# Official Journal L 30/2012

| | ISSN 1977-0677
  doi:10.3000/19770677.L_2012.030.eng |
| --- | --- |
| Official Journal
  of the European Union | L 30 |
| | |
| English edition | Legislation | Volume 552 February 2012 |

ISSN 1977-0677

doi:10.3000/19770677.L_2012.030.eng

Official Journal

of the European Union

L 30

English edition

Legislation

Volume 552 February 2012

---

| Contents | | II   Non-legislative acts | page |
| --- | --- | --- | --- |
| | | REGULATIONS |
| | * | Commission Implementing Regulation (EU) No 84/2012 of 1 February 2012 amending the Annex to Regulation (EU) No 37/2010 on pharmacologically active substances and their classification regarding maximum residue limits in foodstuffs of animal origin, as regards the substance phenoxymethylpenicillin (
  1
  ) | 1 |
| | * | Commission Implementing Regulation (EU) No 85/2012 of 1 February 2012 amending the Annex to Regulation (EU) No 37/2010 on pharmacologically active substances and their classification regarding maximum residue limits in foodstuffs of animal origin, as regards the substance altrenogest (
  1
  ) | 4 |
| | * | Commission Implementing Regulation (EU) No 86/2012 of 1 February 2012 amending the Annex to Regulation (EU) No 37/2010 on pharmacologically active substances and their classification regarding maximum residue limits in foodstuffs of animal origin, as regards the substance lasalocid (
  1
  ) | 6 |
| | * | Commission Implementing Regulation (EU) No 87/2012 of 1 February 2012 amending Implementing Regulation (EU) No 540/2011 as regards the conditions of approval of the active substance clethodim (
  1
  ) | 8 |
| | * | Commission Implementing Regulation (EU) No 88/2012 of 1 February 2012 amending Regulation (EC) No 1210/2003 concerning certain specific restrictions on economic and financial relations with Iraq | 11 |
| | | Commission Implementing Regulation (EU) No 89/2012 of 1 February 2012 establishing the standard import values for determining the entry price of certain fruit and vegetables | 13 |
| | | DECISIONS |
| | | 2012/58/EU |
| | * | Council Decision of 23 January 2012 on the launch of automated data exchange with regard to DNA data in the Czech Republic | 15 |
| | | 2012/59/EU |
| | * | Council Decision of 24 January 2012 appointing three members of the European Statistical Governance Advisory Board | 17 |
| | | 2012/60/EU |
| | * | Council Decision of 24 January 2012 appointing seven members of the Court of Auditors | 18 |
| | | 2012/61/EU |
| | * | Council Decision of 27 January 2012 amending Decision 1999/70/EC concerning the external auditors of the national central banks, as regards the external auditors of the De Nederlandsche Bank | 19 |
| | | 2012/62/EU |
| | * | Council Decision of 27 January 2012 appointing a Spanish alternate member of the Committee of the Regions | 20 |
| | | 2012/63/EU |
| | * | Commission Decision of 31 October 2011 — State aid SA. 30931 (C/11) — Romania — Aid scheme for the development of air transport infrastructure
  (notified under document C(2011) 7863)

   (
  1
  ) | 21 |

Contents

II   Non-legislative acts

page

REGULATIONS

*

Commission Implementing Regulation (EU) No 84/2012 of 1 February 2012 amending the Annex to Regulation (EU) No 37/2010 on pharmacologically active substances and their classification regarding maximum residue limits in foodstuffs of animal origin, as regards the substance phenoxymethylpenicillin (
  1
  )

1

1

*

Commission Implementing Regulation (EU) No 85/2012 of 1 February 2012 amending the Annex to Regulation (EU) No 37/2010 on pharmacologically active substances and their classification regarding maximum residue limits in foodstuffs of animal origin, as regards the substance altrenogest (
  1
  )

1

4

*

Commission Implementing Regulation (EU) No 86/2012 of 1 February 2012 amending the Annex to Regulation (EU) No 37/2010 on pharmacologically active substances and their classification regarding maximum residue limits in foodstuffs of animal origin, as regards the substance lasalocid (
  1
  )

1

6

*

Commission Implementing Regulation (EU) No 87/2012 of 1 February 2012 amending Implementing Regulation (EU) No 540/2011 as regards the conditions of approval of the active substance clethodim (
  1
  )

1

8

*

Commission Implementing Regulation (EU) No 88/2012 of 1 February 2012 amending Regulation (EC) No 1210/2003 concerning certain specific restrictions on economic and financial relations with Iraq

11

Commission Implementing Regulation (EU) No 89/2012 of 1 February 2012 establishing the standard import values for determining the entry price of certain fruit and vegetables

13

DECISIONS

2012/58/EU

*

Council Decision of 23 January 2012 on the launch of automated data exchange with regard to DNA data in the Czech Republic

15

2012/59/EU

*

Council Decision of 24 January 2012 appointing three members of the European Statistical Governance Advisory Board

17

2012/60/EU

*

Council Decision of 24 January 2012 appointing seven members of the Court of Auditors

18

2012/61/EU

*

Council Decision of 27 January 2012 amending Decision 1999/70/EC concerning the external auditors of the national central banks, as regards the external auditors of the De Nederlandsche Bank

19

2012/62/EU

*

Council Decision of 27 January 2012 appointing a Spanish alternate member of the Committee of the Regions

20

2012/63/EU

*

Commission Decision of 31 October 2011 — State aid SA. 30931 (C/11) — Romania — Aid scheme for the development of air transport infrastructure
  (notified under document C(2011) 7863)

   (
  1
  )

(notified under document C(2011) 7863)

1

21

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

---

(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.

---

II Non-legislative acts

REGULATIONS

| 2.2.2012 | EN | Official Journal of the European Union | L 30/1 |
| --- | --- | --- | --- |

2.2.2012

EN

Official Journal of the European Union

L 30/1

---

COMMISSION IMPLEMENTING REGULATION (EU) No 84/2012

of 1 February 2012

amending the Annex to Regulation (EU) No 37/2010 on pharmacologically active substances and their classification regarding maximum residue limits in foodstuffs of animal origin, as regards the substance phenoxymethylpenicillin

(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 of 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) | The maximum residue limit 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 should be established in accordance with Regulation (EC) No 470/2009. |
| --- | --- |

(1)

The maximum residue limit 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 should be established in accordance with Regulation (EC) No 470/2009.

| (2) | Pharmacologically active substances and their classification regarding maximum residue limits in foodstuffs of animal origin are set out in the Annex to 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 (2). |
| --- | --- |

(2)

Pharmacologically active substances and their classification regarding maximum residue limits in foodstuffs of animal origin are set out in the Annex to 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 (2).

| (3) | Phenoxymethylpenicillin is currently included in Table 1 of the Annex to Regulation (EU) No 37/2010 as an allowed substance, for porcine species, applicable to muscle, liver and kidney and for poultry species, applicable to muscle, skin and fat, liver and kidney, excluding animals from which eggs are produced for human consumption. |
| --- | --- |

(3)

Phenoxymethylpenicillin is currently included in Table 1 of the Annex to Regulation (EU) No 37/2010 as an allowed substance, for porcine species, applicable to muscle, liver and kidney and for poultry species, applicable to muscle, skin and fat, liver and kidney, excluding animals from which eggs are produced for human consumption.

| (4) | An application for the extension of the existing entry for phenoxymethylpenicillin to include eggs for poultry species has been submitted to the European Medicines Agency. |
| --- | --- |

(4)

An application for the extension of the existing entry for phenoxymethylpenicillin to include eggs for poultry species has been submitted to the European Medicines Agency.

| (5) | The Committee for Medicinal Products for Veterinary Use has recommended establishing a maximum residue limit (hereinafter ‘MRL’) for phenoxymethylpenicillin for porcine species, applicable to muscle, liver and kidney and for poultry species, applicable to muscle, skin and fat, liver, kidney and eggs. |
| --- | --- |

(5)

The Committee for Medicinal Products for Veterinary Use has recommended establishing a maximum residue limit (hereinafter ‘MRL’) for phenoxymethylpenicillin for porcine species, applicable to muscle, liver and kidney and for poultry species, applicable to muscle, skin and fat, liver, kidney and eggs.

| (6) | The entry for phenoxymethylpenicillin in Table 1 of the Annex to Regulation (EU) No 37/2010 should therefore be amended to include the MRL for eggs for poultry species. |
| --- | --- |

(6)

The entry for phenoxymethylpenicillin in Table 1 of the Annex to Regulation (EU) No 37/2010 should therefore be amended to include the MRL for eggs for poultry species.

| (7) | It is appropriate to provide for a reasonable period of time for the stakeholders concerned to take measures that may be required to comply with the newly set MRL. |
| --- | --- |

(7)

It is appropriate to provide for a reasonable period of time for the stakeholders concerned to take measures that may be required to comply with the newly set MRL.

| (8) | The measures provided for in this Regulation are in accordance with the opinion of the Standing Committee on Veterinary Medicinal Products, |
| --- | --- |

(8)

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 third day following its publication in the Official Journal of the European Union.

It shall apply from 2 April 2012.

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

Done at Brussels, 1 February 2012.

For the Commission

The President

José Manuel BARROSO

---

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

1

(2)  
  OJ L 15, 20.1.2010, p. 1.

2

---

ANNEX

The entry for phenoxymethylpenicillin in Table 1 of the Annex to Regulation (EU) No 37/2010 is replaced by the following:

| 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 |
| --- | --- | --- | --- | --- | --- | --- |
| ‘Phenoxymethylpenicillin | Phenoxymethylpenicillin | Porcine | 25  μg/kg | Muscle | NO ENTRY | Anti-infectious agents/Antibiotics’ |
| 25  μg/kg | Liver |
| 25  μg/kg | Kidney |
| Poultry | 25  μg/kg | Muscle |
| 25  μg/kg | Skin and fat |
| 25  μg/kg | Liver |
| 25  μg/kg | Kidney |
| 25  μg/kg | Eggs |

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

‘Phenoxymethylpenicillin

Phenoxymethylpenicillin

Porcine

25  μg/kg

Muscle

NO ENTRY

Anti-infectious agents/Antibiotics’

25  μg/kg

Liver

25  μg/kg

Kidney

Poultry

25  μg/kg

Muscle

25  μg/kg

Skin and fat

25  μg/kg

Liver

25  μg/kg

Kidney

25  μg/kg

Eggs

---

| 2.2.2012 | EN | Official Journal of the European Union | L 30/4 |
| --- | --- | --- | --- |

2.2.2012

EN

Official Journal of the European Union

L 30/4

---

COMMISSION IMPLEMENTING REGULATION (EU) No 85/2012

of 1 February 2012

amending the Annex to Regulation (EU) No 37/2010 on pharmacologically active substances and their classification regarding maximum residue limits in foodstuffs of animal origin, as regards the substance altrenogest

(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) | The maximum residue limit 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 should be established in accordance with Regulation (EC) No 470/2009. |
| --- | --- |

(1)

The maximum residue limit 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 should be established in accordance with Regulation (EC) No 470/2009.

| (2) | Pharmacologically active substances and their classification regarding maximum residue limits in foodstuffs of animal origin are set out in the Annex to 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 (2). |
| --- | --- |

(2)

Pharmacologically active substances and their classification regarding maximum residue limits in foodstuffs of animal origin are set out in the Annex to 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 (2).

| (3) | Altrenogest is currently included in Table 1 of the Annex to Regulation (EU) No 37/2010 as an allowed substance, for porcine species, applicable to skin, fat and liver and to equidae species, applicable to fat and liver. |
| --- | --- |

(3)

Altrenogest is currently included in Table 1 of the Annex to Regulation (EU) No 37/2010 as an allowed substance, for porcine species, applicable to skin, fat and liver and to equidae species, applicable to fat and liver.

| (4) | An application for the modification of the existing entry for altrenogest has been submitted to the European Medicines Agency. |
| --- | --- |

(4)

An application for the modification of the existing entry for altrenogest has been submitted to the European Medicines Agency.

| (5) | Additional data were provided and assessed leading the Committee for Medicinal Products for Veterinary Use to recommend the modification of the current MRLs for altrenogest. |
| --- | --- |

(5)

Additional data were provided and assessed leading the Committee for Medicinal Products for Veterinary Use to recommend the modification of the current MRLs for altrenogest.

| (6) | The entry for altrenogest in Table 1 of the Annex to Regulation (EU) No 37/2010 should therefore be amended accordingly. |
| --- | --- |

(6)

The entry for altrenogest in Table 1 of the Annex to Regulation (EU) No 37/2010 should therefore be amended accordingly.

| (7) | It is appropriate to provide for a reasonable period of time for the stakeholders concerned to take measures that may be required to comply with the newly set MRL. |
| --- | --- |

(7)

It is appropriate to provide for a reasonable period of time for the stakeholders concerned to take measures that may be required to comply with the newly set MRL.

| (8) | The measures provided for in this Regulation are in accordance with the opinion of the Standing Committee on Veterinary Medicinal Products, |
| --- | --- |

(8)

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 third day following its publication in the Official Journal of the European Union.

It shall apply from 2 April 2012.

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

Done at Brussels, 1 February 2012.

For the Commission

The President

José Manuel BARROSO

---

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

1

(2)  
  OJ L 15, 20.1.2010, p. 1.

2

---

ANNEX

In Table 1 of the Annex to Regulation (EU) No 37/2010, the entry for the substance altrenogest is replaced by the following:

| 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 |
| --- | --- | --- | --- | --- | --- | --- |
| ‘Altrenogest | Altrenogest | Porcine | 4  μg/kg | Skin and fat | Only for zootechnical use and in accordance with the provisions of Directive 96/22/EC | Agents acting on the reproductive system’ |
| 2  μg/kg | Liver |
| Equidae | 4  μg/kg | Fat |
| 4  μg/kg | Liver |

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

‘Altrenogest

Altrenogest

Porcine

4  μg/kg

Skin and fat

Only for zootechnical use and in accordance with the provisions of Directive 96/22/EC

Agents acting on the reproductive system’

2  μg/kg

Liver

Equidae

4  μg/kg

Fat

4  μg/kg

Liver

---

| 2.2.2012 | EN | Official Journal of the European Union | L 30/6 |
| --- | --- | --- | --- |

2.2.2012

EN

Official Journal of the European Union

L 30/6

---

COMMISSION IMPLEMENTING REGULATION (EU) No 86/2012

of 1 February 2012

amending the Annex to Regulation (EU) No 37/2010 on pharmacologically active substances and their classification regarding maximum residue limits in foodstuffs of animal origin, as regards the substance lasalocid

(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 of 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) | The maximum residue limit (‧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 should be established in accordance with Regulation (EC) No 470/2009. |
| --- | --- |

(1)

The maximum residue limit (‧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 should be established in accordance with Regulation (EC) No 470/2009.

| (2) | Pharmacologically active substances and their classification regarding maximum residue limits in foodstuffs of animal origin are set out in the Annex to 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 (2). |
| --- | --- |

(2)

Pharmacologically active substances and their classification regarding maximum residue limits in foodstuffs of animal origin are set out in the Annex to 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 (2).

| (3) | Lasalocid is currently included in Table 1 of the Annex to Regulation (EU) No 37/2010 as an allowed substance for poultry species, applicable to muscle, skin and fat, liver, kidney and eggs. |
| --- | --- |

(3)

Lasalocid is currently included in Table 1 of the Annex to Regulation (EU) No 37/2010 as an allowed substance for poultry species, applicable to muscle, skin and fat, liver, kidney and eggs.

| (4) | An application for the extension of the existing entry to include bovine species has been submitted to the European Medicines Agency. |
| --- | --- |

(4)

An application for the extension of the existing entry to include bovine species has been submitted to the European Medicines Agency.

| (5) | The Committee for Medicinal Products for Veterinary Use has recommended the extension of that entry to cover bovine species, applicable to muscle, fat, liver and kidney, excluding animals producing milk for human consumption. |
| --- | --- |

(5)

The Committee for Medicinal Products for Veterinary Use has recommended the extension of that entry to cover bovine species, applicable to muscle, fat, liver and kidney, excluding animals producing milk for human consumption.

| (6) | The entry for lasalocid in Table 1 of the Annex to Regulation (EU) No 37/2010 should therefore be amended to include bovine species. |
| --- | --- |

(6)

The entry for lasalocid in Table 1 of the Annex to Regulation (EU) No 37/2010 should therefore be amended to include bovine species.

| (7) | It is appropriate to provide for a reasonable period of time for the stakeholders concerned to take measures that may be required to comply with the newly set MRL. |
| --- | --- |

(7)

It is appropriate to provide for a reasonable period of time for the stakeholders concerned to take measures that may be required to comply with the newly set MRL.

| (8) | The measures provided for in this Regulation are in accordance with the opinion of the Standing Committee on Veterinary Medicinal Products, |
| --- | --- |

(8)

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 third day following its publication in the Official Journal of the European Union.

It shall apply from 2 April 2012.

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

Done at Brussels, 1 February 2012.

For the Commission

The President

José Manuel BARROSO

---

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

1

(2)  
  OJ L 15, 20.1.2010, p. 1.

2

---

ANNEX

The entry for lasalocid in Table 1 of the Annex to Regulation (EU) No 37/2010 is replaced by the following:

| 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 |
| --- | --- | --- | --- | --- | --- | --- |
| ‘Lasalocid | Lasalocid A | Poultry | 20  μg/kg | Muscle | NO ENTRY | Anti-infectious agents/Antibiotics’ |
| 100  μg/kg | Skin and fat |
| 100  μg/kg | Liver |
| 50  μg/kg | Kidney |
| 150  μg/kg | Eggs |
| Bovine | 10  μg/kg | Muscle | Not for use in animals from which milk is produced for human consumption |
| 20  μg/kg | Fat |
| 100  μg/kg | Liver |
| 20  μg/kg | Kidney |

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

‘Lasalocid

Lasalocid A

Poultry

20  μg/kg

Muscle

NO ENTRY

Anti-infectious agents/Antibiotics’

100  μg/kg

Skin and fat

100  μg/kg

Liver

50  μg/kg

Kidney

150  μg/kg

Eggs

Bovine

10  μg/kg

Muscle

Not for use in animals from which milk is produced for human consumption

20  μg/kg

Fat

100  μg/kg

Liver

20  μg/kg

Kidney

---

| 2.2.2012 | EN | Official Journal of the European Union | L 30/8 |
| --- | --- | --- | --- |

2.2.2012

EN

Official Journal of the European Union

L 30/8

---

COMMISSION IMPLEMENTING REGULATION (EU) No 87/2012

of 1 February 2012

amending Implementing Regulation (EU) No 540/2011 as regards the conditions of approval of the active substance clethodim

(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)(c) thereof,

Whereas:

| (1) | By Commission Directive 2011/21/EU (2) clethodim was included as active substance in Annex I to Directive 91/414/EEC for uses as herbicide on sugar beet. Since the replacement of Directive 91/414/EEC by Regulation (EC) No 1107/2009, this substance is deemed to have been approved under that Regulation and is listed in Part A of 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 (3). |
| --- | --- |

(1)

By Commission Directive 2011/21/EU (2) clethodim was included as active substance in Annex I to Directive 91/414/EEC for uses as herbicide on sugar beet. Since the replacement of Directive 91/414/EEC by Regulation (EC) No 1107/2009, this substance is deemed to have been approved under that Regulation and is listed in Part A of 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 (3).

| (2) | On 14 February 2011 Arysta LifeScience, at whose request clethodim was included in Annex I to Directive 91/414/EEC, submitted an application for an amendment to the conditions of inclusion of clethodim to allow its use as a herbicide on crops other than sugar beet. That application was accompanied by additional information. It was submitted to the Netherlands, which had been designated rapporteur Member State by Commission Regulation (EC) No 1490/2002 (4). |
| --- | --- |

(2)

On 14 February 2011 Arysta LifeScience, at whose request clethodim was included in Annex I to Directive 91/414/EEC, submitted an application for an amendment to the conditions of inclusion of clethodim to allow its use as a herbicide on crops other than sugar beet. That application was accompanied by additional information. It was submitted to the Netherlands, which had been designated rapporteur Member State by Commission Regulation (EC) No 1490/2002 (4).

| (3) | The Netherlands evaluated the additional information submitted by the applicant and prepared an addendum to the draft assessment report. It submitted that addendum to the Commission on 28 March 2011. The Netherlands communicated the addendum to the other Member States and to the European Food Safety Authority (hereinafter ‘the Authority’) for comments and forwarded the comments received to the Commission. |
| --- | --- |

(3)

The Netherlands evaluated the additional information submitted by the applicant and prepared an addendum to the draft assessment report. It submitted that addendum to the Commission on 28 March 2011. The Netherlands communicated the addendum to the other Member States and to the European Food Safety Authority (hereinafter ‘the Authority’) for comments and forwarded the comments received to the Commission.

| (4) | The Authority organised a consultation of experts on the addendum to the draft assessment report. On 15 October 2011 the Authority communicated its conclusion to the applicant, the Member States and the Commission and made it available to the public. Taking into account the comments received from the applicant, the Authority modified its conclusion. It submitted its modified conclusion to the applicant, the Member States and the Commission and made it available to the public on 18 November 2011 (5). |
| --- | --- |

(4)

The Authority organised a consultation of experts on the addendum to the draft assessment report. On 15 October 2011 the Authority communicated its conclusion to the applicant, the Member States and the Commission and made it available to the public. Taking into account the comments received from the applicant, the Authority modified its conclusion. It submitted its modified conclusion to the applicant, the Member States and the Commission and made it available to the public on 18 November 2011 (5).

| (5) | In accordance with Article 13(1) of Regulation (EC) No 1107/2009 the Commission invited the applicant to submit its comments on the review report for clethodim. The notifier submitted its comments, which have been carefully examined. |
| --- | --- |

(5)

In accordance with Article 13(1) of Regulation (EC) No 1107/2009 the Commission invited the applicant to submit its comments on the review report for clethodim. The notifier submitted its comments, which have been carefully examined.

| (6) | The addendum to 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 were finalised on 9 December 2011 in the format of the Commission review report for clethodim. |
| --- | --- |

(6)

The addendum to 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 were finalised on 9 December 2011 in the format of the Commission review report for clethodim.

| (7) | It has appeared from the various examinations carried out that the restriction to sugar beets of the use of plant protection products consisting of or containing clethodim may be lifted. |
| --- | --- |

(7)

It has appeared from the various examinations carried out that the restriction to sugar beets of the use of plant protection products consisting of or containing clethodim may be lifted.

| (8) | The Annex to Implementing Regulation (EU) No 540/2011 should therefore be amended accordingly. |
| --- | --- |

(8)

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

| (9) | The measures provided for in this Regulation are in accordance with the opinion of the Standing Committee on the Food Chain and Animal Health, |
| --- | --- |

(9)

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

Amendment to Implementing Regulation (EU) No 540/2011

Part A of the Annex to Implementing Regulation (EU) No 540/2011 is amended in accordance with the Annex to this Regulation.

Article 2

Entry into force

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

Official Journal of the European Union

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

Done at Brussels, 1 February 2012.

For the Commission

The President

José Manuel BARROSO

---

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

1

(2)  
  OJ L 58, 3.3.2011, p. 49.

2

(3)  
  OJ L 153, 11.6.2011, p. 1.

3

(4)  
  OJ L 224, 21.8.2002, p. 23.

4

(5)  Conclusion on the peer review of the pesticide risk assessment of the active substance clethodim. EFSA Journal 2011; 9(10):2417. [99pp.] doi:10.2903/j.efsa.2011.2417. Available online: www.efsa.europa.eu/efsajournal

5

EFSA Journal

---

ANNEX

In Part A of the Annex to Implementing Regulation (EU) No 540/2011, row 329 on the active substance clethodim is replaced by the following:

| Number | Common name, identification numbers | IUPAC name | Purity | Date of approval | Expiration of approval | Specific provisions |
| --- | --- | --- | --- | --- | --- | --- |
| ‘329 | Clethodim
  CAS No 99129-21-2

  CIPAC No 508 | (5RS)-2-{(1EZ)-1-[(2E)-3-chloroallyloxyimino]propyl}-5-[(2RS)-2-(ethylthio)propyl]-3-hydroxycyclohex-2-en-1-one | ≥ 930 g/kg
  Impurities:
  toluene max. 4 g/kg | 1 June 2011 | 31 May 2021 | PART A
  Only uses as herbicide may be authorised.
  PART B
  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 clethodim, and in particular Appendices I and II thereof, as finalised in the Standing Committee on the Food Chain and Animal Health on 9 December 2011 shall be taken into account.
  In this overall assessment Member States shall pay particular attention to the protection to aquatic organisms, birds and mammals, and shall ensure that conditions of use include the application of adequate risk mitigation measures.
  The Member States concerned shall request the submission of confirmatory information, on the basis of most recent scientific knowledge, as regards:






  — | the soil and groundwater exposure assessments, |

Number

Common name, identification numbers

IUPAC name

Purity

Date of approval

Expiration of approval

Specific provisions

‘329

Clethodim

CAS No 99129-21-2

CIPAC No 508

(5RS)-2-{(1EZ)-1-[(2E)-3-chloroallyloxyimino]propyl}-5-[(2RS)-2-(ethylthio)propyl]-3-hydroxycyclohex-2-en-1-one

≥ 930 g/kg

Impurities:

toluene max. 4 g/kg

1 June 2011

31 May 2021

PART A

Only uses as herbicide may be authorised.

PART B

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 clethodim, and in particular Appendices I and II thereof, as finalised in the Standing Committee on the Food Chain and Animal Health on 9 December 2011 shall be taken into account.

In this overall assessment Member States shall pay particular attention to the protection to aquatic organisms, birds and mammals, and shall ensure that conditions of use include the application of adequate risk mitigation measures.

The Member States concerned shall request the submission of confirmatory information, on the basis of most recent scientific knowledge, as regards:

—

the soil and groundwater exposure assessments,

| — | the residue definition for risk assessment. |
| --- | --- |

—

the residue definition for risk assessment.

The Member States concerned shall ensure that the applicant submits such confirmatory information to the Commission by 31 May 2013.’

---

| 2.2.2012 | EN | Official Journal of the European Union | L 30/11 |
| --- | --- | --- | --- |

2.2.2012

EN

Official Journal of the European Union

L 30/11

---

COMMISSION IMPLEMENTING REGULATION (EU) No 88/2012

of 1 February 2012

amending Regulation (EC) No 1210/2003 concerning certain specific restrictions on economic and financial relations with Iraq

THE EUROPEAN COMMISSION,

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

Having regard to Council Regulation (EC) No 1210/2003 of 7 July 2003 concerning certain specific restrictions on economic and financial relations with Iraq, (1) and in particular Article 11(b) thereof,

Whereas:

| (1) | Annex IV to Regulation (EC) No 1210/2003 lists the natural and legal persons, bodies or entities associated with the regime of former President Saddam Hussein covered by the freezing of funds and economic resources under that Regulation. |
| --- | --- |

(1)

Annex IV to Regulation (EC) No 1210/2003 lists the natural and legal persons, bodies or entities associated with the regime of former President Saddam Hussein covered by the freezing of funds and economic resources under that Regulation.

| (2) | On 2 June 2011, the Sanctions Committee of the United Nations Security Council decided to remove two natural persons from the list of persons or entities to whom the freezing of funds and economic resources should apply, with reference to paragraph 23(b) of Resolution 1483(2003) of the United Nations Security Council. Furthermore, on 6 December 2011 the Sanctions Committee decided to remove one natural person from this list. |
| --- | --- |

(2)

On 2 June 2011, the Sanctions Committee of the United Nations Security Council decided to remove two natural persons from the list of persons or entities to whom the freezing of funds and economic resources should apply, with reference to paragraph 23(b) of Resolution 1483(2003) of the United Nations Security Council. Furthermore, on 6 December 2011 the Sanctions Committee decided to remove one natural person from this list.

| (3) | Annex V to Regulation (EC) No 1210/2003 lists the competent authorities to which specific functions relating to the implementation of that Regulation are attributed. This list should be updated on the basis of information received from Greece and Hungary. |
| --- | --- |

(3)

Annex V to Regulation (EC) No 1210/2003 lists the competent authorities to which specific functions relating to the implementation of that Regulation are attributed. This list should be updated on the basis of information received from Greece and Hungary.

| (4) | Annexes IV and V to Regulation (EC) No 1210/2003 should therefore be amended accordingly. |
| --- | --- |

(4)

Annexes IV and V to Regulation (EC) No 1210/2003 should therefore be amended accordingly.

HAS ADOPTED THIS REGULATION:

Article 1

Annex IV to Regulation (EC) No 1210/2003 is hereby amended as set out in Annex I to this Regulation.

Article 2

Annex V to Regulation (EC) No 1210/2003 is hereby amended as set out in Annex II to this Regulation.

Article 3

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, 1 February 2012.

For the Commission, On behalf of the President,

Head of the Service for Foreign Policy Instruments

---

(1)  
  OJ L 169, 8.7.2003, p. 6. Regulation as last amended by Council Regulation (EU) No 131/2011 (OJ L 41, 15.2.2011, p. 1).

1

---

ANNEX I

The following natural persons, bodies or entities shall be removed from Annex IV to Regulation (EC) No 1210/2003:

| (1) | Nabil Victor Karam. Date of birth: 1954. Addresses: (a) C/o Trading and Transport Services, Al-Razi Medical Complex, Jabal Al-Hussein, Amman, Jordan, (b) C/o Alfa Company Limited for International Trading and Marketing, P.O. Box 910606, Amman 11191, Jordan. Nationality: Lebanese. |
| --- | --- |

(1)

Nabil Victor Karam. Date of birth: 1954. Addresses: (a) C/o Trading and Transport Services, Al-Razi Medical Complex, Jabal Al-Hussein, Amman, Jordan, (b) C/o Alfa Company Limited for International Trading and Marketing, P.O. Box 910606, Amman 11191, Jordan. Nationality: Lebanese.

| (2) | Hikmat Jarjes Bahnam (alias Hikmat Gargees). Address: Baghdad, Iraq. Passport No 035667 (Iraqi). |
| --- | --- |

(2)

Hikmat Jarjes Bahnam (alias Hikmat Gargees). Address: Baghdad, Iraq. Passport No 035667 (Iraqi).

| (3) | Tarik Nasser S. Al Obaidi (alias (a) Tarik al'Ubaydi, (b) Tariq al'Ubaydi). Date of birth: 1945. Place of birth: Baghdad, Iraq. Address: Baghdad, Iraq. Passport No 212331 (Iraqi). |
| --- | --- |

(3)

Tarik Nasser S. Al Obaidi (alias (a) Tarik al'Ubaydi, (b) Tariq al'Ubaydi). Date of birth: 1945. Place of birth: Baghdad, Iraq. Address: Baghdad, Iraq. Passport No 212331 (Iraqi).

---

ANNEX II

Annex V to Regulation (EC) No 1210/2003 is amended as follows:

| (1) | The website address for information on the competent authority under the heading ‘GREECE’ shall be replaced with:

  ‘http://www1.mfa.gr/en/foreign-policy/global-issues/international-sanctions.html’ |
| --- | --- |

(1)

The website address for information on the competent authority under the heading ‘GREECE’ shall be replaced with:

‘http://www1.mfa.gr/en/foreign-policy/global-issues/international-sanctions.html’

| (2) | The website address for information on the competent authority under the heading ‘HUNGARY’ shall be replaced with:

  ‘http://www.kormany.hu/download/5/35/50000/ENSZBT-ET-szankcios-tajekoztato.pdf’ |
| --- | --- |

(2)

The website address for information on the competent authority under the heading ‘HUNGARY’ shall be replaced with:

‘http://www.kormany.hu/download/5/35/50000/ENSZBT-ET-szankcios-tajekoztato.pdf’

---

| 2.2.2012 | EN | Official Journal of the European Union | L 30/13 |
| --- | --- | --- | --- |

2.2.2012

EN

Official Journal of the European Union

L 30/13

---

COMMISSION IMPLEMENTING REGULATION (EU) No 89/2012

of 1 February 2012

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, 1 February 2012.

For the Commission, On behalf of the President,

José Manuel SILVA RODRÍGUEZ

Director-General for Agriculture and Rural Development

---

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

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 | IL | 138,3 |
| MA | 56,0 |
| TN | 80,7 |
| TR | 103,8 |
| ZZ | 94,7 |
| 0707 00 05 | EG | 217,9 |
| JO | 200,0 |
| MA | 148,6 |
| TR | 185,0 |
| ZZ | 187,9 |
| 0709 91 00 | EG | 317,7 |
| ZZ | 317,7 |
| 0709 93 10 | MA | 103,7 |
| TR | 160,6 |
| ZZ | 132,2 |
| 0805 10 20 | EG | 51,7 |
| MA | 54,6 |
| TN | 59,4 |
| TR | 65,2 |
| ZZ | 57,7 |
| 0805 20 10 | IL | 185,7 |
| MA | 83,5 |
| ZZ | 134,6 |
| 0805 20 30 , 0805 20 50 , 0805 20 70 , 0805 20 90 | CN | 61,2 |
| EG | 88,5 |
| IL | 107,4 |
| JM | 118,0 |
| KR | 91,8 |
| MA | 71,4 |
| PK | 55,0 |
| TR | 99,1 |
| ZZ | 86,6 |
| 0805 50 10 | EG | 69,0 |
| TR | 54,8 |
| ZZ | 61,9 |
| 0808 10 80 | CA | 118,4 |
| CL | 98,4 |
| CN | 90,2 |
| US | 157,1 |
| ZZ | 116,0 |
| 0808 30 90 | CN | 52,7 |
| TR | 95,1 |
| US | 164,8 |
| ZA | 93,2 |
| ZZ | 101,5 |

(EUR/100 kg)

CN code

Third country code (1)

Standard import value

0702 00 00

IL

138,3

MA

56,0

TN

80,7

TR

103,8

ZZ

94,7

0707 00 05

EG

217,9

JO

200,0

MA

148,6

TR

185,0

ZZ

187,9

0709 91 00

EG

317,7

ZZ

317,7

0709 93 10

MA

103,7

TR

160,6

ZZ

132,2

0805 10 20

EG

51,7

MA

54,6

TN

59,4

TR

65,2

ZZ

57,7

0805 20 10

IL

185,7

MA

83,5

ZZ

134,6

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

CN

61,2

EG

88,5

IL

107,4

JM

118,0

KR

91,8

MA

71,4

PK

55,0

TR

99,1

ZZ

86,6

0805 50 10

EG

69,0

TR

54,8

ZZ

61,9

0808 10 80

CA

118,4

CL

98,4

CN

90,2

US

157,1

ZZ

116,0

0808 30 90

CN

52,7

TR

95,1

US

164,8

ZA

93,2

ZZ

101,5

---

(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’.

---

DECISIONS

| 2.2.2012 | EN | Official Journal of the European Union | L 30/15 |
| --- | --- | --- | --- |

2.2.2012

EN

Official Journal of the European Union

L 30/15

---

COUNCIL DECISION

of 23 January 2012

on the launch of automated data exchange with regard to DNA data in the Czech Republic

(2012/58/EU)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to Council Decision 2008/615/JHA of 23 June 2008 on the stepping up of cross-border cooperation, particularly in combating terrorism and cross-border crime (1), in particular Article 2(3) and Article 25 thereof,

Having regard to Council Decision 2008/616/JHA of 23 June 2008 on the implementation of Decision 2008/615/JHA (2), in particular Article 20 thereof and Chapter 4 of the Annex thereto,

Whereas:

| (1) | According to the Protocol on Transitional Provisions annexed to the Treaty on European Union, to the Treaty on the Functioning of the European Union and to the Treaty establishing the European Atomic Energy Community, the legal effects of the acts of the institutions, bodies, offices and agencies of the Union adopted prior to the entry into force of the Treaty of Lisbon are preserved until those acts are repealed, annulled or amended in implementation of the Treaties. |
| --- | --- |

(1)

According to the Protocol on Transitional Provisions annexed to the Treaty on European Union, to the Treaty on the Functioning of the European Union and to the Treaty establishing the European Atomic Energy Community, the legal effects of the acts of the institutions, bodies, offices and agencies of the Union adopted prior to the entry into force of the Treaty of Lisbon are preserved until those acts are repealed, annulled or amended in implementation of the Treaties.

| (2) | Accordingly, Article 25 of Decision 2008/615/JHA is applicable and the Council must unanimously decide whether the Member States have implemented the provisions of Chapter 6 of that Decision. |
| --- | --- |

(2)

Accordingly, Article 25 of Decision 2008/615/JHA is applicable and the Council must unanimously decide whether the Member States have implemented the provisions of Chapter 6 of that Decision.

| (3) | Article 20 of Decision 2008/616/JHA provides that decisions referred to in Article 25(2) of Decision 2008/615/JHA are to be taken on the basis of an evaluation report based on a questionnaire. With respect to automated data exchange in accordance with Chapter 2 of Decision 2008/615/JHA, the evaluation report is to be based on an evaluation visit and a pilot run. |
| --- | --- |

(3)

Article 20 of Decision 2008/616/JHA provides that decisions referred to in Article 25(2) of Decision 2008/615/JHA are to be taken on the basis of an evaluation report based on a questionnaire. With respect to automated data exchange in accordance with Chapter 2 of Decision 2008/615/JHA, the evaluation report is to be based on an evaluation visit and a pilot run.

| (4) | The Czech Republic has informed the General Secretariat of the Council of the national DNA analysis files to which Articles 2 to 6 of Decision 2008/615/JHA apply and the conditions for automated searching as referred to in Article 3(1) of that Decision in accordance with Article 36(2) of that Decision. |
| --- | --- |

(4)

The Czech Republic has informed the General Secretariat of the Council of the national DNA analysis files to which Articles 2 to 6 of Decision 2008/615/JHA apply and the conditions for automated searching as referred to in Article 3(1) of that Decision in accordance with Article 36(2) of that Decision.

| (5) | According to Chapter 4, point 1.1, of the Annex to Decision 2008/616/JHA, the questionnaire drawn up by the relevant Council Working Group concerns each of the automated data exchanges and has to be answered by a Member State as soon as it believes it fulfils the prerequisites for sharing data in the relevant data category. |
| --- | --- |

(5)

According to Chapter 4, point 1.1, of the Annex to Decision 2008/616/JHA, the questionnaire drawn up by the relevant Council Working Group concerns each of the automated data exchanges and has to be answered by a Member State as soon as it believes it fulfils the prerequisites for sharing data in the relevant data category.

| (6) | The Czech Republic has completed the questionnaire on data protection and the questionnaire on DNA data exchange. |
| --- | --- |

(6)

The Czech Republic has completed the questionnaire on data protection and the questionnaire on DNA data exchange.

| (7) | A successful pilot run has been carried out by the Czech Republic with Slovakia. |
| --- | --- |

(7)

A successful pilot run has been carried out by the Czech Republic with Slovakia.

| (8) | An evaluation visit has taken place in the Czech Republic and a report on the evaluation visit has been produced by the Slovakian evaluation team and forwarded to the relevant Council Working Group. |
| --- | --- |

(8)

An evaluation visit has taken place in the Czech Republic and a report on the evaluation visit has been produced by the Slovakian evaluation team and forwarded to the relevant Council Working Group.

| (9) | An overall evaluation report, summarising the results of the questionnaire, the evaluation visit and the pilot run concerning DNA data exchange has been presented to the Council, |
| --- | --- |

(9)

An overall evaluation report, summarising the results of the questionnaire, the evaluation visit and the pilot run concerning DNA data exchange has been presented to the Council,

HAS ADOPTED THIS DECISION:

Article 1

For the purposes of automated searching and comparison of DNA data, the Czech Republic has fully implemented the general provisions on data protection of Chapter 6 of Decision 2008/615/JHA and is entitled to receive and supply personal data pursuant to Articles 3 and 4 of that Decision as from the day of the entry into force of this Decision.

Article 2

This Decision shall enter into force on the day of its adoption.

Done at Brussels, 23 January 2012.

For the Council

The President

M. GJERSKOV

---

(1)  
  OJ L 210, 6.8.2008, p. 1.

1

(2)  
  OJ L 210, 6.8.2008, p. 12.

2

---

| 2.2.2012 | EN | Official Journal of the European Union | L 30/17 |
| --- | --- | --- | --- |

2.2.2012

EN

Official Journal of the European Union

L 30/17

---

COUNCIL DECISION

of 24 January 2012

appointing three members of the European Statistical Governance Advisory Board

(2012/59/EU)

THE COUNCIL OF THE EUROPEAN UNION,

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

Having regard to Decision No 235/2008/EC of the European Parliament and of the Council of 11 March 2008 establishing the European Statistical Governance Advisory Board (1), and in particular Article 3 thereof,

Having regard to the opinion of the European Commission,

Whereas:

| (1) | On 16 March 2009, the Council adopted Decision 2009/250/EC (2) appointing three members of the European Statistical Governance Advisory Board (‘the Board’) for a period of 3 years from 23 March 2009. |
| --- | --- |

(1)

On 16 March 2009, the Council adopted Decision 2009/250/EC (2) appointing three members of the European Statistical Governance Advisory Board (‘the Board’) for a period of 3 years from 23 March 2009.

| (2) | It is therefore necessary to appoint three new members to take office upon expiry of the terms of office which began on 23 March 2009. |
| --- | --- |

(2)

It is therefore necessary to appoint three new members to take office upon expiry of the terms of office which began on 23 March 2009.

| (3) | According to Article 3(2) in Decision No 235/2008/EC, the members of the Board are to be selected from among experts possessing outstanding competence in the field of statistics, |
| --- | --- |

(3)

According to Article 3(2) in Decision No 235/2008/EC, the members of the Board are to be selected from among experts possessing outstanding competence in the field of statistics,

HAS ADOPTED THIS DECISION:

Article 1

The following are hereby appointed as the members representing the Council in the European Statistical Governance Advisory Board, for a period of 3 years from 23 March 2012:

| | Mr Günter KOPSCH, |
| --- | --- |

Mr Günter KOPSCH,

| | Ms Pilar MARTÍN-GUZMÁN, |
| --- | --- |

Ms Pilar MARTÍN-GUZMÁN,

| | Mr Edvard OUTRATA. |
| --- | --- |

Mr Edvard OUTRATA.

Article 2

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

Done at Brussels, 24 January 2012.

For the Council

The President

M. VESTAGER

---

(1)  
  OJ L 73, 15.3.2008, p. 17.

1

(2)  
  OJ L 74, 20.3.2009, p. 31.

2

---

| 2.2.2012 | EN | Official Journal of the European Union | L 30/18 |
| --- | --- | --- | --- |

2.2.2012

EN

Official Journal of the European Union

L 30/18

---

COUNCIL DECISION

of 24 January 2012

appointing seven members of the Court of Auditors

(2012/60/EU)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union, and in particular Article 286(2) thereof,

Having regard to the opinion of the European Parliament (1),

Whereas:

| (1) | The terms of office of Mr Olavi ALA-NISSILÄ, Mr Vítor Manuel da SILVA CALDEIRA, Mr Morten Louis LEVYSOHN, Mr Eoin O’SHEA, Mr Karel PINXTEN, Mr Massimo VARI and Mr H.G. WESSBERG are due to expire on 29 February 2012. |
| --- | --- |

(1)

The terms of office of Mr Olavi ALA-NISSILÄ, Mr Vítor Manuel da SILVA CALDEIRA, Mr Morten Louis LEVYSOHN, Mr Eoin O’SHEA, Mr Karel PINXTEN, Mr Massimo VARI and Mr H.G. WESSBERG are due to expire on 29 February 2012.

| (2) | New appointments should therefore be made, |
| --- | --- |

(2)

New appointments should therefore be made,

HAS ADOPTED THIS DECISION:

Article 1

The following are hereby appointed members of the Court of Auditors for the period from 1 March 2012 to 28 February 2018:

| — | Mr Kevin CARDIFF, |
| --- | --- |

—

Mr Kevin CARDIFF,

| — | Mr Vítor Manuel da SILVA CALDEIRA, |
| --- | --- |

—

Mr Vítor Manuel da SILVA CALDEIRA,

| — | Mr Ville ITÄLÄ, |
| --- | --- |

—

Mr Ville ITÄLÄ,

| — | Mr Henrik OTBO, |
| --- | --- |

—

Mr Henrik OTBO,

| — | Mr Karel PINXTEN, |
| --- | --- |

—

Mr Karel PINXTEN,

| — | Mr Pietro RUSSO, |
| --- | --- |

—

Mr Pietro RUSSO,

| — | Mr H.G. WESSBERG, |
| --- | --- |

—

Mr H.G. WESSBERG,

Article 2

This Decision shall enter into force on the date of its adoption.

Done at Brussels, 24 January 2012.

For the Council

The President

M. VESTAGER

---

(1)  Opinion of 13 December 2011 (not yet published in the Official Journal).

1

---

| 2.2.2012 | EN | Official Journal of the European Union | L 30/19 |
| --- | --- | --- | --- |

2.2.2012

EN

Official Journal of the European Union

L 30/19

---

COUNCIL DECISION

of 27 January 2012

amending Decision 1999/70/EC concerning the external auditors of the national central banks, as regards the external auditors of the De Nederlandsche Bank

(2012/61/EU)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Protocol on the Statute of the European System of Central Banks and of the European Central Bank annexed to the Treaty on European Union and the Treaty on the Functioning of the European Union, and in particular to Article 27.1 thereof,

Having regard to the Recommendation of the European Central Bank of 9 December 2011 to the Council of the European Union on the external auditors of De Nederlandsche Bank (ECB/2011/22) (1),

Whereas:

| (1) | The accounts of the European Central Bank (ECB) and of the national central banks of the Eurosystem are to be audited by independent external auditors recommended by the Governing Council of the ECB and approved by the Council of the European Union. |
| --- | --- |

(1)

The accounts of the European Central Bank (ECB) and of the national central banks of the Eurosystem are to be audited by independent external auditors recommended by the Governing Council of the ECB and approved by the Council of the European Union.

| (2) | The mandate of the current external auditors of De Nederlandsche Bank ended after the audit for the financial year of 2011. It is therefore necessary to appoint external auditors from the financial year 2012. |
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(2)

The mandate of the current external auditors of De Nederlandsche Bank ended after the audit for the financial year of 2011. It is therefore necessary to appoint external auditors from the financial year 2012.

| (3) | De Nederlandsche Bank has selected Deloitte Accountants BV as its external auditors for the financial years 2012 to 2018. |
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(3)

De Nederlandsche Bank has selected Deloitte Accountants BV as its external auditors for the financial years 2012 to 2018.

| (4) | The Governing Council of the ECB recommended that Deloitte Accountants BV be appointed as the external auditors of De Nederlandsche Bank for the financial years 2012 to 2018. |
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(4)

The Governing Council of the ECB recommended that Deloitte Accountants BV be appointed as the external auditors of De Nederlandsche Bank for the financial years 2012 to 2018.

| (5) | It is appropriate to follow the recommendation of the Governing Council of the ECB and to amend Council Decision 1999/70/EC (2) accordingly, |
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(5)

It is appropriate to follow the recommendation of the Governing Council of the ECB and to amend Council Decision 1999/70/EC (2) accordingly,

HAS ADOPTED THIS DECISION:

Article 1

Article 1(8) of Decision 1999/70/EC shall be replaced by the following:

‘8.   Deloitte Accountants BV are hereby approved as the external auditors of De Nederlandsche Bank for the financial years 2012 to 2018.’.

Article 2

This Decision shall take effect on the day of its notification.

Article 3

This Decision is addressed to the European Central Bank.

Done at Brussels, 27 January 2012.

For the Council

The President

N. WAMMEN

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(1)  
  OJ C 367, 16.12.2011, p. 1.

1

(2)  
  OJ L 22, 29.1.1999, p. 69.

2

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| 2.2.2012 | EN | Official Journal of the European Union | L 30/20 |
| --- | --- | --- | --- |

2.2.2012

EN

Official Journal of the European Union

L 30/20

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COUNCIL DECISION

of 27 January 2012

appointing a Spanish alternate member of the Committee of the Regions

(2012/62/EU)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union, and in particular Article 305 thereof,

Having regard to the proposal of the Spanish Government,

Whereas:

| (1) | On 22 December 2009 and on 18 January 2010, the Council adopted Decisions 2009/1014/EU (1) and 2010/29/EU (2) appointing the members and alternate members of the Committee of the Regions for the period from 26 January 2010 to 25 January 2015. |
| --- | --- |

(1)

On 22 December 2009 and on 18 January 2010, the Council adopted Decisions 2009/1014/EU (1) and 2010/29/EU (2) appointing the members and alternate members of the Committee of the Regions for the period from 26 January 2010 to 25 January 2015.

| (2) | An alternate member’s seat has become vacant following the end of the term of office of Mr Jordi BAYONA LLOPIS, |
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(2)

An alternate member’s seat has become vacant following the end of the term of office of Mr Jordi BAYONA LLOPIS,

HAS ADOPTED THIS DECISION:

Article 1

The following is hereby appointed as alternate member to the Committee of the Regions for the remainder of the current term of office, which runs until 25 January 2015:

| — | Mr Esteban MAS PORTELL, Delegado del Gobierno de las Illes Balears en Bruselas. |
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—

Mr Esteban MAS PORTELL, Delegado del Gobierno de las Illes Balears en Bruselas.

Article 2

This Decision shall enter into force on the day of its adoption.

Done at Brussels, 27 January 2012.

For the Council

The President

N. WAMMEN

---

(1)  
  OJ L 348, 29.12.2009, p. 22.

1

(2)  
  OJ L 12, 19.1.2010, p. 11.

2

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| 2.2.2012 | EN | Official Journal of the European Union | L 30/21 |
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2.2.2012

EN

Official Journal of the European Union

L 30/21

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COMMISSION DECISION

of 31 October 2011

State aid SA. 30931 (C/11) — Romania

Aid scheme for the development of air transport infrastructure

(notified under document C(2011) 7863)

(Only the Romanian text is authentic)

(Text with EEA relevance)

(2012/63/EU)

THE EUROPEAN COMMISSION,

Having regard to the Treaty on the Functioning of the European Union, and in particular the first subparagraph of Article 108(2) thereof,

Having regard to the Agreement on the European Economic Area, and in particular Article 62(1)(a) thereof,

Whereas:

1.   PROCEDURE

PROCEDURE

| (1) | By electronic notification dated 17 May 2010, the Romanian authorities notified to the Commission, in accordance with Article 108(3) of the Treaty on the Functioning of the European Union (hereinafter ‘TFEU’), an aid scheme providing for public support in favour of regional airports. The notification has been registered under case number N 185/10. |
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(1)

By electronic notification dated 17 May 2010, the Romanian authorities notified to the Commission, in accordance with Article 108(3) of the Treaty on the Functioning of the European Union (hereinafter ‘TFEU’), an aid scheme providing for public support in favour of regional airports. The notification has been registered under case number N 185/10.

| (2) | The Commission requested additional information on the proposed measure on 23 June 2010, 7 October 2010, 3 December 2010 and 17 March 2011. The Romanian authorities provided the information requested on 22 July 2010, 27 October 2010, 20 January 2011 and 5 April 2011. |
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(2)

The Commission requested additional information on the proposed measure on 23 June 2010, 7 October 2010, 3 December 2010 and 17 March 2011. The Romanian authorities provided the information requested on 22 July 2010, 27 October 2010, 20 January 2011 and 5 April 2011.

| (3) | On 15 September 2010 the Romanian authorities informed the Commission of certain changes to the notified scheme, in particular as regards the number of beneficiaries. |
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(3)

On 15 September 2010 the Romanian authorities informed the Commission of certain changes to the notified scheme, in particular as regards the number of beneficiaries.

| (4) | By letter of 24 May 2011 the Commission informed the Romanian authorities that it had decided to initiate the formal investigation procedure provided for by Article 108(2) TFEU in respect of the notified aid and other measures in favour of airports (hereinafter ‘the opening decision’) (1). The Commission subsequently adopted a corrigendum to that decision on 23 June 2011. |
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(4)

By letter of 24 May 2011 the Commission informed the Romanian authorities that it had decided to initiate the formal investigation procedure provided for by Article 108(2) TFEU in respect of the notified aid and other measures in favour of airports (hereinafter ‘the opening decision’) (1). The Commission subsequently adopted a corrigendum to that decision on 23 June 2011.

1

| (5) | The opening decision was published in the Official Journal of the European Union (2). The Commission called on interested parties to submit their comments. |
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(5)

The opening decision was published in the Official Journal of the European Union (2). The Commission called on interested parties to submit their comments.

Official Journal of the European Union

2

| (6) | By letters of 27 June 2011, 5 July 2011, and 19 August 2011, Romania submitted its comments on the opening decision. |
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(6)

By letters of 27 June 2011, 5 July 2011, and 19 August 2011, Romania submitted its comments on the opening decision.

| (7) | The Commission received comments from three interested parties, namely Carpatair (an airline operating at Timișoara airport), Cluj-Napoca airport and the Romanian Association of Airports. The comments of the interested parties concerned both the notified scheme and the additional public funding granted to the airports as of Romania's accession to the EU in order to cover operating losses. |
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(7)

The Commission received comments from three interested parties, namely Carpatair (an airline operating at Timișoara airport), Cluj-Napoca airport and the Romanian Association of Airports. The comments of the interested parties concerned both the notified scheme and the additional public funding granted to the airports as of Romania's accession to the EU in order to cover operating losses.

| (8) | By letters dated 16 September 2011, the Commission forwarded the comments of the interested parties to Romania. |
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(8)

By letters dated 16 September 2011, the Commission forwarded the comments of the interested parties to Romania.

2.   DESCRIPTION OF THE NOTIFIED MEASURE

DESCRIPTION OF THE NOTIFIED MEASURE

| (9) | The notified measure concerns the public financing of infrastructure investments at small regional airports. |
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(9)

The notified measure concerns the public financing of infrastructure investments at small regional airports.

| (10) | The notified measure aims to support the observance of aviation safety standards at Romanian regional airports, the development of safe and viable air transport infrastructure, and improved accessibility and regional development. |
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(10)

The notified measure aims to support the observance of aviation safety standards at Romanian regional airports, the development of safe and viable air transport infrastructure, and improved accessibility and regional development.

| (11) | During the preliminary assessment phase, the Romanian authorities have clarified that regional airports in Romania are generally loss-making and that their operating losses are covered every year by the State. The Romanian authorities have provided the Commission with a comprehensive list of the public financing made available to airports in category D as of Romania's accession to the EU. |
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(11)

During the preliminary assessment phase, the Romanian authorities have clarified that regional airports in Romania are generally loss-making and that their operating losses are covered every year by the State. The Romanian authorities have provided the Commission with a comprehensive list of the public financing made available to airports in category D as of Romania's accession to the EU.

| (12) | The Romanian authorities have indicated that the subsidies granted annually to the airports reached, for the most part, the level of aid exempted from the notification requirement on the basis of Commission Decision 2005/842/EC of 28 November 2005 on the application of Article 86(2) of the EC Treaty (now Article 106(2) TFEU) to State aid in the form of public service compensation granted to certain undertakings entrusted with the operation of services of general economic interest (3) (hereinafter ‘the SGEI Decision’). |
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(12)

The Romanian authorities have indicated that the subsidies granted annually to the airports reached, for the most part, the level of aid exempted from the notification requirement on the basis of Commission Decision 2005/842/EC of 28 November 2005 on the application of Article 86(2) of the EC Treaty (now Article 106(2) TFEU) to State aid in the form of public service compensation granted to certain undertakings entrusted with the operation of services of general economic interest (3) (hereinafter ‘the SGEI Decision’).

3

| (13) | The only exception would be the public financing granted to Timișoara airport, which, according to the Romanian authorities, does not constitute aid in so far as the measure complies with the market economy investor test. The public financing granted to Timișoara airport is the object of a separate assessment by the Commission. |
| --- | --- |

(13)

The only exception would be the public financing granted to Timișoara airport, which, according to the Romanian authorities, does not constitute aid in so far as the measure complies with the market economy investor test. The public financing granted to Timișoara airport is the object of a separate assessment by the Commission.

3.   WITHDRAWAL OF THE NOTIFICATION

WITHDRAWAL OF THE NOTIFICATION

| (14) | By letter dated 25 July 2011, the Romanian authorities withdrew their notification under SA. 30931 concerning the financing scheme for infrastructure investments in Romanian small regional airports. The Romanian authorities have announced their intention to finance such airports in compliance with the provisions of the Community Guidelines on financing of airports and start-up aid to airlines departing from regional airports (4) (hereinafter ‘the Aviation Guidelines’) and the SGEI Decision. |
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(14)

By letter dated 25 July 2011, the Romanian authorities withdrew their notification under SA. 30931 concerning the financing scheme for infrastructure investments in Romanian small regional airports. The Romanian authorities have announced their intention to finance such airports in compliance with the provisions of the Community Guidelines on financing of airports and start-up aid to airlines departing from regional airports (4) (hereinafter ‘the Aviation Guidelines’) and the SGEI Decision.

4

| (15) | The Aviation Guidelines recognise that certain activities carried out by airports, and in exceptional cases even the overall management of an airport, can constitute services of general economic interest (hereinafter ‘SGEI’). In such a case, the public authority imposes on the airport operator certain public service obligations and the latter may be compensated for the additional costs deriving from the discharge of those obligations. |
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(15)

The Aviation Guidelines recognise that certain activities carried out by airports, and in exceptional cases even the overall management of an airport, can constitute services of general economic interest (hereinafter ‘SGEI’). In such a case, the public authority imposes on the airport operator certain public service obligations and the latter may be compensated for the additional costs deriving from the discharge of those obligations.

| (16) | The SGEI Decision applies to public service compensations granted to undertakings with an average annual turnover before tax, all activities included, of less than EUR 100 million in the two financial years preceding that in which the service of general economic interest was assigned, which receive annual compensation, for the service in question, of less than EUR 30 million, as well as to public service compensations for airports with average annual flows not exceeding one million passengers in the two financial years preceding that in which the service of general economic interest was assigned. Where the conditions set out in the SGEI Decision are met, public service compensations are compatible with the internal market and exempted from the requirement of notification provided for by Article 108(3) TFEU. |
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(16)

The SGEI Decision applies to public service compensations granted to undertakings with an average annual turnover before tax, all activities included, of less than EUR 100 million in the two financial years preceding that in which the service of general economic interest was assigned, which receive annual compensation, for the service in question, of less than EUR 30 million, as well as to public service compensations for airports with average annual flows not exceeding one million passengers in the two financial years preceding that in which the service of general economic interest was assigned. Where the conditions set out in the SGEI Decision are met, public service compensations are compatible with the internal market and exempted from the requirement of notification provided for by Article 108(3) TFEU.

| (17) | According to Article 8 of Council Regulation (EC) No 659/1999 of 22 March 1999 laying down detailed rules for the application of Article 93 (now Article 88) of the EC Treaty (5), the Member State concerned may withdraw the notification in due time before the Commission has taken a decision on the aid. According to Article 8(2) of the abovementioned regulation, in cases where the Commission has opened the formal investigation procedure, the Commission shall close the procedure. |
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(17)

According to Article 8 of Council Regulation (EC) No 659/1999 of 22 March 1999 laying down detailed rules for the application of Article 93 (now Article 88) of the EC Treaty (5), the Member State concerned may withdraw the notification in due time before the Commission has taken a decision on the aid. According to Article 8(2) of the abovementioned regulation, in cases where the Commission has opened the formal investigation procedure, the Commission shall close the procedure.

5

| (18) | Due to the fact that Romania has withdrawn its notification and will finance regional airports in full compliance with the provisions of the Aviation Guidelines and the SGEI Decision, the Commission has decided to close the formal investigation procedure under Article 108(2) TFEU in respect of the notified measure. |
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(18)

Due to the fact that Romania has withdrawn its notification and will finance regional airports in full compliance with the provisions of the Aviation Guidelines and the SGEI Decision, the Commission has decided to close the formal investigation procedure under Article 108(2) TFEU in respect of the notified measure.

| (19) | This decision is without prejudice to the other measures which form the object of the opening decision. Therefore, the formal investigation concerning those measures is still underway, |
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(19)

This decision is without prejudice to the other measures which form the object of the opening decision. Therefore, the formal investigation concerning those measures is still underway,

HAS ADOPTED THIS DECISION:

Article 1

The Commission has decided to partially close the formal investigation procedure under Article 108(2) TFEU in respect of the notified scheme providing for public financing to support infrastructure improvements at small regional airports, as Romania has withdrawn its notification concerning the project in question.

Article 2

This Decision is addressed to Romania.

Done at Brussels, 31 October 2011.

For the Commission

Joaquín ALMUNIA

Vice-President

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(1)  The formal investigation procedure concerns both the notified scheme for public funding to support the development of airport infrastructure at small regional airports, as well as the public financing to cover operating losses granted to certain airports.

1

(2)  
  OJ C 207, 13.7.2011, p. 3.

2

(3)  
  OJ L 312, 29.11.2005, p. 67.

3

(4)  
  OJ C 312, 9.12.2005 p. 1.

4

(5)  
  OJ L 83, 27.3.1999, p. 1.

5

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