/414/EEC. Decision 2009/700/EC confirmed that the dossier was ‘complete’ in the sense that it could be considered as satisfying, in principle, the data and information requirements of Annexes II and III to Directive 91/414/EEC. |
| --- | --- |

(2)

In accordance with Article 6(2) of Directive 91/414/EEC the United Kingdom received on 8 October 2008 an application from Bayer CropScience for the inclusion of the active substance bixafen in Annex I to Directive 91/414/EEC. Decision 2009/700/EC confirmed that the dossier was ‘complete’ in the sense that it could be considered as satisfying, in principle, the data and information requirements of Annexes II and III to Directive 91/414/EEC.

| (3) | For that active substance, the effects on human and animal health and the environment have been assessed, in accordance with the provisions of Article 6(2) and (4) of Directive 91/414/EEC, for the uses proposed by the applicant. The designated rapporteur Member State submitted a draft assessment report on 19 July 2011. |
| --- | --- |

(3)

For that active substance, the effects on human and animal health and the environment have been assessed, in accordance with the provisions of Article 6(2) and (4) of Directive 91/414/EEC, for the uses proposed by the applicant. The designated rapporteur Member State submitted a draft assessment report on 19 July 2011.

| (4) | The draft assessment report was reviewed by the Member States and the European Food Safety Authority (hereinafter ‘the Authority’). The Authority presented to the Commission its conclusion on the review of the pesticide risk assessment of the active substance bixafen (4) on 15 October 2012. The draft assessment report and the conclusion of the Authority were reviewed by the Member States and the Commission within the Standing Committee on the Food Chain and Animal Health and the draft assessment report was finalised on 15 March 2013 in the format of the Commission review report for bixafen. |
| --- | --- |

(4)

The draft assessment report was reviewed by the Member States and the European Food Safety Authority (hereinafter ‘the Authority’). The Authority presented to the Commission its conclusion on the review of the pesticide risk assessment of the active substance bixafen (4) on 15 October 2012. The draft assessment report and the conclusion of the Authority were reviewed by the Member States and the Commission within the Standing Committee on the Food Chain and Animal Health and the draft assessment report was finalised on 15 March 2013 in the format of the Commission review report for bixafen.

| (5) | It has appeared from the various examinations made that plant protection products containing bixafen may be expected to satisfy, in general, the requirements laid down in Article 5(1)(a) and (b) and Article 5(3) of Directive 91/414/EEC, in particular with regard to the uses which were examined and detailed in the Commission review report. It is therefore appropriate to approve bixafen. |
| --- | --- |

(5)

It has appeared from the various examinations made that plant protection products containing bixafen may be expected to satisfy, in general, the requirements laid down in Article 5(1)(a) and (b) and Article 5(3) of Directive 91/414/EEC, in particular with regard to the uses which were examined and detailed in the Commission review report. It is therefore appropriate to approve bixafen.

| (6) | In accordance with Article 13(2) of Regulation (EC) No 1107/2009 in conjunction with Article 6 thereof and in the light of current scientific and technical knowledge, it is, however, necessary to include certain conditions and restrictions. |
| --- | --- |

(6)

In accordance with Article 13(2) of Regulation (EC) No 1107/2009 in conjunction with Article 6 thereof and in the light of current scientific and technical knowledge, it is, however, necessary to include certain conditions and restrictions.

| (7) | A reasonable period should be allowed to elapse before approval in order to permit Member States and the interested parties to prepare themselves to meet the new requirements resulting from the approval. |
| --- | --- |

(7)

A reasonable period should be allowed to elapse before approval in order to permit Member States and the interested parties to prepare themselves to meet the new requirements resulting from the approval.

| (8) | Without prejudice to the obligations provided for in Regulation (EC) No 1107/2009 as a consequence of approval, taking into account the specific situation created by the transition from Directive 91/414/EEC to Regulation (EC) No 1107/2009, the following should, however, apply. Member States should be allowed a period of six months after approval to review authorisations of plant protection products containing bixafen. Member States should, as appropriate, vary, replace or withdraw authorisations. By way of derogation from that deadline, a longer period should be provided for the submission and assessment of the update of the complete Annex III dossier, as set out in Directive 91/414/EEC, of each plant protection product for each intended use in accordance with the uniform principles. |
| --- | --- |

(8)

Without prejudice to the obligations provided for in Regulation (EC) No 1107/2009 as a consequence of approval, taking into account the specific situation created by the transition from Directive 91/414/EEC to Regulation (EC) No 1107/2009, the following should, however, apply. Member States should be allowed a period of six months after approval to review authorisations of plant protection products containing bixafen. Member States should, as appropriate, vary, replace or withdraw authorisations. By way of derogation from that deadline, a longer period should be provided for the submission and assessment of the update of the complete Annex III dossier, as set out in Directive 91/414/EEC, of each plant protection product for each intended use in accordance with the uniform principles.

| (9) | The experience gained from inclusions in Annex I to Directive 91/414/EEC of active substances assessed in the framework of Commission Regulation (EEC) No 3600/92 of 11 December 1992 laying down the detailed rules for the implementation of the first stage of the programme of work referred to in Article 8(2) of Council Directive 91/414/EEC concerning the placing of plant protection products on the market (5) has shown that difficulties can arise in interpreting the duties of holders of existing authorisations in relation to access to data. In order to avoid further difficulties it therefore appears necessary to clarify the duties of the Member States, especially the duty to verify that the holder of an authorisation demonstrates access to a dossier satisfying the requirements of Annex II to that Directive. However, this clarification does not impose any new obligations on Member States or holders of authorisations compared to the Directives which have been adopted until now amending Annex I to that Directive or the Regulations approving active substances. |
| --- | --- |

(9)

The experience gained from inclusions in Annex I to Directive 91/414/EEC of active substances assessed in the framework of Commission Regulation (EEC) No 3600/92 of 11 December 1992 laying down the detailed rules for the implementation of the first stage of the programme of work referred to in Article 8(2) of Council Directive 91/414/EEC concerning the placing of plant protection products on the market (5) has shown that difficulties can arise in interpreting the duties of holders of existing authorisations in relation to access to data. In order to avoid further difficulties it therefore appears necessary to clarify the duties of the Member States, especially the duty to verify that the holder of an authorisation demonstrates access to a dossier satisfying the requirements of Annex II to that Directive. However, this clarification does not impose any new obligations on Member States or holders of authorisations compared to the Directives which have been adopted until now amending Annex I to that Directive or the Regulations approving active substances.

| (10) | In accordance with Article 13(4) of Regulation (EC) No 1107/2009, the Annex to Commission Implementing Regulation (EU) No 540/2011 of 25 May 2011 implementing Regulation (EC) No 1107/2009 of the European Parliament and of the Council as regards the list of approved active substances (6) should be amended accordingly. |
| --- | --- |

(10)

In accordance with Article 13(4) of Regulation (EC) No 1107/2009, the Annex to Commission Implementing Regulation (EU) No 540/2011 of 25 May 2011 implementing Regulation (EC) No 1107/2009 of the European Parliament and of the Council as regards the list of approved active substances (6) should be amended accordingly.

| (11) | The measures provided for in this Regulation are in accordance with the opinion of the Standing Committee on the Food Chain and Animal Health, |
| --- | --- |

(11)

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

HAS ADOPTED THIS REGULATION:

Article 1

Approval of active substance

The active substance bixafen, as specified in Annex I, is approved subject to the conditions laid down in that Annex.

Article 2

Re-evaluation of plant protection products

1.   Member States shall in accordance with Regulation (EC) No 1107/2009, where necessary, amend or withdraw existing authorisations for plant protection products containing bixafen as an active substance by 31 March 2014.

By that date they shall in particular verify that the conditions in Annex I to this Regulation are met, with the exception of those identified in the column on specific provisions of that Annex, and that the holder of the authorisation has, or has access to, a dossier satisfying the requirements of Annex II to Directive 91/414/EEC in accordance with the conditions of Article 13(1) to (4) of that Directive and Article 62 of Regulation (EC) No 1107/2009.

2.   By way of derogation from paragraph 1, for each authorised plant protection product containing bixafen as either the only active substance or as one of several active substances, all of which were listed in the Annex to Implementing Regulation (EU) No 540/2011 by 30 September 2013 at the latest, Member States shall re-evaluate the product in accordance with the uniform principles, as referred to in Article 29(6) of Regulation (EC) No 1107/2009, on the basis of a dossier satisfying the requirements of Annex III to Directive 91/414/EEC and taking into account the column on specific provisions of Annex I to this Regulation. On the basis of that evaluation, they shall determine whether the product satisfies the conditions set out in Article 29(1) of Regulation (EC) No 1107/2009.

Following that determination Member States shall:

| (a) | in the case of a product containing bixafen as the only active substance, where necessary, amend or withdraw the authorisation by 31 March 2015 at the latest; or |
| --- | --- |

(a)

in the case of a product containing bixafen as the only active substance, where necessary, amend or withdraw the authorisation by 31 March 2015 at the latest; or

| (b) | in the case of a product containing bixafen as one of several active substances, where necessary, amend or withdraw the authorisation by 31 March 2015 or by the date fixed for such an amendment or withdrawal in the respective act or acts which added the relevant substance or substances to Annex I to Directive 91/414/EEC or approved that substance or substances, whichever is the latest. |
| --- | --- |

(b)

in the case of a product containing bixafen as one of several active substances, where necessary, amend or withdraw the authorisation by 31 March 2015 or by the date fixed for such an amendment or withdrawal in the respective act or acts which added the relevant substance or substances to Annex I to Directive 91/414/EEC or approved that substance or substances, whichever is the latest.

Article 3

Amendments to Implementing Regulation (EU) No 540/2011

The Annex to Implementing Regulation (EU) No 540/2011 is amended in accordance with Annex II to this Regulation.

Article 4

Entry into force and date of application

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

Official Journal of the European Union

It shall apply from 1 October 2013.

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

Done at Brussels, 17 April 2013.

For the Commission

The President

José Manuel BARROSO

---

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

1

(2)  
  OJ L 230, 19.8.1991, p. 1.

2

(3)  
  OJ L 240, 11.9.2009, p. 32.

3

(4)  EFSA Journal (2012); 10(11):2917. Available online: www.efsa.europa.eu

4

(5)  
  OJ L 366, 15.12.1992, p. 10.

5

(6)  
  OJ L 153, 11.6.2011, p. 1.

6

---

ANNEX I

| Common Name, Identification Numbers | IUPAC Name | Purity (1) | Date of approval | Expiration of approval | Specific provisions |
| --- | --- | --- | --- | --- | --- |
| Bixafen
  CAS No 581809-46-3
  CIPAC No 819 | N-(3′,4′-dichloro-5-fluorobiphenyl-2-yl)-3-(difluoromethyl)-1-methylpyrazole-4-carboxamide | ≥ 950 g/kg | 1 October 2013 | 30 September 2023 | For the implementation of the uniform principles as referred to in Article 29(6) of Regulation (EC) No 1107/2009, the conclusions of the review report on bixafen, and in particular Appendices I and II thereof, as finalised in the Standing Committee on the Food Chain and Animal Health on 15 March 2013 shall be taken into account.
  In this overall assessment Member States shall pay particular attention to:






  (a) | the residues of bixafen and of its metabolites in rotational crops; |

Common Name, Identification Numbers

IUPAC Name

Purity (1)

Date of approval

Expiration of approval

Specific provisions

Bixafen

CAS No 581809-46-3

CIPAC No 819

N-(3′,4′-dichloro-5-fluorobiphenyl-2-yl)-3-(difluoromethyl)-1-methylpyrazole-4-carboxamide

≥ 950 g/kg

1 October 2013

30 September 2023

For the implementation of the uniform principles as referred to in Article 29(6) of Regulation (EC) No 1107/2009, the conclusions of the review report on bixafen, and in particular Appendices I and II thereof, as finalised in the Standing Committee on the Food Chain and Animal Health on 15 March 2013 shall be taken into account.

In this overall assessment Member States shall pay particular attention to:

(a)

the residues of bixafen and of its metabolites in rotational crops;

| (b) | the protection of groundwater, when the substance is applied in regions with vulnerable soil and/or climatic conditions; |
| --- | --- |

(b)

the protection of groundwater, when the substance is applied in regions with vulnerable soil and/or climatic conditions;

| (c) | the risk to aquatic organisms; |
| --- | --- |

(c)

the risk to aquatic organisms;

| (d) | the risk to soil and sediment-dwelling organisms. |
| --- | --- |

(d)

the risk to soil and sediment-dwelling organisms.

Conditions of use shall include risk mitigation measures, where appropriate.

---

(1)  Further details on identity and specification of active substance are provided in the review report.

---

ANNEX II

In Part B of the Annex to Implementing Regulation (EU) No 540/2011, the following entry is added:

| Number | Common Name, Identification Numbers | IUPAC Name | Purity (*1) | Date of approval | Expiration of approval | Specific provisions |
| --- | --- | --- | --- | --- | --- | --- |
| ‘43 | Bixafen
  CAS No 581809-46-3
  CIPAC No 819 | N-(3′,4′-dichloro-5-fluorobiphenyl-2-yl)-3-(difluoromethyl)-1-methylpyrazole-4-carboxamide | ≥ 950 g/kg | 1 October 2013 | 30 September 2023 | For the implementation of the uniform principles as referred to in Article 29(6) of Regulation (EC) No 1107/2009, the conclusions of the review report on bixafen, and in particular Appendices I and II thereof, as finalised in the Standing Committee on the Food Chain and Animal Health on 15 March 2013 shall be taken into account.
  In this overall assessment Member States shall pay particular attention to:






  (a) | the residues of bixafen and of its metabolites in rotational crops; |

Number

Common Name, Identification Numbers

IUPAC Name

Purity (*1)

Date of approval

Expiration of approval

Specific provisions

‘43

Bixafen

CAS No 581809-46-3

CIPAC No 819

N-(3′,4′-dichloro-5-fluorobiphenyl-2-yl)-3-(difluoromethyl)-1-methylpyrazole-4-carboxamide

≥ 950 g/kg

1 October 2013

30 September 2023

For the implementation of the uniform principles as referred to in Article 29(6) of Regulation (EC) No 1107/2009, the conclusions of the review report on bixafen, and in particular Appendices I and II thereof, as finalised in the Standing Committee on the Food Chain and Animal Health on 15 March 2013 shall be taken into account.

In this overall assessment Member States shall pay particular attention to:

(a)

the residues of bixafen and of its metabolites in rotational crops;

| (b) | the protection of groundwater, when the substance is applied in regions with vulnerable soil and/or climatic conditions; |
| --- | --- |

(b)

the protection of groundwater, when the substance is applied in regions with vulnerable soil and/or climatic conditions;

| (c) | the risk to aquatic organisms; |
| --- | --- |

(c)

the risk to aquatic organisms;

| (d) | the risk to soil and sediment-dwelling organisms. |
| --- | --- |

(d)

the risk to soil and sediment-dwelling organisms.

Conditions of use shall include risk mitigation measures, where appropriate.’

---

(*1)  Further details on identity and specification of active substance are provided in the review report.

*1

---

| 18.4.2013 | EN | Official Journal of the European Union | L 108/13 |
| --- | --- | --- | --- |

18.4.2013

EN

Official Journal of the European Union

L 108/13

---

COMMISSION IMPLEMENTING REGULATION (EU) No 351/2013

of 17 April 2013

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

THE EUROPEAN COMMISSION,

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

Having regard to Council Regulation (EC) No 1234/2007 of 22 October 2007 establishing a common organisation of agricultural markets and on specific provisions for certain agricultural products (Single CMO Regulation) (1),

Having regard to Commission Implementing Regulation (EU) No 543/2011 of 7 June 2011 laying down detailed rules for the application of Council Regulation (EC) No 1234/2007 in respect of the fruit and vegetables and processed fruit and vegetables sectors (2), and in particular Article 136(1) thereof,

Whereas:

| (1) | Implementing Regulation (EU) No 543/2011 lays down, pursuant to the outcome of the Uruguay Round multilateral trade negotiations, the criteria whereby the Commission fixes the standard values for imports from third countries, in respect of the products and periods stipulated in Annex XVI, Part A thereto. |
| --- | --- |

(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, |
| --- | --- |

(2)

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

HAS ADOPTED THIS REGULATION:

Article 1

The standard import values referred to in Article 136 of Implementing Regulation (EU) No 543/2011 are fixed in the Annex to this Regulation.

Article 2

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

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

Done at Brussels, 17 April 2013.

For the Commission, On behalf of the President,

Jerzy PLEWA

Director-General for Agriculture and Rural Development

---

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

1

(2)  
  OJ L 157, 15.6.2011, p. 1.

2

---

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 | 57,3 |
| TN | 100,8 |
| TR | 112,7 |
| ZZ | 90,3 |
| 0707 00 05 | AL | 46,1 |
| JO | 158,2 |
| TR | 133,2 |
| ZZ | 112,5 |
| 0709 93 10 | MA | 91,2 |
| TR | 114,2 |
| ZZ | 102,7 |
| 0805 10 20 | EG | 49,3 |
| IL | 65,4 |
| MA | 64,1 |
| TN | 66,4 |
| TR | 70,7 |
| US | 84,5 |
| ZZ | 66,7 |
| 0805 50 10 | TR | 83,4 |
| ZA | 98,0 |
| ZZ | 90,7 |
| 0808 10 80 | AR | 118,4 |
| BR | 88,9 |
| CL | 116,4 |
| CN | 77,0 |
| MK | 30,8 |
| NZ | 146,8 |
| US | 207,3 |
| ZA | 99,1 |
| ZZ | 110,6 |
| 0808 30 90 | AR | 123,0 |
| CL | 137,1 |
| CN | 72,9 |
| TR | 204,5 |
| ZA | 115,8 |
| ZZ | 130,7 |

(EUR/100 kg)

CN code

Third country code (1)

Standard import value

0702 00 00

MA

57,3

TN

100,8

TR

112,7

ZZ

90,3

0707 00 05

AL

46,1

JO

158,2

TR

133,2

ZZ

112,5

0709 93 10

MA

91,2

TR

114,2

ZZ

102,7

0805 10 20

EG

49,3

IL

65,4

MA

64,1

TN

66,4

TR

70,7

US

84,5

ZZ

66,7

0805 50 10

TR

83,4

ZA

98,0

ZZ

90,7

0808 10 80

AR

118,4

BR

88,9

CL

116,4

CN

77,0

MK

30,8

NZ

146,8

US

207,3

ZA

99,1

ZZ

110,6

0808 30 90

AR

123,0

CL

137,1

CN

72,9

TR

204,5

ZA

115,8

ZZ

130,7

---

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

---

| 18.4.2013 | EN | Official Journal of the European Union | L 108/15 |
| --- | --- | --- | --- |

18.4.2013

EN

Official Journal of the European Union

L 108/15

---

COMMISSION IMPLEMENTING REGULATION (EU) No 352/2013

of 17 April 2013

on the issue of licences for the import of garlic in the subperiod from 1 June 2013 to 31 August 2013

THE EUROPEAN COMMISSION,

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

Having regard to Council Regulation (EC) No 1234/2007 of 22 October 2007 establishing a common organisation of agricultural markets and on specific provisions for certain agricultural products (Single CMO Regulation) (1),

Having regard to Commission Regulation (EC) No 1301/2006 of 31 August 2006 laying down common rules for the administration of import tariff quotas for agricultural products managed by a system of import licences (2), and in particular Article 7(2) thereof,

Whereas:

| (1) | Commission Regulation (EC) No 341/2007 (3) opens and provides for the administration of tariff quotas and introduces a system of import licences and certificates of origin for garlic and other agricultural products imported from third countries. |
| --- | --- |

(1)

Commission Regulation (EC) No 341/2007 (3) opens and provides for the administration of tariff quotas and introduces a system of import licences and certificates of origin for garlic and other agricultural products imported from third countries.

| (2) | The quantities for which ‘A’ licence applications have been lodged by traditional importers and by new importers during the first seven working days of April 2013, pursuant to Article 10(1) of Regulation (EC) No 341/2007 exceed the quantities available for products originating in China. |
| --- | --- |

(2)

The quantities for which ‘A’ licence applications have been lodged by traditional importers and by new importers during the first seven working days of April 2013, pursuant to Article 10(1) of Regulation (EC) No 341/2007 exceed the quantities available for products originating in China.

| (3) | Therefore, in accordance with Article 7(2) of Regulation (EC) No 1301/2006, it is now necessary to establish the extent to which the ‘A’ licence applications sent to the Commission by 14 April 2013 can be met in accordance with Article 12 of Regulation (EC) No 341/2007. |
| --- | --- |

(3)

Therefore, in accordance with Article 7(2) of Regulation (EC) No 1301/2006, it is now necessary to establish the extent to which the ‘A’ licence applications sent to the Commission by 14 April 2013 can be met in accordance with Article 12 of Regulation (EC) No 341/2007.

| (4) | In order to ensure sound management of the procedure of issuing import licences, the present Regulation should enter into force immediately after its publication, |
| --- | --- |

(4)

In order to ensure sound management of the procedure of issuing import licences, the present Regulation should enter into force immediately after its publication,

HAS ADOPTED THIS REGULATION:

Article 1

Applications for ‘A’ import licences lodged pursuant to Article 10(1) of Regulation (EC) No 341/2007 during the first seven working days of April 2013 and sent to the Commission by 14 April 2013 shall be met at a percentage rate of the quantities applied for as set out in the Annex to this Regulation.

Article 2

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

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

Done at Brussels, 17 April 2013.

For the Commission, On behalf of the President,

Jerzy PLEWA

Director-General for Agriculture and Rural Development

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

1

(2)  
  OJ L 238, 1.9.2006, p. 13.

2

(3)  
  OJ L 90, 30.3.2007, p. 12.

3

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ANNEX

| Origin | Order number | Allocation coefficient |
| --- | --- | --- |
| Argentina |
| — | Traditional importers |

Origin

Order number

Allocation coefficient

Argentina

—

Traditional importers

09.4104

X

| — | New importers |
| --- | --- |

—

New importers

09.4099

X

China

| — | Traditional importers |
| --- | --- |

—

Traditional importers

09.4105

45,999909  %

| — | New importers |
| --- | --- |

—

New importers

09.4100

0,406555  %

Other third countries

| — | Traditional importers |
| --- | --- |

—

Traditional importers

09.4106

—

| — | New importers |
| --- | --- |

—

New importers

09.4102

100  %

‘X’: No quota for this origin for the subperiod in question.

‘—’: No application for a licence has been sent to the Commission.

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