# Official Journal L 288/2011

| | ISSN 1977-0677
  doi:10.3000/19770677.L_2011.288.eng |
| --- | --- |
| Official Journal
  of the European Union | L 288 |
| | |
| English edition | Legislation | Volume 545 November 2011 |

ISSN 1977-0677

doi:10.3000/19770677.L_2011.288.eng

Official Journal

of the European Union

L 288

English edition

Legislation

Volume 545 November 2011

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| Contents | | I   Legislative acts | page |
| --- | --- | --- | --- |
| | | DIRECTIVES |
| | * | Directive 2011/82/EU of the European Parliament and of the Council of 25 October 2011 facilitating the cross-border exchange of information on road safety related traffic offences | 1 |

Contents

I   Legislative acts

page

DIRECTIVES

*

Directive 2011/82/EU of the European Parliament and of the Council of 25 October 2011 facilitating the cross-border exchange of information on road safety related traffic offences

1

| | | II   Non-legislative acts |
| --- | --- | --- |
| | | INTERNATIONAL AGREEMENTS |
| | | 2011/722/EU |
| | * | Council Decision of 27 October 2011 on the position to be taken by the European Union within the Trade Committee set up by the Free Trade Agreement between the European Union and its Member States, of the one part, and the Republic of Korea, of the other part, as regards the adoption of the rules of procedure of the Trade Committee and the establishment of a list of 15 arbitrators | 16 |
| | | REGULATIONS |
| | * | Commission Implementing Regulation (EU) No 1114/2011 of 4 November 2011 repealing Regulation (EC) No 601/2008 on protective measures applying to certain fishery products imported from Gabon and intended for human consumption (
  1
  ) | 23 |
| | | Commission Implementing Regulation (EU) No 1115/2011 of 4 November 2011 establishing the standard import values for determining the entry price of certain fruit and vegetables | 24 |
| | | DECISIONS |
| | | 2011/723/EU |
| | * | Commission Implementing Decision of 3 November 2011 amending Decision 2008/866/EC on emergency measures suspending imports from Peru of certain bivalve molluscs intended for human consumption, as regards its period of application
  (notified under document C(2011) 7767)

   (
  1
  ) | 26 |

II   Non-legislative acts

INTERNATIONAL AGREEMENTS

2011/722/EU

*

Council Decision of 27 October 2011 on the position to be taken by the European Union within the Trade Committee set up by the Free Trade Agreement between the European Union and its Member States, of the one part, and the Republic of Korea, of the other part, as regards the adoption of the rules of procedure of the Trade Committee and the establishment of a list of 15 arbitrators

16

REGULATIONS

*

Commission Implementing Regulation (EU) No 1114/2011 of 4 November 2011 repealing Regulation (EC) No 601/2008 on protective measures applying to certain fishery products imported from Gabon and intended for human consumption (
  1
  )

1

23

Commission Implementing Regulation (EU) No 1115/2011 of 4 November 2011 establishing the standard import values for determining the entry price of certain fruit and vegetables

24

DECISIONS

2011/723/EU

*

Commission Implementing Decision of 3 November 2011 amending Decision 2008/866/EC on emergency measures suspending imports from Peru of certain bivalve molluscs intended for human consumption, as regards its period of application
  (notified under document C(2011) 7767)

   (
  1
  )

(notified under document C(2011) 7767)

1

26

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

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(1)   Text with EEA relevance

1

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

EN

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

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

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I Legislative acts

DIRECTIVES

| 5.11.2011 | EN | Official Journal of the European Union | L 288/1 |
| --- | --- | --- | --- |

5.11.2011

EN

Official Journal of the European Union

L 288/1

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DIRECTIVE 2011/82/EU OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

of 25 October 2011

facilitating the cross-border exchange of information on road safety related traffic offences

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union, and in particular Article 87(2) thereof,

Having regard to the proposal from the European Commission,

Acting in accordance with the ordinary legislative procedure (1),

Whereas:

| (1) | Improving road safety is a prime objective of the Union's transport policy. The Union is pursuing a policy to improve road safety with the objective of reducing fatalities, injuries and material damage. An important element of that policy is the consistent enforcement of sanctions for road traffic offences committed in the Union which considerably jeopardise road safety. |
| --- | --- |

(1)

Improving road safety is a prime objective of the Union's transport policy. The Union is pursuing a policy to improve road safety with the objective of reducing fatalities, injuries and material damage. An important element of that policy is the consistent enforcement of sanctions for road traffic offences committed in the Union which considerably jeopardise road safety.

| (2) | However, due to a lack of appropriate procedures and notwithstanding existing possibilities under Council Decision 2008/615/JHA of 23 June 2008 on the stepping up of cross-border cooperation, particularly in combating terrorism and cross-border crime (2) and Council Decision 2008/616/JHA of 23 June 2008 on the implementation of Decision 2008/615/JHA (3) (the ‧Prüm Decisions‧), sanctions in the form of financial penalties for certain road traffic offences are often not enforced if those offences are committed with a vehicle which is registered in a Member State other than the Member State where the offence took place. This Directive aims to ensure that even in such cases, the effectiveness of the investigation of road safety related traffic offences should be ensured. |
| --- | --- |

(2)

However, due to a lack of appropriate procedures and notwithstanding existing possibilities under Council Decision 2008/615/JHA of 23 June 2008 on the stepping up of cross-border cooperation, particularly in combating terrorism and cross-border crime (2) and Council Decision 2008/616/JHA of 23 June 2008 on the implementation of Decision 2008/615/JHA (3) (the ‧Prüm Decisions‧), sanctions in the form of financial penalties for certain road traffic offences are often not enforced if those offences are committed with a vehicle which is registered in a Member State other than the Member State where the offence took place. This Directive aims to ensure that even in such cases, the effectiveness of the investigation of road safety related traffic offences should be ensured.

| (3) | The Commission, in its Communication of 20 July 2010 entitled ‧Towards a European road safety area: policy orientations on road safety 2011-2020‧, emphasised that enforcement remains a key factor in creating the conditions for a considerable reduction in the number of deaths and injuries. The Council, in its conclusions of 2 December 2010 on road safety, called also for consideration of the need for further strengthening of enforcement of road traffic rules by Member States and, where appropriate, at Union level. It invited the Commission to examine the possibilities of harmonising traffic rules at Union level where appropriate. The Commission should therefore assess the need to propose in the future further measures on facilitating cross-border enforcement with regard to road traffic offences, in particular those related to serious traffic accidents. |
| --- | --- |

(3)

The Commission, in its Communication of 20 July 2010 entitled ‧Towards a European road safety area: policy orientations on road safety 2011-2020‧, emphasised that enforcement remains a key factor in creating the conditions for a considerable reduction in the number of deaths and injuries. The Council, in its conclusions of 2 December 2010 on road safety, called also for consideration of the need for further strengthening of enforcement of road traffic rules by Member States and, where appropriate, at Union level. It invited the Commission to examine the possibilities of harmonising traffic rules at Union level where appropriate. The Commission should therefore assess the need to propose in the future further measures on facilitating cross-border enforcement with regard to road traffic offences, in particular those related to serious traffic accidents.

| (4) | Greater convergence of control measures between Member States should also be encouraged and the Commission should examine in this respect the need for developing common standards for automatic checking equipment for road safety controls. |
| --- | --- |

(4)

Greater convergence of control measures between Member States should also be encouraged and the Commission should examine in this respect the need for developing common standards for automatic checking equipment for road safety controls.

| (5) | The awareness of Union citizens should be raised as regards the road safety traffic rules in force in different Member States and as regards the implementation of this Directive, in particular through appropriate measures guaranteeing the provision of sufficient information on the consequences of not respecting the road safety traffic rules when travelling in a Member State other than the Member State of registration. |
| --- | --- |

(5)

The awareness of Union citizens should be raised as regards the road safety traffic rules in force in different Member States and as regards the implementation of this Directive, in particular through appropriate measures guaranteeing the provision of sufficient information on the consequences of not respecting the road safety traffic rules when travelling in a Member State other than the Member State of registration.

| (6) | In order to improve road safety throughout the Union and to ensure equal treatment of drivers, namely resident and non-resident offenders, enforcement should be facilitated irrespective of the Member State of registration of the vehicle. To this end, a system of cross-border exchange of information should be put in place for certain identified road safety related traffic offences, regardless of their administrative or criminal nature under the law of the Member State concerned, granting the Member State of the offence access to vehicle registration data (VRD) of the Member State of registration. |
| --- | --- |

(6)

In order to improve road safety throughout the Union and to ensure equal treatment of drivers, namely resident and non-resident offenders, enforcement should be facilitated irrespective of the Member State of registration of the vehicle. To this end, a system of cross-border exchange of information should be put in place for certain identified road safety related traffic offences, regardless of their administrative or criminal nature under the law of the Member State concerned, granting the Member State of the offence access to vehicle registration data (VRD) of the Member State of registration.

| (7) | A more efficient cross-border exchange of VRD, which should facilitate the identification of persons suspected of committing a road safety related traffic offence, may increase the deterrent effect and induce more cautious behaviour by the driver of a vehicle that is registered in a Member State other than the Member State of the offence, thereby preventing casualties due to road traffic accidents. |
| --- | --- |

(7)

A more efficient cross-border exchange of VRD, which should facilitate the identification of persons suspected of committing a road safety related traffic offence, may increase the deterrent effect and induce more cautious behaviour by the driver of a vehicle that is registered in a Member State other than the Member State of the offence, thereby preventing casualties due to road traffic accidents.

| (8) | The road safety related traffic offences covered by this Directive are not subject to homogeneous treatment in the Member States. Some Member States qualify such offences under national law as ‧administrative‧ offences while others qualify them as ‧criminal‧ offences. This Directive should apply regardless of how those offences are qualified under national law. |
| --- | --- |

(8)

The road safety related traffic offences covered by this Directive are not subject to homogeneous treatment in the Member States. Some Member States qualify such offences under national law as ‧administrative‧ offences while others qualify them as ‧criminal‧ offences. This Directive should apply regardless of how those offences are qualified under national law.

| (9) | In the framework of the Prüm Decisions, Member States grant each other the right of access to their VRD in order to improve the exchange of information and to speed up the procedures in force. The provisions concerning the technical specifications and the availability of automated data exchange set out in the Prüm Decisions should, as far as possible, be included in this Directive. |
| --- | --- |

(9)

In the framework of the Prüm Decisions, Member States grant each other the right of access to their VRD in order to improve the exchange of information and to speed up the procedures in force. The provisions concerning the technical specifications and the availability of automated data exchange set out in the Prüm Decisions should, as far as possible, be included in this Directive.

| (10) | Existing software applications should be the basis for the data exchange under this Directive and should, at the same time, also facilitate the reporting by Member States to the Commission. Such applications should provide for the expeditious, secure and confidential exchange of specific VRD between Member States. Advantage should be taken of the European Vehicle and Driving Licence Information System (Eucaris) software application, which is mandatory for Member States under the Prüm Decisions as regards VRD. The Commission should report on an assessment of the functioning of the software applications used for the purposes of this Directive. |
| --- | --- |

(10)

Existing software applications should be the basis for the data exchange under this Directive and should, at the same time, also facilitate the reporting by Member States to the Commission. Such applications should provide for the expeditious, secure and confidential exchange of specific VRD between Member States. Advantage should be taken of the European Vehicle and Driving Licence Information System (Eucaris) software application, which is mandatory for Member States under the Prüm Decisions as regards VRD. The Commission should report on an assessment of the functioning of the software applications used for the purposes of this Directive.

| (11) | The scope of the above-mentioned software applications should be limited to the processes used in the exchange of information between the national contact points in the Member States. Procedures and automated processes in which the information is to be used are outside the scope of such applications. |
| --- | --- |

(11)

The scope of the above-mentioned software applications should be limited to the processes used in the exchange of information between the national contact points in the Member States. Procedures and automated processes in which the information is to be used are outside the scope of such applications.

| (12) | The Information Management Strategy for EU internal security aims at finding the simplest and most easily traceable and cost-effective solutions for data exchange. |
| --- | --- |

(12)

The Information Management Strategy for EU internal security aims at finding the simplest and most easily traceable and cost-effective solutions for data exchange.

| (13) | Member States should be able to contact the owner, the holder of the vehicle or the otherwise identified person suspected of committing the road safety related traffic offence in order to keep the person concerned informed of the applicable procedures and the legal consequences under the law of the Member State of the offence. In doing so, Member States should consider sending the information concerning road safety related traffic offences in the language of the registration documents or the language most likely to be understood by the person concerned, to ensure that that person has a clear understanding of the information which is being shared with the person concerned. Member States should apply the appropriate procedures to ensure that only the person concerned is informed and not a third party. To that effect, Member States should use detailed arrangements similar to those adopted for following up such offences including means such as, where appropriate, registered delivery. This will allow that person to respond to the information in an appropriate way, in particular by asking for more information, settling the fine or by exercising his/her rights of defence, in particular in the case of mistaken identity. Further proceedings are covered by applicable legal instruments, including instruments on mutual assistance and on mutual recognition, for example Council Framework Decision 2005/214/JHA of 24 February 2005 on the application of the principle of mutual recognition to financial penalties (4). |
| --- | --- |

(13)

Member States should be able to contact the owner, the holder of the vehicle or the otherwise identified person suspected of committing the road safety related traffic offence in order to keep the person concerned informed of the applicable procedures and the legal consequences under the law of the Member State of the offence. In doing so, Member States should consider sending the information concerning road safety related traffic offences in the language of the registration documents or the language most likely to be understood by the person concerned, to ensure that that person has a clear understanding of the information which is being shared with the person concerned. Member States should apply the appropriate procedures to ensure that only the person concerned is informed and not a third party. To that effect, Member States should use detailed arrangements similar to those adopted for following up such offences including means such as, where appropriate, registered delivery. This will allow that person to respond to the information in an appropriate way, in particular by asking for more information, settling the fine or by exercising his/her rights of defence, in particular in the case of mistaken identity. Further proceedings are covered by applicable legal instruments, including instruments on mutual assistance and on mutual recognition, for example Council Framework Decision 2005/214/JHA of 24 February 2005 on the application of the principle of mutual recognition to financial penalties (4).

| (14) | Member States should consider providing equivalent translation with respect to the information letter sent by the Member State of the offence, as provided for in Directive 2010/64/EU of the European Parliament and of the Council of 20 October 2010 on the right to interpretation and translation in criminal proceedings (5). |
| --- | --- |

(14)

Member States should consider providing equivalent translation with respect to the information letter sent by the Member State of the offence, as provided for in Directive 2010/64/EU of the European Parliament and of the Council of 20 October 2010 on the right to interpretation and translation in criminal proceedings (5).

| (15) | With a view to pursuing a road safety policy aiming for a high level of protection for all road users in the Union and taking into account the widely differing circumstances pertaining within the Union, Member States should act, without prejudice to more restrictive policies and laws, in order to ensure greater convergence of road traffic rules and of their enforcement between Member States. In the framework of its report to the European Parliament and to the Council on the application of this Directive, the Commission should examine the need to develop common standards in order to establish comparable methods, practices and minimum standards at Union level taking into account international cooperation and existing agreements in the field of road safety, in particular the Vienna Convention on Road Traffic of 8 November 1968. |
| --- | --- |

(15)

With a view to pursuing a road safety policy aiming for a high level of protection for all road users in the Union and taking into account the widely differing circumstances pertaining within the Union, Member States should act, without prejudice to more restrictive policies and laws, in order to ensure greater convergence of road traffic rules and of their enforcement between Member States. In the framework of its report to the European Parliament and to the Council on the application of this Directive, the Commission should examine the need to develop common standards in order to establish comparable methods, practices and minimum standards at Union level taking into account international cooperation and existing agreements in the field of road safety, in particular the Vienna Convention on Road Traffic of 8 November 1968.

| (16) | In the framework of its report to the European Parliament and to the Council on the application of this Directive by the Member States, the Commission should examine the need for common criteria for follow-up procedures by the Member States in the event of non-payment of a financial penalty, in accordance with Member States' laws and procedures. In this report, the Commission should address issues such as the procedures between the competent authorities of the Member States for the transmission of the final decision to impose a sanction and/or financial penalty as well as the recognition and enforcement of the final decision. |
| --- | --- |

(16)

In the framework of its report to the European Parliament and to the Council on the application of this Directive by the Member States, the Commission should examine the need for common criteria for follow-up procedures by the Member States in the event of non-payment of a financial penalty, in accordance with Member States' laws and procedures. In this report, the Commission should address issues such as the procedures between the competent authorities of the Member States for the transmission of the final decision to impose a sanction and/or financial penalty as well as the recognition and enforcement of the final decision.

| (17) | In preparing the review of this Directive, the Commission should consult the relevant stakeholders, such as road safety and law enforcement authorities or bodies, victims' associations and other non-governmental organisations active in the field of road safety. |
| --- | --- |

(17)

In preparing the review of this Directive, the Commission should consult the relevant stakeholders, such as road safety and law enforcement authorities or bodies, victims' associations and other non-governmental organisations active in the field of road safety.

| (18) | Closer cooperation between law enforcement authorities should go hand in hand with respect for fundamental rights, in particular the right to respect for privacy and to protection of personal data, guaranteed by special data protection arrangements which should take particular account of the specific nature of cross-border online access to databases. It is necessary that the software applications to be set up enable the exchange of information to be carried out in secure conditions and ensure the confidentiality of the data transmitted. The data gathered under this Directive should not be used for purposes other than those of this Directive. Member States should comply with the obligations on the conditions of use and of temporary storage of the data. |
| --- | --- |

(18)

Closer cooperation between law enforcement authorities should go hand in hand with respect for fundamental rights, in particular the right to respect for privacy and to protection of personal data, guaranteed by special data protection arrangements which should take particular account of the specific nature of cross-border online access to databases. It is necessary that the software applications to be set up enable the exchange of information to be carried out in secure conditions and ensure the confidentiality of the data transmitted. The data gathered under this Directive should not be used for purposes other than those of this Directive. Member States should comply with the obligations on the conditions of use and of temporary storage of the data.

| (19) | Since the data relating to the identification of an offender are personal data, Member States should take the measures necessary to ensure that the relevant provisions of Council Framework Decision 2008/977/JHA of 27 November 2008 on the protection of personal data processed in the framework of police and judicial cooperation in criminal matters (6) are applied. Without prejudice to the observance of the procedural requirements for appeal and the redress mechanisms of the Member State concerned, the data subject should be informed accordingly, when notified of the offence, of the right to access, the right to rectification and deletion of personal data as well as of the maximum legal storage period of the data and should have the right to obtain the correction of any inaccurate personal data or the immediate deletion of any data recorded unlawfully. |
| --- | --- |

(19)

Since the data relating to the identification of an offender are personal data, Member States should take the measures necessary to ensure that the relevant provisions of Council Framework Decision 2008/977/JHA of 27 November 2008 on the protection of personal data processed in the framework of police and judicial cooperation in criminal matters (6) are applied. Without prejudice to the observance of the procedural requirements for appeal and the redress mechanisms of the Member State concerned, the data subject should be informed accordingly, when notified of the offence, of the right to access, the right to rectification and deletion of personal data as well as of the maximum legal storage period of the data and should have the right to obtain the correction of any inaccurate personal data or the immediate deletion of any data recorded unlawfully.

| (20) | It should be possible for third countries to participate in the exchange of VRD provided that they have concluded an agreement with the Union to this effect. Such an agreement would have to include necessary provisions on data protection. |
| --- | --- |

(20)

It should be possible for third countries to participate in the exchange of VRD provided that they have concluded an agreement with the Union to this effect. Such an agreement would have to include necessary provisions on data protection.

| (21) | This Directive respects the fundamental rights and observes the principles recognised in particular by the Charter of Fundamental Rights of the European Union, as referred to in Article 6 of the Treaty on European Union. |
| --- | --- |

(21)

This Directive respects the fundamental rights and observes the principles recognised in particular by the Charter of Fundamental Rights of the European Union, as referred to in Article 6 of the Treaty on European Union.

| (22) | In accordance with Articles 1 and 2 of the Protocol (No 21) on the Position of the United Kingdom and Ireland in respect of the Area of Freedom, Security and Justice, annexed to the Treaty on European Union and to the Treaty on the Functioning of the European Union, and without prejudice to Article 4 of that Protocol, those Member States are not taking part in the adoption of this Directive and are not bound by it or subject to its application. |
| --- | --- |

(22)

In accordance with Articles 1 and 2 of the Protocol (No 21) on the Position of the United Kingdom and Ireland in respect of the Area of Freedom, Security and Justice, annexed to the Treaty on European Union and to the Treaty on the Functioning of the European Union, and without prejudice to Article 4 of that Protocol, those Member States are not taking part in the adoption of this Directive and are not bound by it or subject to its application.

| (23) | In accordance with Articles 1 and 2 of the Protocol (No 22) on the position of Denmark, annexed to the Treaty on European Union and the Treaty on the Functioning of the European Union, Denmark is not taking part in the adoption of this Directive and is not bound by it or subject to its application. |
| --- | --- |

(23)

In accordance with Articles 1 and 2 of the Protocol (No 22) on the position of Denmark, annexed to the Treaty on European Union and the Treaty on the Functioning of the European Union, Denmark is not taking part in the adoption of this Directive and is not bound by it or subject to its application.

| (24) | In order to achieve the objective of exchange of information between Member States through interoperable means, the power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union should be delegated to the Commission in respect of taking into account relevant changes to Decision 2008/615/JHA and Decision 2008/616/JHA or where required by legal acts of the Union directly relevant for the update of Annex I. It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level. The Commission, when preparing and drawing up delegated acts, should ensure a simultaneous, timely and appropriate transmission of relevant documents to the European Parliament and Council. |
| --- | --- |

(24)

In order to achieve the objective of exchange of information between Member States through interoperable means, the power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union should be delegated to the Commission in respect of taking into account relevant changes to Decision 2008/615/JHA and Decision 2008/616/JHA or where required by legal acts of the Union directly relevant for the update of Annex I. It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level. The Commission, when preparing and drawing up delegated acts, should ensure a simultaneous, timely and appropriate transmission of relevant documents to the European Parliament and Council.

| (25) | In accordance with point 34 of the Interinstitutional Agreement on better law-making (7), Member States are encouraged to draw up, for themselves and in the interest of the Union, their own tables, which will, as far as possible, illustrate the correlation between this Directive and the transposition measures, and to make them public. |
| --- | --- |

(25)

In accordance with point 34 of the Interinstitutional Agreement on better law-making (7), Member States are encouraged to draw up, for themselves and in the interest of the Union, their own tables, which will, as far as possible, illustrate the correlation between this Directive and the transposition measures, and to make them public.

| (26) | Since the objective of this Directive, namely to ensure a high level of protection for all road users in the Union by facilitating the cross-border exchange of information on road safety related traffic offences, where they are committed with a vehicle registered in a Member State other than the Member State where the offence took place, cannot be sufficiently achieved by the Member States and can therefore by reason of the scale and effects of the action be better achieved at Union level, the Union may adopt measures, in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty on European Union. In accordance with the principle of proportionality as set out in that Article, this Directive does not go beyond what is necessary in order to achieve that objective. |
| --- | --- |

(26)

Since the objective of this Directive, namely to ensure a high level of protection for all road users in the Union by facilitating the cross-border exchange of information on road safety related traffic offences, where they are committed with a vehicle registered in a Member State other than the Member State where the offence took place, cannot be sufficiently achieved by the Member States and can therefore by reason of the scale and effects of the action be better achieved at Union level, the Union may adopt measures, in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty on European Union. In accordance with the principle of proportionality as set out in that Article, this Directive does not go beyond what is necessary in order to achieve that objective.

| (27) | The European Data Protection Supervisor was consulted and adopted an opinion (8), |
| --- | --- |

(27)

The European Data Protection Supervisor was consulted and adopted an opinion (8),

HAVE ADOPTED THIS DIRECTIVE:

Article 1

Objective

This Directive aims to ensure a high level of protection for all road users in the Union by facilitating the cross-border exchange of information on road safety related traffic offences and thereby the enforcement of sanctions, where those offences are committed with a vehicle registered in a Member State other than the Member State where the offence took place.

Article 2

Scope

This Directive shall apply to the following road safety related traffic offences:

| (a) | speeding; |
| --- | --- |

(a)

speeding;

| (b) | non-use of a seat-belt; |
| --- | --- |

(b)

non-use of a seat-belt;

| (c) | failing to stop at a red traffic light; |
| --- | --- |

(c)

failing to stop at a red traffic light;

| (d) | drink-driving; |
| --- | --- |

(d)

drink-driving;

| (e) | driving under the influence of drugs; |
| --- | --- |

(e)

driving under the influence of drugs;

| (f) | failing to wear a safety helmet; |
| --- | --- |

(f)

failing to wear a safety helmet;

| (g) | use of a forbidden lane; |
| --- | --- |

(g)

use of a forbidden lane;

| (h) | illegally using a mobile telephone or any other communication devices while driving. |
| --- | --- |

(h)

illegally using a mobile telephone or any other communication devices while driving.

Article 3

Definitions

For the purposes of this Directive, the following definitions shall apply:

| (a) | ‧vehicle‧ means any power-driven vehicle including motorcycles, which is normally used for carrying persons or goods by road; |
| --- | --- |

(a)

‧vehicle‧ means any power-driven vehicle including motorcycles, which is normally used for carrying persons or goods by road;

| (b) | ‧Member State of the offence‧ means the Member State where the offence has been committed; |
| --- | --- |

(b)

‧Member State of the offence‧ means the Member State where the offence has been committed;

| (c) | ‧Member State of registration‧ means the Member State where the vehicle with which the offence has been committed is registered; |
| --- | --- |

(c)

‧Member State of registration‧ means the Member State where the vehicle with which the offence has been committed is registered;

| (d) | ‧speeding‧ means exceeding the speed limits in force in the Member State of the offence for the road and the type of vehicle concerned; |
| --- | --- |

(d)

‧speeding‧ means exceeding the speed limits in force in the Member State of the offence for the road and the type of vehicle concerned;

| (e) | ‧non-use of a seat-belt‧ means failing to comply with the requirement to wear a seat-belt or use a child restraint in accordance with Council Directive 91/671/EEC of 16 December 1991 relating to the compulsory use of safety belts and child-restraint systems in vehicles (9) and the law of the Member State of the offence; |
| --- | --- |

(e)

‧non-use of a seat-belt‧ means failing to comply with the requirement to wear a seat-belt or use a child restraint in accordance with Council Directive 91/671/EEC of 16 December 1991 relating to the compulsory use of safety belts and child-restraint systems in vehicles (9) and the law of the Member State of the offence;

9

| (f) | ‧failing to stop at a red traffic light‧ means driving through a red traffic light or any other relevant stop signal, as defined in the law of the Member State of the offence; |
| --- | --- |

(f)

‧failing to stop at a red traffic light‧ means driving through a red traffic light or any other relevant stop signal, as defined in the law of the Member State of the offence;

| (g) | ‧drink-driving‧ means driving while impaired by alcohol, as defined in the law of the Member State of the offence; |
| --- | --- |

(g)

‧drink-driving‧ means driving while impaired by alcohol, as defined in the law of the Member State of the offence;

| (h) | ‧driving under the influence of drugs‧ means driving while impaired by drugs or other substances having a similar effect, as defined in the law of the Member State of the offence; |
| --- | --- |

(h)

‧driving under the influence of drugs‧ means driving while impaired by drugs or other substances having a similar effect, as defined in the law of the Member State of the offence;

| (i) | ‧failing to wear a safety helmet‧ means not wearing a safety helmet, as defined in the law of the Member State of the offence; |
| --- | --- |

(i)

‧failing to wear a safety helmet‧ means not wearing a safety helmet, as defined in the law of the Member State of the offence;

| (j) | ‧use of a forbidden lane‧ means illegally using part of a road section, such as an emergency lane, public transport lane or temporary closed lane for reasons of congestion or road works, as defined in the law of the Member State of the offence; |
| --- | --- |

(j)

‧use of a forbidden lane‧ means illegally using part of a road section, such as an emergency lane, public transport lane or temporary closed lane for reasons of congestion or road works, as defined in the law of the Member State of the offence;

| (k) | ‧illegally using a mobile telephone or any other communication devices while driving‧ means illegally using a mobile telephone or any other communication devices while driving, as defined in the law of the Member State of the offence; |
| --- | --- |

(k)

‧illegally using a mobile telephone or any other communication devices while driving‧ means illegally using a mobile telephone or any other communication devices while driving, as defined in the law of the Member State of the offence;

| (l) | ‧national contact point‧ means a designated competent authority for the exchange of VRD; |
| --- | --- |

(l)

‧national contact point‧ means a designated competent authority for the exchange of VRD;

| (m) | ‧automated search‧ means an online access procedure for consulting the databases of one, several, or all of the Member States or of the participating countries; |
| --- | --- |

(m)

‧automated search‧ means an online access procedure for consulting the databases of one, several, or all of the Member States or of the participating countries;

| (n) | ‧holder of the vehicle‧ means the person in whose name the vehicle is registered, as defined in the law of the Member State of registration. |
| --- | --- |

(n)

‧holder of the vehicle‧ means the person in whose name the vehicle is registered, as defined in the law of the Member State of registration.

Article 4

Procedure for the exchange of information between Member States

1.   For the investigation of the road safety related traffic offences referred to in Article 2, the Member States shall allow other Member States' national contact points, as referred to in paragraph 3 of this Article, access to the following national VRD, with the power to conduct automated searches on:

| (a) | data relating to vehicles; and |
| --- | --- |

(a)

data relating to vehicles; and

| (b) | data relating to owners or holders of the vehicle. |
| --- | --- |

(b)

data relating to owners or holders of the vehicle.

The data elements referred to in points (a) and (b) which are necessary to conduct the search shall be in compliance with Annex I.

2.   Any searches in the form of outgoing requests shall be conducted by the national contact point of the Member State of the offence using a full registration number.

Those searches shall be conducted in compliance with the procedures as described in Chapter 3 of the Annex to Decision 2008/616/JHA, except for point 1 of Chapter 3 of the Annex to Decision 2008/616/JHA, for which Annex I to this Directive shall apply.

The Member State of the offence shall, under this Directive, use the data obtained in order to establish who is personally liable for road safety related traffic offences referred to in Articles 2 and 3.

3.   For the purposes of the exchange of data as referred to in paragraph 1, each Member State shall designate a national contact point. The powers of the national contact points shall be governed by the applicable law of the Member State concerned.

4.   Member States shall take all necessary measures to ensure that the exchange of information is carried out by interoperable electronic means without exchange of data involving other databases. Member States shall ensure that this exchange of information is conducted in a cost efficient and secure manner and ensure the security and protection of the data transmitted, as far as possible using existing software applications such as the one especially designed for the purposes of Article 12 of Decision 2008/615/JHA, and amended versions of those software applications, in compliance with Annex I to this Directive and with points 2 and 3 of Chapter 3 of the Annex to Decision 2008/616/JHA. The amended versions of the software applications shall provide for both online real-time exchange mode and batch exchange mode, the latter allowing for the exchange of multiple requests or responses within one message.

5.   Each Member State shall bear its costs arising from the administration, use and maintenance of the software applications referred to in paragraph 4.

Article 5

Information letter on the road safety related traffic offence

1.   The Member State of the offence shall decide whether to initiate follow-up proceedings in relation to the road safety related traffic offences referred to in Article 2 or not.

In the event that the Member State of the offence decides to initiate such proceedings, that Member State shall, in conformity with its national law, inform the owner, the holder of the vehicle or the otherwise identified person suspected of committing the road safety related traffic offence accordingly.

This information shall, as applicable under national law, include the legal consequences thereof within the territory of the Member State of the offence under the law of that Member State.

2.   When sending the information letter to the owner, the holder of the vehicle or the otherwise identified person suspected of committing the road safety related traffic offence, the Member State of the offence shall, in accordance with its law, include any relevant information, notably the nature of the road safety related traffic offence referred to in Article 2, the place, date and time of the offence, the title of the texts of the national law infringed and the sanction and, where appropriate, data concerning the device used for detecting the offence. For that purpose, the Member State of the offence may use the template as set out in Annex II.

3.   Where the Member State of the offence decides to initiate follow-up proceedings in relation to the road safety related traffic offences referred to in Article 2, the Member State of the offence, for the purpose of ensuring the respect of fundamental rights, sends the information letter in the language of the registration document, if available, or in one of the official languages of the Member State of registration.

Article 6

Reporting by Member States to the Commission

Member States shall send a preliminary report to the Commission by 7 November 2014. They shall also send a comprehensive report to the Commission by 6 May 2016 and every two years thereafter.

The comprehensive report shall indicate the number of automated searches conducted by the Member State of the offence addressed to the national contact point of the Member State of registration following offences committed on its territory, together with the type of offences for which requests were addressed and the number of failed requests.

The comprehensive report shall also include a description of the situation at national level in relation to the follow-up given to the road safety related traffic offences, based on the proportion of such offences which have been followed up by information letters.

Article 7

Data protection

1.   The provisions on data protection set out in Framework Decision 2008/977/JHA shall apply to personal data processed under this Directive.

2.   In particular, each Member State shall ensure that personal data processed under this Directive are, within an appropriate time period, rectified if inaccurate, or erased or blocked when they are no longer required, in accordance with Articles 4 and 5 of Framework Decision 2008/977/JHA, and that a time limit for the storage of data is established in accordance with Article 9 of that Framework Decision.

Member States shall ensure that all personal data processed under this Directive are only used for the objective set out in Article 1, and that the data subjects have the same rights to information to access, to rectification, erasure and blocking, to compensation and to judicial redress as those adopted under national law in implementation of relevant provisions of Framework Decision 2008/977/JHA.

All relevant provisions on data protection set out in the Prüm Decisions shall also apply to personal data processed under this Directive.

3.   Any person concerned shall have the right to obtain information on which personal data recorded in the Member State of registration were transmitted to the Member State of the offence, including the date of the request and the competent authority of the Member State of the offence.

Article 8

Information for road users in the Union

1.   The Commission shall make available on its website a summary in all official languages of the institutions of the Union of the rules in force in Member States in the field covered by this Directive. Member States shall provide information on these rules to the Commission.

2.   Member States shall provide road users with the necessary information about the rules applicable in their territory and the measures implementing this Directive in association with, among other organisations, road safety bodies, non-governmental organisations active in the field of road safety and automobile clubs.

Article 9

Delegated acts

The Commission shall be empowered to adopt delegated acts in accordance with Article 10 concerning the update of Annex I in the light of technical progress to take into account relevant changes to Decision 2008/615/JHA and Decision 2008/616/JHA or where required by legal acts of the Union directly relevant for the update of Annex I.

Article 10

Exercise of the delegation

1.   The power to adopt delegated acts is conferred on the Commission subject to the conditions laid down in this Article.

2.   The delegation of power referred to in Article 9 shall be conferred on the Commission for a period of five years from 6 November 2011. The Commission shall draw up a report in respect of the delegation of power not later than nine months before the end of the five-year period. The delegation of power shall be tacitly extended for periods of an identical duration, unless the European Parliament or the Council opposes such extension not later than three months before the end of each period.

3.   The delegation of power referred to in Article 9 may be revoked at any time by the European Parliament or by the Council. A decision to revoke shall put an end to the delegation of the power specified in that decision. It shall take effect on the day following the publication of the decision in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated acts already in force.

4.   As soon as it adopts a delegated act, the Commission shall notify it simultaneously to the European Parliament and to the Council.

5.   A delegated act adopted pursuant to Article 9 shall enter into force only if no objection has been expressed either by the European Parliament or the Council within a period of two months of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by two months at the initiative of the European Parliament or of the Council.

Article 11

Revision of the Directive

By 7 November 2016, the Commission shall submit a report to the European Parliament and the Council on the application of this Directive by the Member States. In its report, the Commission shall focus in particular on the following aspects and shall, as appropriate, make proposals to cover those aspects:

| — | an assessment of whether other road safety related traffic offences should be added to the scope of this Directive, |
| --- | --- |

—

an assessment of whether other road safety related traffic offences should be added to the scope of this Directive,

| — | an assessment of the effectiveness of this Directive on the reduction in the number of fatalities on Union roads, in particular whether the effectiveness of this Directive is affected by its territorial scope, |
| --- | --- |

—

an assessment of the effectiveness of this Directive on the reduction in the number of fatalities on Union roads, in particular whether the effectiveness of this Directive is affected by its territorial scope,

| — | an assessment of the need for developing common standards for automatic checking equipment and for procedures. In this context, the Commission is invited to develop at Union level road safety guidelines within the framework of the common transport policy in order to ensure greater convergence of the enforcement of road traffic rules by Member States through comparable methods and practices. These guidelines may cover at least the non-respect of speed limits, drink-driving, non-use of seat belts and failure to stop at a traffic red light, |
| --- | --- |

—

an assessment of the need for developing common standards for automatic checking equipment and for procedures. In this context, the Commission is invited to develop at Union level road safety guidelines within the framework of the common transport policy in order to ensure greater convergence of the enforcement of road traffic rules by Member States through comparable methods and practices. These guidelines may cover at least the non-respect of speed limits, drink-driving, non-use of seat belts and failure to stop at a traffic red light,

| — | an assessment of the need to strengthen the enforcement of sanctions with regard to road safety related traffic offences and to propose common criteria concerning the follow-up procedures in the case of non-payment of a financial penalty, within the framework of all relevant EU policies, including the common transport policy, |
| --- | --- |

—

an assessment of the need to strengthen the enforcement of sanctions with regard to road safety related traffic offences and to propose common criteria concerning the follow-up procedures in the case of non-payment of a financial penalty, within the framework of all relevant EU policies, including the common transport policy,

| — | possibilities to harmonise traffic rules where appropriate, |
| --- | --- |

—

possibilities to harmonise traffic rules where appropriate,

| — | an assessment of the software applications as referred to in Article 4(4), with a view to ensuring proper implementation of this Directive as well as guaranteeing an effective, expeditious, secure and confidential exchange of specific VRD. |
| --- | --- |

—

an assessment of the software applications as referred to in Article 4(4), with a view to ensuring proper implementation of this Directive as well as guaranteeing an effective, expeditious, secure and confidential exchange of specific VRD.

Article 12

Transposition

1.   Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by 7 November 2013. They shall forthwith communicate to the Commission the text of those provisions.

When Member States adopt those provisions, they shall contain a reference to this Directive or be accompanied by such a reference on the occasion of their official publication. Member States shall determine how such reference is to be made.

2.   Member States shall communicate to the Commission the text of the main provisions of national law which they adopt in the field covered by this Directive.

Article 13

Entry into force

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

Official Journal of the European Union

Article 14

Addressees

This Directive is addressed to the Member States in accordance with the Treaties.

Done at Strasbourg, 25 October 2011.

For the European Parliament

The President

J. BUZEK

For the Council

The President

M. DOWGIELEWICZ

---

(1)  Position of the European Parliament of 17 December 2008 (OJ C 45 E, 23.2.2010, p. 149) and position of the Council at first reading of 17 March 2011 (OJ C 136 E, 6.5.2011, p. 1). Position of the European Parliament of 6 July 2011 (not yet published in the Official Journal) and decision of the Council of 29 September 2011.

1

(2)  
  OJ L 210, 6.8.2008, p. 1.

2

(3)  
  OJ L 210, 6.8.2008, p. 12.

3

(4)  
  OJ L 76, 22.3.2005, p. 16.

4

(5)  
  OJ L 280, 26.10.2010, p. 1.

5

(6)  
  OJ L 350, 30.12.2008, p. 60.

6

(7)  
  OJ C 321, 31.12.2003, p. 1.

7

(8)  
  OJ C 310, 5.12.2008, p. 9.

8

(9)  
  OJ L 373, 31.12.1991, p. 26.

9

---

ANNEX I

DATA ELEMENTS RELATED TO THE SEARCH REFERRED TO IN ARTICLE 4

| Item | M/O (1) | Remarks |
| --- | --- | --- |
| Data relating to the vehicle | M | |
| Member State of registration | M | |
| Licence number | M | (A (2)) |
| Data relating to the offence | M | |
| Member State of the offence | M | |
| Reference date of the offence | M | |
| Reference time of the offence | M | |
| Purpose of the search | M | Code indicating the type of offence as listed in Article 2







  1 | = | Speeding |
| 2 | = | Drink-driving |
| 3 | = | Non-use of seat belt |
| 4 | = | Failing to stop at red traffic light |
| 5 | = | Use of forbidden lane |
| 10 | = | Driving under the influence of drugs |
| 11 | = | Failing to wear a safety helmet |
| 12 | = | Illegally using a mobile phone or any other communication devices while driving |

Item

M/O (1)

Remarks

Data relating to the vehicle

M

Member State of registration

M

Licence number

M

(A (2))

Data relating to the offence

M

Member State of the offence

M

Reference date of the offence

M

Reference time of the offence

M

Purpose of the search

M

Code indicating the type of offence as listed in Article 2

1

=

Speeding

2

=

Drink-driving

3

=

Non-use of seat belt

4

=

Failing to stop at red traffic light

5

=

Use of forbidden lane

10

=

Driving under the influence of drugs

11

=

Failing to wear a safety helmet

12

=

Illegally using a mobile phone or any other communication devices while driving

DATA ELEMENTS PROVIDED REFERRED TO IN ARTICLE 4

Part I.   Data relating to vehicles

| Item | M/O (3) | Remarks |
| --- | --- | --- |
| Licence number | M | |
| Chassis number/VIN | M | |
| Country of registration | M | |
| Make | M | (D.1 (4)) e.g. Ford, Opel, Renault |
| Commercial type of the vehicle | M | (D.3) e.g. Focus, Astra, Megane |
| EU Category Code | M | (J) e.g. mopeds, motorbikes, cars |

Item

M/O (3)

Remarks

Licence number

M

Chassis number/VIN

M

Country of registration

M

Make

M

(D.1 (4)) e.g. Ford, Opel, Renault

Commercial type of the vehicle

M

(D.3) e.g. Focus, Astra, Megane

EU Category Code

M

(J) e.g. mopeds, motorbikes, cars

Part II.   Data relating to holders or owners of the vehicle

| Item | M/O (5) | Remarks |
| --- | --- | --- |
| Data relating to holders of the vehicle | | (C.1 (6))
  The data refer to the holder of the specific registration certificate. |
| Registration holders’ (company) name | M | (C.1.1)
  Separate fields shall be used for surname, infixes, titles, etc.,
  and
  the name in printable format shall be communicated. |
| First name | M | (C.1.2)
  Separate fields for first name(s) and initials shall be used,
  and
  the name in printable format shall be communicated. |
| Address | M | (C.1.3)
  Separate fields shall be used for Street, House number and Annex, Post code, Place of residence, Country of residence, etc.,
  and
  the Address in printable format shall be communicated. |
| Gender | O | Male, female |
| Date of birth | M | |
| Legal entity | M | Individual, association, company, firm, etc. |
| Place of Birth | O | |
| ID Number | O | An identifier that uniquely identifies the person or the company. |
| Data relating to owners of the vehicle | | (C.2) The data refer to the owner of the vehicle. |
| Owners' (company) name | M | (C.2.1) |
| First name | M | (C.2.2) |
| Address | M | (C.2.3) |
| Gender | O | Male, female |
| Date of birth | M | |
| Legal entity | M | Individual, association, company, firm, etc. |
| Place of Birth | O | |
| ID Number | O | An identifier that uniquely identifies the person or the company. |
| | | In case of scrap vehicles, stolen vehicles or number plates, or outdated vehicle registration no owner/holder information shall be provided. Instead, the message ‘Information not disclosed’ shall be returned. |

Item

M/O (5)

Remarks

Data relating to holders of the vehicle

(C.1 (6))

The data refer to the holder of the specific registration certificate.

Registration holders’ (company) name

M

(C.1.1)

Separate fields shall be used for surname, infixes, titles, etc.,

and

the name in printable format shall be communicated.

First name

M

(C.1.2)

Separate fields for first name(s) and initials shall be used,

and

the name in printable format shall be communicated.

Address

M

(C.1.3)

Separate fields shall be used for Street, House number and Annex, Post code, Place of residence, Country of residence, etc.,

and

the Address in printable format shall be communicated.

Gender

O

Male, female

Date of birth

M

Legal entity

M

Individual, association, company, firm, etc.

Place of Birth

O

ID Number

O

An identifier that uniquely identifies the person or the company.

Data relating to owners of the vehicle

(C.2) The data refer to the owner of the vehicle.

Owners' (company) name

M

(C.2.1)

First name

M

(C.2.2)

Address

M

(C.2.3)

Gender

O

Male, female

Date of birth

M

Legal entity

M

Individual, association, company, firm, etc.

Place of Birth

O

ID Number

O

An identifier that uniquely identifies the person or the company.

In case of scrap vehicles, stolen vehicles or number plates, or outdated vehicle registration no owner/holder information shall be provided. Instead, the message ‘Information not disclosed’ shall be returned.

---

(1)  M = mandatory when available in national register, O = optional.

(2)  Harmonised document abbreviation, see Council Directive 1999/37/EC of 29 April 1999 on the registration documents for vehicles (OJ L 138, 1.6.1999, p. 57).

(3)  M = mandatory when available in national register, O = optional.

(4)  Harmonised document abbreviation, see Directive 1999/37/EC.

(5)  M = mandatory when available in national register, O = optional.

(6)  Harmonised document abbreviation, see Directive 1999/37/EC.

---

ANNEX II

TEMPLATE FOR THE INFORMATION LETTER

referred to in Article 5

[Coverpage]

Image 1

[Name, address and telephone number of sender]

[Name and address of addressee]

INFORMATION LETTER

regarding a road safety related traffic offence committed in ...

[name of Member State where the offence has been committed]

Image 2

Page 2

On ... a road safety related traffic offence committed with the vehicle with registration

[date]

number ..., make ..., model ...

was detected by ...

[name of the responsible body]

[Option 1] (1)

You are registered as the holder of the registration certificate of the abovementioned vehicle.

[Option 2] (1)

The holder of the registration certificate of the abovementioned vehicle indicated that you were driving that vehicle when the road safety related traffic offence was committed.

The relevant details of the offence are described on page 3 below.

The amount of the financial penalty due for this offence is ... EUR/national currency.

Deadline for the payment is ...

You are advised to complete the attached reply form (page 4) and send it to the address shown, if you do not pay this financial penalty.

This letter shall be processed in accordance with the national law of ...

[name of the Member State of the offence].

(1) Delete if not applicable.

Image 3

Page 3

Relevant details concerning the offence

(a) Data concerning the vehicle with which the offence has been committed:

Registration number: ...

Country of registration: ...

Make and model: ...

(b) Data concerning the offence:

Place, date and time where the offence has been committed:

Nature and legal classification of the offence:

speeding, non-use of seatbelt, failing to stop at a red traffic light, drink-driving, driving under the influence of drugs, failing to wear a safety helmet, use of a forbidden lane, illegally using a mobile telephone or any other communication device while driving (1)

Detailed description of the offence:

Reference to the relevant legal provision(s):

Description of or reference to the evidence for the offence:

(c) Data concerning the device that has been used for detecting the offence (2):

Type of device for detection of speeding, non-use of seatbelt, failing to stop at a red traffic light, drink-driving, driving under the influence of drugs, failing to wear a safety helmet, use of a forbidden lane, illegally using a mobile telephone or any other communication devices while driving (1):

Specification of the device:

Identification number of the device:

Expiry date for the last gauging:

(d) The result of the application of the device:

[example for speeding; other offences to be added:]

The maximum speed:

The measured speed:

The measured speed corrected for margin of error:

(1) Delete if not applicable.

(2) Not applicable if no device has been used.

Image 4

Page 4

Reply form

(please complete using block capitals)

A. Identity of the driver:

- Full name: ...

- Place and date of birth: ...

- Number of driving licence: ... delivered (date): ... and at (place): ...

- Address: ...

B. List of questions:

1. Is the vehicle, make ... registration number ... registered in your name?

yes/no (1)

If not, the holder of the registration certificate is: ...

(name, first name, address)

2. Do you acknowledge that you committed the offence?

yes/no (1)

3. If you do not acknowledge this, please explain why:

Please send the completed form within 60 days from the date of this information letter to the following authority: ...

at the following address: ...

INFORMATION

This case will be examined by the competent authority of ...

[name of the Member State of the offence]

If this case is not pursued, you will be informed within 60 days after receipt of the reply form.

(1) Delete if not applicable.

Image 5

If this case is pursued, the following procedure applies:

[to be filled in by the Member State of the offence — what the further procedure will be, including details of the possibility and procedure of appeal against the decision to pursue the case. These details shall in any event include: name and address of the authority in charge of pursuing the case; deadline for payment; name and address of the body of appeal concerned; deadline for appeal].

This letter as such does not lead to legal consequences.

---

COMMISSION STATEMENT ON THE LEGAL BASIS

"The Commission notes that both Council and European Parliament agree on the replacement of the legal basis proposed by the Commission, namely Article 91, paragraph 1c, TFEU by Article 87, paragraph 2, TFEU. While the Commission shares the view of both co-legislators about the importance of pursuing the aims of the proposed Directive to improve road safety, it considers however from a legal and institutional perspective that Article 87, paragraph 2, TFEU does not constitute the appropriate legal basis and therefore reserves its right to use all legal means at its disposal."

---

II Non-legislative acts

INTERNATIONAL AGREEMENTS

| 5.11.2011 | EN | Official Journal of the European Union | L 288/16 |
| --- | --- | --- | --- |

5.11.2011

EN

Official Journal of the European Union

L 288/16

---

COUNCIL DECISION

of 27 October 2011

on the position to be taken by the European Union within the Trade Committee set up by the Free Trade Agreement between the European Union and its Member States, of the one part, and the Republic of Korea, of the other part, as regards the adoption of the rules of procedure of the Trade Committee and the establishment of a list of 15 arbitrators

(2011/722/EU)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union, and in particular Articles 91 and 100(2) and the first subparagraph of Article 207(4) in conjunction with Article 218(9) thereof,

Having regard to the proposal from the European Commission,

Whereas:

| (1) | On 23 April 2007 the Council authorised the Commission to negotiate a free trade agreement with the Republic of Korea on behalf of the European Union and its Member States. |
| --- | --- |

(1)

On 23 April 2007 the Council authorised the Commission to negotiate a free trade agreement with the Republic of Korea on behalf of the European Union and its Member States.

| (2) | Those negotiations have been concluded and the Free Trade Agreement between the European Union and its Member States, of the one part, and the Republic of Korea, of the other part (1) (the Agreement) was signed on 6 October 2010. |
| --- | --- |

(2)

Those negotiations have been concluded and the Free Trade Agreement between the European Union and its Member States, of the one part, and the Republic of Korea, of the other part (1) (the Agreement) was signed on 6 October 2010.

| (3) | Pursuant to Article 15.10.5 of the Agreement, the Agreement has been provisionally applied since 1 July 2011 pending the completion of the procedures for its conclusion. |
| --- | --- |

(3)

Pursuant to Article 15.10.5 of the Agreement, the Agreement has been provisionally applied since 1 July 2011 pending the completion of the procedures for its conclusion.

| (4) | Article 15.1 of the Agreement establishes a Trade Committee, which shall, inter alia, ensure that the Agreement operates properly. |
| --- | --- |

(4)

Article 15.1 of the Agreement establishes a Trade Committee, which shall, inter alia, ensure that the Agreement operates properly.

| (5) | Article 15.1.4(f) of the Agreement provides that the Trade Committee may adopt its own rules of procedure. |
| --- | --- |

(5)

Article 15.1.4(f) of the Agreement provides that the Trade Committee may adopt its own rules of procedure.

| (6) | Article 14.18 of the Agreement provides that the Trade Committee shall, no later than 6 months after the entry into force of the Agreement or its provisional application, establish a list of 15 individuals to serve as arbitrators. |
| --- | --- |

(6)

Article 14.18 of the Agreement provides that the Trade Committee shall, no later than 6 months after the entry into force of the Agreement or its provisional application, establish a list of 15 individuals to serve as arbitrators.

| (7) | The Union should determine the position to be taken as regards the adoption of the rules of procedure of the Trade Committee and the establishment of the list of arbitrators, |
| --- | --- |

(7)

The Union should determine the position to be taken as regards the adoption of the rules of procedure of the Trade Committee and the establishment of the list of arbitrators,

HAS ADOPTED THIS DECISION:

Article 1

The position to be taken by the Union in the Trade Committee, set up by the Free Trade Agreement between the European Union and its Member States, of the one part, and the Republic of Korea, of the other part, as regards the adoption of the rules of procedure of the Trade Committee and the establishment of the list of 15 individuals to serve as arbitrators shall be based on the draft decisions of the Trade Committee attached to this Decision.

Article 2

The delegation of the EU Party to the Trade Committee shall be composed, in accordance with the division of competences established pursuant to the Treaty, of representatives of the Commission and of the Member States, acting within their respective areas of competence as derived from the Treaties.

Article 3

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

Done at Luxembourg, 27 October 2011.

For the Council

The President

J. MILLER

---

(1)  
  OJ L 127, 14.5.2011, p. 6.

1

---

DRAFT

DECISION No ... OF THE EU-KOREA TRADE COMMITTEE

of

on the adoption of the rules of procedure of the Trade Committee

THE TRADE COMMITTEE,

Having regard to the Free Trade Agreement between the European Union and its Member States, of the one part, and the Republic of Korea, of the other part (the Agreement), signed in Brussels on 6 October 2010, and in particular Articles 15.1.3(c) and 15.1.4(f) thereof,

Whereas:

| (1) | The Trade Committee may adopt its own rules of procedure and shall supervise the work of all Specialised Committees, Working Groups and other bodies, with the exception of the Committee on Cultural Cooperation in accordance with Article 3.3 of the Protocol on Cultural Cooperation of the Agreement. |
| --- | --- |

(1)

The Trade Committee may adopt its own rules of procedure and shall supervise the work of all Specialised Committees, Working Groups and other bodies, with the exception of the Committee on Cultural Cooperation in accordance with Article 3.3 of the Protocol on Cultural Cooperation of the Agreement.

| (2) | The Trade Committee has the exclusive authority to adopt decisions in the areas covered by the Specialised Committees and Working Groups, unless otherwise specified in the Agreement, |
| --- | --- |

(2)

The Trade Committee has the exclusive authority to adopt decisions in the areas covered by the Specialised Committees and Working Groups, unless otherwise specified in the Agreement,

HAS ADOPTED THIS DECISION:

Article 1

The rules of procedure of the Trade Committee are established as set out in the Annex.

Article 2

This Decision shall enter into force on ...

Done at ..., ...

For the Trade Committee

Minister for Trade of the Republic of Korea

Kim JONG-HOON

Commissioner for Trade of the European Commission

Karel DE GUCHT

ANNEX

RULES OF PROCEDURE OF THE TRADE COMMITTEE

Article 1

Composition and Chair

1.   The Trade Committee that is established in accordance with Article 15.1 of the Free Trade Agreement between the European Union and its Member States, of the one part, and the Republic of Korea, of the other part, (the Agreement) shall perform its duties as provided in Article 15.1 of the Agreement and take responsibility for general implementation of the Agreement.

2.   As provided for in Article 15.1.1 of the Agreement, the Trade Committee shall be composed of the representatives of the EU Party, on the one hand, and representatives of Korea, on the other hand.

3.   The Trade Committee shall be co-chaired by the Minister for Trade of Korea and the Member of the European Commission responsible for Trade. The Chairpersons may arrange to be represented by respective designees as provided in Article 15.1.2 of the Agreement.

Article 2

Representation

1.   A Party shall notify the other Party of the list of its members of the Trade Committee. The list shall be administered by the Secretariat of the Trade Committee.

2.   A member wishing to be represented by an alternate representative shall notify the Chairpersons of the Trade Committee of the name of his or her alternate representative before the meeting at which he or she is to be so represented. The alternate representative of a member of the Trade Committee shall exercise all the rights of that member.

Article 3

Meetings

1.   The Trade Committee shall meet once a year or at the request of either Party. The meetings shall be held in Brussels or Seoul alternately, unless the Parties agree otherwise.

2.   By way of exception and if both Parties agree, the meetings of the Trade Committee may be held by video or teleconference.

3.   Each meeting of the Trade Committee shall be convened by the Secretariat of the Trade Committee at a date and place agreed by both Parties. The convening notice of the meeting shall be issued by the Secretariat of the Trade Committee to the members of the Trade Committee no later than 28 days prior to the start of the session, unless the Parties agree otherwise.

Article 4

Delegation

The members of the Trade Committee may be accompanied by officials. Before each meeting, the Chairpersons of the Trade Committee shall be informed of the intended composition of the delegations attending the meeting.

Article 5

Observers

The Trade Committee may decide to invite observers on an ad hoc basis.

Article 6

Secretariat

The coordinators designated by the Parties in accordance with Article 15.6 of the Agreement shall jointly act as Secretariat of the Trade Committee.

Article 7

Documents

Where the deliberations of the Trade Committee are based on written supporting documents, such documents shall be numbered and circulated by the Secretariat of the Trade Committee as documents of the Trade Committee.

Article 8

Correspondence

1.   Correspondence to the Chairpersons of the Trade Committee shall be forwarded to the Secretariat of the Trade Committee for circulation to the members of the Trade Committee.

2.   Correspondence from the Chairpersons of the Trade Committee shall be sent to the recipients by the Secretariat of the Trade Committee and be numbered and circulated, where appropriate, to the other members of the Trade Committee.

Article 9

Agenda for the Meetings

1.   A provisional agenda for each meeting shall be drawn up by the Secretariat of the Trade Committee. It shall be forwarded, together with the relevant documents, to the members of the Trade Committee as well as the Chairpersons of the Trade Committee no later than 7 days before the beginning of the meeting.

2.   The provisional agenda shall include items in respect of which the Secretariat of the Trade Committee has received a request for inclusion in the agenda by a Party, together with the relevant documents, no later than 14 days before the beginning of the meeting.

3.   The agenda shall be adopted by the Trade Committee at the beginning of each meeting. Items other than those appearing on the provisional agenda may be placed on the agenda if the Parties so agree.

4.   The Chairpersons of the Trade Committee may, upon agreement, invite experts to attend its meetings in order to provide information on specific subjects.

5.   The Chairpersons of the Trade Committee may, upon agreement, reduce the time periods specified in paragraphs 1 and 2 in order to take account of the requirements of a particular case.

Article 10

Minutes

1.   Draft minutes of each meeting shall be drawn up by the Secretariat of the Trade Committee, normally within 21 days from the end of the meeting.

2.   The minutes shall, as a general rule, summarise each item on the agenda, specifying where applicable:

| (a) | the documents submitted to the Trade Committee; |
| --- | --- |

(a)

the documents submitted to the Trade Committee;

| (b) | any statement that a member of the Trade Committee has asked to be entered; and |
| --- | --- |

(b)

any statement that a member of the Trade Committee has asked to be entered; and

| (c) | the decisions adopted, recommendations made, statements agreed upon and conclusions adopted on specific items. |
| --- | --- |

(c)

the decisions adopted, recommendations made, statements agreed upon and conclusions adopted on specific items.

3.   The minutes shall also include a list of members of the Trade Committee or their alternate representatives who took part in the meeting, a list of the members of the delegations accompanying them and a list of any observers or experts to the meeting.

4.   The minutes shall be approved in writing by both Parties within 28 days of the date of the meeting or by any other date agreed by the Parties. Once approved, two copies of the minutes shall be signed by the Secretariat of the Trade Committee and each of the Parties shall receive one original copy of these authentic documents. Copies of the signed minutes shall be forwarded to the members of the Trade Committee.

Article 11

Reports

The Trade Committee shall report to the Joint Committee of the Framework Agreement on its activities and those of its Specialised Committees, Working Groups and other bodies at each regular meeting of the Joint Committee as provided in Article 15.1.5 of the Agreement.

Article 12

Decisions and Recommendations

1.   The Trade Committee shall adopt decisions and recommendations by agreement between the Parties, as provided for in Article 15.4 of the Agreement.

2.   In the period between meetings, the Trade Committee may adopt decisions or recommendations by written procedure if both Parties agree. The written procedure shall consist of an exchange of notes between the Chairpersons of the Trade Committee.

3.   Where the Trade Committee is empowered under the Agreement to adopt decisions or recommendations, such acts shall be entitled ‘Decision’ or ‘Recommendation’ respectively. The Secretariat of the Trade Committee shall give any decision or recommendation a serial number, the date of adoption and a description of their subject-matter. Each decision shall provide for the date of its entry into force.

4.   Decisions and recommendations adopted by the Trade Committee shall be authenticated by two authentic copies signed by the Chairpersons of the Trade Committee.

Article 13

Publicity and Confidentiality

1.   Unless otherwise decided, the meetings of the Trade Committee shall not be public.

2.   When a Party submits information considered as confidential under its laws and regulations to the Trade Committee, Specialised Committees, Working Groups or any other bodies, the other Party shall treat that information as confidential as provided in Article 15.1.7 of the Agreement.

3.   Each Party may decide on the publication of the decisions and recommendations of the Trade Committee in its respective official publication.

Article 14

Expenses

1.   Each Party shall meet any expenses it incurs as a result of participating in the meetings of the Trade Committee, both with regard to staff, travel and subsistence expenditure and with regard to postal and telecommunications expenditure.

2.   Expenditure in connection with the organisation of meetings and reproduction of documents shall be borne by the Party hosting the meeting.

Article 15

Specialised Committees and Working Groups

1.   The Trade Committee shall be assisted in the performance of its duties by the Specialised Committees and Working Groups established under the auspices of the Trade Committee.

2.   The Trade Committee shall be informed of the contact points designated by each Specialised Committee and Working Group. All correspondences, documents and communications including the exchange of e-mails between the contact points of each Specialised Committee and Working Group regarding the implementation of the Agreement shall be forwarded to the Secretariat of the Trade Committee simultaneously.

3.   The Trade Committee at each regular meeting shall receive reports from each Specialised Committee and Working Group on its activities.

4.   Each Specialised Committee and Working Group may establish its own rules of procedure which shall be reported to the Trade Committee.

---

DRAFT

DECISION No ... OF THE EU-KOREA TRADE COMMITTEE

of

on the establishment of a list of arbitrators referred to in Article 14.18 of the Free Trade Agreement between the European Union and its Member States, of the one part, and the Republic of Korea, of the other part

THE TRADE COMMITTEE,

Having regard to the Free Trade Agreement between the European Union and its Member States, of the one part, and the Republic of Korea, of the other part, signed in Brussels on 6 October 2010 (‘the Parties’ and ‘the Agreement’), and in particular Article 14.18 thereof,

Whereas:

| (1) | The Agreement provides for a dispute settlement mechanism whereby disputes are solved through recourse to a panel of arbitrators. |
| --- | --- |

(1)

The Agreement provides for a dispute settlement mechanism whereby disputes are solved through recourse to a panel of arbitrators.

| (2) | In the event of a dispute, the Parties shall consult in order to reach an agreement on the composition of the arbitration panel and, failing this agreement, the panel shall be composed by drawing lots from a list of names. |
| --- | --- |

(2)

In the event of a dispute, the Parties shall consult in order to reach an agreement on the composition of the arbitration panel and, failing this agreement, the panel shall be composed by drawing lots from a list of names.

| (3) | Such list of names shall be established by the Trade Committee in accordance with Article 14.18 of the Agreement. |
| --- | --- |

(3)

Such list of names shall be established by the Trade Committee in accordance with Article 14.18 of the Agreement.

| (4) | The Parties have agreed on a list of 15 names, |
| --- | --- |

(4)

The Parties have agreed on a list of 15 names,

HAS ADOPTED THIS DECISION:

Article 1

The list of 15 arbitrators is set out in the Annex to this Decision.

Article 2

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

Done at ..., ...

For the Trade Committee

Minister for Trade of the Republic of Korea

Kim JONG-HOON

Commissioner for Trade of the European Commission

Karel DE GUCHT

ANNEX

LIST OF ARBITRATORS

Arbitrators proposed by Korea

| | Dukgeun AHN |
| --- | --- |

Dukgeun AHN

| | Seungwha CHANG |
| --- | --- |

Seungwha CHANG

| | Sungjoon CHO |
| --- | --- |

Sungjoon CHO

| | Joongi KIM |
| --- | --- |

Joongi KIM

| | Jaemin LEE |
| --- | --- |

Jaemin LEE

Arbitrators proposed by the EU

| | Jacques BOURGEOIS |
| --- | --- |

Jacques BOURGEOIS

| | Claus-Dieter EHLERMANN |
| --- | --- |

Claus-Dieter EHLERMANN

| | Pieter Jan KUIJPER |
| --- | --- |

Pieter Jan KUIJPER

| | Giorgio SACERDOTI |
| --- | --- |

Giorgio SACERDOTI

| | Ramon TORRENT |
| --- | --- |

Ramon TORRENT

Chairpersons

| | William DAVEY (United States) |
| --- | --- |

William DAVEY (United States)

| | Merit JANOW (United States) |
| --- | --- |

Merit JANOW (United States)

| | Virachai PLASAI (Thailand) |
| --- | --- |

Virachai PLASAI (Thailand)

| | Helge SELAND (Norway) |
| --- | --- |

Helge SELAND (Norway)

| | Florentino FELICIANO (Philippines) |
| --- | --- |

Florentino FELICIANO (Philippines)

---

REGULATIONS

| 5.11.2011 | EN | Official Journal of the European Union | L 288/23 |
| --- | --- | --- | --- |

5.11.2011

EN

Official Journal of the European Union

L 288/23

---

COMMISSION IMPLEMENTING REGULATION (EU) No 1114/2011

of 4 November 2011

repealing Regulation (EC) No 601/2008 on protective measures applying to certain fishery products imported from Gabon and intended for human consumption

(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 178/2002 of the European Parliament and of the Council of 28 January 2002 laying down the general principles and requirements of food law, establishing the European Food Safety Authority and laying down procedures in matters of food safety (1), and in particular Article 53(1)(b) thereof,

Whereas:

| (1) | Commission Regulation (EC) No 601/2008 (2) applies to certain fishery products originating in Gabon and intended for human consumption. It provides for laboratory checks on each consignment of such fishery products to ensure compliance with the relevant limit values for heavy metals and sulphites, respectively, that are laid down in Commission Regulation (EC) No 1881/2006 of 19 December 2006 setting maximum levels for certain contaminants in foodstuffs (3) and in European Parliament and Council Directive 95/2/EC of 20 February 1995 on food additives other than colours and sweeteners (4). These protective measures were taken after a Community inspection in 2007 revealed significant shortcomings in Gabon’s monitoring system. |
| --- | --- |

(1)

Commission Regulation (EC) No 601/2008 (2) applies to certain fishery products originating in Gabon and intended for human consumption. It provides for laboratory checks on each consignment of such fishery products to ensure compliance with the relevant limit values for heavy metals and sulphites, respectively, that are laid down in Commission Regulation (EC) No 1881/2006 of 19 December 2006 setting maximum levels for certain contaminants in foodstuffs (3) and in European Parliament and Council Directive 95/2/EC of 20 February 1995 on food additives other than colours and sweeteners (4). These protective measures were taken after a Community inspection in 2007 revealed significant shortcomings in Gabon’s monitoring system.

| (2) | The Food and Veterinary Office carried out a follow-up inspection in Gabon in July 2010 to evaluate the monitoring system in place governing the production of fishery products intended for export to the Union. The inspection team observed improvements in legislation, official control procedures and laboratory performance. A number of recommendations were made that were subsequently addressed by Gabon. In addition, pre-export controls carried out in Gabon now provide appropriate guarantees to allow imports of fishery products, intended for human consumption, into the Union. |
| --- | --- |

(2)

The Food and Veterinary Office carried out a follow-up inspection in Gabon in July 2010 to evaluate the monitoring system in place governing the production of fishery products intended for export to the Union. The inspection team observed improvements in legislation, official control procedures and laboratory performance. A number of recommendations were made that were subsequently addressed by Gabon. In addition, pre-export controls carried out in Gabon now provide appropriate guarantees to allow imports of fishery products, intended for human consumption, into the Union.

| (3) | Since the checks provided for in Regulation (EC) No 601/2008 are no longer necessary that Regulation should be repealed. |
| --- | --- |

(3)

Since the checks provided for in Regulation (EC) No 601/2008 are no longer necessary that Regulation should be repealed.

| (4) | The measures provided for in this Regulation are in accordance with the opinion of the Standing Committee on the Food Chain and Animal Health, |
| --- | --- |

(4)

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

Regulation (EC) No 601/2008 is repealed.

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, 4 November 2011.

For the Commission

The President

José Manuel BARROSO

---

(1)  
  OJ L 31, 1.2.2002, p. 1.

1

(2)  
  OJ L 165, 26.6.2008, p. 3.

2

(3)  
  OJ L 364, 20.12.2006, p. 5.

3

(4)  
  OJ L 61, 18.3.1995, p. 1.

4

---

| 5.11.2011 | EN | Official Journal of the European Union | L 288/24 |
| --- | --- | --- | --- |

5.11.2011

EN

Official Journal of the European Union

L 288/24

---

COMMISSION IMPLEMENTING REGULATION (EU) No 1115/2011

of 4 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 5 November 2011.

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

Done at Brussels, 4 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 | 61,3 |
| MA | 47,6 |
| MK | 61,4 |
| TR | 85,0 |
| ZZ | 63,8 |
| 0707 00 05 | AL | 62,0 |
| TR | 117,0 |
| ZZ | 89,5 |
| 0709 90 70 | MA | 70,3 |
| TR | 106,3 |
| ZZ | 88,3 |
| 0805 20 10 | MA | 103,6 |
| ZA | 130,9 |
| ZZ | 117,3 |
| 0805 20 30 , 0805 20 50 , 0805 20 70 , 0805 20 90 | AR | 54,5 |
| HR | 28,4 |
| IL | 77,0 |
| MA | 79,7 |
| TR | 86,5 |
| UY | 69,9 |
| ZZ | 66,0 |
| 0805 50 10 | AR | 58,5 |
| BO | 59,5 |
| CL | 76,1 |
| TR | 60,1 |
| ZA | 41,9 |
| ZZ | 59,2 |
| 0806 10 10 | BR | 225,6 |
| CL | 73,3 |
| LB | 291,0 |
| TR | 121,1 |
| US | 249,8 |
| ZA | 80,8 |
| ZZ | 173,6 |
| 0808 10 80 | CA | 145,0 |
| CL | 90,0 |
| CN | 86,4 |
| MK | 41,0 |
| NZ | 127,6 |
| US | 86,2 |
| ZA | 82,8 |
| ZZ | 94,1 |
| 0808 20 50 | CN | 48,9 |
| TR | 133,1 |
| ZZ | 91,0 |

(EUR/100 kg)

CN code

Third country code (1)

Standard import value

0702 00 00

AL

61,3

MA

47,6

MK

61,4

TR

85,0

ZZ

63,8

0707 00 05

AL

62,0

TR

117,0

ZZ

89,5

0709 90 70

MA

70,3

TR

106,3

ZZ

88,3

0805 20 10

MA

103,6

ZA

130,9

ZZ

117,3

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

AR

54,5

HR

28,4

IL

77,0

MA

79,7

TR

86,5

UY

69,9

ZZ

66,0

0805 50 10

AR

58,5

BO

59,5

CL

76,1

TR

60,1

ZA

41,9

ZZ

59,2

0806 10 10

BR

225,6

CL

73,3

LB

291,0

TR

121,1

US

249,8

ZA

80,8

ZZ

173,6

0808 10 80

CA

145,0

CL

90,0

CN

86,4

MK

41,0

NZ

127,6

US

86,2

ZA

82,8

ZZ

94,1

0808 20 50

CN

48,9

TR

133,1

ZZ

91,0

---

(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

| 5.11.2011 | EN | Official Journal of the European Union | L 288/26 |
| --- | --- | --- | --- |

5.11.2011

EN

Official Journal of the European Union

L 288/26

---

COMMISSION IMPLEMENTING DECISION

of 3 November 2011

amending Decision 2008/866/EC on emergency measures suspending imports from Peru of certain bivalve molluscs intended for human consumption, as regards its period of application

(notified under document C(2011) 7767)

(Text with EEA relevance)

(2011/723/EU)

THE EUROPEAN COMMISSION,

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

Having regard to Regulation (EC) No 178/2002 of the European Parliament and of the Council of 28 January 2002 laying down the general principles and requirements of food law, establishing the European Food Safety Authority and laying down procedures in matters of food safety (1), and in particular Article 53(1)(b)(i) thereof,

Whereas:

| (1) | Regulation (EC) No 178/2002 lays down the general principles governing food and feed in general, and food and feed safety in particular, at Union and national level. It provides for emergency measures where there is evidence that food or feed imported from a third country is likely to constitute a serious risk to human health, animal health or the environment, and that such risk cannot be contained satisfactorily by means of measures taken by the Member State(s) concerned. |
| --- | --- |

(1)

Regulation (EC) No 178/2002 lays down the general principles governing food and feed in general, and food and feed safety in particular, at Union and national level. It provides for emergency measures where there is evidence that food or feed imported from a third country is likely to constitute a serious risk to human health, animal health or the environment, and that such risk cannot be contained satisfactorily by means of measures taken by the Member State(s) concerned.

| (2) | Commission Decision 2008/866/EC of 12 November 2008 on emergency measures suspending imports from Peru of certain bivalve molluscs intended for human consumption (2) was adopted following an outbreak of hepatitis A in humans related to the consumption of bivalve molluscs imported from Peru contaminated with hepatitis A virus (HAV). That Decision initially applied until 31 March 2009 but this period of application was extended until 30 November 2011 by Commission Decision 2010/641/EU (3). |
| --- | --- |

(2)

Commission Decision 2008/866/EC of 12 November 2008 on emergency measures suspending imports from Peru of certain bivalve molluscs intended for human consumption (2) was adopted following an outbreak of hepatitis A in humans related to the consumption of bivalve molluscs imported from Peru contaminated with hepatitis A virus (HAV). That Decision initially applied until 31 March 2009 but this period of application was extended until 30 November 2011 by Commission Decision 2010/641/EU (3).

| (3) | A Commission audit carried out in September 2009 verified that the Peruvian authorities were putting in place the corrective measures contained in the information they provided after the outbreak of hepatitis A. However these measures were not completely implemented at the time of the inspection. |
| --- | --- |

(3)

A Commission audit carried out in September 2009 verified that the Peruvian authorities were putting in place the corrective measures contained in the information they provided after the outbreak of hepatitis A. However these measures were not completely implemented at the time of the inspection.

| (4) | A follow-up Commission audit has taken place in June 2011. |
| --- | --- |

(4)

A follow-up Commission audit has taken place in June 2011.

| (5) | The results of the audit showed that a well-implemented control system and monitoring plan are in place and improvements have been noted since the 2009 inspection visit. |
| --- | --- |

(5)

The results of the audit showed that a well-implemented control system and monitoring plan are in place and improvements have been noted since the 2009 inspection visit.

| (6) | However, the protective measures put in place with regard to the possible contamination of live bivalve molluscs with hepatitis A virus are still unsatisfactory. The Peruvian Competent Authority is currently developing a monitoring system for virus detection in live bivalve molluscs, but the testing method used cannot be considered reliable as it has not been validated yet. |
| --- | --- |

(6)

However, the protective measures put in place with regard to the possible contamination of live bivalve molluscs with hepatitis A virus are still unsatisfactory. The Peruvian Competent Authority is currently developing a monitoring system for virus detection in live bivalve molluscs, but the testing method used cannot be considered reliable as it has not been validated yet.

| (7) | Decision 2008/866/EC should therefore be amended accordingly. |
| --- | --- |

(7)

Decision 2008/866/EC should therefore be amended accordingly.

| (8) | The measures provided for in this Decision are in accordance with the opinion of the Standing Committee on the Food Chain and Animal Health, |
| --- | --- |

(8)

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

HAS ADOPTED THIS DECISION:

Article 1

In Article 5 of Decision 2008/866/EC, the date ‘30 November 2011’ is replaced by the date ‘30 November 2012’.

Article 2

This Decision is addressed to the Member States.

Done at Brussels, 3 November 2011.

For the Commission

John DALLI

Member of the Commission

---

(1)  
  OJ L 31, 1.2.2002, p. 1.

1

(2)  
  OJ L 307, 18.11.2008, p. 9.

2

(3)  
  OJ L 280, 26.10.2010, p. 59.

3

---