# Official Journal L 163/2013

| | ISSN 1977-0677
  doi:10.3000/19770677.L_2013.163.eng |
| --- | --- |
| Official Journal
  of the European Union | L 163 |
| | |
| English edition | Legislation | Volume 5615 June 2013 |

ISSN 1977-0677

doi:10.3000/19770677.L_2013.163.eng

Official Journal

of the European Union

L 163

English edition

Legislation

Volume 5615 June 2013

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| Contents | | II   Non-legislative acts | page |
| --- | --- | --- | --- |
| | | REGULATIONS |
| | * | Commission Regulation (EU) No 543/2013 of 14 June 2013 on submission and publication of data in electricity markets and amending Annex I to Regulation (EC) No 714/2009 of the European Parliament and of the Council (
  1
  ) | 1 |
| | * | Commission Implementing Regulation (EU) No 544/2013 of 14 June 2013 concerning the authorisation of a preparation of Bifidobacterium animalis ssp. animalis DSM 16284, Lactobacillus salivarius ssp. salivarius DSM 16351 and Enterococcus faecium DSM 21913 as a feed additive for chickens for fattening (holder of authorisation Biomin GmbH) (
  1
  ) | 13 |
| | * | Commission Regulation (EU) No 545/2013 of 14 June 2013 amending Annex I to Regulation (EC) No 1334/2008 of the European Parliament and of the Council as regards the flavouring substance 3-acetyl-2,5-dimethylthiophene (
  1
  ) | 15 |
| | * | Commission Implementing Regulation (EU) No 546/2013 of 14 June 2013 approving the active substance eugenol, in accordance with Regulation (EC) No 1107/2009 of the European Parliament and of the Council concerning the placing of plant protection products on the market, and amending the Annex to Commission Implementing Regulation (EU) No 540/2011 (
  1
  ) | 17 |
| | | Commission Implementing Regulation (EU) No 547/2013 of 14 June 2013 establishing the standard import values for determining the entry price of certain fruit and vegetables | 21 |
| | | Commission Implementing Regulation (EU) No 548/2013 of 14 June 2013 fixing the import duties in the cereals sector applicable from 16 June 2013 | 23 |
| | | DECISIONS |
| | | 2013/288/EU |
| | * | Commission Implementing Decision of 13 June 2013 amending Decision 2011/30/EU on the equivalence of certain third country public oversight, quality assurance, investigation and penalty systems for auditors and audit entities and a transitional period for audit activities of certain third country auditors and audit entities in the European Union
  (notified under document C(2013) 3491)

   (
  1
  ) | 26 |
| | | ACTS ADOPTED BY BODIES CREATED BY INTERNATIONAL AGREEMENTS |
| | | 2013/289/EU |
| | * | Decision No 2/2013 of the ACP-EU Committee of Ambassadors of 29 May 2013 appointing members to the Executive Board of the Technical Centre for Agricultural and Rural Cooperation (CTA) | 30 |

Contents

II   Non-legislative acts

page

REGULATIONS

*

Commission Regulation (EU) No 543/2013 of 14 June 2013 on submission and publication of data in electricity markets and amending Annex I to Regulation (EC) No 714/2009 of the European Parliament and of the Council (
  1
  )

1

1

*

Commission Implementing Regulation (EU) No 544/2013 of 14 June 2013 concerning the authorisation of a preparation of Bifidobacterium animalis ssp. animalis DSM 16284, Lactobacillus salivarius ssp. salivarius DSM 16351 and Enterococcus faecium DSM 21913 as a feed additive for chickens for fattening (holder of authorisation Biomin GmbH) (
  1
  )

Bifidobacterium animalis

animalis DSM 16284, Lactobacillus salivarius

salivarius DSM 16351

Enterococcus faecium DSM 21913

1

13

*

Commission Regulation (EU) No 545/2013 of 14 June 2013 amending Annex I to Regulation (EC) No 1334/2008 of the European Parliament and of the Council as regards the flavouring substance 3-acetyl-2,5-dimethylthiophene (
  1
  )

1

15

*

Commission Implementing Regulation (EU) No 546/2013 of 14 June 2013 approving the active substance eugenol, in accordance with Regulation (EC) No 1107/2009 of the European Parliament and of the Council concerning the placing of plant protection products on the market, and amending the Annex to Commission Implementing Regulation (EU) No 540/2011 (
  1
  )

1

17

Commission Implementing Regulation (EU) No 547/2013 of 14 June 2013 establishing the standard import values for determining the entry price of certain fruit and vegetables

21

Commission Implementing Regulation (EU) No 548/2013 of 14 June 2013 fixing the import duties in the cereals sector applicable from 16 June 2013

23

DECISIONS

2013/288/EU

*

Commission Implementing Decision of 13 June 2013 amending Decision 2011/30/EU on the equivalence of certain third country public oversight, quality assurance, investigation and penalty systems for auditors and audit entities and a transitional period for audit activities of certain third country auditors and audit entities in the European Union
  (notified under document C(2013) 3491)

   (
  1
  )

(notified under document C(2013) 3491)

1

26

ACTS ADOPTED BY BODIES CREATED BY INTERNATIONAL AGREEMENTS

2013/289/EU

*

Decision No 2/2013 of the ACP-EU Committee of Ambassadors of 29 May 2013 appointing members to the Executive Board of the Technical Centre for Agricultural and Rural Cooperation (CTA)

30

| | | Corrigenda |
| --- | --- | --- |
| | * | Corrigendum to Council Regulation (EC) No 1098/2007 of 18 September 2007 establishing a multiannual plan for the cod stocks in the Baltic Sea and the fisheries exploiting those stocks, amending Regulation (EEC) No 2847/93 and repealing Regulation (EC) No 779/97 ( OJ L 248, 22.9.2007 ) | 31 |

Corrigenda

*

Corrigendum to Council Regulation (EC) No 1098/2007 of 18 September 2007 establishing a multiannual plan for the cod stocks in the Baltic Sea and the fisheries exploiting those stocks, amending Regulation (EEC) No 2847/93 and repealing Regulation (EC) No 779/97 ( OJ L 248, 22.9.2007 )

( OJ L 248, 22.9.2007 )

31

| | | |
| --- | --- | --- |
| | * | Notice to readers — Council Regulation (EU) No 216/2013 of 7 March 2013 on the electronic publication of the Official Journal of the European Union
  (see page 3 of the cover) | s3 |

*

Notice to readers — Council Regulation (EU) No 216/2013 of 7 March 2013 on the electronic publication of the Official Journal of the European Union
  (see page 3 of the cover)

Notice to readers — Council Regulation (EU) No 216/2013 of 7 March 2013 on the electronic publication of the Official Journal of the European Union

s3

| | |
| --- | --- |
| | (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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II Non-legislative acts

REGULATIONS

| 15.6.2013 | EN | Official Journal of the European Union | L 163/1 |
| --- | --- | --- | --- |

15.6.2013

EN

Official Journal of the European Union

L 163/1

---

COMMISSION REGULATION (EU) No 543/2013

of 14 June 2013

on submission and publication of data in electricity markets and amending Annex I to Regulation (EC) No 714/2009 of the European Parliament and of the Council

(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 714/2009 of the European Parliament and of the Council of 13 July 2009 on conditions for access to the network for cross-border exchanges in electricity and repealing Regulation (EC) No 1228/2003 (1), and in particular Article 18(5) thereof,

Whereas:

| (1) | Regulation (EC) No 714/2009, and in particular Article 15 thereof and point 5 of the Guidelines on the management and allocation of available transfer capacity of interconnections between national systems, set out in Annex I to that Regulation, lays down requirements for Transmission System Operators (TSOs) to publish data on the availability of networks, capacities of cross-border interconnectors and generation, load and network outages. |
| --- | --- |

(1)

Regulation (EC) No 714/2009, and in particular Article 15 thereof and point 5 of the Guidelines on the management and allocation of available transfer capacity of interconnections between national systems, set out in Annex I to that Regulation, lays down requirements for Transmission System Operators (TSOs) to publish data on the availability of networks, capacities of cross-border interconnectors and generation, load and network outages.

| (2) | Article 4(4) of Regulation (EU) No 1227/2011 of the European Parliament and of the Council of 25 October 2011 on wholesale energy market integrity and transparency (2) recognises that publication of inside information in accordance with Regulation (EC) No 714/2009 or guidelines adopted pursuant to it constitute simultaneous, complete and effective public disclosure. |
| --- | --- |

(2)

Article 4(4) of Regulation (EU) No 1227/2011 of the European Parliament and of the Council of 25 October 2011 on wholesale energy market integrity and transparency (2) recognises that publication of inside information in accordance with Regulation (EC) No 714/2009 or guidelines adopted pursuant to it constitute simultaneous, complete and effective public disclosure.

| (3) | The availability of such data is indispensable for market participants’ ability to take efficient production, consumption and trading decisions. Deeper market integration and the rapid development of intermittent renewable energy generation sources such as wind and solar require the disclosure of complete, timely available, high quality and easily digestible information relating to supply and demand fundamentals. |
| --- | --- |

(3)

The availability of such data is indispensable for market participants’ ability to take efficient production, consumption and trading decisions. Deeper market integration and the rapid development of intermittent renewable energy generation sources such as wind and solar require the disclosure of complete, timely available, high quality and easily digestible information relating to supply and demand fundamentals.

| (4) | The timely availability of complete sets of data on fundamentals should also increase the security of energy supplies. It should allow market parties to precisely match supply and demand reducing the risk for black-outs. As a result TSOs should be able to better control their networks and operate them under more predictable and secure conditions. |
| --- | --- |

(4)

The timely availability of complete sets of data on fundamentals should also increase the security of energy supplies. It should allow market parties to precisely match supply and demand reducing the risk for black-outs. As a result TSOs should be able to better control their networks and operate them under more predictable and secure conditions.

| (5) | Current transparency measures do not fully satisfy these criteria. In addition, relevant market information is unevenly distributed among market participants with large incumbent players having exclusive access to information in relation to their own assets putting new market participants or participants without own assets at a disadvantage. |
| --- | --- |

(5)

Current transparency measures do not fully satisfy these criteria. In addition, relevant market information is unevenly distributed among market participants with large incumbent players having exclusive access to information in relation to their own assets putting new market participants or participants without own assets at a disadvantage.

| (6) | Market participants should be provided with timely information on the expected consumption. This information should be regularly updated and be provided for different timeframes. The actual outturn of the expected consumption should also be made available shortly after real time. |
| --- | --- |

(6)

Market participants should be provided with timely information on the expected consumption. This information should be regularly updated and be provided for different timeframes. The actual outturn of the expected consumption should also be made available shortly after real time.

| (7) | The planned and unplanned unavailability of power generation and consumption units is one of the most important supply-demand relevant information for market participants. Market participants and TSOs need to be provided with detailed information on where, when and why units are not or will not be available to generate or consume and when they are expected to return in operation. This should also help TSOs to better reallocate reserves reducing the probability for black-outs. |
| --- | --- |

(7)

The planned and unplanned unavailability of power generation and consumption units is one of the most important supply-demand relevant information for market participants. Market participants and TSOs need to be provided with detailed information on where, when and why units are not or will not be available to generate or consume and when they are expected to return in operation. This should also help TSOs to better reallocate reserves reducing the probability for black-outs.

| (8) | Market participants and TSOs should also receive detailed information about the overall installed generation capacity, estimations about total scheduled generation, including separately for intermittent generation, and unit level data about actual generation of larger production facilities. |
| --- | --- |

(8)

Market participants and TSOs should also receive detailed information about the overall installed generation capacity, estimations about total scheduled generation, including separately for intermittent generation, and unit level data about actual generation of larger production facilities.

| (9) | In order to be able to move power from where it is available to where it is most needed and adjust portfolios accordingly, the market should be provided with information about planned and unplanned unavailability of existing cross-border transmission infrastructure and plans about infrastructure developments. TSOs should also provide and regularly update data on planned and offered cross-border transfer capacities for different time horizons as well as information related to the allocation and use of capacities. |
| --- | --- |

(9)

In order to be able to move power from where it is available to where it is most needed and adjust portfolios accordingly, the market should be provided with information about planned and unplanned unavailability of existing cross-border transmission infrastructure and plans about infrastructure developments. TSOs should also provide and regularly update data on planned and offered cross-border transfer capacities for different time horizons as well as information related to the allocation and use of capacities.

| (10) | Through the rapid deployment of intermittent generation sources away from consumption centres, transmission infrastructure has increasingly got congested in large parts of Europe. To relieve congestions TSOs have increasingly intervened in market operations instructing market participants to change their generation or trading commitments. In order to enable the market to understand where and why congestion management measures have become necessary, TSOs need to provide timely, detailed and reasoned information about their actions. |
| --- | --- |

(10)

Through the rapid deployment of intermittent generation sources away from consumption centres, transmission infrastructure has increasingly got congested in large parts of Europe. To relieve congestions TSOs have increasingly intervened in market operations instructing market participants to change their generation or trading commitments. In order to enable the market to understand where and why congestion management measures have become necessary, TSOs need to provide timely, detailed and reasoned information about their actions.

| (11) | Even after careful planning producers, suppliers and traders may find themselves out of balance and be exposed to TSOs balancing and settlement regime. In order to optimally mitigate imbalance risk market participants need accurate, clear and timely information about balancing markets. TSOs should provide such information in a comparable format across borders including details about the reserves they have contracted, prices paid and volumes activated for balancing purposes. |
| --- | --- |

(11)

Even after careful planning producers, suppliers and traders may find themselves out of balance and be exposed to TSOs balancing and settlement regime. In order to optimally mitigate imbalance risk market participants need accurate, clear and timely information about balancing markets. TSOs should provide such information in a comparable format across borders including details about the reserves they have contracted, prices paid and volumes activated for balancing purposes.

| (12) | TSOs are often the primary source of relevant fundamental information. They are also used to collect and assess large amounts of information for system operation purposes. In order to provide an overall view of relevant information across the Union, TSOs should facilitate the collection, verification and processing of data and the European Network of Transmission System Operators for Electricity (the ENTSO for Electricity) should make the data available to the public through a central information transparency platform. In order to make best use of existing sources of transparency, the ENTSO for Electricity should be able to receive information for publication through third parties such as power exchanges and transparency platforms. |
| --- | --- |

(12)

TSOs are often the primary source of relevant fundamental information. They are also used to collect and assess large amounts of information for system operation purposes. In order to provide an overall view of relevant information across the Union, TSOs should facilitate the collection, verification and processing of data and the European Network of Transmission System Operators for Electricity (the ENTSO for Electricity) should make the data available to the public through a central information transparency platform. In order to make best use of existing sources of transparency, the ENTSO for Electricity should be able to receive information for publication through third parties such as power exchanges and transparency platforms.

| (13) | Annex I to Regulation (EC) No 714/2009 should therefore be amended accordingly. |
| --- | --- |

(13)

Annex I to Regulation (EC) No 714/2009 should therefore be amended accordingly.

| (14) | This Regulation has been adopted on the basis of Regulation (EC) No 714/2009 which it supplements and of which it forms an integral part. References to Regulation (EC) No 714/2009 in other legal acts shall be understood as also referring to this Regulation. |
| --- | --- |

(14)

This Regulation has been adopted on the basis of Regulation (EC) No 714/2009 which it supplements and of which it forms an integral part. References to Regulation (EC) No 714/2009 in other legal acts shall be understood as also referring to this Regulation.

| (15) | The measures provided for in this Regulation are in accordance with the opinion of the Committee referred to in Article 23(1) of Regulation (EC) No 714/2009, |
| --- | --- |

(15)

The measures provided for in this Regulation are in accordance with the opinion of the Committee referred to in Article 23(1) of Regulation (EC) No 714/2009,

HAS ADOPTED THIS REGULATION:

Article 1

Subject matter

This Regulation lays down the minimum common set of data relating to generation, transportation and consumption of electricity to be made available to market participants. It also provides for a central collection and publication of the data.

Article 2

Definitions

For the purposes of this Regulation, the definitions in Article 2 of Regulation (EC) No 714/2009 shall apply. In addition, the following definitions shall apply:

| (1) | ‘balancing reserves’ mean all resources, if procured ex ante or in real time, or according to legal obligations, which are available to the TSO for balancing purposes; |
| --- | --- |

(1)

‘balancing reserves’ mean all resources, if procured ex ante or in real time, or according to legal obligations, which are available to the TSO for balancing purposes;

ex ante

| (2) | ‘balancing time unit’ means the time period for which the price for balancing reserves is established; |
| --- | --- |

(2)

‘balancing time unit’ means the time period for which the price for balancing reserves is established;

| (3) | ‘bidding zone’ means the largest geographical area within which market participants are able to exchange energy without capacity allocation; |
| --- | --- |

(3)

‘bidding zone’ means the largest geographical area within which market participants are able to exchange energy without capacity allocation;

| (4) | ‘capacity allocation’ means the attribution of cross zonal capacity; |
| --- | --- |

(4)

‘capacity allocation’ means the attribution of cross zonal capacity;

| (5) | ‘consumption unit’ means a resource which receives electrical energy for its own use, excluding TSOs and Distribution Systems Operators (DSOs); |
| --- | --- |

(5)

‘consumption unit’ means a resource which receives electrical energy for its own use, excluding TSOs and Distribution Systems Operators (DSOs);

| (6) | ‘control area’ means a coherent part of the interconnected system, operated by a single system operator and shall include connected physical loads and/or generation units if any; |
| --- | --- |

(6)

‘control area’ means a coherent part of the interconnected system, operated by a single system operator and shall include connected physical loads and/or generation units if any;

| (7) | ‘coordinated net transmission capacity’ means a capacity calculation method based on the principle of assessing and defining ex ante a maximum energy exchange between adjacent bidding zones; |
| --- | --- |

(7)

‘coordinated net transmission capacity’ means a capacity calculation method based on the principle of assessing and defining ex ante a maximum energy exchange between adjacent bidding zones;

ex ante

| (8) | ‘critical network element’ means a network element either within a bidding zone or between bidding zones taken into account in the capacity calculation process, limiting the amount of power that can be exchanged; |
| --- | --- |

(8)

‘critical network element’ means a network element either within a bidding zone or between bidding zones taken into account in the capacity calculation process, limiting the amount of power that can be exchanged;

| (9) | ‘cross-control area balancing’ means a balancing scheme where a TSO can receive bids for activation coming from other TSOs’ areas. It does not include re-dispatching or the delivery of emergency energy; |
| --- | --- |

(9)

‘cross-control area balancing’ means a balancing scheme where a TSO can receive bids for activation coming from other TSOs’ areas. It does not include re-dispatching or the delivery of emergency energy;

| (10) | ‘cross zonal capacity’ means the capability of the interconnected system to accommodate energy transfer between bidding zones; |
| --- | --- |

(10)

‘cross zonal capacity’ means the capability of the interconnected system to accommodate energy transfer between bidding zones;

| (11) | ‘currency’ is euro if at least one part of the bidding zone(s) concerned is part of a country in which euro is a legal tender. In any other case it is the local currency; |
| --- | --- |

(11)

‘currency’ is euro if at least one part of the bidding zone(s) concerned is part of a country in which euro is a legal tender. In any other case it is the local currency;

| (12) | ‘cut-off time’ means the point in time where TSOs have to confirm all matched nominations to the market. The cut-off time refers not only to daily or intra daily markets but also to the different markets that cover imbalance adjustments and reserve allocation; |
| --- | --- |

(12)

‘cut-off time’ means the point in time where TSOs have to confirm all matched nominations to the market. The cut-off time refers not only to daily or intra daily markets but also to the different markets that cover imbalance adjustments and reserve allocation;

| (13) | ‘countertrading’ means a cross zonal exchange initiated by system operators between two bidding zones to relieve physical congestion; |
| --- | --- |

(13)

‘countertrading’ means a cross zonal exchange initiated by system operators between two bidding zones to relieve physical congestion;

| (14) | ‘data provider’ means the entity that is sending the data to the central information transparency platform; |
| --- | --- |

(14)

‘data provider’ means the entity that is sending the data to the central information transparency platform;

| (15) | ‘explicit allocation’ means the allocation of cross zonal capacity only, without the energy transfer; |
| --- | --- |

(15)

‘explicit allocation’ means the allocation of cross zonal capacity only, without the energy transfer;

| (16) | ‘flow based parameters’ mean the available margins on critical network elements with associated power transfer distribution factors; |
| --- | --- |

(16)

‘flow based parameters’ mean the available margins on critical network elements with associated power transfer distribution factors;

| (17) | ‘generation unit’ means a single electricity generator belonging to a production unit; |
| --- | --- |

(17)

‘generation unit’ means a single electricity generator belonging to a production unit;

| (18) | ‘implicit allocation’ means a congestion management method in which energy is obtained at the same time as cross zonal capacity; |
| --- | --- |

(18)

‘implicit allocation’ means a congestion management method in which energy is obtained at the same time as cross zonal capacity;

| (19) | ‘market time unit’ means the period for which the market price is established or the shortest possible common time period for the two bidding zones, if their market time units are different; |
| --- | --- |

(19)

‘market time unit’ means the period for which the market price is established or the shortest possible common time period for the two bidding zones, if their market time units are different;

| (20) | ‘offered capacity’ means the cross zonal capacity offered by the transmission capacity allocator to the market; |
| --- | --- |

(20)

‘offered capacity’ means the cross zonal capacity offered by the transmission capacity allocator to the market;

| (21) | ‘planned’ means an event known ex ante by the primary owner of the data; |
| --- | --- |

(21)

‘planned’ means an event known ex ante by the primary owner of the data;

ex ante

| (22) | ‘power transfer distribution factor’ means a representation of the physical flow on a critical network element induced by the variation of the net position of a bidding zone; |
| --- | --- |

(22)

‘power transfer distribution factor’ means a representation of the physical flow on a critical network element induced by the variation of the net position of a bidding zone;

| (23) | ‘primary owner of the data’ means the entity which creates the data; |
| --- | --- |

(23)

‘primary owner of the data’ means the entity which creates the data;

| (24) | ‘production unit’ means a facility for generation of electricity made up of a single generation unit or of an aggregation of generation units; |
| --- | --- |

(24)

‘production unit’ means a facility for generation of electricity made up of a single generation unit or of an aggregation of generation units;

| (25) | ‘profile’ means a geographical boundary between one bidding zone and several neighbouring bidding zones; |
| --- | --- |

(25)

‘profile’ means a geographical boundary between one bidding zone and several neighbouring bidding zones;

| (26) | ‘redispatching’ means a measure activated by one or several system operators by altering the generation and/or load pattern in order to change physical flows in the transmission system and relieve a physical congestion; |
| --- | --- |

(26)

‘redispatching’ means a measure activated by one or several system operators by altering the generation and/or load pattern in order to change physical flows in the transmission system and relieve a physical congestion;

| (27) | ‘total load’, including losses without power used for energy storage, means a load equal to generation and any imports deducting any exports and power used for energy storage; |
| --- | --- |

(27)

‘total load’, including losses without power used for energy storage, means a load equal to generation and any imports deducting any exports and power used for energy storage;

| (28) | ‘transmission capacity allocator’ means the entity empowered by TSOs to manage the allocation of cross zonal capacities; |
| --- | --- |

(28)

‘transmission capacity allocator’ means the entity empowered by TSOs to manage the allocation of cross zonal capacities;

| (29) | ‘vertical load’ means the total amount of power flowing out of the transmission network to the distribution networks, to directly connected final customers or to the consuming part of generation; |
| --- | --- |

(29)

‘vertical load’ means the total amount of power flowing out of the transmission network to the distribution networks, to directly connected final customers or to the consuming part of generation;

| (30) | ‘year-ahead forecast margin’ means the difference between the yearly forecast of available generation capacity and the yearly forecast of maximum total load taking into account the forecast of total generation capacity, the forecast of availability of generation and the forecast of reserves contracted for system services; |
| --- | --- |

(30)

‘year-ahead forecast margin’ means the difference between the yearly forecast of available generation capacity and the yearly forecast of maximum total load taking into account the forecast of total generation capacity, the forecast of availability of generation and the forecast of reserves contracted for system services;

| (31) | ‘time’ means the local time in Brussels. |
| --- | --- |

(31)

‘time’ means the local time in Brussels.

Article 3

Establishment of a central information transparency platform

1.   A central information transparency platform shall be established and operated in an efficient and cost effective manner within the European Network of Transmission System Operators for Electricity (the ‘ENTSO for Electricity’). The ENTSO for Electricity shall publish on the central information transparency platform all data which TSOs are required to submit to the ENTSO for Electricity in accordance with this Regulation.

The central information transparency platform shall be available to the public free of charge through the internet and shall be available at least in English.

The data shall be up to date, easily accessible, downloadable and available for at least five years. Data updates shall be time-stamped, archived and made available to the public.

2.   The ENTSO for Electricity shall submit a proposal concerning the operation of the central information transparency platform and the associated costs to the Agency for the Cooperation of Energy Regulators (the Agency) four months after entry into force of this Regulation. The Agency shall provide its opinion within three months from the date of submission of the proposal.

3.   The ENTSO for Electricity shall ensure that the central information transparency platform is operational 18 months after the entry into force of this Regulation.

Article 4

Submission and publication of data

1.   Primary owners of data shall submit data to TSOs in accordance with Articles 6 to 17. They shall ensure that the data they provide to TSOs, or where provided for in accordance with paragraph 2 to data providers, are complete, of the required quality and provided in a manner that allows TSOs or data providers to process and deliver the data to the ENTSO for Electricity in sufficient time to allow the ENTSO for Electricity to meet its obligations under this Regulation in relation to the timing of the publication of information.

TSOs, and where relevant data providers, shall process the data they receive and provide them to the ENTSO for Electricity in due time for publication.

2.   Primary owners of data may fulfil their obligation laid down in paragraph 1 by submitting data directly to the central information transparency platform provided they use a third party acting as data provider on their behalf. This way of submitting data shall be subject to the prior agreement of the TSO in whose control area the primary owner is located. When providing its agreement the TSO shall assess whether the data provider fulfils the requirements referred to in points (b) and (c) of Article 5, first subparagraph.

3.   TSOs shall be considered as primary owners of data for the purposes of Articles 6 to 17, except when stated otherwise.

4.   In case a bidding zone consists of several control areas in different Member States, the ENTSO for Electricity shall publish the data referred to in paragraph 1 separately for the concerned Member States.

5.   Without prejudice to the obligations of the TSOs and of the ENTSO for Electricity laid down in paragraph 1 and Article 3, data can also be published on TSOs’ or other parties’ websites.

6.   National regulatory authorities shall ensure that the primary owners of the data, TSOs and data providers comply with their obligations under this Regulation.

Article 5

Manual of procedures

The ENTSO for Electricity shall develop a manual specifying:

| (a) | details and format of the submission of data laid down in Article 4(1); |
| --- | --- |

(a)

details and format of the submission of data laid down in Article 4(1);

| (b) | standardised ways and formats of data communication and exchange between primary owners of data, TSOs, data providers and the ENTSO for Electricity; |
| --- | --- |

(b)

standardised ways and formats of data communication and exchange between primary owners of data, TSOs, data providers and the ENTSO for Electricity;

| (c) | technical and operational criteria which data providers would need to fulfil when providing data to the central information transparency platform; |
| --- | --- |

(c)

technical and operational criteria which data providers would need to fulfil when providing data to the central information transparency platform;

| (d) | appropriate classification of production types referred to in Articles 14(1), 15(1) and 16(1). |
| --- | --- |

(d)

appropriate classification of production types referred to in Articles 14(1), 15(1) and 16(1).

The ENTSO for Electricity shall develop the manual following open and transparent consultation with stakeholders.

The ENTSO for Electricity shall make the manual available to the public.

The ENTSO for Electricity shall update the manual when necessary. Before publishing or updating the manual, the ENTSO for Electricity shall submit a draft to the Agency for its opinion, which the Agency shall provide within two months. The draft of the first release shall be submitted to the Agency within four month after the entry into force of this Regulation.

Article 6

Information on total load

1.   For their control areas, TSOs shall calculate and submit the following data to the ENTSO for Electricity for each bidding zone:

| (a) | the total load per market time unit; |
| --- | --- |

(a)

the total load per market time unit;

| (b) | a day-ahead forecast of the total load per market time unit; |
| --- | --- |

(b)

a day-ahead forecast of the total load per market time unit;

| (c) | a week-ahead forecast of the total load for every day of the following week, which shall for each day include a maximum and a minimum load value; |
| --- | --- |

(c)

a week-ahead forecast of the total load for every day of the following week, which shall for each day include a maximum and a minimum load value;

| (d) | a month-ahead forecast of the total load for every week of the following month, which shall include, for a given week, a maximum and a minimum load value; |
| --- | --- |

(d)

a month-ahead forecast of the total load for every week of the following month, which shall include, for a given week, a maximum and a minimum load value;

| (e) | a year-ahead forecast of the total load for every week of the following year, which shall for a given week include a maximum and a minimum load value. |
| --- | --- |

(e)

a year-ahead forecast of the total load for every week of the following year, which shall for a given week include a maximum and a minimum load value.

2.   The information referred to:

| (a) | in point (a) of paragraph 1 shall be published no later than one hour after the operating period; |
| --- | --- |

(a)

in point (a) of paragraph 1 shall be published no later than one hour after the operating period;

| (b) | in point (b) of paragraph 1 shall be published no later than two hours before the gate closure of the day-ahead market in the bidding zone and be updated when significant changes occur; |
| --- | --- |

(b)

in point (b) of paragraph 1 shall be published no later than two hours before the gate closure of the day-ahead market in the bidding zone and be updated when significant changes occur;

| (c) | in point (c) of paragraph 1 shall be published each Friday no later than two hours before the gate closure of the day-ahead market in the bidding zone and be updated when significant changes occur; |
| --- | --- |

(c)

in point (c) of paragraph 1 shall be published each Friday no later than two hours before the gate closure of the day-ahead market in the bidding zone and be updated when significant changes occur;

| (d) | in point (d) of paragraph 1 shall be published no later than one week before the delivery month and be updated when significant changes occur; |
| --- | --- |

(d)

in point (d) of paragraph 1 shall be published no later than one week before the delivery month and be updated when significant changes occur;

| (e) | in point (e) of paragraph 1 shall be published no later than the 15th calendar day of the month before the year to which the data relates. |
| --- | --- |

(e)

in point (e) of paragraph 1 shall be published no later than the 15th calendar day of the month before the year to which the data relates.

3.   Generation units located within a TSO’s control area shall provide that TSO with all the relevant information required to calculate the data referred to in point (a) of paragraph 1.

Generation units shall be considered as primary owners of the relevant information they provide.

4.   Distribution system operators (DSO), located within a TSO’s control area shall provide that TSO with all the relevant information required to calculate the data referred to in points (b) to (e) of paragraph 1.

DSOs shall be considered as primary owners of the relevant information they provide.

Article 7

Information relating to the unavailability of consumption units

1.   For their control areas, TSOs shall provide the following information to the ENTSO for Electricity:

| (a) | the planned unavailability of 100 MW or more of a consumption unit, including changes of 100 MW or more in the planned unavailability of consumption units, lasting at least one market time unit, specifying:






  — | bidding zone, |
| --- | --- | --- |

(a)

the planned unavailability of 100 MW or more of a consumption unit, including changes of 100 MW or more in the planned unavailability of consumption units, lasting at least one market time unit, specifying:

—

bidding zone,

| — | available capacity per market time unit during the event, |
| --- | --- |

—

available capacity per market time unit during the event,

| — | reason for the unavailability, |
| --- | --- |

—

reason for the unavailability,

| — | the estimated start and end date (day, hour) of the change in availability; |
| --- | --- |

—

the estimated start and end date (day, hour) of the change in availability;

| (b) | changes in actual availability of a consumption unit with a power rating of 100 MW or more, specifying:






  — | bidding zone, |
| --- | --- | --- |

(b)

changes in actual availability of a consumption unit with a power rating of 100 MW or more, specifying:

—

bidding zone,

| — | available capacity per market time unit during the event, |
| --- | --- |

—

available capacity per market time unit during the event,

| — | reason for the unavailability, |
| --- | --- |

—

reason for the unavailability,

| — | the start date and the estimated end date (day, hour) of the change in availability. |
| --- | --- |

—

the start date and the estimated end date (day, hour) of the change in availability.

2.   The information laid down in point (a) of paragraph 1 shall be published in aggregated form per bidding zone indicating the sum of unavailable consumption capacity per market time unit during a given period as soon as possible but no later than one hour after the decision regarding the planned unavailability is made.

The information laid down point (b) of paragraph 1 shall be published in aggregated form per bidding zone indicating the sum of unavailable consumption capacity per market time unit during a given period as soon as possible but no later than one hour after the change in actual availability.

3.   Consumption units located in a TSO’s control area shall calculate and submit the data laid down in paragraph 1 to that TSO.

The consumption units shall be considered as primary owner of the data they submit.

Article 8

Year-ahead forecast margin

1.   For their control areas, TSOs shall calculate and provide for each bidding zone the year-ahead forecast margin evaluated at the local market time unit to the ENTSO for Electricity.

The information shall be published one week before the yearly capacity allocation but no later than the 15th calendar day of the month before the year to which the data relates.

2.   Generation units and DSOs, located within a TSO’s control area shall provide that TSO with any relevant information required to calculate the data referred to in paragraph 1.

Generation units and DSOs shall be considered as primary owners of the data they submit.

Article 9

Transmission infrastructure

TSOs shall establish and provide information on future changes to network elements and interconnector projects including expansion or dismantling in their transmission grids within the next three years, to the ENTSO for Electricity. This information shall only be given for measures expected to have an impact of at least 100 MW on cross zonal capacity between bidding zones or on profiles at least during one market time unit. The information shall include:

| (a) | the identification of the assets concerned; |
| --- | --- |

(a)

the identification of the assets concerned;

| (b) | the location; |
| --- | --- |

(b)

the location;

| (c) | type of asset; |
| --- | --- |

(c)

type of asset;

| (d) | the impact on interconnection capacity per direction between the bidding zones; |
| --- | --- |

(d)

the impact on interconnection capacity per direction between the bidding zones;

| (e) | the estimated date of completion. |
| --- | --- |

(e)

the estimated date of completion.

The information shall be published one week before the yearly capacity allocation but no later than the 15th calendar day of the month before the year to which the allocation relates. The information shall be updated with relevant changes before the end of March, the end of June and the end of September of the year to which the allocation relates.

Article 10

Information relating to the unavailability of transmission infrastructure

1.   For their control areas TSOs shall calculate and provide to the ENTSO for Electricity:

| (a) | the planned unavailability, including changes in the planned unavailability of interconnections and in the transmission grid that reduce cross zonal capacities between bidding zones by 100 MW or more during at least one market time unit, specifying:






  — | the identification of the assets concerned, |
| --- | --- | --- |

(a)

the planned unavailability, including changes in the planned unavailability of interconnections and in the transmission grid that reduce cross zonal capacities between bidding zones by 100 MW or more during at least one market time unit, specifying:

—

the identification of the assets concerned,

| — | the location, |
| --- | --- |

—

the location,

| — | the type of asset, |
| --- | --- |

—

the type of asset,

| — | the estimated impact on cross zonal capacity per direction between bidding zones, |
| --- | --- |

—

the estimated impact on cross zonal capacity per direction between bidding zones,

| — | reasons for the unavailability, |
| --- | --- |

—

reasons for the unavailability,

| — | the estimated start and end date (day, hour) of the change in availability; |
| --- | --- |

—

the estimated start and end date (day, hour) of the change in availability;

| (b) | changes in the actual availability of interconnections and in the transmission grid that reduce cross zonal capacities between bidding zones by 100 MW or more during at least one market time unit, specifying:






  — | the identification of the assets concerned, |
| --- | --- | --- |

(b)

changes in the actual availability of interconnections and in the transmission grid that reduce cross zonal capacities between bidding zones by 100 MW or more during at least one market time unit, specifying:

—

the identification of the assets concerned,

| — | the location, |
| --- | --- |

—

the location,

| — | the type of asset, |
| --- | --- |

—

the type of asset,

| — | the estimated impact on cross zonal capacity per direction between bidding zones, |
| --- | --- |

—

the estimated impact on cross zonal capacity per direction between bidding zones,

| — | reasons for the unavailability, |
| --- | --- |

—

reasons for the unavailability,

| — | the start and estimated end date (day, hour) of the change in availability; |
| --- | --- |

—

the start and estimated end date (day, hour) of the change in availability;

| (c) | changes in the actual availability of off-shore grid infrastructure that reduce wind power feed-in by 100 MW or more during at least one market time unit, specifying:






  — | the identification of the assets concerned, |
| --- | --- | --- |

(c)

changes in the actual availability of off-shore grid infrastructure that reduce wind power feed-in by 100 MW or more during at least one market time unit, specifying:

—

the identification of the assets concerned,

| — | the location, |
| --- | --- |

—

the location,

| — | the type of asset, |
| --- | --- |

—

the type of asset,

| — | the installed wind power generation capacity (MW) connected to the asset, |
| --- | --- |

—

the installed wind power generation capacity (MW) connected to the asset,

| — | wind power fed in (MW) at the time of the change in the availability, |
| --- | --- |

—

wind power fed in (MW) at the time of the change in the availability,

| — | reasons for the unavailability, |
| --- | --- |

—

reasons for the unavailability,

| — | the start and estimated end date (day, hour) of the change in availability. |
| --- | --- |

—

the start and estimated end date (day, hour) of the change in availability.

2.   The information laid down in point (a) of paragraph 1 shall be published as soon as possible, but no later than one hour after the decision regarding the planned unavailability is made.

3.   The information laid down in points (b) and (c) of paragraph 1 shall be published as soon as possible but no later than one hour after the change in actual availability.

4.   For the information laid down in points (a) and (b) of paragraph 1 TSOs may choose not to identify the asset concerned and specify its location if it is classified as sensitive critical infrastructure protection related information in their Member States as provided for in point (d) of Article 2 of Council Directive 2008/114/EC (3). This is without prejudice to their other obligations laid down in paragraph 1 of this Article.

Article 11

Information relating to the estimation and offer of cross zonal capacities

1.   For their control areas TSOs or, if applicable, transmission capacity allocators, shall calculate and provide the following information to the ENTSO for Electricity sufficiently in advance of the allocation process:

| (a) | the forecasted and offered capacity (MW) per direction between bidding zones in case of coordinated net transmission capacity based capacity allocation; or |
| --- | --- |

(a)

the forecasted and offered capacity (MW) per direction between bidding zones in case of coordinated net transmission capacity based capacity allocation; or

| (b) | the relevant flow based parameters in case of flow based capacity allocation. |
| --- | --- |

(b)

the relevant flow based parameters in case of flow based capacity allocation.

TSOs or, if applicable, transmission capacity allocators shall be considered as the primary owners of the information they calculate and provide.

2.   The information laid down in paragraph 1(a) shall be published as set out in the Annex.

3.   In relation to direct current links, TSOs shall provide updated information on any restrictions placed on the use of available cross-border capacity including through the application of ramping restrictions or intraday transfer limits not later than one hour after the information is known to the ENTSO for Electricity.

Operators of direct current links shall be considered as primary owners of the updated information they provide.

4.   TSOs or, if applicable, transmission capacity allocators, shall provide a yearly report to the ENTSO for Electricity indicating:

| (a) | the main critical network elements limiting the offered capacity; |
| --- | --- |

(a)

the main critical network elements limiting the offered capacity;

| (b) | the control area(s) which the critical network elements belong to; |
| --- | --- |

(b)

the control area(s) which the critical network elements belong to;

| (c) | the extent to which relieving the critical network elements would increase the offered capacity; |
| --- | --- |

(c)

the extent to which relieving the critical network elements would increase the offered capacity;

| (d) | all possible measures that could be implemented to increase the offered capacity, together with their estimated costs. |
| --- | --- |

(d)

all possible measures that could be implemented to increase the offered capacity, together with their estimated costs.

When preparing the report TSOs may choose not to identify the asset concerned and specify its location if it is classified as sensitive critical infrastructure protection related information in their Member States as provided for in point (d) of Article 2 of Directive 2008/114/EC.

TSOs or, if applicable, transmission capacity allocators shall be considered as primary owners of the report they provide.

Article 12

Information relating to the use of cross zonal capacities

1.   For their control areas TSOs shall calculate and provide the following information to the ENTSO for Electricity:

| (a) | in case of explicit allocations, for every market time unit and per direction between bidding zones:






  — | the capacity (MW) requested by the market, |
| --- | --- | --- |

(a)

in case of explicit allocations, for every market time unit and per direction between bidding zones:

—

the capacity (MW) requested by the market,

| — | capacity (MW) allocated to the market, |
| --- | --- |

—

capacity (MW) allocated to the market,

| — | the price of the capacity (Currency/MW), |
| --- | --- |

—

the price of the capacity (Currency/MW),

| — | the auction revenue (in Currency) per border between bidding zones; |
| --- | --- |

—

the auction revenue (in Currency) per border between bidding zones;

| (b) | for every market time unit and per direction between bidding zones the total capacity nominated; |
| --- | --- |

(b)

for every market time unit and per direction between bidding zones the total capacity nominated;

| (c) | prior to each capacity allocation the total capacity already allocated through previous allocation procedures per market time unit and per direction; |
| --- | --- |

(c)

prior to each capacity allocation the total capacity already allocated through previous allocation procedures per market time unit and per direction;

| (d) | for every market time unit the day-ahead prices in each bidding zone (Currency/MWh); |
| --- | --- |

(d)

for every market time unit the day-ahead prices in each bidding zone (Currency/MWh);

| (e) | in case of implicit allocations, for every market time unit the net positions of each bidding zone (MW) and the congestion income (in Currency) per border between bidding zones; |
| --- | --- |

(e)

in case of implicit allocations, for every market time unit the net positions of each bidding zone (MW) and the congestion income (in Currency) per border between bidding zones;

| (f) | scheduled day-ahead commercial exchanges in aggregated form between bidding zones per direction and market time unit; |
| --- | --- |

(f)

scheduled day-ahead commercial exchanges in aggregated form between bidding zones per direction and market time unit;

| (g) | physical flows between bidding zones per market time unit; |
| --- | --- |

(g)

physical flows between bidding zones per market time unit;

| (h) | cross zonal capacities allocated between bidding zones in Member States and third countries per direction, per allocated product and period. |
| --- | --- |

(h)

cross zonal capacities allocated between bidding zones in Member States and third countries per direction, per allocated product and period.

2.   The information laid down:

| (a) | in points (a) and (e) of paragraph 1 shall be published no later than one hour after each capacity allocation; |
| --- | --- |

(a)

in points (a) and (e) of paragraph 1 shall be published no later than one hour after each capacity allocation;

| (b) | in point (b) of paragraph 1 shall be published no later than one hour after each round of nomination; |
| --- | --- |

(b)

in point (b) of paragraph 1 shall be published no later than one hour after each round of nomination;

| (c) | in point (c) of paragraph 1 shall be published at the latest when publication of offered capacity figures become due as set out in the Annex; |
| --- | --- |

(c)

in point (c) of paragraph 1 shall be published at the latest when publication of offered capacity figures become due as set out in the Annex;

| (d) | in point (d) of paragraph 1 shall be published no later than one hour after gate closure; |
| --- | --- |

(d)

in point (d) of paragraph 1 shall be published no later than one hour after gate closure;

| (e) | in point (f) of paragraph 1 shall be published every day no later than one hour after the last cut-off time and, if applicable, shall be updated no later than two hours after each intra-day nomination process; |
| --- | --- |

(e)

in point (f) of paragraph 1 shall be published every day no later than one hour after the last cut-off time and, if applicable, shall be updated no later than two hours after each intra-day nomination process;

| (f) | in point (g) of paragraph 1 shall be published for each market time unit as closely as possible to real time but no later than one hour after the operational period; |
| --- | --- |

(f)

in point (g) of paragraph 1 shall be published for each market time unit as closely as possible to real time but no later than one hour after the operational period;

| (g) | in point (h) of paragraph 1 shall be published no later than one hour after the allocation. |
| --- | --- |

(g)

in point (h) of paragraph 1 shall be published no later than one hour after the allocation.

3.   Transmission capacity allocators, or where applicable power exchanges, shall provide the TSOs with all the relevant information required to calculate the data laid down in paragraph 1.

Transmission capacity allocators shall be considered as primary owners of the information they provide.

Power exchanges shall be considered primary owners of the information they provide.

Article 13

Information relating to congestion management measures

1.   For their control areas TSOs shall provide the following information to the ENTSO for Electricity:

| (a) | information relating to redispatching per market time unit, specifying:






  — | the action taken (that is to say production increase or decrease, load increase or decrease), |
| --- | --- | --- |

(a)

information relating to redispatching per market time unit, specifying:

—

the action taken (that is to say production increase or decrease, load increase or decrease),

| — | the identification, location and type of network elements concerned by the action, |
| --- | --- |

—

the identification, location and type of network elements concerned by the action,

| — | the reason for the action, |
| --- | --- |

—

the reason for the action,

| — | capacity affected by the action taken (MW); |
| --- | --- |

—

capacity affected by the action taken (MW);

| (b) | information relating to countertrading per market time unit, specifying:






  — | the action taken (that is to say cross-zonal exchange increase or decrease), |
| --- | --- | --- |

(b)

information relating to countertrading per market time unit, specifying:

—

the action taken (that is to say cross-zonal exchange increase or decrease),

| — | the bidding zones concerned, |
| --- | --- |

—

the bidding zones concerned,

| — | the reason for the action, |
| --- | --- |

—

the reason for the action,

| — | change in cross-zonal exchange (MW); |
| --- | --- |

—

change in cross-zonal exchange (MW);

| (c) | the costs incurred in a given month from actions referred to in points (a) and (b) and from any other remedial action. |
| --- | --- |

(c)

the costs incurred in a given month from actions referred to in points (a) and (b) and from any other remedial action.

2.   The information laid down:

| (a) | in points (a) and (b) of paragraph 1 shall be published as soon as possible but no later than one hour after the operating period, except for the reasons which shall be published as soon as possible but not later than one day after the operating period; |
| --- | --- |

(a)

in points (a) and (b) of paragraph 1 shall be published as soon as possible but no later than one hour after the operating period, except for the reasons which shall be published as soon as possible but not later than one day after the operating period;

| (b) | in point (c) of paragraph 1 shall be published no later than one month after the end of the referred month. |
| --- | --- |

(b)

in point (c) of paragraph 1 shall be published no later than one month after the end of the referred month.

Article 14

Forecast generation

1.   For their control areas, TSOs shall calculate and provide the following information to the ENTSO for Electricity:

| (a) | the sum of generation capacity (MW) installed for all existing production units equalling to or exceeding 1 MW installed generation capacity, per production type; |
| --- | --- |

(a)

the sum of generation capacity (MW) installed for all existing production units equalling to or exceeding 1 MW installed generation capacity, per production type;

| (b) | information about production units (existing and planned) with an installed generation capacity equalling to or exceeding 100 MW. The information shall contain:






  — | the unit name, |
| --- | --- | --- |

(b)

information about production units (existing and planned) with an installed generation capacity equalling to or exceeding 100 MW. The information shall contain:

—

the unit name,

| — | the installed generation capacity (MW), |
| --- | --- |

—

the installed generation capacity (MW),

| — | the location, |
| --- | --- |

—

the location,

| — | the voltage connection level, |
| --- | --- |

—

the voltage connection level,

| — | the bidding zone, |
| --- | --- |

—

the bidding zone,

| — | the production type; |
| --- | --- |

—

the production type;

| (c) | an estimate of the total scheduled generation (MW) per bidding zone, per each market time unit of the following day; |
| --- | --- |

(c)

an estimate of the total scheduled generation (MW) per bidding zone, per each market time unit of the following day;

| (d) | a forecast of wind and solar power generation (MW) per bidding zone, per each market time unit of the following day. |
| --- | --- |

(d)

a forecast of wind and solar power generation (MW) per bidding zone, per each market time unit of the following day.

2.   The information laid down:

| (a) | in point (a) of paragraph 1 shall be published annually no later than one week before the end of the year; |
| --- | --- |

(a)

in point (a) of paragraph 1 shall be published annually no later than one week before the end of the year;

| (b) | in point (b) of paragraph 1 shall be published annually for the three following years no later than one week before the beginning of the first year to which the data relates; |
| --- | --- |

(b)

in point (b) of paragraph 1 shall be published annually for the three following years no later than one week before the beginning of the first year to which the data relates;

| (c) | in point (c) of paragraph 1 shall be published no later than 18.00 Brussels time, one day before actual delivery takes place; |
| --- | --- |

(c)

in point (c) of paragraph 1 shall be published no later than 18.00 Brussels time, one day before actual delivery takes place;

| (d) | in point (d) of paragraph 1 shall be published no later than 18.00 Brussels time, one day before actual delivery takes place. The information shall be regularly updated and published during intra-day trading with at least one update to be published at 8.00 Brussels time on the day of actual delivery. The information shall be provided for all bidding zones only in Member States with more than 1 % feed-in of wind or solar power generation per year or for bidding zones with more than 5 % feed-in of wind or solar power generation per year. |
| --- | --- |

(d)

in point (d) of paragraph 1 shall be published no later than 18.00 Brussels time, one day before actual delivery takes place. The information shall be regularly updated and published during intra-day trading with at least one update to be published at 8.00 Brussels time on the day of actual delivery. The information shall be provided for all bidding zones only in Member States with more than 1 % feed-in of wind or solar power generation per year or for bidding zones with more than 5 % feed-in of wind or solar power generation per year.

3.   Production units located in a TSO’s control area shall provide that TSO with all the relevant information required to calculate the data laid down in paragraph 1.

Production units shall be considered as primary owners of the relevant information they provide.

Article 15

Information relating to the unavailability of generation and production units

1.   For their control areas, TSOs shall provide the following information to the ENTSO for Electricity:

| (a) | the planned unavailability of 100 MW or more of a generation unit including changes of 100 MW or more in the planned unavailability of that generation unit, expected to last for at least one market time unit up to three years ahead, specifying:






  — | the name of the production unit, |
| --- | --- | --- |

(a)

the planned unavailability of 100 MW or more of a generation unit including changes of 100 MW or more in the planned unavailability of that generation unit, expected to last for at least one market time unit up to three years ahead, specifying:

—

the name of the production unit,

| — | the name of the generation unit, |
| --- | --- |

—

the name of the generation unit,

| — | location, |
| --- | --- |

—

location,

| — | bidding zone, |
| --- | --- |

—

bidding zone,

| — | installed generation capacity (MW), |
| --- | --- |

—

installed generation capacity (MW),

| — | the production type, |
| --- | --- |

—

the production type,

| — | available capacity during the event, |
| --- | --- |

—

available capacity during the event,

| — | reason for the unavailability, |
| --- | --- |

—

reason for the unavailability,

| — | start date and estimated end date (day, hour) of the change in availability; |
| --- | --- |

—

start date and estimated end date (day, hour) of the change in availability;

| (b) | changes of 100 MW or more in actual availability of a generation unit, expected to last for at least one market time unit, specifying:






  — | the name of the production unit, |
| --- | --- | --- |

(b)

changes of 100 MW or more in actual availability of a generation unit, expected to last for at least one market time unit, specifying:

—

the name of the production unit,

| — | the name of the generation unit, |
| --- | --- |

—

the name of the generation unit,

| — | location, |
| --- | --- |

—

location,

| — | bidding zone, |
| --- | --- |

—

bidding zone,

| — | installed generation capacity (MW), |
| --- | --- |

—

installed generation capacity (MW),

| — | the production type, |
| --- | --- |

—

the production type,

| — | available capacity during the event, |
| --- | --- |

—

available capacity during the event,

| — | reason for the unavailability, and |
| --- | --- |

—

reason for the unavailability, and

| — | start date and estimated end date (day, hour) of the change in availability; |
| --- | --- |

—

start date and estimated end date (day, hour) of the change in availability;

| (c) | the planned unavailability of a production unit of 200 MW or more including changes of 100 MW or more in the planned unavailability of that production unit, but not published in accordance with subparagraph (a), expected to last for at least one market time unit up to three years ahead, specifying:






  — | the name of the production unit, |
| --- | --- | --- |

(c)

the planned unavailability of a production unit of 200 MW or more including changes of 100 MW or more in the planned unavailability of that production unit, but not published in accordance with subparagraph (a), expected to last for at least one market time unit up to three years ahead, specifying:

—

the name of the production unit,

| — | location, |
| --- | --- |

—

location,

| — | bidding zone, |
| --- | --- |

—

bidding zone,

| — | installed generation capacity (MW), |
| --- | --- |

—

installed generation capacity (MW),

| — | the production type, |
| --- | --- |

—

the production type,

| — | available capacity during the event, |
| --- | --- |

—

available capacity during the event,

| — | reason for the unavailability, |
| --- | --- |

—

reason for the unavailability,

| — | start date and estimated end date (day, hour) of the change in availability; |
| --- | --- |

—

start date and estimated end date (day, hour) of the change in availability;

| (d) | changes of 100 MW or more in actual availability of a production unit with an installed generation capacity of 200 MW or more, but not published in accordance with subparagraph (b), expected to last for at least one market time unit, specifying:






  — | the name of the production unit, |
| --- | --- | --- |

(d)

changes of 100 MW or more in actual availability of a production unit with an installed generation capacity of 200 MW or more, but not published in accordance with subparagraph (b), expected to last for at least one market time unit, specifying:

—

the name of the production unit,

| — | location, |
| --- | --- |

—

location,

| — | bidding zone, |
| --- | --- |

—

bidding zone,

| — | installed generation capacity (MW), |
| --- | --- |

—

installed generation capacity (MW),

| — | the production type, |
| --- | --- |

—

the production type,

| — | available capacity during the event, |
| --- | --- |

—

available capacity during the event,

| — | reason for the unavailability, and |
| --- | --- |

—

reason for the unavailability, and

| — | start date and estimated end date (day, hour) of the change in availability. |
| --- | --- |

—

start date and estimated end date (day, hour) of the change in availability.

2.   The information laid down in points (a) and (c) of paragraph 1 shall be published as soon as possible, but no later than one hour after the decision regarding the planned unavailability is made.

The information laid down in points (b) and (d) of paragraph 1 shall be published as soon as possible but no later than one hour after the change in actual availability.

3.   Generation units located in a TSO’s control area shall provide that TSO with the data laid down in paragraph 1.

Generation units shall be considered as primary owners of the data they provide.

Article 16

Actual generation

1.   For their control areas, TSOs shall calculate and provide the following information to the ENTSO for Electricity:

| (a) | actual generation output (MW) per market time unit and per generation unit of 100 MW or more installed generation capacity; |
| --- | --- |

(a)

actual generation output (MW) per market time unit and per generation unit of 100 MW or more installed generation capacity;

| (b) | aggregated generation output per market time unit and per production type; |
| --- | --- |

(b)

aggregated generation output per market time unit and per production type;

| (c) | actual or estimated wind and solar power generation (MW) in each bidding zone per market time unit; |
| --- | --- |

(c)

actual or estimated wind and solar power generation (MW) in each bidding zone per market time unit;

| (d) | aggregated weekly average filling rate of all water reservoir and hydro storage plants (MWh) per bidding zone including the figure for the same week of the previous year. |
| --- | --- |

(d)

aggregated weekly average filling rate of all water reservoir and hydro storage plants (MWh) per bidding zone including the figure for the same week of the previous year.

2.   The information laid down:

| (a) | in point (a) of paragraph 1 shall be published five days after the operational period; |
| --- | --- |

(a)

in point (a) of paragraph 1 shall be published five days after the operational period;

| (b) | in point (b) of paragraph 1 shall be published no later than one hour after the operational period; |
| --- | --- |

(b)

in point (b) of paragraph 1 shall be published no later than one hour after the operational period;

| (c) | in point (c) of paragraph 1 shall be published no later than one hour after the operational period and be updated on the basis of measured values as soon as they become available. The information shall be provided for all bidding zones only in Member States with more than 1 % feed-in of wind or solar power generation per year or for bidding zones with more than 5 % feed-in of wind or solar power generation per year; |
| --- | --- |

(c)

in point (c) of paragraph 1 shall be published no later than one hour after the operational period and be updated on the basis of measured values as soon as they become available. The information shall be provided for all bidding zones only in Member States with more than 1 % feed-in of wind or solar power generation per year or for bidding zones with more than 5 % feed-in of wind or solar power generation per year;

| (d) | in point (d) of paragraph 1 shall be published on the third working day following the week to which the information relates. The information shall be provided for all bidding zones only in Member States with more than 10 % feed-in of this type of generation per year or for bidding zones with more than 30 % feed-in of this type of generation per year. |
| --- | --- |

(d)

in point (d) of paragraph 1 shall be published on the third working day following the week to which the information relates. The information shall be provided for all bidding zones only in Member States with more than 10 % feed-in of this type of generation per year or for bidding zones with more than 30 % feed-in of this type of generation per year.

3.   Generation units and production units located within a TSOs’ control area shall provide that TSO with all the relevant information to calculate the data laid down in paragraph 1.

Generation units and production units respectively shall be considered as primary owners of the relevant information they provide.

Article 17

Balancing

1.   For their control areas, TSOs or where applicable operators of balancing markets, where such markets exist shall provide the following information to the ENTSO for Electricity:

| (a) | rules on balancing including:






  — | processes for the procurement of different types of balancing reserves and of balancing energy, |
| --- | --- | --- |

(a)

rules on balancing including:

—

processes for the procurement of different types of balancing reserves and of balancing energy,

| — | the methodology of remuneration for both the provision of reserves and activated energy for balancing, |
| --- | --- |

—

the methodology of remuneration for both the provision of reserves and activated energy for balancing,

| — | the methodology for calculating imbalance charges, |
| --- | --- |

—

the methodology for calculating imbalance charges,

| — | if applicable, a description on how cross-border balancing between two or more control areas is carried out and the conditions for generators and load to participate; |
| --- | --- |

—

if applicable, a description on how cross-border balancing between two or more control areas is carried out and the conditions for generators and load to participate;

| (b) | the amount of balancing reserves under contract (MW) by the TSO, specifying:






  — | the source of reserve (generation or load), |
| --- | --- | --- |

(b)

the amount of balancing reserves under contract (MW) by the TSO, specifying:

—

the source of reserve (generation or load),

| — | the type of reserve (e.g. Frequency Containment Reserve, Frequency Restoration Reserve, Replacement Reserve), |
| --- | --- |

—

the type of reserve (e.g. Frequency Containment Reserve, Frequency Restoration Reserve, Replacement Reserve),

| — | the time period for which the reserves are contracted (e.g. hour, day, week, month, year, etc.); |
| --- | --- |

—

the time period for which the reserves are contracted (e.g. hour, day, week, month, year, etc.);

| (c) | prices paid by the TSO per type of procured balancing reserve and per procurement period (Currency/MW/period); |
| --- | --- |

(c)

prices paid by the TSO per type of procured balancing reserve and per procurement period (Currency/MW/period);

| (d) | accepted aggregated offers per balancing time unit, separately for each type of balancing reserve; |
| --- | --- |

(d)

accepted aggregated offers per balancing time unit, separately for each type of balancing reserve;

| (e) | the amount of activated balancing energy (MW) per balancing time unit and per type of reserve; |
| --- | --- |

(e)

the amount of activated balancing energy (MW) per balancing time unit and per type of reserve;

| (f) | prices paid by the TSO for activated balancing energy per balancing time unit and per type of reserve; price information shall be provided separately for up and down regulation; |
| --- | --- |

(f)

prices paid by the TSO for activated balancing energy per balancing time unit and per type of reserve; price information shall be provided separately for up and down regulation;

| (g) | imbalance prices per balancing time unit; |
| --- | --- |

(g)

imbalance prices per balancing time unit;

| (h) | total imbalance volume per balancing time unit; |
| --- | --- |

(h)

total imbalance volume per balancing time unit;

| (i) | monthly financial balance of the control area, specifying:






  — | the expenses incurred to the TSO for procuring reserves and activating balancing energy, |
| --- | --- | --- |

(i)

monthly financial balance of the control area, specifying:

—

the expenses incurred to the TSO for procuring reserves and activating balancing energy,

| — | the net income to the TSO after settling the imbalance accounts with balance responsible parties; |
| --- | --- |

—

the net income to the TSO after settling the imbalance accounts with balance responsible parties;

| (j) | if applicable, information regarding Cross Control Area Balancing per balancing time unit, specifying:






  — | the volumes of exchanged bids and offers per procurement time unit, |
| --- | --- | --- |

(j)

if applicable, information regarding Cross Control Area Balancing per balancing time unit, specifying:

—

the volumes of exchanged bids and offers per procurement time unit,

| — | maximum and minimum prices of exchanged bids and offers per procurement time unit, |
| --- | --- |

—

maximum and minimum prices of exchanged bids and offers per procurement time unit,

| — | volume of balancing energy activated in the control areas concerned. |
| --- | --- |

—

volume of balancing energy activated in the control areas concerned.

Operators of balancing markets shall be considered as primary owners of the information they provide.

2.   The information laid down:

| (a) | in point (b) of paragraph 1 shall be published as soon as possible but no later than two hours before the next procurement process takes place; |
| --- | --- |

(a)

in point (b) of paragraph 1 shall be published as soon as possible but no later than two hours before the next procurement process takes place;

| (b) | in point (c) of paragraph 1 shall be published as soon as possible but no later than one hour after the procurement process ends; |
| --- | --- |

(b)

in point (c) of paragraph 1 shall be published as soon as possible but no later than one hour after the procurement process ends;

| (c) | in point (d) of paragraph 1 shall be published as soon as possible but no later than one hour after the operating period; |
| --- | --- |

(c)

in point (d) of paragraph 1 shall be published as soon as possible but no later than one hour after the operating period;

| (d) | in point (e) of paragraph 1 shall be published as soon as possible but no later than 30 minutes after the operating period. In case the data are preliminary, the figures shall be updated when the data become available; |
| --- | --- |

(d)

in point (e) of paragraph 1 shall be published as soon as possible but no later than 30 minutes after the operating period. In case the data are preliminary, the figures shall be updated when the data become available;

| (e) | in point (f) of paragraph 1 shall be published as soon as possible but no later than one hour after the operating period; |
| --- | --- |

(e)

in point (f) of paragraph 1 shall be published as soon as possible but no later than one hour after the operating period;

| (f) | in point (g) of paragraph 1 shall be published as soon as possible; |
| --- | --- |

(f)

in point (g) of paragraph 1 shall be published as soon as possible;

| (g) | in point (h) of paragraph 1 shall be published as soon as possible but no later than 30 minutes after the operating period. In case the data are preliminary, the figures shall be updated when the data become available; |
| --- | --- |

(g)

in point (h) of paragraph 1 shall be published as soon as possible but no later than 30 minutes after the operating period. In case the data are preliminary, the figures shall be updated when the data become available;

| (h) | in point (i) of paragraph 1 shall be published no later than three months after the operational month. In case the settlement is preliminary, the figures shall be updated after the final settlement; |
| --- | --- |

(h)

in point (i) of paragraph 1 shall be published no later than three months after the operational month. In case the settlement is preliminary, the figures shall be updated after the final settlement;

| (i) | in point (j) of paragraph 1 shall be published no later than one hour after the operating period. |
| --- | --- |

(i)

in point (j) of paragraph 1 shall be published no later than one hour after the operating period.

Article 18

Liability

The liability of the primary owner of the data, the data provider and the ENTSO for Electricity under this Regulation shall be limited to cases of gross negligence and/or wilful misconduct. In any event they shall not be liable to compensate the person who uses the data for any loss of profit, loss of business, or any other indirect incidental, special or consequential damages of any kind arising from a breach of their obligations under this Regulation.

Article 19

Amendment to Regulation (EC) No 714/2009

Points 5.5 to 5.9 of Annex I to Regulation (EC) No 714/2009 are deleted with effect from 5 January 2015.

Article 20

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

Article 4(1) shall apply 18 months after the entry into force of this Regulation.

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

Done at Brussels, 14 June 2013.

For the Commission

The President

José Manuel BARROSO

---

(1)  
  OJ L 211, 14.8.2009, p. 15.

1

(2)  
  OJ L 326, 8.12.2011, p. 1.

2

(3)  
  OJ L 345, 23.12.2008, p. 75.

3

---

ANNEX

Publication of the information referred to in Article 11(2)

| Capacity allocation period | Forecasted cross zonal capacity to be published | Offered capacity to be published |
| --- | --- | --- |
| Yearly | One week before the yearly allocation process but no later than 15 December, for all months of the following year | One week before the yearly allocation process but no later than 15 December |
| Monthly | Two working days before the monthly allocation process for all days of the following month | Two working days before the monthly allocation process |
| Weekly | Each Friday, for all days of the following week | One day before the weekly allocation process |
| Day-ahead | | One hour before spot market gate closure, for each market time unit |
| Intra-day | | One hour before the first intra-day allocation and then real-time, for each market time unit |

Capacity allocation period

Forecasted cross zonal capacity to be published

Offered capacity to be published

Yearly

One week before the yearly allocation process but no later than 15 December, for all months of the following year

One week before the yearly allocation process but no later than 15 December

Monthly

Two working days before the monthly allocation process for all days of the following month

Two working days before the monthly allocation process

Weekly

Each Friday, for all days of the following week

One day before the weekly allocation process

Day-ahead

One hour before spot market gate closure, for each market time unit

Intra-day

One hour before the first intra-day allocation and then real-time, for each market time unit

---

| 15.6.2013 | EN | Official Journal of the European Union | L 163/13 |
| --- | --- | --- | --- |

15.6.2013

EN

Official Journal of the European Union

L 163/13

---

COMMISSION IMPLEMENTING REGULATION (EU) No 544/2013

of 14 June 2013

concerning the authorisation of a preparation of Bifidobacterium animalis ssp. animalis DSM 16284, Lactobacillus salivarius ssp. salivarius DSM 16351 and Enterococcus faecium DSM 21913 as a feed additive for chickens for fattening (holder of authorisation Biomin GmbH)

(Text with EEA relevance)

THE EUROPEAN COMMISSION,

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

Having regard to Regulation (EC) No 1831/2003 of the European Parliament and of the Council of 22 September 2003 on additives for use in animal nutrition (1), and in particular Article 9(2) thereof,

Whereas:

| (1) | Regulation (EC) No 1831/2003 provides for the authorisation of additives for use in animal nutrition and for the grounds and procedures for granting such authorisation. |
| --- | --- |

(1)

Regulation (EC) No 1831/2003 provides for the authorisation of additives for use in animal nutrition and for the grounds and procedures for granting such authorisation.

| (2) | In accordance with Article 7 of Regulation (EC) No 1831/2003, an application was submitted for the authorisation of a preparation of Bifidobacterium animalis ssp. animalis DSM 16284, Lactobacillus salivarius ssp. salivarius DSM 16351 and Enterococcus faecium DSM 21913. That application was accompanied by the particulars and documents required under Article 7(3) of Regulation (EC) No 1831/2003. |
| --- | --- |

(2)

In accordance with Article 7 of Regulation (EC) No 1831/2003, an application was submitted for the authorisation of a preparation of Bifidobacterium animalis ssp. animalis DSM 16284, Lactobacillus salivarius ssp. salivarius DSM 16351 and Enterococcus faecium DSM 21913. That application was accompanied by the particulars and documents required under Article 7(3) of Regulation (EC) No 1831/2003.

| (3) | The application concerns the authorisation of a preparation of Bifidobacterium animalis ssp. animalis DSM 16284, Lactobacillus salivarius ssp. salivarius DSM 16351 and Enterococcus faecium DSM 21913 as a feed additive for chickens for fattening, to be classified in the additive category ‘zootechnical additives’. |
| --- | --- |

(3)

The application concerns the authorisation of a preparation of Bifidobacterium animalis ssp. animalis DSM 16284, Lactobacillus salivarius ssp. salivarius DSM 16351 and Enterococcus faecium DSM 21913 as a feed additive for chickens for fattening, to be classified in the additive category ‘zootechnical additives’.

| (4) | The European Food Safety Authority (‘the Authority’) concluded in its opinion of 14 November 2012 (2) that, under the proposed conditions of use, the preparation of Bifidobacterium animalis ssp. animalis DSM 16284, Lactobacillus salivarius ssp. salivarius DSM 16351 and Enterococcus faecium DSM 21913 does not have an adverse effect on animal health, human health or the environment, and that it has the potential to improve the performance of chickens for fattening. The Authority does not consider that there is a need for specific requirements of post-market monitoring. It also verified the report on the method of analysis of the feed additive in feed submitted by the Reference Laboratory set up by Regulation (EC) No 1831/2003. |
| --- | --- |

(4)

The European Food Safety Authority (‘the Authority’) concluded in its opinion of 14 November 2012 (2) that, under the proposed conditions of use, the preparation of Bifidobacterium animalis ssp. animalis DSM 16284, Lactobacillus salivarius ssp. salivarius DSM 16351 and Enterococcus faecium DSM 21913 does not have an adverse effect on animal health, human health or the environment, and that it has the potential to improve the performance of chickens for fattening. The Authority does not consider that there is a need for specific requirements of post-market monitoring. It also verified the report on the method of analysis of the feed additive in feed submitted by the Reference Laboratory set up by Regulation (EC) No 1831/2003.

| (5) | The assessment of the preparation of Bifidobacterium animalis ssp. animalis DSM 16284, Lactobacillus salivarius ssp. salivarius DSM 16351 and Enterococcus faecium DSM 21913 shows that the conditions for authorisation, as provided for in Article 5 of Regulation (EC) No 1831/2003, are satisfied. Accordingly, the use of this preparation should be authorised as specified in the Annex to this Regulation. |
| --- | --- |

(5)

The assessment of the preparation of Bifidobacterium animalis ssp. animalis DSM 16284, Lactobacillus salivarius ssp. salivarius DSM 16351 and Enterococcus faecium DSM 21913 shows that the conditions for authorisation, as provided for in Article 5 of Regulation (EC) No 1831/2003, are satisfied. Accordingly, the use of this preparation should be authorised as specified in the Annex to this Regulation.

| (6) | The measures provided for in this Regulation are in accordance with the opinion of the Standing Committee on the Food Chain and Animal Health, |
| --- | --- |

(6)

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

The preparation specified in the Annex, belonging to the additive category ‘zootechnical additives’ and to the functional group ‘gut flora stabilisers’, is authorised as an additive in animal nutrition subject to the conditions laid down in that Annex.

Article 2

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

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

Done at Brussels, 14 June 2013.

For the Commission

The President

José Manuel BARROSO

---

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

1

(2)  
  EFSA Journal 2012; 10(12):2965.

2

EFSA Journal 2012

---

ANNEX

| Identification number of the additive | Name of the holder of authorisation | Additive | Composition, chemical formula, description, analytical method | Species or category of animal | Maximum age | Minimum content | Maximum content | Other provisions | End of period of authorisation |
| --- | --- | --- | --- | --- | --- | --- | --- | --- | --- |
| CFU (1)/kg of complete feedingstuff with a moisture content of 12 % |
| Category of zootechnical additives. Functional group: gut flora stabilisers |
| 4b1890 | Biomin GmbH | Bifidobacterium animalis ssp. animalis

  DSM 16284, Lactobacillus salivarius ssp. salivarius DSM 16351 and Enterococcus faecium DSM 21913 | | Additive composition

  Preparation in form of a mixture of: | Bifidobacterium animalis ssp. animalis DSM 16284 containing a minimum of 3 × 109 CFU/g additive |

Identification number of the additive

Name of the holder of authorisation

Additive

Composition, chemical formula, description, analytical method

Species or category of animal

Maximum age

Minimum content

Maximum content

Other provisions

End of period of authorisation

CFU (1)/kg of complete feedingstuff with a moisture content of 12 %

Category of zootechnical additives. Functional group: gut flora stabilisers

4b1890

Biomin GmbH

Bifidobacterium animalis ssp. animalis

DSM 16284, Lactobacillus salivarius ssp. salivarius DSM 16351 and Enterococcus faecium DSM 21913

Additive composition

Preparation in form of a mixture of:

Bifidobacterium animalis ssp. animalis DSM 16284 containing a minimum of 3 × 109 CFU/g additive

| | Lactobacillus salivarius ssp. salivarius DSM 16351 containing a minimum of 1 × 109 CFU/g additive |
| --- | --- |

Lactobacillus salivarius ssp. salivarius DSM 16351 containing a minimum of 1 × 109 CFU/g additive

| | Enterococcus faecium DSM 21913 containing a minimum of 6 × 109 CFU/g additive |
| --- | --- |

Enterococcus faecium DSM 21913 containing a minimum of 6 × 109 CFU/g additive

Solid preparation (ratio 3:1:6)

| | Characterisation of active substance

  Viable cells of Bifidobacterium animalis ssp. animalis DSM 16284, Lactobacillus salivarius ssp. salivarius DSM 16351, and Enterococcus faecium DSM 21913 |
| --- | --- |

Characterisation of active substance

Viable cells of Bifidobacterium animalis ssp. animalis DSM 16284, Lactobacillus salivarius ssp. salivarius DSM 16351, and Enterococcus faecium DSM 21913

| | Analytical methods
   (2)

  For the enumeration of: | Bifidobacterium animalis ssp. animalis DSM 16284: spread plate method EN 15785 |
| --- | --- | --- |

Analytical methods
   (2)

For the enumeration of:

Bifidobacterium animalis ssp. animalis DSM 16284: spread plate method EN 15785

| | Lactobacillus salivarius ssp. salivarius DSM 16351: spread plate method EN 15787 |
| --- | --- |

Lactobacillus salivarius ssp. salivarius DSM 16351: spread plate method EN 15787

| | Enterococcus faecium DSM 21913 spread plate method EN 15788 |
| --- | --- |

Enterococcus faecium DSM 21913 spread plate method EN 15788

For the identification:

Pulsed Field Gel Electrophoresis (PFGE)

Chickens for fattening

—

1 × 108

1 × 109

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

1.

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

| 2. | The additive may be used with feed containing the following coccidiostats: maduramicin ammonium, diclazuril or robenidine hydrochloride. |
| --- | --- |

2.

The additive may be used with feed containing the following coccidiostats: maduramicin ammonium, diclazuril or robenidine hydrochloride.

| 3. | For safety: breathing protection, glasses and gloves shall be used during handling. |
| --- | --- |

3.

For safety: breathing protection, glasses and gloves shall be used during handling.

5 July 2023

---

(1)  As total content of the mixture.

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

---

| 15.6.2013 | EN | Official Journal of the European Union | L 163/15 |
| --- | --- | --- | --- |

15.6.2013

EN

Official Journal of the European Union

L 163/15

---

COMMISSION REGULATION (EU) No 545/2013

of 14 June 2013

amending Annex I to Regulation (EC) No 1334/2008 of the European Parliament and of the Council as regards the flavouring substance 3-acetyl-2,5-dimethylthiophene

(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 1334/2008 of the European Parliament and of the Council of 16 December 2008 on flavourings and certain food ingredients with flavouring properties for use in and on foods and amending Council Regulation (EEC) No 1601/91, Regulations (EC) No 2232/96 and (EC) No 110/2008 and Directive 2000/13/EC (1), and in particular Article 11(3) thereof,

Having regard to Regulation (EC) No 1331/2008 of the European Parliament and of the Council of 16 December 2008 establishing a common authorisation procedure for food additives, food enzymes and food flavourings (2), and in particular Article 7(6) thereof,

Whereas:

| (1) | Commission Implementing Regulation (EU) No 872/2012 (3) has adopted a list of flavouring substances and has introduced that list in Part A of Annex I to Regulation (EC) No 1334/2008. |
| --- | --- |

(1)

Commission Implementing Regulation (EU) No 872/2012 (3) has adopted a list of flavouring substances and has introduced that list in Part A of Annex I to Regulation (EC) No 1334/2008.

| (2) | That list may be updated in accordance with the common procedure referred to in Regulation (EC) No 1331/2008, either on the initiative of the Commission or following an application by a Member State or by an interested party. |
| --- | --- |

(2)

That list may be updated in accordance with the common procedure referred to in Regulation (EC) No 1331/2008, either on the initiative of the Commission or following an application by a Member State or by an interested party.

| (3) | The flavouring substance 3-acetyl-2,5-dimethylthiophene (FL-no 15.024) is included in the list as a flavouring substance under evaluation for which additional scientific data must be submitted. Such data has been submitted by the applicant. |
| --- | --- |

(3)

The flavouring substance 3-acetyl-2,5-dimethylthiophene (FL-no 15.024) is included in the list as a flavouring substance under evaluation for which additional scientific data must be submitted. Such data has been submitted by the applicant.

| (4) | The European Food Safety Authority has evaluated the submitted data and concluded on 15 May 2013 that 3-acetyl-2,5-dimethylthiophene is mutagenic both in vitro and in vivo and that therefore its use as flavouring substance raises a safety concern (4). |
| --- | --- |

(4)

The European Food Safety Authority has evaluated the submitted data and concluded on 15 May 2013 that 3-acetyl-2,5-dimethylthiophene is mutagenic both in vitro and in vivo and that therefore its use as flavouring substance raises a safety concern (4).

| (5) | Accordingly the use of 3-acetyl-2,5-dimethylthiophene does not comply with the general conditions of use for flavourings set out in Article 4(a) of Regulation (EC) No 1334/2008. Consequently, that substance should be removed from the list without delay in order to protect human health. |
| --- | --- |

(5)

Accordingly the use of 3-acetyl-2,5-dimethylthiophene does not comply with the general conditions of use for flavourings set out in Article 4(a) of Regulation (EC) No 1334/2008. Consequently, that substance should be removed from the list without delay in order to protect human health.

| (6) | The Commission should use the urgency procedure for the removal of a substance which raises a safety concern from the Union list. |
| --- | --- |

(6)

The Commission should use the urgency procedure for the removal of a substance which raises a safety concern from the Union list.

| (7) | Pursuant to Article 30 of Regulation (EC) No 1334/2008 flavouring substances not included in the Union list may be placed on the market as such and used in or on food until 22 October 2014. That transitional period should not apply to 3-acetyl-2,5-dimethylthiophene. |
| --- | --- |

(7)

Pursuant to Article 30 of Regulation (EC) No 1334/2008 flavouring substances not included in the Union list may be placed on the market as such and used in or on food until 22 October 2014. That transitional period should not apply to 3-acetyl-2,5-dimethylthiophene.

| (8) | Due to very low use levels and the low total amount that 3-acetyl-2,5-dimethylthiophene has been added yearly to foods in the European Union, the presence of that substance in food does not raise immediate safety concerns. Therefore, taking into account also technical and economic reasons, transitional periods should be laid down to cover food containing the flavouring substance 3-acetyl-2,5-dimethylthiophene, which has been placed on the market or dispatched from third countries for the Union, before the date of entry into force of this Regulation. |
| --- | --- |

(8)

Due to very low use levels and the low total amount that 3-acetyl-2,5-dimethylthiophene has been added yearly to foods in the European Union, the presence of that substance in food does not raise immediate safety concerns. Therefore, taking into account also technical and economic reasons, transitional periods should be laid down to cover food containing the flavouring substance 3-acetyl-2,5-dimethylthiophene, which has been placed on the market or dispatched from third countries for the Union, before the date of entry into force of this Regulation.

| (9) | Regulation (EC) No 1334/2008 should therefore be amended accordingly. |
| --- | --- |

(9)

Regulation (EC) No 1334/2008 should therefore be amended accordingly.

| (10) | The measures provided for in this Regulation are in accordance with the opinion of the Standing Committee on the Food Chain and Animal Health, |
| --- | --- |

(10)

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

HAS ADOPTED THIS REGULATION:

Article 1

Part A of Annex I to Regulation (EC) No 1334/2008 is amended in accordance with the Annex to this Regulation.

Article 2

1.   The placing on the market of 3-acetyl-2,5-dimethylthiophene as a flavouring substance and the use of that substance in or on foods shall be prohibited.

2.   The placing on the market of food containing the flavouring substance 3-acetyl-2,5-dimethylthiophene shall be prohibited.

3.   The import of 3-acetyl-2,5-dimethylthiophene as a flavouring substance and the import of food containing the flavouring substance 3-acetyl-2,5-dimethylthiophene shall be prohibited.

Article 3

1.   By way of derogation to Article 2(2), foods containing the flavouring substance 3-acetyl-2,5-dimethylthiophene which have been legally placed on the market before the date of entry into force of this Regulation may be marketed until their ‘use by’ date or their date of minimum durability.

2.   Article 2 shall not apply to consignments of food containing the flavouring substance 3-acetyl-2,5-dimethylthiophene where the importer of such food can demonstrate that they have been dispatched from the third country concerned and were en route to the Union before the date of entry into force of this Regulation.

Article 4

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

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

Done at Brussels, 14 June 2013.

For the Commission

The President

José Manuel BARROSO

---

(1)  
  OJ L 354, 31.12.2008, p. 34.

1

(2)  
  OJ L 354, 31.12.2008, p. 1.

2

(3)  
  OJ L 267, 2.10.2012, p. 1.

3

(4)  EFSA Journal 2013; 11(5):3227.

4

---

ANNEX

In Part A of Annex I to Regulation (EC) No 1334/2008, the following entry for FL 15.024 is deleted:

| ‘15.024 | 3-Acetyl-2,5-dimethylthiophene | 2530-10-1 | 1051 | 11603 | | | 2 | EFSA’ |
| --- | --- | --- | --- | --- | --- | --- | --- | --- |

‘15.024

3-Acetyl-2,5-dimethylthiophene

2530-10-1

1051

11603

2

EFSA’

---

| 15.6.2013 | EN | Official Journal of the European Union | L 163/17 |
| --- | --- | --- | --- |

15.6.2013

EN

Official Journal of the European Union

L 163/17

---

COMMISSION IMPLEMENTING REGULATION (EU) No 546/2013

of 14 June 2013

approving the active substance eugenol, in accordance with Regulation (EC) No 1107/2009 of the European Parliament and of the Council concerning the placing of plant protection products on the market, and amending the Annex to Commission Implementing Regulation (EU) No 540/2011

(Text with EEA relevance)

THE EUROPEAN COMMISSION,

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

Having regard to Regulation (EC) No 1107/2009 of the European Parliament and of the Council of 21 October 2009 concerning the placing of plant protection products on the market and repealing Council Directives 79/117/EEC and 91/414/EEC (1), and in particular Article 13(2) and Article 78(2) thereof,

Whereas:

| (1) | In accordance with Article 80(1)(a) of Regulation (EC) No 1107/2009, Council Directive 91/414/EEC (2) is to apply, with respect to the procedure and the conditions for approval, to active substances for which a decision has been adopted in accordance with Article 6(3) of that Directive before 14 June 2011. For eugenol the conditions of Article 80(1)(a) of Regulation (EC) No 1107/2009 are fulfilled by Commission Implementing Decision 2011/266/EU (3). |
| --- | --- |

(1)

In accordance with Article 80(1)(a) of Regulation (EC) No 1107/2009, Council Directive 91/414/EEC (2) is to apply, with respect to the procedure and the conditions for approval, to active substances for which a decision has been adopted in accordance with Article 6(3) of that Directive before 14 June 2011. For eugenol the conditions of Article 80(1)(a) of Regulation (EC) No 1107/2009 are fulfilled by Commission Implementing Decision 2011/266/EU (3).

| (2) | In accordance with Article 6(2) of Directive 91/414/EEC the United Kingdom received on 7 March 2008 an application from Eden Research PLC for the inclusion of the active substance eugenol in Annex I to Directive 91/414/EEC. Implementing Decision 2011/266/EU confirmed that the dossier was ‘complete’ in the sense that it could be considered as satisfying, in principle, the data and information requirements of Annexes II and III to Directive 91/414/EEC. |
| --- | --- |

(2)

In accordance with Article 6(2) of Directive 91/414/EEC the United Kingdom received on 7 March 2008 an application from Eden Research PLC for the inclusion of the active substance eugenol in Annex I to Directive 91/414/EEC. Implementing Decision 2011/266/EU confirmed that the dossier was ‘complete’ in the sense that it could be considered as satisfying, in principle, the data and information requirements of Annexes II and III to Directive 91/414/EEC.

| (3) | For that active substance, the effects on human and animal health and the environment have been assessed, in accordance with the provisions of Article 6(2) and (4) of Directive 91/414/EEC, for the uses proposed by the applicant. The designated rapporteur Member State submitted a draft assessment report on 30 June 2011. |
| --- | --- |

(3)

For that active substance, the effects on human and animal health and the environment have been assessed, in accordance with the provisions of Article 6(2) and (4) of Directive 91/414/EEC, for the uses proposed by the applicant. The designated rapporteur Member State submitted a draft assessment report on 30 June 2011.

| (4) | The draft assessment report was reviewed by the Member States and the European Food Safety Authority (hereinafter ‘the Authority’). The Authority presented to the Commission its conclusion on the review of the pesticide risk assessment of the active substance eugenol (4) on 15 October 2012. The draft assessment report and the conclusion of the Authority were reviewed by the Member States and the Commission within the Standing Committee on the Food Chain and Animal Health and the draft assessment report was finalised on 17 May 2013 in the format of the Commission review report for eugenol. |
| --- | --- |

(4)

The draft assessment report was reviewed by the Member States and the European Food Safety Authority (hereinafter ‘the Authority’). The Authority presented to the Commission its conclusion on the review of the pesticide risk assessment of the active substance eugenol (4) on 15 October 2012. The draft assessment report and the conclusion of the Authority were reviewed by the Member States and the Commission within the Standing Committee on the Food Chain and Animal Health and the draft assessment report was finalised on 17 May 2013 in the format of the Commission review report for eugenol.

| (5) | It has appeared from the various examinations made that plant protection products containing eugenol may be expected to satisfy, in general, the requirements laid down in Article 5(1)(a) and (b) and Article 5(3) of Directive 91/414/EEC, in particular with regard to the use which was examined and detailed in the Commission review report. It is therefore appropriate to approve eugenol. |
| --- | --- |

(5)

It has appeared from the various examinations made that plant protection products containing eugenol may be expected to satisfy, in general, the requirements laid down in Article 5(1)(a) and (b) and Article 5(3) of Directive 91/414/EEC, in particular with regard to the use which was examined and detailed in the Commission review report. It is therefore appropriate to approve eugenol.

| (6) | In accordance with Article 13(2) of Regulation (EC) No 1107/2009 in conjunction with Article 6 thereof and in the light of current scientific and technical knowledge, it is, however, necessary to include certain conditions and restrictions. It is, in particular, appropriate to require further confirmatory information. |
| --- | --- |

(6)

In accordance with Article 13(2) of Regulation (EC) No 1107/2009 in conjunction with Article 6 thereof and in the light of current scientific and technical knowledge, it is, however, necessary to include certain conditions and restrictions. It is, in particular, appropriate to require further confirmatory information.

| (7) | A reasonable period should be allowed to elapse before approval in order to permit Member States and the interested parties to prepare themselves to meet the new requirements resulting from the approval. |
| --- | --- |

(7)

A reasonable period should be allowed to elapse before approval in order to permit Member States and the interested parties to prepare themselves to meet the new requirements resulting from the approval.

| (8) | Without prejudice to the obligations provided for in Regulation (EC) No 1107/2009 as a consequence of approval, taking into account the specific situation created by the transition from Directive 91/414/EEC to Regulation (EC) No 1107/2009, the following should, however, apply. Member States should be allowed a period of six months after approval to review authorisations of plant protection products containing eugenol. Member States should, as appropriate, vary, replace or withdraw authorisations. By way of derogation from that deadline, a longer period should be provided for the submission and assessment of the update of the complete Annex III dossier, as set out in Directive 91/414/EEC, of each plant protection product for each intended use in accordance with the uniform principles. |
| --- | --- |

(8)

Without prejudice to the obligations provided for in Regulation (EC) No 1107/2009 as a consequence of approval, taking into account the specific situation created by the transition from Directive 91/414/EEC to Regulation (EC) No 1107/2009, the following should, however, apply. Member States should be allowed a period of six months after approval to review authorisations of plant protection products containing eugenol. Member States should, as appropriate, vary, replace or withdraw authorisations. By way of derogation from that deadline, a longer period should be provided for the submission and assessment of the update of the complete Annex III dossier, as set out in Directive 91/414/EEC, of each plant protection product for each intended use in accordance with the uniform principles.

| (9) | The experience gained from inclusions in Annex I to Directive 91/414/EEC of active substances assessed in the framework of Commission Regulation (EEC) No 3600/92 of 11 December 1992 laying down the detailed rules for the implementation of the first stage of the programme of work referred to in Article 8(2) of Council Directive 91/414/EEC concerning the placing of plant protection products on the market (5) has shown that difficulties can arise in interpreting the duties of holders of existing authorisations in relation to access to data. In order to avoid further difficulties it therefore appears necessary to clarify the duties of the Member States, especially the duty to verify that the holder of an authorisation demonstrates access to a dossier satisfying the requirements of Annex II to that Directive. However, this clarification does not impose any new obligations on Member States or holders of authorisations compared to the Directives which have been adopted until now amending Annex I to that Directive or the Regulations approving active substances. |
| --- | --- |

(9)

The experience gained from inclusions in Annex I to Directive 91/414/EEC of active substances assessed in the framework of Commission Regulation (EEC) No 3600/92 of 11 December 1992 laying down the detailed rules for the implementation of the first stage of the programme of work referred to in Article 8(2) of Council Directive 91/414/EEC concerning the placing of plant protection products on the market (5) has shown that difficulties can arise in interpreting the duties of holders of existing authorisations in relation to access to data. In order to avoid further difficulties it therefore appears necessary to clarify the duties of the Member States, especially the duty to verify that the holder of an authorisation demonstrates access to a dossier satisfying the requirements of Annex II to that Directive. However, this clarification does not impose any new obligations on Member States or holders of authorisations compared to the Directives which have been adopted until now amending Annex I to that Directive or the Regulations approving active substances.

| (10) | In accordance with Article 13(4) of Regulation (EC) No 1107/2009, the Annex to Commission Implementing Regulation (EU) No 540/2011 of 25 May 2011 implementing Regulation (EC) No 1107/2009 of the European Parliament and of the Council as regards the list of approved active substances (6) should be amended accordingly. |
| --- | --- |

(10)

In accordance with Article 13(4) of Regulation (EC) No 1107/2009, the Annex to Commission Implementing Regulation (EU) No 540/2011 of 25 May 2011 implementing Regulation (EC) No 1107/2009 of the European Parliament and of the Council as regards the list of approved active substances (6) should be amended accordingly.

| (11) | The measures provided for in this Regulation are in accordance with the opinion of the Standing Committee on the Food Chain and Animal Health, |
| --- | --- |

(11)

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

Approval of active substance

The active substance eugenol, as specified in Annex I, is approved subject to the conditions laid down in that Annex.

Article 2

Re-evaluation of plant protection products

1.   Member States shall in accordance with Regulation (EC) No 1107/2009, where necessary, amend or withdraw existing authorisations for plant protection products containing eugenol as an active substance by 31 May 2014.

By that date they shall in particular verify that the conditions in Annex I to this Regulation are met, with the exception of those identified in the column on specific provisions of that Annex, and that the holder of the authorisation has, or has access to, a dossier satisfying the requirements of Annex II to Directive 91/414/EEC in accordance with the conditions of Article 13(1) to (4) of that Directive and Article 62 of Regulation (EC) No 1107/2009.

2.   By way of derogation from paragraph 1, for each authorised plant protection product containing eugenol as either the only active substance or as one of several active substances, all of which were listed in the Annex to Implementing Regulation (EU) No 540/2011 by 30 November 2013 at the latest, Member States shall re-evaluate the product in accordance with the uniform principles, as referred to in Article 29(6) of Regulation (EC) No 1107/2009, on the basis of a dossier satisfying the requirements of Annex III to Directive 91/414/EEC and taking into account the column on specific provisions of Annex I to this Regulation. On the basis of that evaluation, they shall determine whether the product satisfies the conditions set out in Article 29(1) of Regulation (EC) No 1107/2009.

Following that determination Member States shall:

| (a) | in the case of a product containing eugenol as the only active substance, where necessary, amend or withdraw the authorisation by 31 May 2015 at the latest; or |
| --- | --- |

(a)

in the case of a product containing eugenol as the only active substance, where necessary, amend or withdraw the authorisation by 31 May 2015 at the latest; or

| (b) | in the case of a product containing eugenol as one of several active substances, where necessary, amend or withdraw the authorisation by 31 May 2015 or by the date fixed for such an amendment or withdrawal in the respective act or acts which added the relevant substance or substances to Annex I to Directive 91/414/EEC or approved that substance or those substances, whichever is the latest. |
| --- | --- |

(b)

in the case of a product containing eugenol as one of several active substances, where necessary, amend or withdraw the authorisation by 31 May 2015 or by the date fixed for such an amendment or withdrawal in the respective act or acts which added the relevant substance or substances to Annex I to Directive 91/414/EEC or approved that substance or those substances, whichever is the latest.

Article 3

Amendments to Implementing Regulation (EU) No 540/2011

The Annex to Implementing Regulation (EU) No 540/2011 is amended in accordance with Annex II to this Regulation.

Article 4

Entry into force and date of application

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

Official Journal of the European Union

It shall apply from 1 December 2013.

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

Done at Brussels, 14 June 2013.

For the Commission

The President

José Manuel BARROSO

---

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

1

(2)  
  OJ L 230, 19.8.1991, p. 1.

2

(3)  
  OJ L 114, 4.5.2011, p. 3.

3

(4)  
  EFSA Journal 2012; 10(11):2914. Available online: www.efsa.europa.eu

4

EFSA Journal

(5)  
  OJ L 366, 15.12.1992, p. 10.

5

(6)  
  OJ L 153, 11.6.2011, p. 1.

6

---

ANNEX I

| Common Name, Identification Numbers | IUPAC Name | Purity (1) | Date of approval | Expiration of approval | Specific provisions |
| --- | --- | --- | --- | --- | --- |
| Eugenol CAS No 97-53-0
  CIPAC No 967 | 4-allyl-2-methoxyphenol | ≥ 990 g/kg
  Relevant impurity: methyl eugenol maximum 0,1 % of the technical material | 1 December 2013 | 30 November 2023 | For the implementation of the uniform principles as referred to in Article 29(6) of Regulation (EC) No 1107/2009, the conclusions of the review report on eugenol, and in particular Appendices I and II thereof, as finalised in the Standing Committee on the Food Chain and Animal Health on 17 May 2013 shall be taken into account.
  In this overall assessment Member States shall pay particular attention to:






  — | the protection of operators, workers, bystanders and residents, ensuring that conditions of use include the application of adequate personal protective equipment, where appropriate, |

Common Name, Identification Numbers

IUPAC Name

Purity (1)

Date of approval

Expiration of approval

Specific provisions

Eugenol CAS No 97-53-0

CIPAC No 967

4-allyl-2-methoxyphenol

≥ 990 g/kg

Relevant impurity: methyl eugenol maximum 0,1 % of the technical material

1 December 2013

30 November 2023

For the implementation of the uniform principles as referred to in Article 29(6) of Regulation (EC) No 1107/2009, the conclusions of the review report on eugenol, and in particular Appendices I and II thereof, as finalised in the Standing Committee on the Food Chain and Animal Health on 17 May 2013 shall be taken into account.

In this overall assessment Member States shall pay particular attention to:

—

the protection of operators, workers, bystanders and residents, ensuring that conditions of use include the application of adequate personal protective equipment, where appropriate,

| — | the protection of groundwater, when the substance is applied in regions with vulnerable soil and/or climatic conditions, |
| --- | --- |

—

the protection of groundwater, when the substance is applied in regions with vulnerable soil and/or climatic conditions,

| — | the risk to aquatic organisms, |
| --- | --- |

—

the risk to aquatic organisms,

| — | the risk to insectivorous birds. |
| --- | --- |

—

the risk to insectivorous birds.

Conditions of use shall include risk mitigation measures, where appropriate.

The applicant shall submit confirmatory information as regards:

| (a) | the storage stability (2 years) at ambient temperature on the formulated product; |
| --- | --- |

(a)

the storage stability (2 years) at ambient temperature on the formulated product;

| (b) | data comparing natural background exposure situations of eugenol and methyl eugenol in relation to exposure from the use of eugenol as a plant protection product. This data shall cover human exposure as well as exposure of birds and aquatic organisms; |
| --- | --- |

(b)

data comparing natural background exposure situations of eugenol and methyl eugenol in relation to exposure from the use of eugenol as a plant protection product. This data shall cover human exposure as well as exposure of birds and aquatic organisms;

| (c) | the groundwater exposure assessment for potential metabolites of eugenol, in particular for methyl eugenol. |
| --- | --- |

(c)

the groundwater exposure assessment for potential metabolites of eugenol, in particular for methyl eugenol.

The applicant shall submit to the Commission, the Member States and the Authority that information by 30 November 2015.

---

(1)  Further details on identity and specification of active substance are provided in the review report.

---

ANNEX II

In Part B of the Annex to Implementing Regulation (EU) No 540/2011, the following entry is added:

| Number | Common Name, Identification Numbers | IUPAC Name | Purity (*1) | Date of approval | Expiration of approval | Specific provisions |
| --- | --- | --- | --- | --- | --- | --- |
| ‘45 | Eugenol CAS No 97-53-0
  CIPAC No 967 | 4-allyl-2-methoxyphenol | ≥ 990 g/kg
  Relevant impurity: methyl eugenol maximum 0,1 % of the technical material | 1 December 2013 | 30 November 2023 | For the implementation of the uniform principles as referred to in Article 29(6) of Regulation (EC) No 1107/2009, the conclusions of the review report on eugenol, and in particular Appendices I and II thereof, as finalised in the Standing Committee on the Food Chain and Animal Health on 17 May 2013 shall be taken into account.
  In this overall assessment Member States shall pay particular attention to:






  — | the protection of operators, workers, bystanders and residents, ensuring that conditions of use include the application of adequate personal protective equipment, where appropriate, |

Number

Common Name, Identification Numbers

IUPAC Name

Purity (*1)

Date of approval

Expiration of approval

Specific provisions

‘45

Eugenol CAS No 97-53-0

CIPAC No 967

4-allyl-2-methoxyphenol

≥ 990 g/kg

Relevant impurity: methyl eugenol maximum 0,1 % of the technical material

1 December 2013

30 November 2023

For the implementation of the uniform principles as referred to in Article 29(6) of Regulation (EC) No 1107/2009, the conclusions of the review report on eugenol, and in particular Appendices I and II thereof, as finalised in the Standing Committee on the Food Chain and Animal Health on 17 May 2013 shall be taken into account.

In this overall assessment Member States shall pay particular attention to:

—

the protection of operators, workers, bystanders and residents, ensuring that conditions of use include the application of adequate personal protective equipment, where appropriate,

| — | the protection of groundwater, when the substance is applied in regions with vulnerable soil and/or climatic conditions, |
| --- | --- |

—

the protection of groundwater, when the substance is applied in regions with vulnerable soil and/or climatic conditions,

| — | the risk to aquatic organisms, |
| --- | --- |

—

the risk to aquatic organisms,

| — | the risk to insectivorous birds. |
| --- | --- |

—

the risk to insectivorous birds.

Conditions of use shall include risk mitigation measures, where appropriate.

The applicant shall submit confirmatory information as regards:

| (a) | the storage stability (2 years) at ambient temperature on the formulated product; |
| --- | --- |

(a)

the storage stability (2 years) at ambient temperature on the formulated product;

| (b) | data comparing natural background exposure situations of eugenol and methyl eugenol in relation to exposure from the use of eugenol as a plant protection product. This data shall cover human exposure as well as exposure of birds and aquatic organisms; |
| --- | --- |

(b)

data comparing natural background exposure situations of eugenol and methyl eugenol in relation to exposure from the use of eugenol as a plant protection product. This data shall cover human exposure as well as exposure of birds and aquatic organisms;

| (c) | the groundwater exposure assessment for potential metabolites of eugenol, in particular for methyl eugenol. |
| --- | --- |

(c)

the groundwater exposure assessment for potential metabolites of eugenol, in particular for methyl eugenol.

The applicant shall submit to the Commission, the Member States and the Authority that information by 30 November 2015.’

---

(*1)  Further details on identity and specification of active substance are provided in the review report.

*1

---

| 15.6.2013 | EN | Official Journal of the European Union | L 163/21 |
| --- | --- | --- | --- |

15.6.2013

EN

Official Journal of the European Union

L 163/21

---

COMMISSION IMPLEMENTING REGULATION (EU) No 547/2013

of 14 June 2013

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

THE EUROPEAN COMMISSION,

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

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

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

Whereas:

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

(1)

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

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

(2)

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

HAS ADOPTED THIS REGULATION:

Article 1

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

Article 2

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

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

Done at Brussels, 14 June 2013.

For the Commission, On behalf of the President,

Jerzy PLEWA

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 | MK | 49,2 |
| TR | 65,0 |
| ZZ | 57,1 |
| 0707 00 05 | MK | 27,2 |
| TR | 138,6 |
| ZZ | 82,9 |
| 0709 93 10 | TR | 142,0 |
| ZZ | 142,0 |
| 0805 50 10 | AR | 103,4 |
| TR | 115,2 |
| ZA | 108,6 |
| ZZ | 109,1 |
| 0808 10 80 | AR | 170,9 |
| BR | 107,2 |
| CL | 132,8 |
| CN | 96,1 |
| NZ | 134,3 |
| US | 145,7 |
| ZA | 116,9 |
| ZZ | 129,1 |
| 0809 10 00 | IL | 342,4 |
| TR | 201,2 |
| ZZ | 271,8 |
| 0809 29 00 | TR | 419,5 |
| US | 793,4 |
| ZZ | 606,5 |
| 0809 30 | IL | 214,0 |
| MA | 207,9 |
| TR | 174,9 |
| ZZ | 198,9 |
| 0809 40 05 | CL | 151,2 |
| IL | 308,9 |
| ZA | 104,8 |
| ZZ | 188,3 |

(EUR/100 kg)

CN code

Third country code (1)

Standard import value

0702 00 00

MK

49,2

TR

65,0

ZZ

57,1

0707 00 05

MK

27,2

TR

138,6

ZZ

82,9

0709 93 10

TR

142,0

ZZ

142,0

0805 50 10

AR

103,4

TR

115,2

ZA

108,6

ZZ

109,1

0808 10 80

AR

170,9

BR

107,2

CL

132,8

CN

96,1

NZ

134,3

US

145,7

ZA

116,9

ZZ

129,1

0809 10 00

IL

342,4

TR

201,2

ZZ

271,8

0809 29 00

TR

419,5

US

793,4

ZZ

606,5

0809 30

IL

214,0

MA

207,9

TR

174,9

ZZ

198,9

0809 40 05

CL

151,2

IL

308,9

ZA

104,8

ZZ

188,3

---

(1)  Nomenclature of countries laid down by Commission Regulation (EC) No 1833/2006 (OJ L 354, 14.12.2006, p. 19). Code ‘
  ZZ
  ’ stands for ‘of other origin’.

---

| 15.6.2013 | EN | Official Journal of the European Union | L 163/23 |
| --- | --- | --- | --- |

15.6.2013

EN

Official Journal of the European Union

L 163/23

---

COMMISSION IMPLEMENTING REGULATION (EU) No 548/2013

of 14 June 2013

fixing the import duties in the cereals sector applicable from 16 June 2013

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 Regulation (EU) No 642/2010 of 20 July 2010 laying down detailed rules for the application of Council Regulation (EC) No 1234/2007 in respect of import duties in the cereals sector (2), and in particular Article 2(1) thereof,

Whereas:

| (1) | Article 136(1) of Regulation (EC) No 1234/2007 states that the import duty on products covered by CN codes 1001 19 00, 1001 11 00, ex 1001 91 20 (common wheat seed), ex 1001 99 00 (high quality common wheat other than for sowing), 1002 10 00, 1002 90 00, 1005 10 90, 1005 90 00, 1007 10 90 and 1007 90 00 is to be equal to the intervention price valid for such products on importation and increased by 55 %, minus the cif import price applicable to the consignment in question. However, that duty may not exceed the rate of duty in the Common Customs Tariff. |
| --- | --- |

(1)

Article 136(1) of Regulation (EC) No 1234/2007 states that the import duty on products covered by CN codes 1001 19 00, 1001 11 00, ex 1001 91 20 (common wheat seed), ex 1001 99 00 (high quality common wheat other than for sowing), 1002 10 00, 1002 90 00, 1005 10 90, 1005 90 00, 1007 10 90 and 1007 90 00 is to be equal to the intervention price valid for such products on importation and increased by 55 %, minus the cif import price applicable to the consignment in question. However, that duty may not exceed the rate of duty in the Common Customs Tariff.

| (2) | Article 136(2) of Regulation (EC) No 1234/2007 lays down that, in order to calculate the import duty referred to in paragraph 1 of that Article, representative cif import prices are to be established on a regular basis for the products in question. |
| --- | --- |

(2)

Article 136(2) of Regulation (EC) No 1234/2007 lays down that, in order to calculate the import duty referred to in paragraph 1 of that Article, representative cif import prices are to be established on a regular basis for the products in question.

| (3) | Under Article 2(2) of Regulation (EU) No 642/2010, the price to be used for the calculation of the import duty on products covered by CN codes 1001 19 00, 1001 11 00, ex 1001 91 20 (common wheat seed), ex 1001 99 00 (high quality common wheat other than for sowing), 1002 10 00, 1002 90 00, 1005 10 90, 1005 90 00, 1007 10 90 and 1007 90 00 is the daily cif representative import price determined as specified in Article 5 of that Regulation. |
| --- | --- |

(3)

Under Article 2(2) of Regulation (EU) No 642/2010, the price to be used for the calculation of the import duty on products covered by CN codes 1001 19 00, 1001 11 00, ex 1001 91 20 (common wheat seed), ex 1001 99 00 (high quality common wheat other than for sowing), 1002 10 00, 1002 90 00, 1005 10 90, 1005 90 00, 1007 10 90 and 1007 90 00 is the daily cif representative import price determined as specified in Article 5 of that Regulation.

| (4) | Import duties should be fixed for the period from 16 June 2013 and should apply until new import duties are fixed and enter into force. |
| --- | --- |

(4)

Import duties should be fixed for the period from 16 June 2013 and should apply until new import duties are fixed and enter into force.

| (5) | Given the need to ensure that this measure applies as soon as possible after the updated data have been made available, this Regulation should enter into force on the day of its publication, |
| --- | --- |

(5)

Given the need to ensure that this measure applies as soon as possible after the updated data have been made available, this Regulation should enter into force on the day of its publication,

HAS ADOPTED THIS REGULATION:

Article 1

From 16 June 2013, the import duties in the cereals sector referred to in Article 136(1) of Regulation (EC) No 1234/2007 shall be those fixed in Annex I to this Regulation on the basis of the information contained in Annex II.

Article 2

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

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

Done at Brussels, 14 June 2013.

For the Commission, On behalf of the President,

Jerzy PLEWA

Director-General for Agriculture and Rural Development

---

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

1

(2)  
  OJ L 187, 21.7.2010, p. 5.

2

---

ANNEX I

Import duties on the products referred to in Article 136(1) of Regulation (EC) No 1234/2007 applicable from 16 June 2013

| CN code | Description | Import duties (1)

  (EUR/t) |
| --- | --- | --- |
| 1001 19 00
  1001 11 00 | Durum wheat, high quality | 0,00 |
| medium quality | 0,00 |
| low quality | 0,00 |
| ex 1001 91 20 | Common wheat seed | 0,00 |
| ex 1001 99 00 | High quality common wheat other than for sowing | 0,00 |
| 1002 10 00
  1002 90 00 | Rye | 0,00 |
| 1005 10 90 | Maize seed other than hybrid | 0,00 |
| 1005 90 00 | Maize other than seed (2) | 0,00 |
| 1007 10 90
  1007 90 00 | Grain sorghum other than hybrids for sowing | 0,00 |

CN code

Description

Import duties (1)

(EUR/t)

1001 19 00

1001 11 00

Durum wheat, high quality

0,00

medium quality

0,00

low quality

0,00

ex 1001 91 20

Common wheat seed

0,00

ex 1001 99 00

High quality common wheat other than for sowing

0,00

1002 10 00

1002 90 00

Rye

0,00

1005 10 90

Maize seed other than hybrid

0,00

1005 90 00

Maize other than seed (2)

0,00

1007 10 90

1007 90 00

Grain sorghum other than hybrids for sowing

0,00

---

(1)  The importer may benefit, under Article 2(4) of Regulation (EU) No 642/2010, from a reduction in the duty of:

| — | EUR 3/t, where the port of unloading is located on the Mediterranean Sea (beyond the Strait of Gibraltar) or on the Black Sea, for goods arriving in the Union via the Atlantic Ocean or the Suez Canal, |
| --- | --- |

—

EUR 3/t, where the port of unloading is located on the Mediterranean Sea (beyond the Strait of Gibraltar) or on the Black Sea, for goods arriving in the Union via the Atlantic Ocean or the Suez Canal,

| — | EUR 2/t, where the port of unloading is located in Denmark, Estonia, Ireland, Latvia, Lithuania, Poland, Finland, Sweden, the United Kingdom or on the Atlantic coast of the Iberian Peninsula, for goods arriving in the Union via the Atlantic Ocean. |
| --- | --- |

—

EUR 2/t, where the port of unloading is located in Denmark, Estonia, Ireland, Latvia, Lithuania, Poland, Finland, Sweden, the United Kingdom or on the Atlantic coast of the Iberian Peninsula, for goods arriving in the Union via the Atlantic Ocean.

(2)  The importer may benefit from a flat-rate reduction of EUR 24/t where the conditions laid down in Article 3 of Regulation (EU) No 642/2010 are met.

---

ANNEX II

Factors for calculating the duties laid down in Annex I

31.5.2013-13.6.2013

| 1. | Averages over the reference period referred to in Article 2(2) of Regulation (EU) No 642/2010:










  (EUR/t) |
| --- | --- |
| | Common wheat (1) | Maize | Durum wheat, high quality | Durum wheat, medium quality (2) | Durum wheat, low quality (3) |
| Exchange | Minnéapolis | Chicago | — | — | — |
| Quotation | 241,96 | 196,60 | — | — | — |
| Fob price USA | — | — | 258,01 | 248,01 | 228,01 |
| Gulf of Mexico premium | — | 28,60 | — | — | — |
| Great Lakes premium | 32,01 | — | — | — | — |

1.

(EUR/t)

Common wheat (1)

Maize

Durum wheat, high quality

Durum wheat, medium quality (2)

Durum wheat, low quality (3)

Exchange

Minnéapolis

Chicago

—

—

—

Quotation

241,96

196,60

—

—

—

Fob price USA

—

—

258,01

248,01

228,01

Gulf of Mexico premium

—

28,60

—

—

—

Great Lakes premium

32,01

—

—

—

—

| 2. | Averages over the reference period referred to in Article 2(2) of Regulation (EU) No 642/2010:






  Freight costs: Gulf of Mexico-Rotterdam: | 16,03  EUR/t |
| --- | --- | --- |
| Freight costs: Great Lakes-Rotterdam: | 49,48  EUR/t |

2.

Freight costs: Gulf of Mexico-Rotterdam:

16,03  EUR/t

Freight costs: Great Lakes-Rotterdam:

49,48  EUR/t

---

(1)  Premium of EUR 14/t incorporated (Article 5(3) of Regulation (EU) No 642/2010).

(2)  Discount of EUR 10/t (Article 5(3) of Regulation (EU) No 642/2010).

(3)  Discount of EUR 30/t (Article 5(3) of Regulation (EU) No 642/2010).

---

DECISIONS

| 15.6.2013 | EN | Official Journal of the European Union | L 163/26 |
| --- | --- | --- | --- |

15.6.2013

EN

Official Journal of the European Union

L 163/26

---

COMMISSION IMPLEMENTING DECISION

of 13 June 2013

amending Decision 2011/30/EU on the equivalence of certain third country public oversight, quality assurance, investigation and penalty systems for auditors and audit entities and a transitional period for audit activities of certain third country auditors and audit entities in the European Union

(notified under document C(2013) 3491)

(Text with EEA relevance)

(2013/288/EU)

THE EUROPEAN COMMISSION,

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

Having regard to Directive 2006/43/EC of the European Parliament and of the Council of 17 May 2006 on statutory audits of annual accounts and consolidated accounts, amending Council Directives 78/660/EEC and 83/349/EEC and repealing Council Directive 84/253/EEC (1), and in particular the first subparagraph of Article 46(2) thereof,

Whereas:

| (1) | Commission Decision 2011/30/EU (2) allowed the auditors and audit entities from the third countries and territories listed in the Annex to that Decision to continue their activities in the Union in relation to audit reports concerning the annual or consolidated accounts for financial years starting during the period from 2 July 2010 to 31 July 2012. |
| --- | --- |

(1)

Commission Decision 2011/30/EU (2) allowed the auditors and audit entities from the third countries and territories listed in the Annex to that Decision to continue their activities in the Union in relation to audit reports concerning the annual or consolidated accounts for financial years starting during the period from 2 July 2010 to 31 July 2012.

| (2) | The Commission has carried out assessments of the public oversight, quality assurance, investigation and penalty systems for auditors and audit entities of the third countries and territories listed in the Annex to Decision 2011/30/EU. The assessments were carried out with the assistance of the European Group of Auditors’ Oversight Bodies. The public oversight, quality assurance, investigation and penalty systems for auditors and audit entities of those third countries and territories were assessed in the light of the criteria set out in Articles 29, 30 and 32 of Directive 2006/43/EC which govern the public oversight, quality assurance, investigation and penalty systems for auditors and audit firms of the Member States. The ultimate objective of cooperation between Member States and third country systems of public oversight, quality assurance, investigation and penalty for auditors and audit entities should be to reach mutual reliance on each other’s oversight systems based on their equivalence. |
| --- | --- |

(2)

The Commission has carried out assessments of the public oversight, quality assurance, investigation and penalty systems for auditors and audit entities of the third countries and territories listed in the Annex to Decision 2011/30/EU. The assessments were carried out with the assistance of the European Group of Auditors’ Oversight Bodies. The public oversight, quality assurance, investigation and penalty systems for auditors and audit entities of those third countries and territories were assessed in the light of the criteria set out in Articles 29, 30 and 32 of Directive 2006/43/EC which govern the public oversight, quality assurance, investigation and penalty systems for auditors and audit firms of the Member States. The ultimate objective of cooperation between Member States and third country systems of public oversight, quality assurance, investigation and penalty for auditors and audit entities should be to reach mutual reliance on each other’s oversight systems based on their equivalence.

| (3) | Following such assessments, it appears that Abu Dhabi, Brazil, Dubai International Financial Centre, Guernsey, Indonesia, Isle of Man, Jersey, Malaysia, Taiwan and Thailand have public oversight, quality assurance, investigation and penalty systems for auditors and audit entities that operate under similar rules to those set out in Articles 29, 30 and 32 of Directive 2006/43/EC. Therefore, it is appropriate to consider the public oversight, quality assurance, investigation and penalty systems for auditors and audit entities of those third countries as equivalent to the public oversight, quality assurance, investigation and penalty systems for auditors and audit firms of the Member States. |
| --- | --- |

(3)

Following such assessments, it appears that Abu Dhabi, Brazil, Dubai International Financial Centre, Guernsey, Indonesia, Isle of Man, Jersey, Malaysia, Taiwan and Thailand have public oversight, quality assurance, investigation and penalty systems for auditors and audit entities that operate under similar rules to those set out in Articles 29, 30 and 32 of Directive 2006/43/EC. Therefore, it is appropriate to consider the public oversight, quality assurance, investigation and penalty systems for auditors and audit entities of those third countries as equivalent to the public oversight, quality assurance, investigation and penalty systems for auditors and audit firms of the Member States.

| (4) | Bermuda, Cayman Islands, Egypt, Mauritius, New Zealand, Russia and Turkey have established or are in the process of establishing public oversight, quality assurance, investigation and penalty systems for auditors and audit entities. However, information about the functioning and the rules governing such systems is not sufficient to carry out an equivalence assessment. In order to carry out a further assessment for the purpose of taking a final equivalence decision in respect of such systems, there is a need to obtain additional information from those third countries and territories in order to better understand their system. Therefore, it is appropriate to extend the transitional period granted by Decision 2011/30/EU in respect of the auditors and audit entities that provide audit reports concerning the annual or consolidated accounts of companies incorporated in those third countries and territories. |
| --- | --- |

(4)

Bermuda, Cayman Islands, Egypt, Mauritius, New Zealand, Russia and Turkey have established or are in the process of establishing public oversight, quality assurance, investigation and penalty systems for auditors and audit entities. However, information about the functioning and the rules governing such systems is not sufficient to carry out an equivalence assessment. In order to carry out a further assessment for the purpose of taking a final equivalence decision in respect of such systems, there is a need to obtain additional information from those third countries and territories in order to better understand their system. Therefore, it is appropriate to extend the transitional period granted by Decision 2011/30/EU in respect of the auditors and audit entities that provide audit reports concerning the annual or consolidated accounts of companies incorporated in those third countries and territories.

| (5) | The auditors and audit entities that provide audit reports concerning the annual or consolidated accounts of companies incorporated in Hong Kong, India and Israel benefited from the transitional period granted by Decision 2011/30/EU. Since then, those third countries or territories have not established an independent system of public oversight, quality assurance, investigations and penalties. They have not provided information regarding their audit regulatory and oversight systems. Under these circumstances, it appears that those third countries or territories have not taken the necessary measures to have their audit regulation recognised by the Commission as equivalent to the public oversight, quality assurance, investigation and penalty systems for auditors and audit entities of the Member States. Therefore, the transitional period granted to them by Decision 2011/30/EU should not be extended in respect of the auditors and audit entities that provide audit reports concerning the annual or consolidated accounts of companies incorporated in those third countries. |
| --- | --- |

(5)

The auditors and audit entities that provide audit reports concerning the annual or consolidated accounts of companies incorporated in Hong Kong, India and Israel benefited from the transitional period granted by Decision 2011/30/EU. Since then, those third countries or territories have not established an independent system of public oversight, quality assurance, investigations and penalties. They have not provided information regarding their audit regulatory and oversight systems. Under these circumstances, it appears that those third countries or territories have not taken the necessary measures to have their audit regulation recognised by the Commission as equivalent to the public oversight, quality assurance, investigation and penalty systems for auditors and audit entities of the Member States. Therefore, the transitional period granted to them by Decision 2011/30/EU should not be extended in respect of the auditors and audit entities that provide audit reports concerning the annual or consolidated accounts of companies incorporated in those third countries.

| (6) | In order to protect investors, auditors and audit entities that provide audit reports concerning the annual or consolidated accounts of companies incorporated in the third countries listed in Annex II to this Decision should be able to continue their audit activities during the transitional period in the Union without being registered under Article 45 of Directive 2006/43/EC only if they provide the required information. Provided they give the information, those auditors and audit entities should be able to continue their activities in relation to audit reports concerning annual or consolidated accounts for financial years starting during the period from 1 August 2012 to 31 July 2015. This Decision should not affect the right of the Member States to apply their investigation and penalty systems in respect of such auditors and audit entities. |
| --- | --- |

(6)

In order to protect investors, auditors and audit entities that provide audit reports concerning the annual or consolidated accounts of companies incorporated in the third countries listed in Annex II to this Decision should be able to continue their audit activities during the transitional period in the Union without being registered under Article 45 of Directive 2006/43/EC only if they provide the required information. Provided they give the information, those auditors and audit entities should be able to continue their activities in relation to audit reports concerning annual or consolidated accounts for financial years starting during the period from 1 August 2012 to 31 July 2015. This Decision should not affect the right of the Member States to apply their investigation and penalty systems in respect of such auditors and audit entities.

| (7) | Decision 2011/30/EU should therefore be amended accordingly. |
| --- | --- |

(7)

Decision 2011/30/EU should therefore be amended accordingly.

| (8) | The measures provided for in this Decision are in accordance with the opinion of the Committee established by Article 48(1) of Directive 2006/43/EC, |
| --- | --- |

(8)

The measures provided for in this Decision are in accordance with the opinion of the Committee established by Article 48(1) of Directive 2006/43/EC,

HAS ADOPTED THIS DECISION:

Article 1

Decision 2011/30/EU is amended as follows:

| (1) | in Article 1, the following second paragraph is added:

  ‘For the purpose of Article 46(1) of Directive 2006/43/EC, the public oversight, quality assurance, investigation and penalty systems for auditors and audit entities of the following third countries and territories shall be considered equivalent to the public oversight, quality assurance, investigation and penalty systems for auditors and audit firms of the Member States in relation to audit activities concerning annual or consolidated accounts for financial years starting from 1 August 2012:






  (1) | Abu Dhabi; |
| --- | --- | --- |

(1)

in Article 1, the following second paragraph is added:

‘For the purpose of Article 46(1) of Directive 2006/43/EC, the public oversight, quality assurance, investigation and penalty systems for auditors and audit entities of the following third countries and territories shall be considered equivalent to the public oversight, quality assurance, investigation and penalty systems for auditors and audit firms of the Member States in relation to audit activities concerning annual or consolidated accounts for financial years starting from 1 August 2012:

(1)

Abu Dhabi;

| (2) | Brazil; |
| --- | --- |

(2)

Brazil;

| (3) | Dubai International Financial Centre; |
| --- | --- |

(3)

Dubai International Financial Centre;

| (4) | Guernsey; |
| --- | --- |

(4)

Guernsey;

| (5) | Indonesia; |
| --- | --- |

(5)

Indonesia;

| (6) | Isle of Man; |
| --- | --- |

(6)

Isle of Man;

| (7) | Jersey; |
| --- | --- |

(7)

Jersey;

| (8) | Malaysia; |
| --- | --- |

(8)

Malaysia;

| (9) | Taiwan; |
| --- | --- |

(9)

Taiwan;

| (10) | Thailand.’; |
| --- | --- |

(10)

Thailand.’;

| (2) | Article 2 is amended as follows:






  (a) | in the introductory phrase of paragraph 1 the words ‘the Annex’ are replaced by ‘Annex I’; |
| --- | --- | --- |

(2)

Article 2 is amended as follows:

(a)

in the introductory phrase of paragraph 1 the words ‘the Annex’ are replaced by ‘Annex I’;

| (b) | paragraphs 2, 3 and 4 are replaced by the following:

  ‘2.   Member States shall not apply Article 45 of Directive 2006/43/EC in relation to auditors and audit entities that provide audit reports concerning the annual or consolidated accounts of companies incorporated in the third countries and territories listed in Annex II to this Decision, as referred to in Article 45(1) of that Directive, for financial years starting during the period from 2 July 2010 to 31 July 2015, in cases where the auditor or audit entity concerned provides the competent authorities of the Member State with all of the following:






  (a) | the name and address of the auditor or audit entity concerned and information about its legal structure; |
| --- | --- | --- |

(b)

paragraphs 2, 3 and 4 are replaced by the following:

‘2.   Member States shall not apply Article 45 of Directive 2006/43/EC in relation to auditors and audit entities that provide audit reports concerning the annual or consolidated accounts of companies incorporated in the third countries and territories listed in Annex II to this Decision, as referred to in Article 45(1) of that Directive, for financial years starting during the period from 2 July 2010 to 31 July 2015, in cases where the auditor or audit entity concerned provides the competent authorities of the Member State with all of the following:

(a)

the name and address of the auditor or audit entity concerned and information about its legal structure;

| (b) | where the auditor or the audit entity belongs to a network, a description of the network; |
| --- | --- |

(b)

where the auditor or the audit entity belongs to a network, a description of the network;

| (c) | the auditing standards and independence requirements which have been applied to the audit concerned; |
| --- | --- |

(c)

the auditing standards and independence requirements which have been applied to the audit concerned;

| (d) | a description of the internal quality control system of the audit entity; |
| --- | --- |

(d)

a description of the internal quality control system of the audit entity;

| (e) | an indication of whether and when the last quality assurance review of the auditor or audit entity was carried out and, unless this information is being provided by the third country competent authority, the necessary information about the outcome of the review. Where the necessary information about the outcome of the last quality assurance review is not public, the competent authorities of Member States shall treat such information on a confidential basis. |
| --- | --- |

(e)

an indication of whether and when the last quality assurance review of the auditor or audit entity was carried out and, unless this information is being provided by the third country competent authority, the necessary information about the outcome of the review. Where the necessary information about the outcome of the last quality assurance review is not public, the competent authorities of Member States shall treat such information on a confidential basis.

3.   Member States shall ensure that the public is informed about the name and address of auditors and audit entities that provide audit reports concerning the annual or consolidated accounts of companies incorporated in the third countries listed in Annex II to this Decision and about the fact that the public oversight, quality assurance, investigation and penalty systems of those countries and territories are not yet recognised as equivalent under Article 46(2) of Directive 2006/43/EC. For those purposes, the competent authorities of Member States referred to in Article 45 of Directive 2006/43/EC may also register the auditors and audit entities that carry out audits of the annual or consolidated accounts of companies incorporated in the third countries listed in Annex II to this Decision.

4.   Notwithstanding paragraph 2, Member States may apply their investigation and penalty systems to the auditors and audit entities that carry out audits of the annual or consolidated accounts of companies incorporated in third countries listed in Annex II.’;

| (c) | the following paragraph 5 is added:

  ‘5.   Paragraph 2 shall be without prejudice to cooperative arrangements on quality assurance reviews between the competent authorities of a Member State and the competent authorities of a third country listed in Annex II provided that such an arrangement meets all the following criteria:






  (a) | it includes carrying out quality assurance reviews on the basis of equality of treatment; |
| --- | --- | --- |

(c)

the following paragraph 5 is added:

‘5.   Paragraph 2 shall be without prejudice to cooperative arrangements on quality assurance reviews between the competent authorities of a Member State and the competent authorities of a third country listed in Annex II provided that such an arrangement meets all the following criteria:

(a)

it includes carrying out quality assurance reviews on the basis of equality of treatment;

| (b) | it has been communicated in advance to the Commission; |
| --- | --- |

(b)

it has been communicated in advance to the Commission;

| (c) | it does not pre-empt any Commission decision under Article 47 of Directive 2006/43/EC.’; |
| --- | --- |

(c)

it does not pre-empt any Commission decision under Article 47 of Directive 2006/43/EC.’;

| (3) | Article 4 is replaced by the following:

  ‘Article 4
  Point 10 of the first paragraph of Article 1 shall cease to apply on 31 July 2013.’; |
| --- | --- |

(3)

Article 4 is replaced by the following:

‘Article 4

Point 10 of the first paragraph of Article 1 shall cease to apply on 31 July 2013.’;

| (4) | the Annex is replaced by Annex I to this Decision; |
| --- | --- |

(4)

the Annex is replaced by Annex I to this Decision;

| (5) | Annex II is added as set out in Annex II to this Decision. |
| --- | --- |

(5)

Annex II is added as set out in Annex II to this Decision.

Article 2

This Decision is addressed to the Member States.

Done at Brussels, 13 June 2013.

For the Commission

Michel BARNIER

Member of the Commission

---

(1)  
  OJ L 157, 9.6.2006, p. 87.

1

(2)  
  OJ L 15, 20.1.2011, p. 12.

2

---

ANNEX I

LIST OF THIRD COUNTRIES AND TERRITORIES

| | Abu Dhabi |
| --- | --- |

Abu Dhabi

| | Brazil |
| --- | --- |

Brazil

| | Dubai International Financial Centre |
| --- | --- |

Dubai International Financial Centre

| | Guernsey |
| --- | --- |

Guernsey

| | Hong Kong |
| --- | --- |

Hong Kong

| | India |
| --- | --- |

India

| | Indonesia |
| --- | --- |

Indonesia

| | Isle of Man |
| --- | --- |

Isle of Man

| | Israel |
| --- | --- |

Israel

| | Jersey |
| --- | --- |

Jersey

| | Malaysia |
| --- | --- |

Malaysia

| | Taiwan |
| --- | --- |

Taiwan

| | Thailand |
| --- | --- |

Thailand

---

ANNEX II

LIST OF THIRD COUNTRIES

| | Bermuda |
| --- | --- |

Bermuda

| | Cayman Islands |
| --- | --- |

Cayman Islands

| | Egypt |
| --- | --- |

Egypt

| | Mauritius |
| --- | --- |

Mauritius

| | New Zealand |
| --- | --- |

New Zealand

| | Russia |
| --- | --- |

Russia

| | Turkey |
| --- | --- |

Turkey

---

ACTS ADOPTED BY BODIES CREATED BY INTERNATIONAL AGREEMENTS

| 15.6.2013 | EN | Official Journal of the European Union | L 163/30 |
| --- | --- | --- | --- |

15.6.2013

EN

Official Journal of the European Union

L 163/30

---

DECISION No 2/2013 OF THE ACP-EU COMMITTEE OF AMBASSADORS

of 29 May 2013

appointing members to the Executive Board of the Technical Centre for Agricultural and Rural Cooperation (CTA)

(2013/289/EU)

THE ACP-EU COMMITTEE OF AMBASSADORS,

Having regard to the Partnership Agreement between the members of the African, Caribbean and Pacific Group of States of the one part, and the European Community and its Member States, of the other part, signed in Cotonou on 23 June 2000 (1), as first amended in Luxembourg on 25 June 2005 (2) and as amended for the second time in Ouagadougou on 22 June 2010 (3), and in particular Article 3(5) of Annex III thereof,

Having regard to Decision No 4/2006 of the ACP-EC Committee of Ambassadors of 27 September 2006 on the Statutes and Rules of Procedure of the Technical Centre for Agricultural and Rural Cooperation (CTA) (4), and in particular Article 4(3) thereof,

Whereas:

| (1) | The term of office of the members of the Executive Board of the Technical Centre for Agricultural and Rural Cooperation, as amended by Decision No 2/2011 of the ACP-EU Committee of Ambassadors (5), will expire on 21 May 2013. |
| --- | --- |

(1)

The term of office of the members of the Executive Board of the Technical Centre for Agricultural and Rural Cooperation, as amended by Decision No 2/2011 of the ACP-EU Committee of Ambassadors (5), will expire on 21 May 2013.

| (2) | It is therefore necessary to take a new decision, |
| --- | --- |

(2)

It is therefore necessary to take a new decision,

HAS DECIDED AS FOLLOWS:

Article 1

The term of office of the current members of the Executive Board of the Technical Centre for Agricultural and Rural Cooperation is extended for a period of 3 months, which will expire on 21 August 2013.

The composition of the CTA Executive Board is therefore as follows:

| — | Dr Daoussa BICHARA CHERIF (Chad), |
| --- | --- |

—

Dr Daoussa BICHARA CHERIF (Chad),

| — | Mr Kahijoro KAHUURE (Namibia), |
| --- | --- |

—

Mr Kahijoro KAHUURE (Namibia),

| — | Dr Faletoi Suavi TUILAEPA (Samoa), |
| --- | --- |

—

Dr Faletoi Suavi TUILAEPA (Samoa),

| — | Prof. Raul BRUNO DE SOUSA (Portugal), |
| --- | --- |

—

Prof. Raul BRUNO DE SOUSA (Portugal),

| — | Prof. Eric TOLLENS (Belgium), |
| --- | --- |

—

Prof. Eric TOLLENS (Belgium),

| — | Mr Edwin Anthony VOS (Netherlands). |
| --- | --- |

—

Mr Edwin Anthony VOS (Netherlands).

Article 2

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

Done at Brussels, 29 May 2013.

For the ACP-EU Committee of Ambassadors

The Chairman

S. O. OUTLULE

---

(1)  
  OJ L 317, 15.12.2000, p. 3.

1

(2)  Agreement amending the Partnership Agreement between the members of the African, Caribbean and Pacific Group of States, of the one part, and the European Community and its Member States, of the other part, signed in Cotonou on 23 June 2000 (OJ L 209, 11.8.2005, p. 27).

2

(3)  Agreement amending for the second time the Partnership Agreement between the members of the African, Caribbean and Pacific Group of States, of the one part, and the European Community and its Member States, of the other part, signed in Cotonou on 23 June 2000, as first amended in Luxembourg on 25 June 2005 (OJ L 287, 4.11.2010, p. 3).

3

(4)  
  OJ L 350, 12.12.2006, p. 10.

4

(5)  
  OJ L 110, 29.4.2011, p. 35.

5

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Corrigenda

| 15.6.2013 | EN | Official Journal of the European Union | L 163/31 |
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15.6.2013

EN

Official Journal of the European Union

L 163/31

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Corrigendum to Council Regulation (EC) No 1098/2007 of 18 September 2007 establishing a multiannual plan for the cod stocks in the Baltic Sea and the fisheries exploiting those stocks, amending Regulation (EEC) No 2847/93 and repealing Regulation (EC) No 779/97

(
  Official Journal of the European Union L 248 of 22 September 2007
  )

On page 10, Annex II, ‘Contents of national control action programmes’, point 2:

for:

‘Description of the systems implemented to ensure compliance with Articles 13, 14, 15 and 18.’,

read:

‘Description of the systems implemented to ensure compliance with Articles 12, 13, 14 and 17.’;

on page 10, Annex II, ‘Contents of national control action programmes’, point 3:

for:

‘Where relevant, a list of ports designated for cod landings in accordance with Article 19.’,

read:

‘Where relevant, a list of ports designated for cod landings in accordance with Article 18.’;

on page 10, Annex II, ‘Contents of national control action programmes’, point 4:

for:

‘Description of the systems implemented to ensure compliance with Article 17.’,

read:

‘Description of the systems implemented to ensure compliance with Article 16.’;

on page 10, Annex II, ‘Contents of national control action programmes’, point 5:

for:

‘Description of any facilities and or systems implemented to ensure compliance with the provisions in Articles 12, 16, 20, 22 and 23.’,

read:

‘Description of any facilities and/or systems implemented to ensure compliance with the provisions in Articles 11, 15, 19, 21 and 22.’.

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15.6.2013

| 15.6.2013 | EN | Official Journal of the European Union | L 163/s3 |
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EN

Official Journal of the European Union

L 163/s3

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