# Official Journal L 94/2013

| | ISSN 1977-0677
  doi:10.3000/19770677.L_2013.094.eng |
| --- | --- |
| Official Journal
  of the European Union | L 94 |
| | |
| English edition | Legislation | Volume 564 April 2013 |

ISSN 1977-0677

doi:10.3000/19770677.L_2013.094.eng

Official Journal

of the European Union

L 94

English edition

Legislation

Volume 564 April 2013

---

| Contents | | II   Non-legislative acts | page |
| --- | --- | --- | --- |
| | | REGULATIONS |
| | * | Commission Implementing Regulation (EU) No 308/2013 of 3 April 2013 concerning the authorisation of a preparation of Lactobacillus plantarum NCIMB 30083 and of a preparation of Lactobacillus plantarum NCIMB 30084 as feed additives for all animal species (
  1
  ) | 1 |
| | * | Commission Implementing Regulation (EU) No 309/2013 of 3 April 2013 amending for the 191st time Council Regulation (EC) No 881/2002 imposing certain specific restrictive measures directed against certain persons and entities associated with the Al Qaida network | 4 |
| | | Commission Implementing Regulation (EU) No 310/2013 of 3 April 2013 establishing the standard import values for determining the entry price of certain fruit and vegetables | 6 |
| | | DECISIONS |
| | | 2013/166/EU |
| | * | Commission Implementing Decision of 2 April 2013 amending Council Directive 2008/72/EC to extend the derogation relating to import conditions for vegetable propagating and planting material, other than seed, from third countries
  (notified under document C(2013) 1773)

   (
  1
  ) | 8 |

Contents

II   Non-legislative acts

page

REGULATIONS

*

Commission Implementing Regulation (EU) No 308/2013 of 3 April 2013 concerning the authorisation of a preparation of Lactobacillus plantarum NCIMB 30083 and of a preparation of Lactobacillus plantarum NCIMB 30084 as feed additives for all animal species (
  1
  )

Lactobacillus plantarum

Lactobacillus plantarum

1

1

*

Commission Implementing Regulation (EU) No 309/2013 of 3 April 2013 amending for the 191st time Council Regulation (EC) No 881/2002 imposing certain specific restrictive measures directed against certain persons and entities associated with the Al Qaida network

4

Commission Implementing Regulation (EU) No 310/2013 of 3 April 2013 establishing the standard import values for determining the entry price of certain fruit and vegetables

6

DECISIONS

2013/166/EU

*

Commission Implementing Decision of 2 April 2013 amending Council Directive 2008/72/EC to extend the derogation relating to import conditions for vegetable propagating and planting material, other than seed, from third countries
  (notified under document C(2013) 1773)

   (
  1
  )

(notified under document C(2013) 1773)

1

8

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

| 4.4.2013 | EN | Official Journal of the European Union | L 94/1 |
| --- | --- | --- | --- |

4.4.2013

EN

Official Journal of the European Union

L 94/1

---

COMMISSION IMPLEMENTING REGULATION (EU) No 308/2013

of 3 April 2013

concerning the authorisation of a preparation of Lactobacillus plantarum NCIMB 30083 and of a preparation of Lactobacillus plantarum NCIMB 30084 as feed additives for all animal species

(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 1831/2003 of the European Parliament and of the Council of 22 September 2003 on additives for use in animal nutrition (1), and in particular Article 9(2) thereof,

Whereas:

| (1) | Regulation (EC) No 1831/2003 provides for the authorisation of additives for use in animal nutrition and for the grounds and procedures for granting such authorisation. Article 10(7) of Regulation (EC) No 1831/2003 in conjunction with Article 10(1) to (4) thereof sets out specific provisions for the evaluation of products used in the Union as silage additives at the date that Regulation became applicable. |
| --- | --- |

(1)

Regulation (EC) No 1831/2003 provides for the authorisation of additives for use in animal nutrition and for the grounds and procedures for granting such authorisation. Article 10(7) of Regulation (EC) No 1831/2003 in conjunction with Article 10(1) to (4) thereof sets out specific provisions for the evaluation of products used in the Union as silage additives at the date that Regulation became applicable.

| (2) | In accordance with Article 10(1) of Regulation (EC) No 1831/2003, a preparation of Lactobacillus plantarum NCIMB 30083 and of a preparation of Lactobacillus plantarum NCIMB 30084 were entered in the European Union Register of Feed Additives as existing products belonging to the functional group of silage additives, for all animal species. |
| --- | --- |

(2)

In accordance with Article 10(1) of Regulation (EC) No 1831/2003, a preparation of Lactobacillus plantarum NCIMB 30083 and of a preparation of Lactobacillus plantarum NCIMB 30084 were entered in the European Union Register of Feed Additives as existing products belonging to the functional group of silage additives, for all animal species.

| (3) | In accordance with Article 10(2) of Regulation (EC) No 1831/2003 in conjunction with Article 7 thereof, applications were submitted for the authorisation of those preparations as feed additives for all animal species, requesting those additives to be classified in the category ‘technological additives’ and in the functional group ‘silage additives’. Those applications were accompanied by the particulars and documents required under Article 7(3) of Regulation (EC) No 1831/2003. |
| --- | --- |

(3)

In accordance with Article 10(2) of Regulation (EC) No 1831/2003 in conjunction with Article 7 thereof, applications were submitted for the authorisation of those preparations as feed additives for all animal species, requesting those additives to be classified in the category ‘technological additives’ and in the functional group ‘silage additives’. Those applications were accompanied by the particulars and documents required under Article 7(3) of Regulation (EC) No 1831/2003.

| (4) | The European Food Safety Authority (‘the Authority’) concluded in its opinion of 13 December 2012 (2) that, under the proposed conditions of use, the preparations concerned are considered safe for target species, consumers of products from animals fed treated silage and for the environment. The Authority also concluded that both preparations have the potential to improve the production of silage by increasing the preservation of dry matter and by reducing protein degradation with easy and moderately difficult to ensile forage species. The Authority does not consider that there is a need for specific requirements of post-market monitoring. It also verified the report on the methods of analysis of the feed additives in feed submitted by the Reference Laboratory set up by Regulation (EC) No 1831/2003. |
| --- | --- |

(4)

The European Food Safety Authority (‘the Authority’) concluded in its opinion of 13 December 2012 (2) that, under the proposed conditions of use, the preparations concerned are considered safe for target species, consumers of products from animals fed treated silage and for the environment. The Authority also concluded that both preparations have the potential to improve the production of silage by increasing the preservation of dry matter and by reducing protein degradation with easy and moderately difficult to ensile forage species. The Authority does not consider that there is a need for specific requirements of post-market monitoring. It also verified the report on the methods of analysis of the feed additives in feed submitted by the Reference Laboratory set up by Regulation (EC) No 1831/2003.

| (5) | The assessment of the preparations concerned shows that the conditions for authorisation, as provided for in Article 5 of Regulation (EC) No 1831/2003, are satisfied. Accordingly, the use of those preparations should be authorised as specified in the Annex to this Regulation. |
| --- | --- |

(5)

The assessment of the preparations concerned shows that the conditions for authorisation, as provided for in Article 5 of Regulation (EC) No 1831/2003, are satisfied. Accordingly, the use of those preparations should be authorised as specified in the Annex to this Regulation.

| (6) | Since safety reasons do not require the immediate application of the modifications to the conditions of authorisation, it is appropriate to allow a transitional period for interested parties to prepare themselves to meet the new requirements resulting from the authorisation. |
| --- | --- |

(6)

Since safety reasons do not require the immediate application of the modifications to the conditions of authorisation, it is appropriate to allow a transitional period for interested parties to prepare themselves to meet the new requirements resulting from the authorisation.

| (7) | The measures provided for in this Regulation are in accordance with the opinion of the Standing Committee on the Food Chain and Animal Health, |
| --- | --- |

(7)

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

Authorisation

The preparations specified in the Annex belonging to the additive category ‘technological additives’ and to the functional group ‘silage additives’, are authorised as additives in animal nutrition, subject to the conditions laid down in that Annex.

Article 2

Transitional measures

The preparations specified in the Annex and feed containing them, which are produced and labelled before 24 October 2013 in accordance with the rules applicable before 24 April 2013 may continue to be placed on the market and used until the existing stocks are exhausted.

Article 3

Entry into force

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

Official Journal of the European Union

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

Done at Brussels, 3 April 2013.

For the Commission

The President

José Manuel BARROSO

---

(1)  
  OJ L 268, 18.10.2003, p. 29.

1

(2)  
  EFSA Journal 2013; 11(1):3041.

2

EFSA Journal

---

ANNEX

| Identification number of the additive | Name of the holder of authorisation | Additive | Composition, chemical formula, description, analytical method | Species or category of animal | Maximum age | Minimum content | Maximum content | Other provisions | End of period of authorisation |
| --- | --- | --- | --- | --- | --- | --- | --- | --- | --- |
| CFU/kg of fresh material |
| Category of technological additives. Functional group: silage additives |
| 1k20736 | — | Lactobacillus plantarum

  (NCIMB 30083) | | Additive composition

  Preparation of Lactobacillus plantarum (NCIMB 30083) containing a minimum of 5 × 1010 CFU/g additive |

Identification number of the additive

Name of the holder of authorisation

Additive

Composition, chemical formula, description, analytical method

Species or category of animal

Maximum age

Minimum content

Maximum content

Other provisions

End of period of authorisation

CFU/kg of fresh material

Category of technological additives. Functional group: silage additives

1k20736

—

Lactobacillus plantarum

(NCIMB 30083)

Additive composition

Preparation of Lactobacillus plantarum (NCIMB 30083) containing a minimum of 5 × 1010 CFU/g additive

| | Characterisation of the active substance


  Lactobacillus plantarum (NCIMB 30083) |
| --- | --- |

Characterisation of the active substance

Lactobacillus plantarum (NCIMB 30083)

| | Analytical method
   (1)

  Enumeration in the feed additive: spread plate method (EN 15787)
  Identification: Pulsed Field Gel Electrophoresis (PFGE). |
| --- | --- |

Analytical method
   (1)

Enumeration in the feed additive: spread plate method (EN 15787)

Identification: Pulsed Field Gel Electrophoresis (PFGE).

All animal species

—

—

—

| 1. | In the directions for use of the additive and premixture, indicate the storage temperature and storage life. |
| --- | --- |

1.

In the directions for use of the additive and premixture, indicate the storage temperature and storage life.

| 2. | Minimum dose of the additive when it is not used in combination with other micro-organisms as silage additive: 1 × 108 CFU/kg of fresh material. |
| --- | --- |

2.

Minimum dose of the additive when it is not used in combination with other micro-organisms as silage additive: 1 × 108 CFU/kg of fresh material.

| 3. | The additive shall be used in easy and moderately difficult to ensile material (2). |
| --- | --- |

3.

The additive shall be used in easy and moderately difficult to ensile material (2).

| 4. | For safety: it is recommended to use breathing protection and gloves during handling. |
| --- | --- |

4.

For safety: it is recommended to use breathing protection and gloves during handling.

24 April 2023

1k20737

Lactobacillus plantarum

(NCIMB 30084)

| | Additive composition

  Preparation of Lactobacillus plantarum (NCIMB 30084) containing a minimum of 5 × 1010 CFU/g additive |
| --- | --- |

Additive composition

Preparation of Lactobacillus plantarum (NCIMB 30084) containing a minimum of 5 × 1010 CFU/g additive

| | Characterisation of the active substance


  Lactobacillus plantarum (NCIMB 30084) |
| --- | --- |

Characterisation of the active substance

Lactobacillus plantarum (NCIMB 30084)

| | Analytical method
   (1)

  Enumeration in the feed additive: spread plate method (EN 15787)
  Identification: Pulsed Field Gel Electrophoresis (PFGE). |
| --- | --- |

Analytical method
   (1)

Enumeration in the feed additive: spread plate method (EN 15787)

Identification: Pulsed Field Gel Electrophoresis (PFGE).

All animal species

| 1. | In the directions for use of the additive and premixture, indicate the storage temperature and storage life. |
| --- | --- |

1.

In the directions for use of the additive and premixture, indicate the storage temperature and storage life.

| 2. | Minimum dose of the additive when it is not used in combination with other micro-organisms as silage additive: 1 × 108 CFU/kg of fresh material. |
| --- | --- |

2.

Minimum dose of the additive when it is not used in combination with other micro-organisms as silage additive: 1 × 108 CFU/kg of fresh material.

| 3. | The additive shall be used in easy and moderately difficult to ensile material (2). |
| --- | --- |

3.

The additive shall be used in easy and moderately difficult to ensile material (2).

| 4. | For safety: it is recommended to use breathing protection and gloves during handling. |
| --- | --- |

4.

For safety: it is recommended to use breathing protection and gloves during handling.

24 April 2023

---

(1)  Details of the analytical methods are available at the following address of the Reference Laboratory: http://irmm.jrc.ec.europa.eu/EURLs/EURL_feed_additives/Pages/index.aspx

(2)  Easy to ensile forage: > 3 % soluble carbohydrates in fresh material. Moderately difficult to ensile forages: 1,5-3,0 % soluble carbohydrate in fresh material. As defined by Commission Regulation (EC) No 429/2008 (OJ L 133, 22.5.2008, p. 1).

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| 4.4.2013 | EN | Official Journal of the European Union | L 94/4 |
| --- | --- | --- | --- |

4.4.2013

EN

Official Journal of the European Union

L 94/4

---

COMMISSION IMPLEMENTING REGULATION (EU) No 309/2013

of 3 April 2013

amending for the 191st time Council Regulation (EC) No 881/2002 imposing certain specific restrictive measures directed against certain persons and entities associated with the Al Qaida network

THE EUROPEAN COMMISSION,

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

Having regard to Council Regulation (EC) No 881/2002 of 27 May 2002 imposing certain specific restrictive measures directed against certain persons and entities associated with the Al-Qaida network, (1) and in particular Article 7(1)(a) and 7a(5) thereof,

Whereas:

| (1) | Annex I to Regulation (EC) No 881/2002 lists the persons, groups and entities covered by the freezing of funds and economic resources under that Regulation. |
| --- | --- |

(1)

Annex I to Regulation (EC) No 881/2002 lists the persons, groups and entities covered by the freezing of funds and economic resources under that Regulation.

| (2) | On 23 March 2013 the Sanctions Committee of the United Nations Security Council (UNSC) decided to remove four natural persons from its list of persons, groups and entities to whom the freezing of funds and economic resources should apply. |
| --- | --- |

(2)

On 23 March 2013 the Sanctions Committee of the United Nations Security Council (UNSC) decided to remove four natural persons from its list of persons, groups and entities to whom the freezing of funds and economic resources should apply.

| (3) | Annex I to Regulation (EC) No 881/2002 should therefore be updated accordingly, |
| --- | --- |

(3)

Annex I to Regulation (EC) No 881/2002 should therefore be updated accordingly,

HAS ADOPTED THIS REGULATION:

Article 1

Annex I to Regulation (EC) No 881/2002 is amended in accordance with the Annex to this Regulation.

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, 3 April 2013.

For the Commission, On behalf of the President,

Head of the Service for Foreign Policy Instruments

---

(1)  
  OJ L 139, 29.5.2002, p. 9.

1

---

ANNEX

Annex I to Regulation (EC) No 881/2002 is amended as follows:

The following entries under the heading ‘Natural persons’ are deleted:

| (a) | ‘Abdul Manaf KASMURI (alias (a) Muhammad Al-Filipini, (b) Intan), Klang. Selangor, Malaysia. Date of birth: 28 May 1955. Place of birth: Selangor, Malaysia. Nationality: Malaysian. Passport No: A 9226483. National identification No: 550528-10-5991.’ |
| --- | --- |

(a)

‘Abdul Manaf KASMURI (alias (a) Muhammad Al-Filipini, (b) Intan), Klang. Selangor, Malaysia. Date of birth: 28 May 1955. Place of birth: Selangor, Malaysia. Nationality: Malaysian. Passport No: A 9226483. National identification No: 550528-10-5991.’

| (b) | ‘Zulkepli Bin Marzuki. Address: Taman Puchong Perdana, State of Selangor, Malaysia. Date of birth: 3.7.1968. Place of birth: Selangor, Malaysia. Nationality: Malaysian. Passport No: A 5983063. National identification No: 680703- 10-5821. Date of designation referred to in Article 2a (4) (b): 9.9.2003.’ |
| --- | --- |

(b)

‘Zulkepli Bin Marzuki. Address: Taman Puchong Perdana, State of Selangor, Malaysia. Date of birth: 3.7.1968. Place of birth: Selangor, Malaysia. Nationality: Malaysian. Passport No: A 5983063. National identification No: 680703- 10-5821. Date of designation referred to in Article 2a (4) (b): 9.9.2003.’

| (c) | ‘Wan Min WAN MAT (alias (a) Abu Hafis, (b) Wan Halim, (c) Abu Hidayah), Ulu Tiram, Johor, Malaysia; date of birth: 23 September 1960; place of birth: Kelantan, Malaysia; nationality: Malaysian; passport No: A 9703399; national identification No: 600923-03-5527.’ |
| --- | --- |

(c)

‘Wan Min WAN MAT (alias (a) Abu Hafis, (b) Wan Halim, (c) Abu Hidayah), Ulu Tiram, Johor, Malaysia; date of birth: 23 September 1960; place of birth: Kelantan, Malaysia; nationality: Malaysian; passport No: A 9703399; national identification No: 600923-03-5527.’

| (d) | ‘Zaini Zakaria (alias Ahmad). Address: Kota Bharu, Kelantan, Malaysia. Date of birth: 16.5.1967. Place of birth: Kelantan, Malaysia. Nationality: Malaysian. Passport No: A11457974. National identification No: 670516-03-5283. Date of designation referred to in Article 2a (4) (b): 9.9.2003.’ |
| --- | --- |

(d)

‘Zaini Zakaria (alias Ahmad). Address: Kota Bharu, Kelantan, Malaysia. Date of birth: 16.5.1967. Place of birth: Kelantan, Malaysia. Nationality: Malaysian. Passport No: A11457974. National identification No: 670516-03-5283. Date of designation referred to in Article 2a (4) (b): 9.9.2003.’

---

| 4.4.2013 | EN | Official Journal of the European Union | L 94/6 |
| --- | --- | --- | --- |

4.4.2013

EN

Official Journal of the European Union

L 94/6

---

COMMISSION IMPLEMENTING REGULATION (EU) No 310/2013

of 3 April 2013

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

THE EUROPEAN COMMISSION,

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

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

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

Whereas:

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

(1)

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

| (2) | The standard import value is calculated each working day, in accordance with Article 136(1) of Implementing Regulation (EU) No 543/2011, taking into account variable daily data. Therefore this Regulation should enter into force on the day of its publication in the Official Journal of the European Union, |
| --- | --- |

(2)

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

HAS ADOPTED THIS REGULATION:

Article 1

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

Article 2

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

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

Done at Brussels, 3 April 2013.

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 | MA | 58,7 |
| TN | 102,1 |
| TR | 127,9 |
| ZZ | 96,2 |
| 0707 00 05 | JO | 194,1 |
| MA | 116,3 |
| TR | 144,5 |
| ZZ | 151,6 |
| 0709 93 10 | MA | 91,2 |
| TR | 114,9 |
| ZZ | 103,1 |
| 0805 10 20 | EG | 58,2 |
| IL | 70,0 |
| MA | 71,5 |
| TN | 59,0 |
| TR | 64,8 |
| ZZ | 64,7 |
| 0805 50 10 | TR | 77,5 |
| ZZ | 77,5 |
| 0808 10 80 | AR | 102,7 |
| BR | 89,9 |
| CL | 119,4 |
| CN | 82,2 |
| MK | 28,2 |
| US | 215,4 |
| UY | 106,8 |
| ZA | 102,0 |
| ZZ | 105,8 |
| 0808 30 90 | AR | 114,3 |
| CL | 167,3 |
| TR | 208,9 |
| US | 158,2 |
| ZA | 122,6 |
| ZZ | 154,3 |

(EUR/100 kg)

CN code

Third country code (1)

Standard import value

0702 00 00

MA

58,7

TN

102,1

TR

127,9

ZZ

96,2

0707 00 05

JO

194,1

MA

116,3

TR

144,5

ZZ

151,6

0709 93 10

MA

91,2

TR

114,9

ZZ

103,1

0805 10 20

EG

58,2

IL

70,0

MA

71,5

TN

59,0

TR

64,8

ZZ

64,7

0805 50 10

TR

77,5

ZZ

77,5

0808 10 80

AR

102,7

BR

89,9

CL

119,4

CN

82,2

MK

28,2

US

215,4

UY

106,8

ZA

102,0

ZZ

105,8

0808 30 90

AR

114,3

CL

167,3

TR

208,9

US

158,2

ZA

122,6

ZZ

154,3

---

(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

| 4.4.2013 | EN | Official Journal of the European Union | L 94/8 |
| --- | --- | --- | --- |

4.4.2013

EN

Official Journal of the European Union

L 94/8

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COMMISSION IMPLEMENTING DECISION

of 2 April 2013

amending Council Directive 2008/72/EC to extend the derogation relating to import conditions for vegetable propagating and planting material, other than seed, from third countries

(notified under document C(2013) 1773)

(Text with EEA relevance)

(2013/166/EU)

THE EUROPEAN COMMISSION,

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

Having regard to Council Directive 2008/72/EC of 15 July 2008 on the marketing of vegetable propagating and planting material, other than seed (1), and in particular the second subparagraph of Article 16(2) thereof,

Whereas:

| (1) | The Commission is required pursuant to Article 16(1) of Directive 2008/72/EC to decide whether vegetable propagating and planting material, other than seed, produced in a third country and affording the same guarantees as regards obligations on the supplier, identity, characteristics, plant health, growing medium, packaging, inspection arrangements, marking and sealing, is equivalent in all these respects to vegetable propagating and planting material other than seed produced in the Union and complying with the requirements and conditions of that Directive. |
| --- | --- |

(1)

The Commission is required pursuant to Article 16(1) of Directive 2008/72/EC to decide whether vegetable propagating and planting material, other than seed, produced in a third country and affording the same guarantees as regards obligations on the supplier, identity, characteristics, plant health, growing medium, packaging, inspection arrangements, marking and sealing, is equivalent in all these respects to vegetable propagating and planting material other than seed produced in the Union and complying with the requirements and conditions of that Directive.

| (2) | However, the information presently available on the conditions applying in third countries is not sufficient to enable the Commission to adopt any such decision in respect of any third country. |
| --- | --- |

(2)

However, the information presently available on the conditions applying in third countries is not sufficient to enable the Commission to adopt any such decision in respect of any third country.

| (3) | In order to prevent trade patterns from being disrupted, Member States importing vegetable propagating and planting material, other than seed, from third countries should continue to be allowed to apply to such products conditions at least equivalent to those applicable to similar Union products in accordance with Article 16(2) of Directive 2008/72/EC. The period of application of the derogation provided for in Directive 2008/72/EC for such imports should consequently be extended beyond 31 December 2012. The available evidence indicates that no problems have occurred regarding the compliance of imported material with the provisions of Directive 2008/72/EC. It is reasonably expected that imported material will continue to comply with Union legislation for a period of 10 years. |
| --- | --- |

(3)

In order to prevent trade patterns from being disrupted, Member States importing vegetable propagating and planting material, other than seed, from third countries should continue to be allowed to apply to such products conditions at least equivalent to those applicable to similar Union products in accordance with Article 16(2) of Directive 2008/72/EC. The period of application of the derogation provided for in Directive 2008/72/EC for such imports should consequently be extended beyond 31 December 2012. The available evidence indicates that no problems have occurred regarding the compliance of imported material with the provisions of Directive 2008/72/EC. It is reasonably expected that imported material will continue to comply with Union legislation for a period of 10 years.

| (4) | Directive 2008/72/EC should therefore be amended accordingly. |
| --- | --- |

(4)

Directive 2008/72/EC should therefore be amended accordingly.

| (5) | The measures provided for in this Decision are in accordance with the opinion of the Standing Committee on Seeds and Propagating Materials for Agriculture, Horticulture and Forestry, |
| --- | --- |

(5)

The measures provided for in this Decision are in accordance with the opinion of the Standing Committee on Seeds and Propagating Materials for Agriculture, Horticulture and Forestry,

HAS ADOPTED THIS DECISION:

Article 1

In the first subparagraph of Article 16(2) of Directive 2008/72/EC, the date ‘31 December 2012’ is replaced by ‘31 December 2022’.

Article 2

This Decision is addressed to the Member States.

Done at Brussels, 2 April 2013.

For the Commission

Tonio BORG

Member of the Commission

---

(1)  
  OJ L 205, 1.8.2008, p. 28.

1

---