# Official Journal L 36/2013

| | ISSN 1977-0677
  doi:10.3000/19770677.L_2013.036.eng |
| --- | --- |
| Official Journal
  of the European Union | L 36 |
| | |
| English edition | Legislation | Volume 567 February 2013 |

ISSN 1977-0677

doi:10.3000/19770677.L_2013.036.eng

Official Journal

of the European Union

L 36

English edition

Legislation

Volume 567 February 2013

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| Contents | | II   Non-legislative acts | page |
| --- | --- | --- | --- |
| | | REGULATIONS |
| | * | Commission Implementing Regulation (EU) No 110/2013 of 6 February 2013 entering a name in the register of protected designations of origin and protected geographical indications [Gruyère (PGI)] | 1 |
| | | Commission Implementing Regulation (EU) No 111/2013 of 6 February 2013 establishing the standard import values for determining the entry price of certain fruit and vegetables | 3 |

Contents

II   Non-legislative acts

page

REGULATIONS

*

Commission Implementing Regulation (EU) No 110/2013 of 6 February 2013 entering a name in the register of protected designations of origin and protected geographical indications [Gruyère (PGI)]

1

Commission Implementing Regulation (EU) No 111/2013 of 6 February 2013 establishing the standard import values for determining the entry price of certain fruit and vegetables

3

| | | III   Other acts |
| --- | --- | --- |
| | | EUROPEAN ECONOMIC AREA |
| | * | Decision of the Standing Committee of the EFTA States No 3/2012/SC of 26 October 2012 laying down procedures for committees assisting the EFTA Surveillance Authority in carrying out its functions under Article 3 of Protocol 1 to the Agreement between the EFTA States on the Establishment of a Surveillance Authority and a Court of Justice | 5 |
| | * | Decision of the Standing Committee of the EFTA States No 4/2012/SC of 26 October 2012 designating committees to assist the EFTA Surveillance Authority in carrying out its functions under Article 3 of Protocol 1 to the Agreement between the EFTA States on the Establishment of a Surveillance Authority and a Court of Justice and repealing certain Standing Committee Decisions | 8 |

III   Other acts

EUROPEAN ECONOMIC AREA

*

Decision of the Standing Committee of the EFTA States No 3/2012/SC of 26 October 2012 laying down procedures for committees assisting the EFTA Surveillance Authority in carrying out its functions under Article 3 of Protocol 1 to the Agreement between the EFTA States on the Establishment of a Surveillance Authority and a Court of Justice

5

*

Decision of the Standing Committee of the EFTA States No 4/2012/SC of 26 October 2012 designating committees to assist the EFTA Surveillance Authority in carrying out its functions under Article 3 of Protocol 1 to the Agreement between the EFTA States on the Establishment of a Surveillance Authority and a Court of Justice and repealing certain Standing Committee Decisions

8

| | | Corrigenda |
| --- | --- | --- |
| | * | Corrigendum to Commission Regulation (EU) No 1072/2012 of 14 November 2012 imposing a provisional anti-dumping duty on imports of ceramic tableware and kitchenware originating in the People’s Republic of China ( OJ L 318, 15.11.2012 ) | 11 |

Corrigenda

*

Corrigendum to Commission Regulation (EU) No 1072/2012 of 14 November 2012 imposing a provisional anti-dumping duty on imports of ceramic tableware and kitchenware originating in the People’s Republic of China ( OJ L 318, 15.11.2012 )

( OJ L 318, 15.11.2012 )

11

| 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

| 7.2.2013 | EN | Official Journal of the European Union | L 36/1 |
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7.2.2013

EN

Official Journal of the European Union

L 36/1

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COMMISSION IMPLEMENTING REGULATION (EU) No 110/2013

of 6 February 2013

entering a name in the register of protected designations of origin and protected geographical indications [Gruyère (PGI)]

THE EUROPEAN COMMISSION,

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

Having regard to Regulation (EU) No 1151/2012 of the European Parliament and of the Council of 21 November 2012 on quality schemes for agricultural products and foodstuffs (1), and in particular Article 52(3)(b) thereof,

Whereas:

| (1) | Pursuant to Article 6(2) of Council Regulation (EC) No 510/2006 of 20 March 2006 on the protection of geographical indications and designations of origin for agricultural products and foodstuffs (2), France’s application to register the name ‘Gruyère’ as a protected geographical indication (PGI) was published in the Official Journal of the European Union (3). |
| --- | --- |

(1)

Pursuant to Article 6(2) of Council Regulation (EC) No 510/2006 of 20 March 2006 on the protection of geographical indications and designations of origin for agricultural products and foodstuffs (2), France’s application to register the name ‘Gruyère’ as a protected geographical indication (PGI) was published in the Official Journal of the European Union (3).

| (2) | Australia, New Zealand and the US Dairy Export Council together with the National Milk Producers Federation of the United States submitted objections to the registration pursuant to Article 7(2) of Regulation (EC) No 510/2006. These objections were deemed admissible under Article 7(3) of that Regulation. |
| --- | --- |

(2)

Australia, New Zealand and the US Dairy Export Council together with the National Milk Producers Federation of the United States submitted objections to the registration pursuant to Article 7(2) of Regulation (EC) No 510/2006. These objections were deemed admissible under Article 7(3) of that Regulation.

| (3) | The objections concerned non-compliance with the conditions laid down in Article 2 of Regulation (EC) No 510/2006, in particular as regards the fact that the name does not refer to a geographical area. The generic nature of the name and the harm caused to names, trademarks and products that have been legally on the market for at least five years preceding the date of publication provided for in Article 6(2) were also invoked. The objections further claimed that registration of the name in question would be contrary to Article 3(3) of Regulation (EC) No 510/2006. |
| --- | --- |

(3)

The objections concerned non-compliance with the conditions laid down in Article 2 of Regulation (EC) No 510/2006, in particular as regards the fact that the name does not refer to a geographical area. The generic nature of the name and the harm caused to names, trademarks and products that have been legally on the market for at least five years preceding the date of publication provided for in Article 6(2) were also invoked. The objections further claimed that registration of the name in question would be contrary to Article 3(3) of Regulation (EC) No 510/2006.

| (4) | By letters of 23 May 2011, the Commission asked France and the objectors to seek agreement among themselves. |
| --- | --- |

(4)

By letters of 23 May 2011, the Commission asked France and the objectors to seek agreement among themselves.

| (5) | Given that no agreement was reached within the designated timeframe, the Commission should adopt a decision. |
| --- | --- |

(5)

Given that no agreement was reached within the designated timeframe, the Commission should adopt a decision.

| (6) | Concerning the alleged failure of the name ‘Gruyère’ to comply with Article 2 of Regulation (EC) No 510/2006, it should be noted that this name is a traditional name within the meaning of Article 2(2) of Regulation (EC) No 510/2006 and may therefore be registered. |
| --- | --- |

(6)

Concerning the alleged failure of the name ‘Gruyère’ to comply with Article 2 of Regulation (EC) No 510/2006, it should be noted that this name is a traditional name within the meaning of Article 2(2) of Regulation (EC) No 510/2006 and may therefore be registered.

| (7) | The objectors submitted several pieces of evidence that show, according to them, that the name in question is generic. It is, however, clear that the inclusion of a term given in Annex B to the Stresa Convention of 1951 does not imply that the said term has become ipso facto generic. Tariff codes and other similar provisions regarding the name ‘Gruyère’ relate specifically to customs issues and are therefore in no way relevant to the protection of intellectual property rights or to consumer protection. Furthermore, the data submitted concerning, in particular, the production of ‘Gruyère’ outside the European Union are not relevant considering the principle of territoriality, according to which the generic nature of a name must be evaluated in relation to the territory of the EU. |
| --- | --- |

(7)

The objectors submitted several pieces of evidence that show, according to them, that the name in question is generic. It is, however, clear that the inclusion of a term given in Annex B to the Stresa Convention of 1951 does not imply that the said term has become ipso facto generic. Tariff codes and other similar provisions regarding the name ‘Gruyère’ relate specifically to customs issues and are therefore in no way relevant to the protection of intellectual property rights or to consumer protection. Furthermore, the data submitted concerning, in particular, the production of ‘Gruyère’ outside the European Union are not relevant considering the principle of territoriality, according to which the generic nature of a name must be evaluated in relation to the territory of the EU.

| (8) | The registration of homonymous names is authorised on condition that the name registered subsequently is sufficiently distinct in practice from the name already subject to protection. In accordance with the joint statement annexed to the agreement between the European Union and Switzerland on geographical indications (4), France and Switzerland have been consulted in order to identify any additional labelling measures necessary in order to avoid misleading consumers. |
| --- | --- |

(8)

The registration of homonymous names is authorised on condition that the name registered subsequently is sufficiently distinct in practice from the name already subject to protection. In accordance with the joint statement annexed to the agreement between the European Union and Switzerland on geographical indications (4), France and Switzerland have been consulted in order to identify any additional labelling measures necessary in order to avoid misleading consumers.

| (9) | As a result of these consultations it appeared necessary to indicate the country of origin, in this case France, on the label in the same field of vision as the name ‘Gruyère’, in letters of the same size as those of the name. In addition, the use of any flags, emblems, signs or other graphic representations on the labels should be prohibited if it might mislead consumers, in particular as regards the characteristics, origin or provenance of the product. |
| --- | --- |

(9)

As a result of these consultations it appeared necessary to indicate the country of origin, in this case France, on the label in the same field of vision as the name ‘Gruyère’, in letters of the same size as those of the name. In addition, the use of any flags, emblems, signs or other graphic representations on the labels should be prohibited if it might mislead consumers, in particular as regards the characteristics, origin or provenance of the product.

| (10) | In the light of the above, the name ‘Gruyère’ should be entered in the ‘register of protected designations of origin and protected geographical indications’. |
| --- | --- |

(10)

In the light of the above, the name ‘Gruyère’ should be entered in the ‘register of protected designations of origin and protected geographical indications’.

| (11) | The granting and duration of the five-year transitional period referred to in Article 8(3) of the Agreement between the European Union and the Swiss Confederation is not being called into question by the registration of the name ‘Gruyère’ for France under this Regulation. |
| --- | --- |

(11)

The granting and duration of the five-year transitional period referred to in Article 8(3) of the Agreement between the European Union and the Swiss Confederation is not being called into question by the registration of the name ‘Gruyère’ for France under this Regulation.

| (12) | The measures provided for in this Regulation are in accordance with the opinion of the Standing Committee on Protected Geographical Indications and Protected Designations of Origin, |
| --- | --- |

(12)

The measures provided for in this Regulation are in accordance with the opinion of the Standing Committee on Protected Geographical Indications and Protected Designations of Origin,

HAS ADOPTED THIS REGULATION:

Article 1

The name contained in the Annex to this Regulation is hereby entered in the register.

Article 2

Labels featuring the name contained in the Annex to this Regulation shall indicate the country of origin in question in the same field of vision, in letters of the same size as those of the name.

The use of any flags, emblems, signs or other graphic representations on the labels that might mislead consumers, in particular as regards the characteristics, origin or provenance of the product, is prohibited.

Article 3

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, 6 February 2013.

For the Commission

The President

José Manuel BARROSO

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(1)  
  OJ L 343, 14.12.2012, p. 1.

1

(2)  
  OJ L 93, 31.3.2006, p. 12.

2

(3)  
  OJ C 298, 4.11.2010, p. 14.

3

(4)  
  OJ L 297, 16.11.2011, p. 3.

4

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ANNEX

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

Class 1.3.   Cheeses

FRANCE

Gruyère (PGI)

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| 7.2.2013 | EN | Official Journal of the European Union | L 36/3 |
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7.2.2013

EN

Official Journal of the European Union

L 36/3

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COMMISSION IMPLEMENTING REGULATION (EU) No 111/2013

of 6 February 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, 6 February 2013.

For the Commission, On behalf of the President,

José Manuel SILVA RODRÍGUEZ

Director-General for Agriculture and Rural Development

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

1

(2)  
  OJ L 157, 15.6.2011, p. 1.

2

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ANNEX

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

| (EUR/100 kg) |
| --- |
| CN code | Third country code (1) | Standard import value |
| 0702 00 00 | MA | 45,6 |
| PS | 160,8 |
| TN | 91,4 |
| TR | 106,5 |
| ZZ | 101,1 |
| 0707 00 05 | EG | 200,0 |
| TR | 168,5 |
| ZZ | 184,3 |
| 0709 91 00 | EG | 97,7 |
| ZZ | 97,7 |
| 0709 93 10 | MA | 47,5 |
| TR | 139,5 |
| ZZ | 93,5 |
| 0805 10 20 | EG | 54,1 |
| IL | 64,5 |
| MA | 47,7 |
| TN | 44,3 |
| TR | 64,9 |
| ZZ | 55,1 |
| 0805 20 10 | IL | 130,2 |
| MA | 91,1 |
| ZZ | 110,7 |
| 0805 20 30 , 0805 20 50 , 0805 20 70 , 0805 20 90 | IL | 125,6 |
| KR | 134,4 |
| MA | 113,6 |
| TR | 62,7 |
| ZZ | 109,1 |
| 0805 50 10 | TR | 69,3 |
| ZZ | 69,3 |
| 0808 10 80 | CN | 77,6 |
| MK | 25,7 |
| US | 178,2 |
| ZZ | 93,8 |
| 0808 30 90 | CN | 56,0 |
| TR | 158,2 |
| US | 140,7 |
| ZA | 106,0 |
| ZZ | 115,2 |

(EUR/100 kg)

CN code

Third country code (1)

Standard import value

0702 00 00

MA

45,6

PS

160,8

TN

91,4

TR

106,5

ZZ

101,1

0707 00 05

EG

200,0

TR

168,5

ZZ

184,3

0709 91 00

EG

97,7

ZZ

97,7

0709 93 10

MA

47,5

TR

139,5

ZZ

93,5

0805 10 20

EG

54,1

IL

64,5

MA

47,7

TN

44,3

TR

64,9

ZZ

55,1

0805 20 10

IL

130,2

MA

91,1

ZZ

110,7

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

IL

125,6

KR

134,4

MA

113,6

TR

62,7

ZZ

109,1

0805 50 10

TR

69,3

ZZ

69,3

0808 10 80

CN

77,6

MK

25,7

US

178,2

ZZ

93,8

0808 30 90

CN

56,0

TR

158,2

US

140,7

ZA

106,0

ZZ

115,2

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(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’.

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III Other acts

EUROPEAN ECONOMIC AREA

| 7.2.2013 | EN | Official Journal of the European Union | L 36/5 |
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7.2.2013

EN

Official Journal of the European Union

L 36/5

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DECISION OF THE STANDING COMMITTEE OF THE EFTA STATES

No 3/2012/SC

of 26 October 2012

laying down procedures for committees assisting the EFTA Surveillance Authority in carrying out its functions under Article 3 of Protocol 1 to the Agreement between the EFTA States on the Establishment of a Surveillance Authority and a Court of Justice

THE STANDING COMMITTEE OF THE EFTA STATES,

Having regard to the Agreement between the EFTA States on the Establishment of a Surveillance Authority and a Court of Justice as adjusted by the Protocol Adjusting the Agreement between the EFTA States on the Establishment of a Surveillance Authority and a Court of Justice, hereinafter referred to as the Surveillance and Court Agreement, and in particular Article 3 Protocol 1 thereto;

Whereas:

The European Parliament and the Council in certain legal acts confer on the European Commission powers for the implementation of the rules contained therein. Article 291 of the Treaty on the Functioning of the European Union requires the European Parliament and the Council to lay down the rules and general principles concerning mechanisms for control by Member States of the Commission’s exercise of implementing powers;

The European Parliament and the Council in Regulation (EU) No 182/2011 of 16 February 2011 laying down the rules and general principles concerning mechanisms for control by Member States of the Commission’s exercise of implementing powers (1), have laid down those rules and general principles;

Article 3 of Protocol 1 to the Surveillance and Court Agreement entrusts the EFTA Surveillance Authority with certain functions which within the European Union are carried out by the European Commission; whereas the European Commission when carrying out certain of these functions has to follow procedures in respect of the exercise of its implementing powers. According to those procedures the European Commission has to submit a draft measure to be taken to a committee;

Article 3 of Protocol 1 to the Surveillance and Court Agreement provides that the Standing Committee shall lay down the procedures to be followed when the EFTA Surveillance Authority must submit a draft measure to or otherwise consult with a committee;

Those procedures shall be identical to or correspond most closely to those which the European Commission, according to the acts referred to in the Annexes to the EEA Agreement, shall follow when carrying out the corresponding functions;

The designation of the committees among the EFTA States, corresponding to the relevant European Union committees, is subject to separate decisions by the Standing Committee under Article 5(2) of the Agreement on a Standing Committee of the EFTA States seised by a proposal made by the EFTA Surveillance Authority,

HAS DECIDED AS FOLLOWS:

Article 1

Common provisions

1.   The EFTA Surveillance Authority shall be assisted by a committee composed of representatives of the EFTA States and chaired by a representative of the EFTA Surveillance Authority. The chair shall not take part in the committee vote.

2.   The chair shall submit to the committee a draft of the measures to be taken for examination. The committee shall deliver its opinion on the draft measures within a time limit which the chair may lay down according to the urgency of the matter, if necessary by taking a vote. Time limits shall be proportionate and shall afford committee members early and effective opportunities to examine the draft measures and express their views.

3.   Until an opinion has been delivered, any committee member may suggest amendments and the chair may present amended versions of the draft measures in order to take into account the discussions within the committee. The chair shall endeavour to find solutions which command the widest possible support within the committee. For that purpose, the chair may convene several meetings of the committee.

4.   The committee’s opinion shall be recorded in the minutes; in addition, each EFTA State shall have the right to ask to have its position recorded in the minutes.

5.   Where applicable, the control mechanism shall include referral to an appeal committee. The appeal committee shall adopt its own rules of procedure by simple majority of its members. The EFTA Surveillance Authority shall submit a proposal to the committee for rules of procedure. The appeal committee shall deliver its opinion within two months of referral. A representative of the EFTA Surveillance Authority shall chair the appeal committee.

Article 2

Advisory procedure

1.   Where the advisory procedure applies, the committee shall deliver its opinion, if necessary by taking a vote. In the case a vote is needed, the opinion of the committee shall be delivered by a simple majority.

2.   The EFTA Surveillance Authority shall decide on the measures to be taken, taking the utmost account of the conclusions drawn from the discussions within the committee and of the opinion delivered. It shall inform the committee of the manner in which the opinion has been taken into account.

Article 3

Examination procedure

1.   Where the examination procedure applies, the committee shall deliver its opinion, if necessary by taking a vote. In the case a vote is needed the opinion of the committee shall be delivered by a simple majority.

2.   Where the committee delivers a positive opinion the EFTA Surveillance Authority shall adopt the draft measures envisaged.

3.   Where the committee delivers a negative opinion, the EFTA Surveillance Authority shall not adopt those measures. In the case the draft measures are deemed to be necessary, the chair may either submit an amended version of the draft measures to the committee or submit the draft measures to the appeal committee for further deliberation.

4.   If no opinion is delivered, the EFTA Surveillance Authority may adopt the measures envisaged unless the basic act provides that the draft measures may not be adopted where no opinion is delivered.

Article 4

Referral to the appeal committee

1.   The appeal committee shall consist of one representative from each EFTA State and be chaired by a representative of the EFTA Surveillance Authority. Members of the committee assisting the EFTA Surveillance Authority (Article 1) shall not be members of the appeal committee. The appeal committee shall deliver its opinion by a simple majority. The chair of the appeal committee shall not take part in the appeal committee vote.

2.   Until an opinion is delivered, any member of the appeal committee may suggest amendments to the draft measures and the chair may decide whether or not to modify them. The chair shall endeavour to find solutions which command the widest possible support within the appeal committee. The chair shall inform the appeal committee of the manner in which the discussions and suggestions for amendments have been taken into account, in particular as regards suggestions for amendments that have been largely supported within the appeal committee.

3.   Where the appeal committee:

| a) | delivers a positive opinion, the EFTA Surveillance Authority shall adopt the draft measures. |
| --- | --- |

a)

delivers a positive opinion, the EFTA Surveillance Authority shall adopt the draft measures.

| b) | delivers no opinion, the EFTA Surveillance Authority may adopt the draft measures. |
| --- | --- |

b)

delivers no opinion, the EFTA Surveillance Authority may adopt the draft measures.

| c) | delivers a negative opinion, the EFTA Surveillance Authority shall not adopt the draft measures. |
| --- | --- |

c)

delivers a negative opinion, the EFTA Surveillance Authority shall not adopt the draft measures.

Article 5

Immediately applicable measures

1.   By way of derogation from Articles 2 and 3, a basic act may provide that, on duly justified imperative grounds of urgency, that immediately applicable implementing measures are needed.

2.   The EFTA Surveillance Authority shall then adopt measures which shall apply immediately without their prior submission to a committee and shall remain in force for a period not exceeding six months unless the basic act provides otherwise.

3.   The chair shall without delay submit the measures referred to in paragraph 1 to the relevant committee in order to obtain its opinion in accordance with the procedure applying to this committee.

4.   In the case of the examination procedure, where the measures are not in accordance with the opinion of the committee, the EFTA Surveillance Authority shall immediately repeal the measures adopted in accordance with paragraph 1.

5.   The measures referred to in paragraph 1 shall remain in force until they are repealed or replaced.

Article 6

Repeal of SCD No 3/94/SC of 10 January 1994

Decision of the Standing Committee of the EFTA States No 3/94/SC of 10 January 1994 is hereby repealed.

Article 7

Transitional provisions: adaptation of existing basic acts

Where basic acts adopted before the entry into force of Regulation (EU) No 182/2011 of 16 February 2011 refer to Decision 1999/486/EC, the following shall apply:

| (a) | references to Article 3 of Decision 1999/486/EC shall be understood as references to Article 2 (advisory procedure) of this Decision; |
| --- | --- |

(a)

references to Article 3 of Decision 1999/486/EC shall be understood as references to Article 2 (advisory procedure) of this Decision;

| (b) | references to Articles 4 and 5 of Decision 1999/486/EC shall be understood as references to Article 3 (examination procedure) of this Decision. |
| --- | --- |

(b)

references to Articles 4 and 5 of Decision 1999/486/EC shall be understood as references to Article 3 (examination procedure) of this Decision.

Article 8

Transitional arrangement

This Decision shall not affect pending procedures in which a committee has already delivered its opinion in accordance with Standing Committee Decision No 3/94/SC.

Article 9

Information on committee proceedings

The EFTA Surveillance Authority shall report annually on the work of the committees.

Article 10

Entry into force

This Decision shall enter into force on the day of adoption.

Article 11

Publication

This Decision shall be published in the EEA Section of, and in the EEA Supplement to, the Official Journal of the European Union.

Official Journal of the European Union

Done at Brussels, 26 October 2012.

For the Standing Committee

The Chair

Atle LEIKVOLL

The Secretary-General

Kristinn F. ÁRNASON

---

(1)  
  OJ L 55, 28.2.2011, p.13

1

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| 7.2.2013 | EN | Official Journal of the European Union | L 36/8 |
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7.2.2013

EN

Official Journal of the European Union

L 36/8

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DECISION OF THE STANDING COMMITTEE OF THE EFTA STATES

No 4/2012/SC

of 26 October 2012

designating committees to assist the EFTA Surveillance Authority in carrying out its functions under Article 3 of Protocol 1 to the Agreement between the EFTA States on the Establishment of a Surveillance Authority and a Court of Justice and repealing certain Standing Committee Decisions

THE STANDING COMMITTEE OF THE EFTA STATES,

Having regard to the Agreement on a Standing Committee of the EFTA States and in particular its Article 5(2);

Having regard to the proposal from the EFTA Surveillance Authority;

Whereas:

| (1) | Article 3 of Protocol 1 of the Agreement between the EFTA States on the Establishment of a Surveillance Authority and a Court of Justice as adjusted by the Protocol Adjusting the Agreement between the EFTA States on the Establishment of a Surveillance Authority and a Court of Justice, “the Surveillance and Court Agreement”, lays down that where in an act referred to in the Annexes to the EEA Agreement containing the procedures described in Article 1, the European Commission shall submit a draft measure to be taken to, or otherwise consult, an EU committee, the EFTA Surveillance Authority shall, according to corresponding procedures to be laid down by the Standing Committee, consult a corresponding committee, if any, set up or designated in accordance with the Agreement on a Standing Committee of the EFTA States. |
| --- | --- |

(1)

Article 3 of Protocol 1 of the Agreement between the EFTA States on the Establishment of a Surveillance Authority and a Court of Justice as adjusted by the Protocol Adjusting the Agreement between the EFTA States on the Establishment of a Surveillance Authority and a Court of Justice, “the Surveillance and Court Agreement”, lays down that where in an act referred to in the Annexes to the EEA Agreement containing the procedures described in Article 1, the European Commission shall submit a draft measure to be taken to, or otherwise consult, an EU committee, the EFTA Surveillance Authority shall, according to corresponding procedures to be laid down by the Standing Committee, consult a corresponding committee, if any, set up or designated in accordance with the Agreement on a Standing Committee of the EFTA States.

| (2) | The European Parliament and the Council in Regulation (EU) No 182/2011 of 16 February 2011 laying down the rules and general principles concerning mechanisms for control by Member States of the Commission’s exercise of implementing powers (1), have laid down the rules and general principles concerning the rules and general principles governing the mechanisms which apply where a legally binding Union act (a ‘basic act’) identifies the need for uniform conditions of implementation and requires that the adoption of implementing acts by the Commission be subject to the control of Member States; |
| --- | --- |

(2)

The European Parliament and the Council in Regulation (EU) No 182/2011 of 16 February 2011 laying down the rules and general principles concerning mechanisms for control by Member States of the Commission’s exercise of implementing powers (1), have laid down the rules and general principles concerning the rules and general principles governing the mechanisms which apply where a legally binding Union act (a ‘basic act’) identifies the need for uniform conditions of implementation and requires that the adoption of implementing acts by the Commission be subject to the control of Member States;

| (3) | The Standing Committee of the EFTA States has laid down the general rules describing the procedures to be followed when committees assist the EFTA Surveillance Authority in Standing Committee Decision No 3/2012 (new comitology procedures) in order to align those procedures with those adopted in Regulation (EU) No 182/2011; |
| --- | --- |

(3)

The Standing Committee of the EFTA States has laid down the general rules describing the procedures to be followed when committees assist the EFTA Surveillance Authority in Standing Committee Decision No 3/2012 (new comitology procedures) in order to align those procedures with those adopted in Regulation (EU) No 182/2011;

| (4) | Some Standing Committee Decisions currently in force which designate committees to assist the EFTA Surveillance Authority refer to obsolete legal acts which have been repealed from the EEA Agreement and may refer to procedures which have been modified as a result of the entry into force of Regulation (EU) No 182/2011. It is thus necessary to update all the current decisions designating committees adopted by the Standing Committee under Article 5(2) of the Agreement on a Standing Committee of the EFTA States and to indicate the procedure to be followed by the EFTA Surveillance Authority in each specific case. |
| --- | --- |

(4)

Some Standing Committee Decisions currently in force which designate committees to assist the EFTA Surveillance Authority refer to obsolete legal acts which have been repealed from the EEA Agreement and may refer to procedures which have been modified as a result of the entry into force of Regulation (EU) No 182/2011. It is thus necessary to update all the current decisions designating committees adopted by the Standing Committee under Article 5(2) of the Agreement on a Standing Committee of the EFTA States and to indicate the procedure to be followed by the EFTA Surveillance Authority in each specific case.

| (5) | In order to simplify and clarify the process of designation of the committees, all committees to which the EFTA Surveillance Authority must submit draft measures or must otherwise consult are hereby designated in a single decision and the separate decisions currently in force should be repealed. |
| --- | --- |

(5)

In order to simplify and clarify the process of designation of the committees, all committees to which the EFTA Surveillance Authority must submit draft measures or must otherwise consult are hereby designated in a single decision and the separate decisions currently in force should be repealed.

| (6) | It is unnecessary, however, to designate the committees to assist the Authority in the exercise of its powers in the field of competition and state aid as those committees are already designated and established by Protocols 3 and 4 to the Agreement between the EFTA States on the establishment of a Surveillance Authority and a Court of Justice. |
| --- | --- |

(6)

It is unnecessary, however, to designate the committees to assist the Authority in the exercise of its powers in the field of competition and state aid as those committees are already designated and established by Protocols 3 and 4 to the Agreement between the EFTA States on the establishment of a Surveillance Authority and a Court of Justice.

| (7) | The procedure applicable when the EU Commission must submit a draft measure to be taken to or otherwise consult a committee is set out in the act in question. The procedure applicable to the EFTA Surveillance Authority when it shall do so in accordance with an act referred to in the Annexes to the EEA Agreement must be the procedure laid down in the Decision of the Standing Committee of the EFTA States No 3/2012 (deciding the comitology procedures) which most closely corresponds to the procedure laid down in the act referred to in the Annexes to the EEA Agreement. Consequently, it is unnecessary to specify the procedure applicable to the committee upon its designation. |
| --- | --- |

(7)

The procedure applicable when the EU Commission must submit a draft measure to be taken to or otherwise consult a committee is set out in the act in question. The procedure applicable to the EFTA Surveillance Authority when it shall do so in accordance with an act referred to in the Annexes to the EEA Agreement must be the procedure laid down in the Decision of the Standing Committee of the EFTA States No 3/2012 (deciding the comitology procedures) which most closely corresponds to the procedure laid down in the act referred to in the Annexes to the EEA Agreement. Consequently, it is unnecessary to specify the procedure applicable to the committee upon its designation.

| (8) | As for existing acts, Article 13 of Regulation (EU) No 182/2011 lays down certain transitional measures for the adaptation of the existing basic acts in the EU legal order which obviate the need for a modification of each of those acts. Article 7 of Standing Committee Decision No 3/2012 (new comitology procedures) contains a similar provision on the adaptation of existing procedures. |
| --- | --- |

(8)

As for existing acts, Article 13 of Regulation (EU) No 182/2011 lays down certain transitional measures for the adaptation of the existing basic acts in the EU legal order which obviate the need for a modification of each of those acts. Article 7 of Standing Committee Decision No 3/2012 (new comitology procedures) contains a similar provision on the adaptation of existing procedures.

| (9) | The EFTA Surveillance Authority will propose to the Committees standard rules of procedure for them to adopt. |
| --- | --- |

(9)

The EFTA Surveillance Authority will propose to the Committees standard rules of procedure for them to adopt.

HAS DECIDED AS FOLLOWS:

Article 1

Designation of Committees

1.   The committees listed in the Annex to this Decision are designated to assist the EFTA Surveillance Authority in carrying out its functions under Article 3 of Protocol 1 to the Surveillance and Court Agreement.

2.   When the committees assist the EFTA Surveillance Authority, they shall do so in accordance with the Decision of the Standing Committee of the EFTA States No 3/2012 (deciding the comitology procedures).

Article 2

Applicable procedure

When the EFTA Surveillance Authority must, in accordance with an act referred to in the Annexes to the EEA Agreement, submit a draft measure to be taken to or otherwise consult a committee, it shall do so according to the procedure laid down in the Decision of the Standing Committee of the EFTA States No 3/2012 (deciding the comitology procedures) which most closely corresponds to the procedure laid down in the act referred to in the Annexes to the EEA Agreement.

Article 3

Repeal of Standing Committee Decisions

Standing Committee Decisions Nos 6/94/SC, 8/94/SC, 9/94/SC, 10/94/SC, 11/94/SC, 12/94/SC, 14/94/SC, 15/94/SC, 2/2000/SC, 3/2000/SC, 3/2001/SC, 1/2003/SC, 2/2004/SC, 3/2004/SC, 1/2005/SC, 4/2005/SC, 2/2006/SC, 3/2006/SC, 2/2007/SC, 3/2008/SC, 4/2008/SC, 1/2009/SC, 4/2009/SC, 6/2009/SC, 7/2009/SC, 8/2009/SC, 9/2009/SC, 4/2010/SC and 2/2012/SC are hereby repealed.

Article 4

Entry into force

This Decision shall enter into force on the day of adoption.

Article 5

This Decision shall be published in the EEA Section of, and in the EEA Supplement to, the Official Journal of the European Union.

Done at Brussels, 26 October 2012.

For the Standing Committee

The Chair

Atle LEIKVOLL

The Secretary-General

Kristinn F. ÁRNASON

---

(1)  
  OJ L 55, 28.2.2011, p. 13

1

---

ANNEX

| | NAME OF COMMITTEE | LEGAL ACT |
| --- | --- | --- |
| 1 | EFTA Veterinary and Phytosanitary Committee | Relevant acts mentioned under Annex I (Veterinary and Phytosanitary Matters) to the EEA Agreement. |
| 2 | EFTA Committee on Technical Regulations, Standards, Testing and Certification | Relevant acts mentioned under Annex II (Technical Regulations, Standards, Testing and Certification) to the EEA Agreement. |
| 3 | EFTA Product Liability Committee | Relevant acts mentioned under Annex III (Product Liability) to the EEA Agreement. |
| 4 | EFTA Energy Committee | Relevant acts mentioned under Annex IV (Energy) to the EEA Agreement. |
| 5 | EFTA Committee on Free Movement of Workers | Relevant acts mentioned under Annex V (Free Movement of Workers) to the EEA Agreement. |
| 6 | EFTA Social Security Committee | Relevant acts mentioned under Annex VI (Social Security) to the EEA Agreement. |
| 7 | EFTA Committee on Recognition of Professional Qualifications | Relevant acts mentioned under Annex VII (Recognition of Professional Qualifications) to the EEA Agreement. |
| 8 | EFTA Committee on Right of Establishment | Relevant acts mentioned under Annex VIII (Right of Establishment) to the EEA Agreement. |
| 9 | EFTA Financial Services Committee | Relevant acts mentioned under Annex IX (Financial Services) to the EEA Agreement. |
| 10 | EFTA Services Committee | Relevant acts mentioned under Annex X (Services in General) to the EEA Agreement. |
| 11 | EFTA Electronic Communications Committee (COCOM) | Relevant acts mentioned under Annex XI (Electronic Communication, Audiovisual Services and Information Society) to the EEA Agreement. |
| 12 | EFTA Committee on Free Movement of Capital | Relevant acts mentioned under Annex XII (Free Movement of Capital) to the EEA Agreement. |
| 13 | EFTA Transport Committee | Relevant acts mentioned under Annex XIII (Transport) to the EEA Agreement. |
| 16 | EFTA Procurement Committee | Protocol 2 of SCA and relevant acts mentioned under Annex XVI (Procurement) to the EEA Agreement. |
| 17 | EFTA Intellectual Property Committee | Relevant acts mentioned under Annex XVII (Intellectual Property) to the EEA Agreement. |
| 18 | EFTA Committee on Health and Safety at Work, Labour Law, and Equal Treatment for Men and Women | Relevant acts mentioned under Annex XVIII (Health and Safety at Work, Labour Law, and Equal Treatment for Men and Women) to the EEA Agreement. |
| 19 | EFTA Consumer Protection Committee | Relevant acts mentioned under Annex XIX (Consumer Protection) to the EEA Agreement. |
| 20 | EFTA Environment Committee | Relevant acts mentioned under Annex XX (Environment) to the EEA Agreement. |
| 21 | EFTA Committee on Statistics | Relevant acts mentioned under Annex XXI (Statistics) to the EEA Agreement. |

NAME OF COMMITTEE

LEGAL ACT

1

EFTA Veterinary and Phytosanitary Committee

Relevant acts mentioned under Annex I (Veterinary and Phytosanitary Matters) to the EEA Agreement.

2

EFTA Committee on Technical Regulations, Standards, Testing and Certification

Relevant acts mentioned under Annex II (Technical Regulations, Standards, Testing and Certification) to the EEA Agreement.

3

EFTA Product Liability Committee

Relevant acts mentioned under Annex III (Product Liability) to the EEA Agreement.

4

EFTA Energy Committee

Relevant acts mentioned under Annex IV (Energy) to the EEA Agreement.

5

EFTA Committee on Free Movement of Workers

Relevant acts mentioned under Annex V (Free Movement of Workers) to the EEA Agreement.

6

EFTA Social Security Committee

Relevant acts mentioned under Annex VI (Social Security) to the EEA Agreement.

7

EFTA Committee on Recognition of Professional Qualifications

Relevant acts mentioned under Annex VII (Recognition of Professional Qualifications) to the EEA Agreement.

8

EFTA Committee on Right of Establishment

Relevant acts mentioned under Annex VIII (Right of Establishment) to the EEA Agreement.

9

EFTA Financial Services Committee

Relevant acts mentioned under Annex IX (Financial Services) to the EEA Agreement.

10

EFTA Services Committee

Relevant acts mentioned under Annex X (Services in General) to the EEA Agreement.

11

EFTA Electronic Communications Committee (COCOM)

Relevant acts mentioned under Annex XI (Electronic Communication, Audiovisual Services and Information Society) to the EEA Agreement.

12

EFTA Committee on Free Movement of Capital

Relevant acts mentioned under Annex XII (Free Movement of Capital) to the EEA Agreement.

13

EFTA Transport Committee

Relevant acts mentioned under Annex XIII (Transport) to the EEA Agreement.

16

EFTA Procurement Committee

Protocol 2 of SCA and relevant acts mentioned under Annex XVI (Procurement) to the EEA Agreement.

17

EFTA Intellectual Property Committee

Relevant acts mentioned under Annex XVII (Intellectual Property) to the EEA Agreement.

18

EFTA Committee on Health and Safety at Work, Labour Law, and Equal Treatment for Men and Women

Relevant acts mentioned under Annex XVIII (Health and Safety at Work, Labour Law, and Equal Treatment for Men and Women) to the EEA Agreement.

19

EFTA Consumer Protection Committee

Relevant acts mentioned under Annex XIX (Consumer Protection) to the EEA Agreement.

20

EFTA Environment Committee

Relevant acts mentioned under Annex XX (Environment) to the EEA Agreement.

21

EFTA Committee on Statistics

Relevant acts mentioned under Annex XXI (Statistics) to the EEA Agreement.

---

Corrigenda

| 7.2.2013 | EN | Official Journal of the European Union | L 36/11 |
| --- | --- | --- | --- |

7.2.2013

EN

Official Journal of the European Union

L 36/11

---

Corrigendum to Commission Regulation (EU) No 1072/2012 of 14 November 2012 imposing a provisional anti-dumping duty on imports of ceramic tableware and kitchenware originating in the People’s Republic of China

(
  Official Journal of the European Union L 318 of 15 November 2012
  )

On page 56, in Annex I:

for:

‘Chao Ao Huadayu Craftwork Factory’,

read:

‘Chao An Huadayu Craftwork Factory’;

for:

‘Chaozhou Baodyai Porcelain Co., Ltd’,

read:

‘Chaozhou Baodayi Porcelain Co., Ltd.’;

on page 57, in Annex I:

for:

‘Chaozhou Grand Collection Tableware Co. Ltd’,

read:

‘Chaozhou Grand Collection Ceramics Manufacturing Co. Ltd.’;

for:

‘Chaozhou Huazong Ceramics Industries Co., Ltd’,

read:

‘Chaozhou Huazhong Ceramics Industries Co., Ltd.’;

on page 58, in Annex I:

for:

‘Chaozhou New Power Ltd’,

read:

‘Chaozhou New Power Co., Ltd.’;

for:

‘Chaozhou Raoping Xinfeng Yangda Porcelain Factory’,

read:

‘Raoping Xinfeng Yangda Colour Porcelain FTY.’;

for:

‘Chaozhou Shunqiang Ceramics Making Co., Ltd’,

read:

‘Guangdong Shunqiang Ceramics Co., Ltd.’;

for:

‘Chaozhou Xin Weicheng CP., Ltd’,

read:

‘Chaozhou Xin Weicheng Co. Ltd.’;

on page 59, in Annex I:

for:

‘Dongguan Kenney Ceramic Ltd’,

read:

‘Dongguan Kennex Ceramic Ltd.’;

on page 60, in Annex I:

for:

‘Fujian Profit Corp’,

read:

‘Fujian Profit Group Corporation’;

on page 61, in Annex I:

for:

‘Karpery Industrial Co., Ltd’,

read:

‘Karpery Industrial Co., Ltd. Hunan China’;

for:

‘Liling Gaopeng Ceramic Industry Co., Ltd’,

read:

‘Liling Gaodeng Ceramic Industry Co., Ltd’;

on page 64, in Annex I:

for:

‘Tschinawares Co., Ltd’,

read:

‘Tangshan Chinawares Trading Co., Ltd’;

for:

‘Xiangqiang Ceramic Manufacturing Co., Ltd’,

read:

‘Xiangqiang Ceramic Manufacturing Co., Ltd Liling City Hunan’;

on page 64, the following cooperating Chinese producers are added to the list in Annex I:

| ‘— | Chaoan County Fengtang Town HaoYe Ceramic Fty |
| --- | --- |

‘—

Chaoan County Fengtang Town HaoYe Ceramic Fty

| — | Chaoan Shengyang Crafts Industrial Co., Ltd |
| --- | --- |

—

Chaoan Shengyang Crafts Industrial Co., Ltd

| — | Chaozhou DaXing Ceramics Manufactory Co., Ltd |
| --- | --- |

—

Chaozhou DaXing Ceramics Manufactory Co., Ltd

| — | Chaozhou Fengxi Jiaxiang Ceramic Manufactory |
| --- | --- |

—

Chaozhou Fengxi Jiaxiang Ceramic Manufactory

| — | Chaozhou Jinxin Ceramics Making Co., Ltd |
| --- | --- |

—

Chaozhou Jinxin Ceramics Making Co., Ltd

| — | GuangDong XingTaiYi Porcelain Co., Ltd |
| --- | --- |

—

GuangDong XingTaiYi Porcelain Co., Ltd

| — | Guangdong Zhentong Ceramics Co., Ltd |
| --- | --- |

—

Guangdong Zhentong Ceramics Co., Ltd

| — | Guangxi Baian Ceramic Co. Ltd |
| --- | --- |

—

Guangxi Baian Ceramic Co. Ltd

| — | Henghui Porcelain Plant Liling Hunan China |
| --- | --- |

—

Henghui Porcelain Plant Liling Hunan China

| — | Huanyu Ceramic Industrial Co., Ltd |
| --- | --- |

—

Huanyu Ceramic Industrial Co., Ltd

| — | Hunan Huari Ceramic Industry Co., Ltd |
| --- | --- |

—

Hunan Huari Ceramic Industry Co., Ltd

| — | Liling Jiahua Porcelain Manufacturing Co., Ltd |
| --- | --- |

—

Liling Jiahua Porcelain Manufacturing Co., Ltd

| — | Liling Jiaxing Ceramic Industrial Co., Ltd |
| --- | --- |

—

Liling Jiaxing Ceramic Industrial Co., Ltd

| — | Liling Liuxingtan Ceramics Co., Ltd |
| --- | --- |

—

Liling Liuxingtan Ceramics Co., Ltd

| — | Liling Pengxing Ceramic Factory |
| --- | --- |

—

Liling Pengxing Ceramic Factory

| — | Liling Spring Ceramic Industry Co., Ltd |
| --- | --- |

—

Liling Spring Ceramic Industry Co., Ltd

| — | Liling Taiyu Ceramic Co., Ltd |
| --- | --- |

—

Liling Taiyu Ceramic Co., Ltd

| — | Liling Top Collection Industrial Co., Ltd |
| --- | --- |

—

Liling Top Collection Industrial Co., Ltd

| — | Liling Zhengcai Ceramic Manufacturing Co., Ltd |
| --- | --- |

—

Liling Zhengcai Ceramic Manufacturing Co., Ltd

| — | Red Star Ceramics Limited |
| --- | --- |

—

Red Star Ceramics Limited

| — | Ronghui Ceramic Co., Ltd Liling Hunan China |
| --- | --- |

—

Ronghui Ceramic Co., Ltd Liling Hunan China

| — | Rslee Ceramic Co., Ltd |
| --- | --- |

—

Rslee Ceramic Co., Ltd

| — | Shenzhen Ehome Enterprise Ltd |
| --- | --- |

—

Shenzhen Ehome Enterprise Ltd

| — | Shenzhen Full Amass Ind. Dev. Co. Ltd |
| --- | --- |

—

Shenzhen Full Amass Ind. Dev. Co. Ltd

| — | Shenzhen Good-Always Imp. & Exp. Co. Ltd |
| --- | --- |

—

Shenzhen Good-Always Imp. & Exp. Co. Ltd

| — | Shenzhen Hua Mei Industry Development Ltd |
| --- | --- |

—

Shenzhen Hua Mei Industry Development Ltd

| — | Shenzhen Jingxin Development Trading Co. Ltd |
| --- | --- |

—

Shenzhen Jingxin Development Trading Co. Ltd

| — | Shenzhen Mingsheng Ceramic Ltd. |
| --- | --- |

—

Shenzhen Mingsheng Ceramic Ltd.

| — | Shenzhen SMF Investment Co., Ltd |
| --- | --- |

—

Shenzhen SMF Investment Co., Ltd

| — | Zeal Ceramics Development Co., Ltd, Shenzhen, China’ |
| --- | --- |

—

Zeal Ceramics Development Co., Ltd, Shenzhen, China’

---