# Official Journal L 33/2008

| | ISSN 1725-2555 |
| --- | --- |
| Official Journal
  of the European Union | L 33 |
| | |
| English edition | Legislation | Volume 517 February 2008 |

ISSN 1725-2555

Official Journal

of the European Union

L 33

English edition

Legislation

Volume 517 February 2008

---

| Contents | | I   Acts adopted under the EC Treaty/Euratom Treaty whose publication is obligatory | page |
| --- | --- | --- | --- |
| | | REGULATIONS |
| | | Commission Regulation (EC) No 111/2008 of 6 February 2008 establishing the standard import values for determining the entry price of certain fruit and vegetables | 1 |
| | * | Commission Regulation (EC) No 112/2008 of 6 February 2008 registering certain names in the Register of protected designations of origin and protected geographical indications (Nošovické kysané zelí (PDO), Pardubický perník (PGI), Aceite del Baix Ebre-Montsià or Oli del Baix Ebre-Montsià (PDO)) | 3 |
| | * | Commission Regulation (EC) No 113/2008 of 6 February 2008 amending Regulation (EC) No 1979/2006 opening and providing for the administration of tariff quotas for preserved mushrooms imported from third countries | 5 |
| | * | Commission Regulation (EC) No 114/2008 of 6 February 2008 amending Regulation (EC) No 883/2006 laying down detailed rules for the application of Council Regulation (EC) No 1290/2005 as regards the keeping of accounts by the paying agencies, declarations of expenditure and revenue and the conditions for reimbursing expenditure under the EAGF and the EAFRD | 6 |

Contents

I   Acts adopted under the EC Treaty/Euratom Treaty whose publication is obligatory

page

REGULATIONS

Commission Regulation (EC) No 111/2008 of 6 February 2008 establishing the standard import values for determining the entry price of certain fruit and vegetables

1

*

Commission Regulation (EC) No 112/2008 of 6 February 2008 registering certain names in the Register of protected designations of origin and protected geographical indications (Nošovické kysané zelí (PDO), Pardubický perník (PGI), Aceite del Baix Ebre-Montsià or Oli del Baix Ebre-Montsià (PDO))

3

*

Commission Regulation (EC) No 113/2008 of 6 February 2008 amending Regulation (EC) No 1979/2006 opening and providing for the administration of tariff quotas for preserved mushrooms imported from third countries

5

*

Commission Regulation (EC) No 114/2008 of 6 February 2008 amending Regulation (EC) No 883/2006 laying down detailed rules for the application of Council Regulation (EC) No 1290/2005 as regards the keeping of accounts by the paying agencies, declarations of expenditure and revenue and the conditions for reimbursing expenditure under the EAGF and the EAFRD

6

| | | II   Acts adopted under the EC Treaty/Euratom Treaty whose publication is not obligatory |
| --- | --- | --- |
| | | RECOMMENDATIONS |
| | | Commission |
| | | 2008/98/EC |
| | * | Commission Recommendation of 6 December 2007 on risk reduction measures for the substances: Piperazine; Cyclohexane; Methylenediphenyl diisocyanate; But-2yne-1,4-diol; Methyloxirane; Aniline; 2-Ethylhexylacrylate; 1,4-Dichlorobenzene; 3,5-dinitro-2,6-dimethyl-4-tert-butylacetophenone; Di-(2-ethylhexyl)phthalate; Phenol; 5-tert-butyl-2,4,6-trinitro-m-xylene
  (notified under document number C(2007) 5901)

   (
  1
  ) | 8 |

II   Acts adopted under the EC Treaty/Euratom Treaty whose publication is not obligatory

RECOMMENDATIONS

Commission

2008/98/EC

*

Commission Recommendation of 6 December 2007 on risk reduction measures for the substances: Piperazine; Cyclohexane; Methylenediphenyl diisocyanate; But-2yne-1,4-diol; Methyloxirane; Aniline; 2-Ethylhexylacrylate; 1,4-Dichlorobenzene; 3,5-dinitro-2,6-dimethyl-4-tert-butylacetophenone; Di-(2-ethylhexyl)phthalate; Phenol; 5-tert-butyl-2,4,6-trinitro-m-xylene
  (notified under document number C(2007) 5901)

   (
  1
  )

(notified under document number C(2007) 5901)

1

8

| | | Corrigenda |
| --- | --- | --- |
| | * | Corrigendum to Council Regulation (EC) No 71/2007 of 20 December 2007 setting up the Clean Sky Joint Undertaking ( OJ L 30, 4.2.2008 ) | 12 |

Corrigenda

*

Corrigendum to Council Regulation (EC) No 71/2007 of 20 December 2007 setting up the Clean Sky Joint Undertaking ( OJ L 30, 4.2.2008 )

12

| | |
| --- | --- |
| | (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.

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I Acts adopted under the EC Treaty/Euratom Treaty whose publication is obligatory

REGULATIONS

| 7.2.2008 | EN | Official Journal of the European Union | L 33/1 |
| --- | --- | --- | --- |

7.2.2008

EN

Official Journal of the European Union

L 33/1

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COMMISSION REGULATION (EC) No 111/2008

of 6 February 2008

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

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Commission Regulation (EC) No 1580/2007 of 21 December 2007 laying down implementing rules of Council Regulations (EC) No 2200/96, (EC) No 2201/96 and (EC) No 1182/2007 in the fruit and vegetable sector (1), and in particular Article 138(1) thereof,

Whereas:

| (1) | Regulation (EC) No 1580/2007 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 the Annex thereto. |
| --- | --- |

(1)

Regulation (EC) No 1580/2007 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 the Annex thereto.

| (2) | In compliance with the above criteria, the standard import values must be fixed at the levels set out in the Annex to this Regulation, |
| --- | --- |

(2)

In compliance with the above criteria, the standard import values must be fixed at the levels set out in the Annex to this Regulation,

HAS ADOPTED THIS REGULATION:

Article 1

The standard import values referred to in Article 138 of Regulation (EC) No 1580/2007 shall be fixed as indicated in the Annex hereto.

Article 2

This Regulation shall enter into force on 7 February 2008.

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

Done at Brussels, 6 February 2008.

For the Commission

Jean-Luc DEMARTY

Director-General for Agriculture and Rural Development

---

(1)  
  OJ L 350, 31.12.2007, p. 1.

1

---

ANNEX

to Commission Regulation of 6 February 2008 establishing the 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 | 143,2 |
| JO | 84,0 |
| MA | 44,3 |
| TN | 111,3 |
| TR | 104,4 |
| ZZ | 97,4 |
| 0707 00 05 | EG | 208,2 |
| JO | 187,5 |
| MA | 52,1 |
| TR | 124,7 |
| ZZ | 143,1 |
| 0709 90 70 | MA | 57,7 |
| TR | 147,6 |
| ZZ | 102,7 |
| 0709 90 80 | EG | 191,8 |
| ZZ | 191,8 |
| 0805 10 20 | EG | 48,4 |
| IL | 52,2 |
| MA | 61,2 |
| TN | 49,7 |
| TR | 64,9 |
| ZZ | 55,3 |
| 0805 20 10 | IL | 106,1 |
| MA | 102,3 |
| TR | 101,8 |
| ZZ | 103,4 |
| 0805 20 30 , 0805 20 50 , 0805 20 70 , 0805 20 90 | CN | 84,5 |
| EG | 62,2 |
| IL | 61,2 |
| JM | 97,0 |
| MA | 133,1 |
| TR | 82,8 |
| US | 60,6 |
| ZZ | 83,1 |
| 0805 50 10 | EG | 73,4 |
| IL | 136,2 |
| MA | 114,0 |
| TR | 122,7 |
| ZZ | 111,6 |
| 0808 10 80 | CA | 87,1 |
| CN | 72,1 |
| MK | 40,9 |
| US | 112,5 |
| ZZ | 78,2 |
| 0808 20 50 | CN | 56,1 |
| US | 107,2 |
| ZA | 96,1 |
| ZZ | 86,5 |

(EUR/100 kg)

CN code

Third country code (1)

Standard import value

0702 00 00

IL

143,2

JO

84,0

MA

44,3

TN

111,3

TR

104,4

ZZ

97,4

0707 00 05

EG

208,2

JO

187,5

MA

52,1

TR

124,7

ZZ

143,1

0709 90 70

MA

57,7

TR

147,6

ZZ

102,7

0709 90 80

EG

191,8

ZZ

191,8

0805 10 20

EG

48,4

IL

52,2

MA

61,2

TN

49,7

TR

64,9

ZZ

55,3

0805 20 10

IL

106,1

MA

102,3

TR

101,8

ZZ

103,4

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

CN

84,5

EG

62,2

IL

61,2

JM

97,0

MA

133,1

TR

82,8

US

60,6

ZZ

83,1

0805 50 10

EG

73,4

IL

136,2

MA

114,0

TR

122,7

ZZ

111,6

0808 10 80

CA

87,1

CN

72,1

MK

40,9

US

112,5

ZZ

78,2

0808 20 50

CN

56,1

US

107,2

ZA

96,1

ZZ

86,5

---

(1)  Country nomenclature as fixed by Commission Regulation (EC) No 1833/2006 (OJ L 354, 14.12.2006, p. 19). Code ‘
  ZZ
  ’ stands for ‘of other origin’.

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| 7.2.2008 | EN | Official Journal of the European Union | L 33/3 |
| --- | --- | --- | --- |

7.2.2008

EN

Official Journal of the European Union

L 33/3

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COMMISSION REGULATION (EC) No 112/2008

of 6 February 2008

registering certain names in the Register of protected designations of origin and protected geographical indications (Nošovické kysané zelí (PDO), Pardubický perník (PGI), Aceite del Baix Ebre-Montsià or Oli del Baix Ebre-Montsià (PDO))

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Regulation (EC) No 510/2006 of 20 March 2006 on the protection of geographical indications and designations of origin for agricultural products and foodstuffs (1), and in particular the first subparagraph of Article 7(4) thereof,

Whereas:

| (1) | In accordance with the first subparagraph of Article 6(2) and pursuant to Article 17(2) of Regulation (EC) No 510/2006, the Czech Republic’s applications to register the two names ‘Nošovické kysané zelí’ and ‘Pardubický perník’ and Spain's application to register the names ‘Aceite del Baix Ebre-Montsià’ or ‘Oli del Baix Ebre-Montsià’ were published in the Official Journal of the European Union (2). |
| --- | --- |

(1)

In accordance with the first subparagraph of Article 6(2) and pursuant to Article 17(2) of Regulation (EC) No 510/2006, the Czech Republic’s applications to register the two names ‘Nošovické kysané zelí’ and ‘Pardubický perník’ and Spain's application to register the names ‘Aceite del Baix Ebre-Montsià’ or ‘Oli del Baix Ebre-Montsià’ were published in the Official Journal of the European Union (2).

| (2) | As no objection under Article 7 of Regulation (EC) No 510/2006 has been received by the Commission, these names should be entered in the Register, |
| --- | --- |

(2)

As no objection under Article 7 of Regulation (EC) No 510/2006 has been received by the Commission, these names should be entered in the Register,

HAS ADOPTED THIS REGULATION:

Article 1

The names in the Annex to this Regulation are hereby entered in the Register of protected designations of origin and protected geographical indications.

Article 2

This Regulation shall enter into force on the 20th day following its publication in the Official Journal of the European Union.

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

Done at Brussels, 6 February 2008.

For the Commission

Mariann FISCHER BOEL

Member of the Commission

---

(1)  
  OJ L 93, 31.3.2006, p. 12. Regulation as amended by Regulation (EC) No 1791/2006 (OJ L 363, 20.12.2006, p. 1).

1

(2)  
  OJ C 102, 5.5.2007, p. 16 (Nošovické kysané zelí), OJ C 103, 8.5.2007, p. 20 (Pardubický perník), OJ C 105, 9.5.2007, p. 6 (Aceite del Baix Ebre-Montsià or Oli del Baix Ebre-Montsià).

2

---

ANNEX

1.   Agricultural products intended for human consumption listed in Annex I to the Treaty:

Class 1.5.   Oils and fats (butter, margarine, oil, etc.)

SPAIN

Aceite del Baix Ebre-Montsià or Oli del Baix Ebre-Montsià (PDO)

Class 1.6.   Fruit, vegetables, cereals, whether or not processed

CZECH REPUBLIC

Nošovické kysané zelí (PDO)

2.   Foodstuffs referred to in Annex I of Regulation (EC) No 510/2006:

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

CZECH REPUBLIC

Pardubický perník (PGI)

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| 7.2.2008 | EN | Official Journal of the European Union | L 33/5 |
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7.2.2008

EN

Official Journal of the European Union

L 33/5

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COMMISSION REGULATION (EC) No 113/2008

of 6 February 2008

amending Regulation (EC) No 1979/2006 opening and providing for the administration of tariff quotas for preserved mushrooms imported from third countries

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Regulation (EC) No 1182/2007 of 26 September 2007 laying down specific rules as regards the fruit and vegetable sector, amending Directives 2001/112/EC and 2001/113/EC and Regulations (EEC) No 827/68, (EC) No 2200/96, (EC) No 2201/96, (EC) No 2826/2000, (EC) No 1782/2003 and (EC) No 318/2006 and repealing Regulation (EC) No 2202/96 (1), and in particular Article 36(1) thereof,

Whereas:

| (1) | Commission Regulation (EC) No 1979/2006 (2) requires the possession of a certificate of origin for the import of preserved mushrooms originating in China under the GATT quota. |
| --- | --- |

(1)

Commission Regulation (EC) No 1979/2006 (2) requires the possession of a certificate of origin for the import of preserved mushrooms originating in China under the GATT quota.

| (2) | The certificates of origin were introduced in order to ensure a fair allocation of the quota to the different supplier countries. |
| --- | --- |

(2)

The certificates of origin were introduced in order to ensure a fair allocation of the quota to the different supplier countries.

| (3) | Due to changes in the market currently only one supplier country, China has a country-specific allocation laid down in Regulation (EC) No 1979/2006. All other supplier countries fall into the category of ‘Other third countries’. The utilisation rate of the quota allocated to ‘Other third countries’ is very low. |
| --- | --- |

(3)

Due to changes in the market currently only one supplier country, China has a country-specific allocation laid down in Regulation (EC) No 1979/2006. All other supplier countries fall into the category of ‘Other third countries’. The utilisation rate of the quota allocated to ‘Other third countries’ is very low.

| (4) | The certificates of origin are therefore superfluous and should be abolished for simplification purposes. |
| --- | --- |

(4)

The certificates of origin are therefore superfluous and should be abolished for simplification purposes.

| (5) | Regulation (EC) No 1979/2006 should therefore be amended accordingly. |
| --- | --- |

(5)

Regulation (EC) No 1979/2006 should therefore be amended accordingly.

| (6) | The measures provided for in this Regulation are in accordance with the opinion of the Management Committee for the Common Organisation of Agricultural Markets, |
| --- | --- |

(6)

The measures provided for in this Regulation are in accordance with the opinion of the Management Committee for the Common Organisation of Agricultural Markets,

HAS ADOPTED THIS REGULATION:

Article 1

Article 11 and Annex II of Regulation (EC) No 1979/2006 are hereby deleted.

Article 2

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

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

Done at Brussels, 6 February 2008.

For the Commission

Franco FRATTINI

Vice-President

---

(1)  
  OJ L 273, 17.10.2007, p. 1.

1

(2)  
  OJ L 368, 23.12.2006, p. 91.

2

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| 7.2.2008 | EN | Official Journal of the European Union | L 33/6 |
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7.2.2008

EN

Official Journal of the European Union

L 33/6

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COMMISSION REGULATION (EC) No 114/2008

of 6 February 2008

amending Regulation (EC) No 883/2006 laying down detailed rules for the application of Council Regulation (EC) No 1290/2005 as regards the keeping of accounts by the paying agencies, declarations of expenditure and revenue and the conditions for reimbursing expenditure under the EAGF and the EAFRD

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Regulation (EC) No 1290/2005 of 21 June 2005 on the financing of the common agricultural policy (1), and in particular Article 42(7) thereof,

Whereas:

| (1) | The third subparagraph of Article 16(2) of Commission Regulation (EC) No 883/2006 (2) provides that all the payments made in anticipation by the Member States under their own responsibility prior to approval of the rural development programmes for the period 2007-2013 must be declared in the first declaration of expenditure following the adoption of the programmes. This rule is laid down for programmes not approved by 31 March 2007. |
| --- | --- |

(1)

The third subparagraph of Article 16(2) of Commission Regulation (EC) No 883/2006 (2) provides that all the payments made in anticipation by the Member States under their own responsibility prior to approval of the rural development programmes for the period 2007-2013 must be declared in the first declaration of expenditure following the adoption of the programmes. This rule is laid down for programmes not approved by 31 March 2007.

| (2) | Article 23 of Regulation (EC) No 1290/2005 provides that the Community’s budget commitments for rural development programmes are to be made in annual instalments and that for each programme, the budget commitment for the first instalment is to follow the adoption of the programme by the Commission. |
| --- | --- |

(2)

Article 23 of Regulation (EC) No 1290/2005 provides that the Community’s budget commitments for rural development programmes are to be made in annual instalments and that for each programme, the budget commitment for the first instalment is to follow the adoption of the programme by the Commission.

| (3) | Under the second subparagraph of Article 9(1) of Council Regulation (EC, Euratom) No 1605/2002 of 25 June 2002 on the Financial Regulation applicable to the general budget of the European Communities (3), appropriations which have not been used at the end of the financial year may be carried over, to the following financial year only, by means of a decision taken by the Commission by 15 February at the latest. |
| --- | --- |

(3)

Under the second subparagraph of Article 9(1) of Council Regulation (EC, Euratom) No 1605/2002 of 25 June 2002 on the Financial Regulation applicable to the general budget of the European Communities (3), appropriations which have not been used at the end of the financial year may be carried over, to the following financial year only, by means of a decision taken by the Commission by 15 February at the latest.

| (4) | Given this framework and the appropriations available for 2007, a large number of programmes will not be able to be approved until after the appropriations not used in that financial year have been carried over. As a result, for 2007, the first year of the programming period, it will not be possible for some of the payments made in anticipation by the Member States to be covered by a declaration of expenditure by the deadline of 31 January 2008 laid down in Article 16(2)(d) of Regulation (EC) No 883/2006. |
| --- | --- |

(4)

Given this framework and the appropriations available for 2007, a large number of programmes will not be able to be approved until after the appropriations not used in that financial year have been carried over. As a result, for 2007, the first year of the programming period, it will not be possible for some of the payments made in anticipation by the Member States to be covered by a declaration of expenditure by the deadline of 31 January 2008 laid down in Article 16(2)(d) of Regulation (EC) No 883/2006.

| (5) | Therefore, in order to facilitate the financial management of the rural development programmes and in order not to prolong the deadline for reimbursing the expenditure incurred by the Member States, a new deadline should be laid down to enable the Member States, by derogation from the first subparagraph of Article 16(2) of Regulation (EC) No 883/2006, to make an additional, special declaration of expenditure for the payments in anticipation made by them in 2007 under programmes approved by the Commission between the date of the Commission decision on the carry-over of appropriations from 2007 and 29 February 2008. |
| --- | --- |

(5)

Therefore, in order to facilitate the financial management of the rural development programmes and in order not to prolong the deadline for reimbursing the expenditure incurred by the Member States, a new deadline should be laid down to enable the Member States, by derogation from the first subparagraph of Article 16(2) of Regulation (EC) No 883/2006, to make an additional, special declaration of expenditure for the payments in anticipation made by them in 2007 under programmes approved by the Commission between the date of the Commission decision on the carry-over of appropriations from 2007 and 29 February 2008.

| (6) | Regulation (EC) No 883/2006 should therefore be amended accordingly. |
| --- | --- |

(6)

Regulation (EC) No 883/2006 should therefore be amended accordingly.

| (7) | The measures provided for in this Regulation are in accordance with the opinion of the Committee on the Agricultural Funds, |
| --- | --- |

(7)

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

HAS ADOPTED THIS REGULATION:

Article 1

The third subparagraph of Article 16(2) of Regulation (EC) No 883/2006 is hereby replaced by the following:

‘However, if a rural development programme has not been approved by the Commission by 31 March 2007, all the expenditure carried out in anticipation by the paying agency under its own responsibility, during the periods preceding the adoption of this programme, shall be declared to the Commission in the first declaration of expenditure following the adoption of the programme. Notwithstanding the first subparagraph, in the case of rural development programmes approved by the Commission between 15 October and 12 December 2007, expenditure incurred in anticipation by the paying agencies up to and including 15 October 2007 shall be the subject of a special declaration of expenditure to be made by 12 December 2007 and, in the case of rural development programmes approved by the Commission between the date of the Commission decision on the carry-over of appropriations not used in 2007, taken in accordance with the second subparagraph of Article 9(1) of Regulation (EC, Euratom) No 1605/2002, and 29 February 2008, expenditure incurred in anticipation by the paying agencies up to and including 31 December 2007 shall be the subject of a special declaration of expenditure to be made by 29 February 2008.’

Article 2

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

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

Done at Brussels, 6 February 2008.

For the Commission

Mariann FISCHER BOEL

Member of the Commission

---

(1)  
  OJ L 209, 11.8.2005, p. 1. Regulation as amended by Regulation (EC) No 1437/2007 (OJ L 322, 7.12.2007, p. 1).

1

(2)  
  OJ L 171, 23.6.2006, p. 1. Regulation as amended by Regulation (EC) No 1305/2007 (OJ L 290, 8.11.2007, p. 17).

2

(3)  
  OJ L 248, 16.9.2002, p. 1. Regulation as amended by Regulation (EC) No 1525/2007 (OJ L 343, 27.12.2007, p. 9).

3

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II Acts adopted under the EC Treaty/Euratom Treaty whose publication is not obligatory

RECOMMENDATIONS

Commission

| 7.2.2008 | EN | Official Journal of the European Union | L 33/8 |
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7.2.2008

EN

Official Journal of the European Union

L 33/8

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COMMISSION RECOMMENDATION

of 6 December 2007

on risk reduction measures for the substances: Piperazine; Cyclohexane; Methylenediphenyl diisocyanate; But-2yne-1,4-diol; Methyloxirane; Aniline; 2-Ethylhexylacrylate; 1,4-Dichlorobenzene; 3,5-dinitro-2,6-dimethyl-4-tert-butylacetophenone; Di-(2-ethylhexyl)phthalate; Phenol; 5-tert-butyl-2,4,6-trinitro-m-xylene

(notified under document number C(2007) 5901)

(Text with EEA relevance)

(2008/98/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Regulation (EEC) No 793/93 of 23 March 1993 on the evaluation and control of the risks of existing substances (1) and in particular Article 11(2) thereof,

Whereas:

| (1) | In the framework of Regulation (EEC) No 793/93 the following substances have been identified as priority substances for evaluation in accordance with Commission Regulations (EC) No 1179/94 (2), (EC) No 2268/95 (3) and (EC) No 143/97 (4) respectively concerning the first, second and third list of priority substances as foreseen under Regulation (EEC) No 793/93:






  — | Piperazine, |
| --- | --- | --- |

(1)

In the framework of Regulation (EEC) No 793/93 the following substances have been identified as priority substances for evaluation in accordance with Commission Regulations (EC) No 1179/94 (2), (EC) No 2268/95 (3) and (EC) No 143/97 (4) respectively concerning the first, second and third list of priority substances as foreseen under Regulation (EEC) No 793/93:

—

Piperazine,

| — | Cyclohexane, |
| --- | --- |

—

Cyclohexane,

| — | Methylenediphenyl diisocyanate, |
| --- | --- |

—

Methylenediphenyl diisocyanate,

| — | But-2-yne-1,4-diol, |
| --- | --- |

—

But-2-yne-1,4-diol,

| — | Methyloxirane, |
| --- | --- |

—

Methyloxirane,

| — | Aniline, |
| --- | --- |

—

Aniline,

| — | 2-Ethylhexylacrylate, |
| --- | --- |

—

2-Ethylhexylacrylate,

| — | 1,4-Dichlorobenzene, |
| --- | --- |

—

1,4-Dichlorobenzene,

| — | 3,5-dinitro-2,6-dimethyl-4-tert-butylacetophenone, |
| --- | --- |

—

3,5-dinitro-2,6-dimethyl-4-tert-butylacetophenone,

| — | Di-(2-ethylhexyl)phthalate (DEHP), |
| --- | --- |

—

Di-(2-ethylhexyl)phthalate (DEHP),

| — | Phenol, |
| --- | --- |

—

Phenol,

| — | 5-tert-butyl-2,4,6-trinitro-m-xylene. |
| --- | --- |

—

5-tert-butyl-2,4,6-trinitro-m-xylene.

| (2) | The rapporteur Member States designated pursuant to those Regulations have completed the risk evaluation activities with regard to man and the environment for those substances in accordance with Commission Regulation (EC) No 1488/94 of 28 June 1994 laying down the principles for the assessment of risks to man and the environment of existing substances (5) and have suggested a strategy for limiting the risks in accordance with Regulation (EEC) No 793/93. |
| --- | --- |

(2)

The rapporteur Member States designated pursuant to those Regulations have completed the risk evaluation activities with regard to man and the environment for those substances in accordance with Commission Regulation (EC) No 1488/94 of 28 June 1994 laying down the principles for the assessment of risks to man and the environment of existing substances (5) and have suggested a strategy for limiting the risks in accordance with Regulation (EEC) No 793/93.

| (3) | The Scientific Committee on Toxicity, Ecotoxicity and the Environment (SCTEE) or the Scientific Committee on Health and Environmental Risks (SCHER) have been consulted and have issued opinions with respect to the risk evaluations carried out by the rapporteurs. The opinions have been published on the website of the Scientific Committees. |
| --- | --- |

(3)

The Scientific Committee on Toxicity, Ecotoxicity and the Environment (SCTEE) or the Scientific Committee on Health and Environmental Risks (SCHER) have been consulted and have issued opinions with respect to the risk evaluations carried out by the rapporteurs. The opinions have been published on the website of the Scientific Committees.

| (4) | The results of the risk evaluation and further results of the strategies for limiting the risks are set out in the corresponding Commission Communication of 7 February 2008 (6) on the risk evaluation and the risk reduction strategies for the substances: Piperazine; Cyclohexane; Methylenediphenyl diisocyanate; But-2yne-1,4-diol; Methyloxirane; Aniline; 2-Ethylhexylacrylate; 1,4-Dichlorobenzene; 3,5-dinitro-2,6-dimethyl-4-tert-butylacetophenone; Di-(2-ethylhexyl)phthalate; Phenol; 5-tert-butyl-2,4,6-trinitro-m-xylene. |
| --- | --- |

(4)

The results of the risk evaluation and further results of the strategies for limiting the risks are set out in the corresponding Commission Communication of 7 February 2008 (6) on the risk evaluation and the risk reduction strategies for the substances: Piperazine; Cyclohexane; Methylenediphenyl diisocyanate; But-2yne-1,4-diol; Methyloxirane; Aniline; 2-Ethylhexylacrylate; 1,4-Dichlorobenzene; 3,5-dinitro-2,6-dimethyl-4-tert-butylacetophenone; Di-(2-ethylhexyl)phthalate; Phenol; 5-tert-butyl-2,4,6-trinitro-m-xylene.

| (5) | It is appropriate, on the basis of that evaluation, to recommend certain risk reduction measures for certain substances. |
| --- | --- |

(5)

It is appropriate, on the basis of that evaluation, to recommend certain risk reduction measures for certain substances.

| (6) | The risk reduction measures recommended for workers should be considered within the framework of the legislation for workers protection, which is considered to provide an adequate framework to limit the risks of the relevant substances to the extent needed. |
| --- | --- |

(6)

The risk reduction measures recommended for workers should be considered within the framework of the legislation for workers protection, which is considered to provide an adequate framework to limit the risks of the relevant substances to the extent needed.

| (7) | The risk reduction measures provided for in this recommendation are in accordance with the opinion of the Committee set up pursuant to Article 15(1) of Regulation (EEC) No 793/93, |
| --- | --- |

(7)

The risk reduction measures provided for in this recommendation are in accordance with the opinion of the Committee set up pursuant to Article 15(1) of Regulation (EEC) No 793/93,

HEREBY RECOMMENDS:

SECTION 1

PIPERAZINE

(CAS No 110-85-0; Einecs No 203-808-3)

Risk reduction measures for the environment (1, 2, 3)

| 1. | The competent authorities in the Member States concerned lay down conditions, emission limit values or equivalent parameters or technical measures regarding piperazine in the permits issued under Council Directive 96/61/EC (7) (Integrated Pollution Prevention and Control) in order to operate according to the best available techniques taking into account the technical characteristic of the installations concerned, their geographical location and the local environmental conditions. |
| --- | --- |

1.

| 2. | Member States should carefully monitor the implementation of BAT regarding piperazine and report any important developments to the Commission in the framework of the exchange of information on BAT. To facilitate permitting and monitoring under Council Directive 96/61/EC (Integrated Pollution Prevention and Control) piperazine should be included in the ongoing work to develop guidance on ‘Best Available Techniques’ (BAT). |
| --- | --- |

2.

| 3. | Local emissions to the environment shall, where necessary, be controlled by national rules to ensure that no risk for the environment is expected. |
| --- | --- |

3.

SECTION 2

METHYLENEDIPHENYL DIISOCYANATE

(CAS No 26447-40-5; Einecs No 247-714-0)

Risk reduction measures for workers (4)

| 4. | Employers using MDI for uses identified as a concern in the risk assessment should take note of any sector specific guidance developed at national level based on the practical non-binding guidance, to be published by and available from the Commission as foreseen under Article 12(2) of Council Directive 98/24/EC (8) (Chemical Agents Directive). |
| --- | --- |

4.

SECTION 3

BUT-2-YNE-1,4-DIOL

(CAS No 110-65-6; Einecs No 203-788-6)

Risk reduction measures for workers

| 5. | Employers using But-2-yne-1,4-diol for uses identified as a concern in the risk assessment and especially the use of flakes, should take note of any sector specific guidance developed at national level based on the practical non-binding guidance, to be published by and available from the Commission as foreseen under Article 12(2) of Directive 98/24/EC (Chemical Agents Directive). |
| --- | --- |

5.

SECTION 4

ANILINE

(CAS No 62-53-3; Einecs No 200-539-3)

Risk reduction measures for workers (6), Consumers (7) and the environment (8, 9, 10, 11)

| 6. | That employers using Aniline for use in to develop activities with foreseeable exposure (e.g. servicing or maintenance work on closed systems) should take note of any sector specific guidance developed at national level based on the practical non-binding guidance, to be published by and available from the Commission as foreseen under Article 12(2) of Directive 98/24/EC (Chemical Agents Directive). |
| --- | --- |

6.

| 7. | Member States should carry out an active and effective market surveillance of the situation in their territories concerning the presence of Aniline containing consumer products and to notify the Commission through the Rapid Alert System of Directive 2001/95/EC (9) (General Product Safety). If proved necessary these products should be removed from the market as being unsafe under the general safety obligation provisions of the Directive. |
| --- | --- |

7.

| 8. | For the river basins where emissions of Aniline may cause a risk, the relevant Member State(s) establish EQSs and the national pollution reduction measures to achieve those EQS in 2015 shall be included in the river basin management plans in line with the provisions of Council and Parliament Directive 2000/60/EC (10) (Water Framework Directive). |
| --- | --- |

8.

| 9. | Competent authorities in the Member States concerned lay down conditions, emission limit values or equivalent parameters or technical measures regarding Aniline in the permits issued under Council Directive 96/61/EC (Integrated Pollution Prevention and Control) in order to operate according to the best available techniques taking into account the technical characteristic of the installations concerned, their geographical location and the local environmental conditions. |
| --- | --- |

9.

| 10. | Member States should carefully monitor the implementation of BAT regarding Aniline and report any important developments to the Commission in the framework of the exchange of information on BAT. To facilitate permitting and monitoring under Council Directive 96/61/EC (Integrated Pollution Prevention and Control) Aniline should be included in the ongoing work to develop guidance on ‘Best Available Techniques’ (BAT). |
| --- | --- |

10.

| 11. | Local emissions to the aquatic environment and via air emissions of Aniline should, where necessary, be controlled by national rules to ensure that no risk for the environment is expected. The measures identified to protect the environment will also reduce exposure of humans via the environment. |
| --- | --- |

11.

SECTION 5

DI-(2-ETHYLHEXYL)PHTHALATE (DEHP)

(CAS No 117-81-7; Einecs No 204-211-0)

Risk reduction measures for the environment

| 12. | For the river basins where emissions of DEHP may cause a risk, the relevant Member State(s) establish EQSs and the national pollution reduction measures to achieve those EQS in 2015 shall be included in the river basin management plans in line with the provisions of Council and Parliament Directive 2000/60/EC (Water Framework Directive). |
| --- | --- |

12.

SECTION 6

PHENOL

(CAS No 108-95-2; Einecs No 203-632-7)

Risk reduction measures for Consumers and the environment

| 13. | Member States should carry out an active and effective market surveillance of the situation in their territories concerning the presence of consumer products containing phenol and, if necessary, should notify the Commission through the Rapid Alert System of Directive 2001/95/EC (General Products Safety Directive). If proven necessary, these products should be removed from the market as being unsafe under the general safety obligation provisions of the Directive. |
| --- | --- |

13.

| 14. | Competent authorities in the Member States concerned should lay down, in the permits issued under Directive 96/61/EC, emission limit values or equivalent parameters or technical measures regarding phenol in order to operate by 31 October 2007 according to the BAT taking into account the technical characteristic of the installations concerned, their geographical location and the local environmental conditions. Competent authorities in the Member States concerned should pay special regard to potential risks from phenol production and/or processing sites, in respect of industrial wastewater treatment plants situated at such sites, and in respect of humans exposed via the environment (plant shoots contaminated by air emissions from such sites). |
| --- | --- |

14.

| 15. | Member States should carefully monitor the implementation of BAT regarding phenol and report any important developments to the Commission in the framework of the exchange of information on BAT. To facilitate permitting and monitoring under Council Directive 96/61/EC (Integrated Pollution Prevention and Control) phenol should be included in the ongoing work to develop guidance on ‘Best Available Techniques’ (BAT). |
| --- | --- |

15.

| 16. | Local emissions to the environment and to industrial wastewater treatment plants should, where necessary, be controlled by national rules to ensure that no risk for the microorganisms in the industrial wastewater treatment plants and to humans exposed via the environment is expected. |
| --- | --- |

16.

SECTION 7

ADDRESSEES

| 17. | This Recommendation is addressed to all sectors importing, producing, transporting, storing, formulating into a preparation or other processing, using, disposing or recovering the substances and to the Member States. |
| --- | --- |

17.

Done at Brussels, 6 December 2007.

For the Commission

Stavros DIMAS

Member of the Commission

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(1)  
  OJ L 84, 5.4.1993, p. 1. Regulation as amended by Regulation (EC) No 1882/2003 of the European Parlament and of the Council (OJ L 284, 31.10.2003, p. 1).

1

(2)  
  OJ L 131, 26.5.1994, p. 3.

2

(3)  
  OJ L 231, 28.9.1995, p. 18.

3

(4)  
  OJ L 25, 28.1.1997, p. 13.

4

(5)  
  OJ L 161, 29.6.1994, p. 3.

5

(6)  
  OJ C 34, 7.2.2008, p. 1.

6

(7)  
  OJ L 257, 10.10.1996, p. 26. Directive as last amended by Regulation (EC) No 166/2006 of the European Parliament and of the Council (OJ L 33, 4.2.2006, p. 1).

7

(8)  
  OJ L 131, 5.5.1998, p. 11. Directive as amended by Directive 2007/30/EC of the European Parliament and of the Council (OJ L 165, 27.6.2007, p. 21).

8

(9)  
  OJ L 11, 15.1.2002, p. 4.

9

(10)  
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10

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Corrigenda

| 7.2.2008 | EN | Official Journal of the European Union | L 33/12 |
| --- | --- | --- | --- |

7.2.2008

EN

Official Journal of the European Union

L 33/12

---

Corrigendum to Council Regulation (EC) No 71/2007 of 20 December 2007 setting up the Clean Sky Joint Undertaking

(
  Official Journal of the European Union L 30 of 4 February 2008
  )

In the contents on the cover page and on page 1, the title should read as follows:

for:

‘Council Regulation (EC) No 71/2007 of 20 December 2007 setting up the Clean Sky Joint Undertaking’,

read:

‘Council Regulation (EC) No 71/2008 of 20 December 2007 setting up the Clean Sky Joint Undertaking’.

---