# Official Journal L 299/2011

| | ISSN 1977-0677
  doi:10.3000/19770677.L_2011.299.eng |
| --- | --- |
| Official Journal
  of the European Union | L 299 |
| | |
| English edition | Legislation | Volume 5417 November 2011 |

ISSN 1977-0677

doi:10.3000/19770677.L_2011.299.eng

Official Journal

of the European Union

L 299

English edition

Legislation

Volume 5417 November 2011

---

| Contents | | II   Non-legislative acts | page |
| --- | --- | --- | --- |
| | | REGULATIONS |
| | * | Commission Regulation (EU) No 1170/2011 of 16 November 2011 refusing to authorise certain health claims made on foods and referring to the reduction of disease risk (
  1
  ) | 1 |
| | * | Commission Regulation (EU) No 1171/2011 of 16 November 2011 refusing to authorise certain health claims made on foods, other than those referring to the reduction of disease risk and to children’s development and health (
  1
  ) | 4 |
| | | Commission Implementing Regulation (EU) No 1172/2011 of 16 November 2011 establishing the standard import values for determining the entry price of certain fruit and vegetables | 7 |
| | | DECISIONS |
| | | 2011/745/EU |
| | * | Commission Decision of 11 November 2011 amending Decisions 2010/2/EU and 2011/278/EU as regards the sectors and subsectors which are deemed to be exposed to a significant risk of carbon leakage
  (notified under document C(2011) 8017)

   (
  1
  ) | 9 |

Contents

II   Non-legislative acts

page

REGULATIONS

*

Commission Regulation (EU) No 1170/2011 of 16 November 2011 refusing to authorise certain health claims made on foods and referring to the reduction of disease risk (
  1
  )

1

1

*

Commission Regulation (EU) No 1171/2011 of 16 November 2011 refusing to authorise certain health claims made on foods, other than those referring to the reduction of disease risk and to children’s development and health (
  1
  )

1

4

Commission Implementing Regulation (EU) No 1172/2011 of 16 November 2011 establishing the standard import values for determining the entry price of certain fruit and vegetables

7

DECISIONS

2011/745/EU

*

Commission Decision of 11 November 2011 amending Decisions 2010/2/EU and 2011/278/EU as regards the sectors and subsectors which are deemed to be exposed to a significant risk of carbon leakage
  (notified under document C(2011) 8017)

   (
  1
  )

(notified under document C(2011) 8017)

1

9

| | |
| --- | --- |
| | (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

| 17.11.2011 | EN | Official Journal of the European Union | L 299/1 |
| --- | --- | --- | --- |

17.11.2011

EN

Official Journal of the European Union

L 299/1

---

COMMISSION REGULATION (EU) No 1170/2011

of 16 November 2011

refusing to authorise certain health claims made on foods and referring to the reduction of disease risk

(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 1924/2006 of the European Parliament and of the Council of 20 December 2006 on nutrition and health claims made on foods (1), and in particular Article 17(3) thereof,

Whereas:

| (1) | Pursuant to Regulation (EC) No 1924/2006 health claims made on foods are prohibited unless they are authorised by the Commission in accordance with that Regulation and included in a list of permitted claims. |
| --- | --- |

(1)

Pursuant to Regulation (EC) No 1924/2006 health claims made on foods are prohibited unless they are authorised by the Commission in accordance with that Regulation and included in a list of permitted claims.

| (2) | Regulation (EC) No 1924/2006 also provides that applications for authorisations of health claims may be submitted by food business operators to the national competent authority of a Member State. The national competent authority is to forward valid applications to the European Food Safety Authority (EFSA), hereinafter referred to as ‧the Authority‧. |
| --- | --- |

(2)

Regulation (EC) No 1924/2006 also provides that applications for authorisations of health claims may be submitted by food business operators to the national competent authority of a Member State. The national competent authority is to forward valid applications to the European Food Safety Authority (EFSA), hereinafter referred to as ‧the Authority‧.

| (3) | Following receipt of an application the Authority is to inform without delay the other Member States and the Commission thereof, and to deliver an opinion on the health claim concerned. |
| --- | --- |

(3)

Following receipt of an application the Authority is to inform without delay the other Member States and the Commission thereof, and to deliver an opinion on the health claim concerned.

| (4) | The Commission is to decide on the authorisation of health claims taking into account the opinion delivered by the Authority. |
| --- | --- |

(4)

The Commission is to decide on the authorisation of health claims taking into account the opinion delivered by the Authority.

| (5) | Following an application from Prof. Dr. Moritz Hagenmeyer and Prof. Dr. Andreas Hahn, submitted pursuant to Article 14(1)(a) of Regulation (EC) No 1924/2006, the Authority was required to deliver an opinion on a health claim related to the effects of water and reduction of the risk of development of dehydration and of concomitant decrease of performance (Question No EFSA-Q-2008-05014) (2). The claim proposed by the applicant was worded as follows: ‧Regular consumption of significant amounts of water can reduce the risk of development of dehydration and of concomitant decrease of performance‧. |
| --- | --- |

(5)

Following an application from Prof. Dr. Moritz Hagenmeyer and Prof. Dr. Andreas Hahn, submitted pursuant to Article 14(1)(a) of Regulation (EC) No 1924/2006, the Authority was required to deliver an opinion on a health claim related to the effects of water and reduction of the risk of development of dehydration and of concomitant decrease of performance (Question No EFSA-Q-2008-05014) (2). The claim proposed by the applicant was worded as follows: ‧Regular consumption of significant amounts of water can reduce the risk of development of dehydration and of concomitant decrease of performance‧.

| (6) | Article 2(2)(6) of Regulation (EC) No 1924/2006 defines reduction of disease risk claims as ‧any health claim that states, suggests or implies that the consumption of a food category, a food or one of its constituents significantly reduces a risk factor in the development of a human disease‧. Upon request for clarification, the applicant proposed water loss in tissues or reduced water content in tissues as risk factors of dehydration. On the basis of the data presented, the Authority concluded in its opinion received by the Commission and the Member States on 16 February 2011 that the proposed risk factors are measures of water depletion and thus are measures of the disease. Accordingly, as a risk factor in the development of a disease is not shown to be reduced, the claim does not comply with the requirements of Regulation (EC) No 1924/2006 and it should not be authorised. |
| --- | --- |

(6)

Article 2(2)(6) of Regulation (EC) No 1924/2006 defines reduction of disease risk claims as ‧any health claim that states, suggests or implies that the consumption of a food category, a food or one of its constituents significantly reduces a risk factor in the development of a human disease‧. Upon request for clarification, the applicant proposed water loss in tissues or reduced water content in tissues as risk factors of dehydration. On the basis of the data presented, the Authority concluded in its opinion received by the Commission and the Member States on 16 February 2011 that the proposed risk factors are measures of water depletion and thus are measures of the disease. Accordingly, as a risk factor in the development of a disease is not shown to be reduced, the claim does not comply with the requirements of Regulation (EC) No 1924/2006 and it should not be authorised.

| (7) | Following an application from FrieslandCampina, submitted pursuant to Article 14(1)(a) of Regulation (EC) No 1924/2006, the Authority was required to deliver an opinion on a health claim related to the effects of acidic calcium-containing fruit juices on reduction of tooth demineralisation (Question No EFSA-Q-2009-00501) (3). The claim proposed by the applicant was worded, inter alia, as follows: ‧Reduced risk for dental erosion‧. |
| --- | --- |

(7)

Following an application from FrieslandCampina, submitted pursuant to Article 14(1)(a) of Regulation (EC) No 1924/2006, the Authority was required to deliver an opinion on a health claim related to the effects of acidic calcium-containing fruit juices on reduction of tooth demineralisation (Question No EFSA-Q-2009-00501) (3). The claim proposed by the applicant was worded, inter alia, as follows: ‧Reduced risk for dental erosion‧.

| (8) | Article 2(2)(6) of Regulation (EC) No 1924/2006 defines reduction of disease risk claims as ‧any health claim that states, suggests or implies that the consumption of a food category, a food or one of its constituents significantly reduces a risk factor in the development of a human disease‧. Upon request for clarification, the applicant proposed tooth demineralisation as a risk factor for tooth erosion. On the basis of the data presented, the Authority concluded in its opinion received by the Commission and the Member States on 18 February 2011 that a cause and effect relationship had not been established between the consumption of acidic calcium-containing fruit juices in replacement of fruit juice without added calcium and the reduction of tooth demineralisation. Accordingly, as the claim does not comply with the requirements of Regulation (EC) No 1924/2006, it should not be authorised. |
| --- | --- |

(8)

Article 2(2)(6) of Regulation (EC) No 1924/2006 defines reduction of disease risk claims as ‧any health claim that states, suggests or implies that the consumption of a food category, a food or one of its constituents significantly reduces a risk factor in the development of a human disease‧. Upon request for clarification, the applicant proposed tooth demineralisation as a risk factor for tooth erosion. On the basis of the data presented, the Authority concluded in its opinion received by the Commission and the Member States on 18 February 2011 that a cause and effect relationship had not been established between the consumption of acidic calcium-containing fruit juices in replacement of fruit juice without added calcium and the reduction of tooth demineralisation. Accordingly, as the claim does not comply with the requirements of Regulation (EC) No 1924/2006, it should not be authorised.

| (9) | The comments from the applicants and the members of the public received by the Commission pursuant to Article 16(6) of Regulation (EC) No 1924/2006 have been considered when setting the measures provided for in this Regulation. |
| --- | --- |

(9)

The comments from the applicants and the members of the public received by the Commission pursuant to Article 16(6) of Regulation (EC) No 1924/2006 have been considered when setting the measures provided for in this Regulation.

| (10) | The measures provided for in this Regulation are in accordance with the opinion of the Standing Committee on the Food Chain and Animal Health and neither the European Parliament nor the Council have opposed them, |
| --- | --- |

(10)

The measures provided for in this Regulation are in accordance with the opinion of the Standing Committee on the Food Chain and Animal Health and neither the European Parliament nor the Council have opposed them,

HAS ADOPTED THIS REGULATION:

Article 1

The health claims listed in the Annex to this Regulation shall not be included in the Union list of permitted claims as provided for in Article 14(1) of Regulation (EC) No 1924/2006.

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, 16 November 2011.

For the Commission

The President

José Manuel BARROSO

---

(1)  
  OJ L 404, 30.12.2006, p. 9.

1

(2)  
  EFSA Journal 2011; 9(2):1982.

2

EFSA Journal

(3)  
  EFSA Journal 2011; 9(2):1983.

3

EFSA Journal

---

ANNEX

Rejected health claims

| Application — Relevant provisions of Regulation (EC) No 1924/2006 | Nutrient, substance, food or food category | Claim | EFSA opinion reference |
| --- | --- | --- | --- |
| Article 14(1)(a) health claim referring to a reduction of a disease risk | Water | Regular consumption of significant amounts of water can reduce the risk of development of dehydration and of concomitant decrease of performance | Q-2008-05014 |
| Article 14(1)(a) health claim referring to a reduction of a disease risk | Calcium-containing fruit juices | Reduced risk for dental erosion | Q-2009-00501 |

Application — Relevant provisions of Regulation (EC) No 1924/2006

Nutrient, substance, food or food category

Claim

EFSA opinion reference

Article 14(1)(a) health claim referring to a reduction of a disease risk

Water

Regular consumption of significant amounts of water can reduce the risk of development of dehydration and of concomitant decrease of performance

Q-2008-05014

Article 14(1)(a) health claim referring to a reduction of a disease risk

Calcium-containing fruit juices

Reduced risk for dental erosion

Q-2009-00501

---

| 17.11.2011 | EN | Official Journal of the European Union | L 299/4 |
| --- | --- | --- | --- |

17.11.2011

EN

Official Journal of the European Union

L 299/4

---

COMMISSION REGULATION (EU) No 1171/2011

of 16 November 2011

refusing to authorise certain health claims made on foods, other than those referring to the reduction of disease risk and to children’s development and health

(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 1924/2006 of the European Parliament and of the Council of 20 December 2006 on nutrition and health claims made on foods (1), and in particular Article 18(5) thereof,

Whereas:

| (1) | Pursuant to Regulation (EC) No 1924/2006 health claims made on foods are prohibited unless they are authorised by the Commission in accordance with that Regulation and included in a list of permitted claims. |
| --- | --- |

(1)

Pursuant to Regulation (EC) No 1924/2006 health claims made on foods are prohibited unless they are authorised by the Commission in accordance with that Regulation and included in a list of permitted claims.

| (2) | Regulation (EC) No 1924/2006 also provides that applications for authorisations of health claims may be submitted by food business operators to the national competent authority of a Member State. The national competent authority is to forward valid applications to the European Food Safety Authority (EFSA), hereinafter referred to as ‘the Authority’. |
| --- | --- |

(2)

Regulation (EC) No 1924/2006 also provides that applications for authorisations of health claims may be submitted by food business operators to the national competent authority of a Member State. The national competent authority is to forward valid applications to the European Food Safety Authority (EFSA), hereinafter referred to as ‘the Authority’.

| (3) | Following receipt of an application the Authority is to inform without delay the other Member States and the Commission thereof and to deliver an opinion on the health claim concerned. |
| --- | --- |

(3)

Following receipt of an application the Authority is to inform without delay the other Member States and the Commission thereof and to deliver an opinion on the health claim concerned.

| (4) | The Commission is to decide on the authorisation of health claims taking into account the opinion delivered by the Authority. |
| --- | --- |

(4)

The Commission is to decide on the authorisation of health claims taking into account the opinion delivered by the Authority.

| (5) | Following an application from Yakult Europe BV, submitted pursuant to Article 13(5) of Regulation (EC) No 1924/2006, the Authority was required to deliver an opinion on a health claim related to the effects of live Lactobacillus casei strain Shirota and maintenance of the upper respiratory tract defence against pathogens by maintaining immune defences (Question No EFSA-Q-2010-00137) (2). The claim proposed by the applicant was worded, inter alia, as follows: ‘Daily consumption of live Lactobacillus casei strain Shirota as present in a fermented milk product helps maintain the upper respiratory tract defences by helping to support immune functions’. |
| --- | --- |

(5)

Following an application from Yakult Europe BV, submitted pursuant to Article 13(5) of Regulation (EC) No 1924/2006, the Authority was required to deliver an opinion on a health claim related to the effects of live Lactobacillus casei strain Shirota and maintenance of the upper respiratory tract defence against pathogens by maintaining immune defences (Question No EFSA-Q-2010-00137) (2). The claim proposed by the applicant was worded, inter alia, as follows: ‘Daily consumption of live Lactobacillus casei strain Shirota as present in a fermented milk product helps maintain the upper respiratory tract defences by helping to support immune functions’.

| (6) | On 18 October 2010, the Commission and the Member States received the scientific opinion from the Authority, which concluded that on the basis of the data presented, a cause and effect relationship had not been established between the consumption of Lactobacillus casei strain Shirota and the claimed effect. Accordingly, as the claim does not comply with the requirements of Regulation (EC) No 1924/2006, it should not be authorised. |
| --- | --- |

(6)

On 18 October 2010, the Commission and the Member States received the scientific opinion from the Authority, which concluded that on the basis of the data presented, a cause and effect relationship had not been established between the consumption of Lactobacillus casei strain Shirota and the claimed effect. Accordingly, as the claim does not comply with the requirements of Regulation (EC) No 1924/2006, it should not be authorised.

| (7) | Following an application from Piimandusühistu E-Piim (Dairy Cooperative E-Piim), submitted pursuant to Article 13(5) of Regulation (EC) No 1924/2006, the Authority was required to deliver an opinion on a health claim related to the effects of Lactobacillus plantarum TENSIATM in the semi-hard Edam-type ‘heart cheese’ of HarmonyTM and maintenance of normal blood pressure (Question No EFSA-Q-2010-00950) (3). The claim proposed by the applicant was worded as follows: ‘Regular consumption (at least three weeks) of 50 g/day Südamejuust (“heart cheese”) of HarmonyTM brand comprising probiotic Lactobacillus plantarum TENSIATM helps to maintain the cardio-vascular system/heart health through reduction of blood pressure/symbol of heart’. |
| --- | --- |

(7)

Following an application from Piimandusühistu E-Piim (Dairy Cooperative E-Piim), submitted pursuant to Article 13(5) of Regulation (EC) No 1924/2006, the Authority was required to deliver an opinion on a health claim related to the effects of Lactobacillus plantarum TENSIATM in the semi-hard Edam-type ‘heart cheese’ of HarmonyTM and maintenance of normal blood pressure (Question No EFSA-Q-2010-00950) (3). The claim proposed by the applicant was worded as follows: ‘Regular consumption (at least three weeks) of 50 g/day Südamejuust (“heart cheese”) of HarmonyTM brand comprising probiotic Lactobacillus plantarum TENSIATM helps to maintain the cardio-vascular system/heart health through reduction of blood pressure/symbol of heart’.

| (8) | On 14 February 2011, the Commission and the Member States received the scientific opinion from the Authority, which concluded that on the basis of the data presented, a cause and effect relationship had not been established between the consumption of Lactobacillus plantarum TENSIATM in the semi-hard Edam-type ‘heart cheese’ of HarmonyTM and the claimed effect. Accordingly, as the claim does not comply with the requirements of Regulation (EC) No 1924/2006, it should not be authorised. |
| --- | --- |

(8)

On 14 February 2011, the Commission and the Member States received the scientific opinion from the Authority, which concluded that on the basis of the data presented, a cause and effect relationship had not been established between the consumption of Lactobacillus plantarum TENSIATM in the semi-hard Edam-type ‘heart cheese’ of HarmonyTM and the claimed effect. Accordingly, as the claim does not comply with the requirements of Regulation (EC) No 1924/2006, it should not be authorised.

| (9) | The health claims subject to this Regulation are health claim as referred to in point (a) of Article 13(1) of Regulation (EC) No 1924/2006 and may benefit from the transitional period laid down in Article 28(5) of that Regulation. As the Authority concluded that cause and effect relationships have not been established between the foods and the claimed effects, the claims do not comply with Regulation (EC) No 1924/2006, and therefore they may not benefit from the transitional period provided for in that Article. |
| --- | --- |

(9)

The health claims subject to this Regulation are health claim as referred to in point (a) of Article 13(1) of Regulation (EC) No 1924/2006 and may benefit from the transitional period laid down in Article 28(5) of that Regulation. As the Authority concluded that cause and effect relationships have not been established between the foods and the claimed effects, the claims do not comply with Regulation (EC) No 1924/2006, and therefore they may not benefit from the transitional period provided for in that Article.

| (10) | In order to ensure that this Regulation is fully complied with, both food business operators and the national competent authorities should take the necessary actions to ensure that, at the latest 6 months following the entry into force of this Regulation, products bearing the health claims listed in its Annex are no longer present on the market. |
| --- | --- |

(10)

In order to ensure that this Regulation is fully complied with, both food business operators and the national competent authorities should take the necessary actions to ensure that, at the latest 6 months following the entry into force of this Regulation, products bearing the health claims listed in its Annex are no longer present on the market.

| (11) | The comments from the applicants and the members of the public received by the Commission pursuant to Article 16(6) of Regulation (EC) No 1924/2006 have been considered when setting the measures provided for in this Regulation. |
| --- | --- |

(11)

The comments from the applicants and the members of the public received by the Commission pursuant to Article 16(6) of Regulation (EC) No 1924/2006 have been considered when setting the measures provided for in this Regulation.

| (12) | The measures provided for in this Regulation are in accordance with the opinion of the Standing Committee on the Food Chain and Animal Health and neither the European Parliament nor the Council have opposed them, |
| --- | --- |

(12)

The measures provided for in this Regulation are in accordance with the opinion of the Standing Committee on the Food Chain and Animal Health and neither the European Parliament nor the Council have opposed them,

HAS ADOPTED THIS REGULATION:

Article 1

1.   The health claims listed in the Annex to this Regulation shall not be included in the Union list of permitted claims as provided for in Article 13(3) of Regulation (EC) No 1924/2006.

2.   However, products bearing these health claims placed on the market or labelled prior to the date of entry into force of this Regulation may remain on the market for a maximum period of 6 months after that date.

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, 16 November 2011.

For the Commission

The President

José Manuel BARROSO

---

(1)  
  OJ L 404, 30.12.2006, p. 9.

1

(2)  The EFSA Journal 2010; 8(10):1860.

2

(3)  The EFSA Journal 2011; 9(2):1981.

3

---

ANNEX

Rejected health claims

| Application – Relevant provisions of Regulation (EC) No 1924/2006 | Nutrient, substance, food or food category | Claim | EFSA opinion reference |
| --- | --- | --- | --- |
| Article 13(5) health claim based on newly developed scientific evidence and/or including a request for the protection of proprietary data | Live Lactobacillus casei strain Shirota | Daily consumption of live Lactobacillus casei strain Shirota as present in a fermented milk product helps maintain the upper respiratory tract defences by helping to support immune functions | Q-2010-00137 |
| Article 13(5) health claim based on newly developed scientific evidence and/or including a request for the protection of proprietary data | Lactobacillus plantarum TENSIATM | Regular consumption (at least three weeks) of 50 g/day Südamejuust (‘heart cheese’) of HarmonyTM brand comprising probiotic Lactobacillus plantarum TENSIATM helps to maintain the cardio-vascular system/heart health through reduction of blood pressure/symbol of heart | Q-2010-00950 |

Application – Relevant provisions of Regulation (EC) No 1924/2006

Nutrient, substance, food or food category

Claim

EFSA opinion reference

Article 13(5) health claim based on newly developed scientific evidence and/or including a request for the protection of proprietary data

Live Lactobacillus casei strain Shirota

Daily consumption of live Lactobacillus casei strain Shirota as present in a fermented milk product helps maintain the upper respiratory tract defences by helping to support immune functions

Q-2010-00137

Article 13(5) health claim based on newly developed scientific evidence and/or including a request for the protection of proprietary data

Lactobacillus plantarum TENSIATM

Regular consumption (at least three weeks) of 50 g/day Südamejuust (‘heart cheese’) of HarmonyTM brand comprising probiotic Lactobacillus plantarum TENSIATM helps to maintain the cardio-vascular system/heart health through reduction of blood pressure/symbol of heart

Q-2010-00950

---

| 17.11.2011 | EN | Official Journal of the European Union | L 299/7 |
| --- | --- | --- | --- |

17.11.2011

EN

Official Journal of the European Union

L 299/7

---

COMMISSION IMPLEMENTING REGULATION (EU) No 1172/2011

of 16 November 2011

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:

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,

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 hereto.

Article 2

This Regulation shall enter into force on 17 November 2011.

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

Done at Brussels, 16 November 2011.

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 | AL | 58,9 |
| AR | 40,4 |
| MA | 48,6 |
| MK | 64,0 |
| TR | 87,5 |
| ZZ | 59,9 |
| 0707 00 05 | AL | 73,2 |
| EG | 161,4 |
| TR | 124,2 |
| ZZ | 119,6 |
| 0709 90 70 | MA | 61,2 |
| TR | 146,1 |
| ZZ | 103,7 |
| 0805 20 10 | MA | 91,2 |
| ZA | 65,5 |
| ZZ | 78,4 |
| 0805 20 30 , 0805 20 50 , 0805 20 70 , 0805 20 90 | HR | 82,7 |
| IL | 73,3 |
| MA | 79,7 |
| TR | 77,4 |
| ZZ | 78,3 |
| 0805 50 10 | TR | 53,2 |
| ZA | 43,5 |
| ZZ | 48,4 |
| 0806 10 10 | BR | 217,4 |
| CL | 70,8 |
| LB | 292,8 |
| PE | 200,1 |
| TR | 144,7 |
| US | 254,9 |
| ZA | 77,5 |
| ZZ | 179,7 |
| 0808 10 80 | CA | 86,1 |
| NZ | 136,4 |
| TR | 95,1 |
| US | 141,3 |
| ZA | 142,3 |
| ZZ | 120,2 |
| 0808 20 50 | CL | 73,3 |
| CN | 97,5 |
| TR | 85,0 |
| ZA | 73,2 |
| ZZ | 82,3 |

(EUR/100 kg)

CN code

Third country code (1)

Standard import value

0702 00 00

AL

58,9

AR

40,4

MA

48,6

MK

64,0

TR

87,5

ZZ

59,9

0707 00 05

AL

73,2

EG

161,4

TR

124,2

ZZ

119,6

0709 90 70

MA

61,2

TR

146,1

ZZ

103,7

0805 20 10

MA

91,2

ZA

65,5

ZZ

78,4

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

HR

82,7

IL

73,3

MA

79,7

TR

77,4

ZZ

78,3

0805 50 10

TR

53,2

ZA

43,5

ZZ

48,4

0806 10 10

BR

217,4

CL

70,8

LB

292,8

PE

200,1

TR

144,7

US

254,9

ZA

77,5

ZZ

179,7

0808 10 80

CA

86,1

NZ

136,4

TR

95,1

US

141,3

ZA

142,3

ZZ

120,2

0808 20 50

CL

73,3

CN

97,5

TR

85,0

ZA

73,2

ZZ

82,3

---

(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

| 17.11.2011 | EN | Official Journal of the European Union | L 299/9 |
| --- | --- | --- | --- |

17.11.2011

EN

Official Journal of the European Union

L 299/9

---

COMMISSION DECISION

of 11 November 2011

amending Decisions 2010/2/EU and 2011/278/EU as regards the sectors and subsectors which are deemed to be exposed to a significant risk of carbon leakage

(notified under document C(2011) 8017)

(Text with EEA relevance)

(2011/745/EU)

THE EUROPEAN COMMISSION,

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

Having regard to Directive 2003/87/EC of the European Parliament and of the Council of 13 October 2003 establishing a scheme for greenhouse gas emission allowance trading within the Community and amending Council Directive 96/61/EC (1), and in particular Article 10a(1) and (13) thereof,

Whereas:

| (1) | Commission Decision 2010/2/EU (2) determines, pursuant to Directive 2003/87/EC, a list of sectors and subsectors which are deemed to be exposed to a significant risk of carbon leakage. |
| --- | --- |

(1)

Commission Decision 2010/2/EU (2) determines, pursuant to Directive 2003/87/EC, a list of sectors and subsectors which are deemed to be exposed to a significant risk of carbon leakage.

| (2) | Commission Decision 2011/278/EU (3) determines transitional Union-wide rules for the harmonised free allocation of emission allowances pursuant to Article 10a of Directive 2003/87/EC. |
| --- | --- |

(2)

Commission Decision 2011/278/EU (3) determines transitional Union-wide rules for the harmonised free allocation of emission allowances pursuant to Article 10a of Directive 2003/87/EC.

| (3) | In accordance with the second subparagraph of Article 10a(13) of Directive 2003/87/EC, the Commission may, every year add a sector or subsector to the list of sectors and subsectors which are deemed to be exposed to a significant risk of carbon leakage. It has to be demonstrated, in an analytical report, that the sector or subsector satisfies the criteria set out in paragraphs 14 to 17 of Article 10a of that Directive, following a change that has a substantial impact on the sector’s or subsector’s activities. |
| --- | --- |

(3)

In accordance with the second subparagraph of Article 10a(13) of Directive 2003/87/EC, the Commission may, every year add a sector or subsector to the list of sectors and subsectors which are deemed to be exposed to a significant risk of carbon leakage. It has to be demonstrated, in an analytical report, that the sector or subsector satisfies the criteria set out in paragraphs 14 to 17 of Article 10a of that Directive, following a change that has a substantial impact on the sector’s or subsector’s activities.

| (4) | In order to determine the sectors or subsectors deemed to be exposed to a significant risk of carbon leakage, the Commission has to assess, at Union level, the extent to which it is possible for the sector or subsector concerned, at the relevant level of disaggregation, to pass on the direct cost of the required allowances and the indirect costs from higher electricity prices resulting from the implementation of Directive 2003/87/EC into product prices without significant loss of market share to less carbon efficient installations outside the Union. Those assessments are to be based on an average carbon price according to the Commission’s impact assessment accompanying the package of implementation measures for the Union’s objectives on climate change and renewable energy for 2020 and, if available, trade, production and value added data from the three most recent years for each sector or subsector. |
| --- | --- |

(4)

In order to determine the sectors or subsectors deemed to be exposed to a significant risk of carbon leakage, the Commission has to assess, at Union level, the extent to which it is possible for the sector or subsector concerned, at the relevant level of disaggregation, to pass on the direct cost of the required allowances and the indirect costs from higher electricity prices resulting from the implementation of Directive 2003/87/EC into product prices without significant loss of market share to less carbon efficient installations outside the Union. Those assessments are to be based on an average carbon price according to the Commission’s impact assessment accompanying the package of implementation measures for the Union’s objectives on climate change and renewable energy for 2020 and, if available, trade, production and value added data from the three most recent years for each sector or subsector.

| (5) | Some sectors and subsectors, such as the manufacture of bricks and roof tiles that had not been completely analysed due to time constraints and limited data quality and availability, were not added to the list published in the Annex to Decision 2010/2/EU. |
| --- | --- |

(5)

Some sectors and subsectors, such as the manufacture of bricks and roof tiles that had not been completely analysed due to time constraints and limited data quality and availability, were not added to the list published in the Annex to Decision 2010/2/EU.

| (6) | The sector of ‘Manufacture of bricks, tiles and constructions products, in baked clay’ (NACE code 2640) has been reassessed in 2010. That qualitative assessment demonstrated challenging market characteristics, such as growing trade, in particular increasing trend in imports from low cost manufacturing countries, increased international competitive pressure, a significant share of production in the Union served by small and medium sized enterprises, and only modest profit margins for the years evaluated compared to the additional CO2 cost, which limit the capacity of installations to invest and reduce emissions. Based on the combined impact of those factors, the sector should be deemed to be exposed to a significant risk of carbon leakage. |
| --- | --- |

(6)

The sector of ‘Manufacture of bricks, tiles and constructions products, in baked clay’ (NACE code 2640) has been reassessed in 2010. That qualitative assessment demonstrated challenging market characteristics, such as growing trade, in particular increasing trend in imports from low cost manufacturing countries, increased international competitive pressure, a significant share of production in the Union served by small and medium sized enterprises, and only modest profit margins for the years evaluated compared to the additional CO2 cost, which limit the capacity of installations to invest and reduce emissions. Based on the combined impact of those factors, the sector should be deemed to be exposed to a significant risk of carbon leakage.

| (7) | Furthermore, it has been demonstrated that the sector of ‘Production of salt’ (NACE code 1440) satisfies the quantitative criteria set out in Article 10a(14) to (17) of Directive 2003/87/EC following an identification of additional installations from the sector in the Community Independent Transaction Log (CITL) which was used as the main source to calculate the direct cost of the allowances. That sector should therefore be added to the list of sector or subsectors deemed to be exposed to a significant risk of carbon leakage. The identification of installations in the CITL as belonging to that sector has no impact on the status in terms of a significant risk of carbon leakage of other sectors and subsectors. |
| --- | --- |

(7)

Furthermore, it has been demonstrated that the sector of ‘Production of salt’ (NACE code 1440) satisfies the quantitative criteria set out in Article 10a(14) to (17) of Directive 2003/87/EC following an identification of additional installations from the sector in the Community Independent Transaction Log (CITL) which was used as the main source to calculate the direct cost of the allowances. That sector should therefore be added to the list of sector or subsectors deemed to be exposed to a significant risk of carbon leakage. The identification of installations in the CITL as belonging to that sector has no impact on the status in terms of a significant risk of carbon leakage of other sectors and subsectors.

| (8) | Some sectors not found to be exposed to a significant risk of carbon leakage at the NACE 4-level in Decision 2010/2/EU were disaggregated and a number of corresponding subsectors, for which certain specific distinguishing characteristics led to a significantly different impact from the rest of the sector, were assessed. Where this assessment leads to the conclusion that sectors or subsectors could be clearly distinguished from other sectors and subsectors on the basis of specific characteristics and satisfy the quantitative criteria set out in Article 10a(15) or (16) of Directive 2003/87/EC, they can be added to the list of products deemed to be exposed to a significant risk of carbon leakage. The sectors ‘Cocoa paste (excluding containing added sugar or other sweetening matter)’, ‘Cocoa butter, fat and oil’ and ‘Cocoa powder, not containing added sugar or other sweetening matter’ should therefore be added to the list. |
| --- | --- |

(8)

Some sectors not found to be exposed to a significant risk of carbon leakage at the NACE 4-level in Decision 2010/2/EU were disaggregated and a number of corresponding subsectors, for which certain specific distinguishing characteristics led to a significantly different impact from the rest of the sector, were assessed. Where this assessment leads to the conclusion that sectors or subsectors could be clearly distinguished from other sectors and subsectors on the basis of specific characteristics and satisfy the quantitative criteria set out in Article 10a(15) or (16) of Directive 2003/87/EC, they can be added to the list of products deemed to be exposed to a significant risk of carbon leakage. The sectors ‘Cocoa paste (excluding containing added sugar or other sweetening matter)’, ‘Cocoa butter, fat and oil’ and ‘Cocoa powder, not containing added sugar or other sweetening matter’ should therefore be added to the list.

| (9) | The further analysis called for by the second paragraph of Article 1 of Decision 2010/2/EU having been conducted, that paragraph should be deleted. The Commission found no evidence of the necessary intensity of trade that would justify inclusion of the concerned sectors to the list of sectors and subsectors deemed to be exposed to a significant risk of carbon leakage. |
| --- | --- |

(9)

The further analysis called for by the second paragraph of Article 1 of Decision 2010/2/EU having been conducted, that paragraph should be deleted. The Commission found no evidence of the necessary intensity of trade that would justify inclusion of the concerned sectors to the list of sectors and subsectors deemed to be exposed to a significant risk of carbon leakage.

| (10) | Decisions 2010/2/EU and 2011/278/EU should therefore be amended accordingly. |
| --- | --- |

(10)

Decisions 2010/2/EU and 2011/278/EU should therefore be amended accordingly.

| (11) | The measures provided for in this Decision are in accordance with the opinion of the Climate Change Committee, |
| --- | --- |

(11)

The measures provided for in this Decision are in accordance with the opinion of the Climate Change Committee,

HAS ADOPTED THIS DECISION:

Article 1

Amendments to Decision 2010/2/EU

Decision 2010/2/EU is amended as follows:

| (1) | in Article 1, the second paragraph is deleted; |
| --- | --- |

(1)

in Article 1, the second paragraph is deleted;

| (2) | the Annex to Decision 2010/2/EU is amended in accordance with Annex I to this Decision. |
| --- | --- |

(2)

the Annex to Decision 2010/2/EU is amended in accordance with Annex I to this Decision.

Article 2

Amendments to Annex I to Decision 2011/278/EU

Annex I to Decision 2011/278/EU is amended in accordance with Annex II to this Decision.

Article 3

Addressees

This Decision is addressed to the Member States.

Done at Brussels, 11 November 2011.

For the Commission

Connie HEDEGAARD

Member of the Commission

---

(1)  
  OJ L 275, 25.10.2003, p. 32.

1

(2)  
  OJ L 1, 5.1.2010, p. 10.

2

(3)  
  OJ L 130, 17.5.2011, p. 1.

3

---

ANNEX I

The Annex to Decision 2010/2/EU is amended as follows:

| (1) | in Section 1.2, the following entry is inserted in the table:






  NACE code | Description |
| --- | --- | --- |
| ‘1440 | Production of salt’ |

(1)

in Section 1.2, the following entry is inserted in the table:

NACE code

Description

‘1440

Production of salt’

| (2) | paragraph Section 2 is amended as follows:






  (a) | the heading is replaced by the following:

  ‘BEYOND NACE-4 LEVEL BASED ON THE QUANTITATIVE CRITERIA SET OUT IN PARAGRAPH 15 OR 16 OF ARTICLE 10a OF DIRECTIVE 2003/87/EC’; |
| --- | --- | --- |

(2)

paragraph Section 2 is amended as follows:

(a)

the heading is replaced by the following:

‘BEYOND NACE-4 LEVEL BASED ON THE QUANTITATIVE CRITERIA SET OUT IN PARAGRAPH 15 OR 16 OF ARTICLE 10a OF DIRECTIVE 2003/87/EC’;

| (b) | the following entries are inserted after the entry 155154:






  Prodcom code | Description |
| --- | --- | --- |
| ‘15841100 | Cocoa paste (excluding containing added sugar or other sweetening matter) |
| 15841200 | Cocoa butter, fat and oil |
| 15841300 | Cocoa powder, not containing added sugar or other sweetening matter’ |

(b)

the following entries are inserted after the entry 155154:

Prodcom code

Description

‘15841100

Cocoa paste (excluding containing added sugar or other sweetening matter)

15841200

Cocoa butter, fat and oil

15841300

Cocoa powder, not containing added sugar or other sweetening matter’

| (3) | in Section 3, the following entry is inserted after the entry 2416:






  NACE code | Description |
| --- | --- | --- |
| ‘2640 | Manufacture of bricks, tiles and constructions products, in baked clay’ |

(3)

in Section 3, the following entry is inserted after the entry 2416:

NACE code

Description

‘2640

Manufacture of bricks, tiles and constructions products, in baked clay’

---

ANNEX II

In Annex I to Decision 2011/278/EU, the entries corresponding to product benchmarks ‘Facing bricks’, ‘Pavers’ and ‘Roof tiles’ are replaced by the following:

| Product benchmark | Definition of products covered | Definition of processes and emissions covered (system boundaries) | Carbon leakage exposure as determined by Decision 2010/2/EU for the years 2013 and 2014 | Benchmark value
  (allowances/t) |
| --- | --- | --- | --- | --- |
| ‘Facing bricks | Facing bricks with a density > 1 000  kg/m3 used for masonry based on EN 771-1, excluding pavers, clinker bricks and blue braised facing bricks. | All processes directly or indirectly linked to the production processes raw material preparation, component mixing, forming and shaping of ware, drying of ware, firing of ware, product finishing and flue gas cleaning are included. | yes | 0,139 |
| Pavers | Clay bricks used for flooring according to EN 1344. | All processes directly or indirectly linked to the production processes raw material preparation, component mixing, forming and shaping of ware, drying of ware, firing of ware, product finishing and flue gas cleaning are included. | yes | 0,192 |
| Roof tiles | Clay roofing tiles as defined in EN 1304:2005 excluding blue braised roof tiles and accessories. | All processes directly or indirectly linked to the production processes raw material preparation, component mixing, forming and shaping of ware, drying of ware, firing of ware, product finishing and flue gas cleaning are included. | yes | 0,144 ’ |

Product benchmark

Definition of products covered

Definition of processes and emissions covered (system boundaries)

Carbon leakage exposure as determined by Decision 2010/2/EU for the years 2013 and 2014

Benchmark value

(allowances/t)

‘Facing bricks

Facing bricks with a density > 1 000  kg/m3 used for masonry based on EN 771-1, excluding pavers, clinker bricks and blue braised facing bricks.

All processes directly or indirectly linked to the production processes raw material preparation, component mixing, forming and shaping of ware, drying of ware, firing of ware, product finishing and flue gas cleaning are included.

yes

0,139

Pavers

Clay bricks used for flooring according to EN 1344.

All processes directly or indirectly linked to the production processes raw material preparation, component mixing, forming and shaping of ware, drying of ware, firing of ware, product finishing and flue gas cleaning are included.

yes

0,192

Roof tiles

Clay roofing tiles as defined in EN 1304:2005 excluding blue braised roof tiles and accessories.

All processes directly or indirectly linked to the production processes raw material preparation, component mixing, forming and shaping of ware, drying of ware, firing of ware, product finishing and flue gas cleaning are included.

yes

0,144 ’

---