# Official Journal L 222/2013

| | ISSN 1977-0677
  doi:10.3000/19770677.L_2013.222.eng |
| --- | --- |
| Official Journal
  of the European Union | L 222 |
| | |
| English edition | Legislation | Volume 5620 August 2013 |

ISSN 1977-0677

doi:10.3000/19770677.L_2013.222.eng

Official Journal

of the European Union

L 222

English edition

Legislation

Volume 5620 August 2013

---

| Contents | | II   Non-legislative acts | page |
| --- | --- | --- | --- |
| | | REGULATIONS |
| | * | Commission Implementing Regulation (EU) No 789/2013 of 16 August 2013 amending Council Regulation (EC) No 2368/2002 implementing the Kimberley Process certification scheme for the international trade in rough diamonds | 1 |
| | * | Commission Implementing Regulation (EU) No 790/2013 of 19 August 2013 amending Implementing Regulation (EU) No 540/2011 as regards the conditions of approval of the active substance acetic acid (
  1
  ) | 6 |
| | | Commission Implementing Regulation (EU) No 791/2013 of 19 August 2013 establishing the standard import values for determining the entry price of certain fruit and vegetables | 9 |
| | | Commission Implementing Regulation (EU) No 792/2013 of 19 August 2013 withdrawing the suspension of submission of applications for import licences for sugar products under certain tariff quotas | 11 |
| | | DECISIONS |
| | | 2013/438/EU |
| | * | Commission Decision of 16 August 2013 in application of Article 7 of Directive 94/9/EC of the European Parliament and the Council as regards a prohibition measure adopted by the Swedish authorities in respect of a fluorescent lamp GW 80 455 (ATEX-SE-01-2012)
  (notified under document C(2013) 5315)

   (
  1
  ) | 12 |

Contents

II   Non-legislative acts

page

REGULATIONS

*

Commission Implementing Regulation (EU) No 789/2013 of 16 August 2013 amending Council Regulation (EC) No 2368/2002 implementing the Kimberley Process certification scheme for the international trade in rough diamonds

1

*

Commission Implementing Regulation (EU) No 790/2013 of 19 August 2013 amending Implementing Regulation (EU) No 540/2011 as regards the conditions of approval of the active substance acetic acid (
  1
  )

1

6

Commission Implementing Regulation (EU) No 791/2013 of 19 August 2013 establishing the standard import values for determining the entry price of certain fruit and vegetables

9

Commission Implementing Regulation (EU) No 792/2013 of 19 August 2013 withdrawing the suspension of submission of applications for import licences for sugar products under certain tariff quotas

11

DECISIONS

2013/438/EU

*

Commission Decision of 16 August 2013 in application of Article 7 of Directive 94/9/EC of the European Parliament and the Council as regards a prohibition measure adopted by the Swedish authorities in respect of a fluorescent lamp GW 80 455 (ATEX-SE-01-2012)
  (notified under document C(2013) 5315)

   (
  1
  )

(notified under document C(2013) 5315)

1

12

| | | |
| --- | --- | --- |
| | * | 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 |
| | * | Note to readers — way of referring to acts(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

*

Note to readers — way of referring to acts(see page 3 of the cover)

Note to readers — way of referring to acts

s3

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

---

(1)   Text with EEA relevance

1

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

EN

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

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

---

II Non-legislative acts

REGULATIONS

| 20.8.2013 | EN | Official Journal of the European Union | L 222/1 |
| --- | --- | --- | --- |

20.8.2013

EN

Official Journal of the European Union

L 222/1

---

COMMISSION IMPLEMENTING REGULATION (EU) No 789/2013

of 16 August 2013

amending Council Regulation (EC) No 2368/2002 implementing the Kimberley Process certification scheme for the international trade in rough diamonds

THE EUROPEAN COMMISSION,

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

Having regard to Council Regulation (EC) No 2368/2002 of 20 December 2002 implementing the Kimberley Process certification scheme for the international trade in rough diamonds (1), and in particular Articles 19(6) and 20 thereof,

Whereas:

| (1) | At the Washington Plenary meeting in November 2012, Kimberley Process participants approved, by a decision of the Plenary, the addition of Panama, Cambodia and Kazakhstan to the list of Kimberley Process participants. |
| --- | --- |

(1)

At the Washington Plenary meeting in November 2012, Kimberley Process participants approved, by a decision of the Plenary, the addition of Panama, Cambodia and Kazakhstan to the list of Kimberley Process participants.

| (2) | As confirmed by a KP Chair notice on 1 August 2013, Kimberley Process participants also approved, by written procedure, the addition of Mali to the list of Kimberley Process Participants. |
| --- | --- |

(2)

As confirmed by a KP Chair notice on 1 August 2013, Kimberley Process participants also approved, by written procedure, the addition of Mali to the list of Kimberley Process Participants.

| (3) | Furthermore, the address of several participants’ contact points in Annex II should be updated. |
| --- | --- |

(3)

Furthermore, the address of several participants’ contact points in Annex II should be updated.

| (4) | Annex II to Regulation (EC) No 2368/2002 should be amended accordingly. |
| --- | --- |

(4)

Annex II to Regulation (EC) No 2368/2002 should be amended accordingly.

| (5) | The measures provided for in this Regulation are in accordance with the opinion of the committee referred to in Article 22 of Regulation (EC) No 2368/2002, |
| --- | --- |

(5)

The measures provided for in this Regulation are in accordance with the opinion of the committee referred to in Article 22 of Regulation (EC) No 2368/2002,

HAS ADOPTED THIS REGULATION:

Article 1

Regulation (EC) No 2368/2002 is amended as follows:

Annex II is replaced by the text set out in the Annex to this Regulation.

Article 2

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

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

Done at Brussels, 16 August 2013.

For the Commission, On behalf of the President,

Johannes HAHN

Member of the Commission

---

(1)  
  OJ L 358, 31.12.2002, p. 28.

1

---

ANNEX

‘ANNEX II

List of participants in the Kimberley Process certification scheme and their duly appointed competent authorities as referred to in Articles 2, 3, 8, 9, 12, 17, 18, 19 and 20

ANGOLA

| Ministry of Geology and Mines |
| --- |
| Rua Hochi Min |
| C.P # 1260 |
| Luanda |
| Angola |

Ministry of Geology and Mines

Rua Hochi Min

C.P # 1260

Luanda

Angola

ARMENIA

| Department of Gemstones and Jewellery |
| --- |
| Ministry of Trade and Economic Development |
| M. Mkrtchyan 5 |
| Yerevan |
| Armenia |

Department of Gemstones and Jewellery

Ministry of Trade and Economic Development

M. Mkrtchyan 5

Yerevan

Armenia

AUSTRALIA

| Department of Foreign Affairs and Trade |
| --- |
| Trade Development Division |
| R.G. Casey Building |
| John McEwen Crescent |
| Barton ACT 0221 |
| Australia |

Department of Foreign Affairs and Trade

Trade Development Division

R.G. Casey Building

John McEwen Crescent

Barton ACT 0221

Australia

BANGLADESH

| Export Promotion Bureau |
| --- |
| TCB Bhaban |
| 1, Karwan Bazaar |
| Dhaka |
| Bangladesh |

Export Promotion Bureau

TCB Bhaban

1, Karwan Bazaar

Dhaka

Bangladesh

BELARUS

| Ministry of Finance |
| --- |
| Department for Precious Metals and Precious Stones |
| Sovetskaja Str., 7 |
| 220010 Minsk |
| Republic of Belarus |

Ministry of Finance

Department for Precious Metals and Precious Stones

Sovetskaja Str., 7

220010 Minsk

Republic of Belarus

BOTSWANA

| Ministry of Minerals, Energy and Water Resources |
| --- |
| PI Bag 0018 |
| Gaborone |
| Botswana |

Ministry of Minerals, Energy and Water Resources

PI Bag 0018

Gaborone

Botswana

BRAZIL

| Ministry of Mines and Energy |
| --- |
| Esplanada dos Ministérios - Bloco “U” – 4o andar |
| 70065 - 900 Brasilia - DF |
| Brazil |

Ministry of Mines and Energy

Esplanada dos Ministérios - Bloco “U” – 4o andar

70065 - 900 Brasilia - DF

Brazil

CAMBODIA

| Trade Promotion Department, Ministry of Commerce |
| --- |
| Building #65-69, Street 136, |
| Sangkat Phsar Kandal 1, Khan Duan Penh |
| Phnom Penh |
| Cambodia |

Trade Promotion Department, Ministry of Commerce

Building #65-69, Street 136,

Sangkat Phsar Kandal 1, Khan Duan Penh

Phnom Penh

Cambodia

CAMEROON

| National Permanent Secretariat for the Kimberley Process |
| --- |
| Ministry of Mines, Industry and Technological Development |
| Intek Building |
| Navik Street |
| P.O. Box 8390 |
| Yaoundé |
| Cameroon |

National Permanent Secretariat for the Kimberley Process

Ministry of Mines, Industry and Technological Development

Intek Building

Navik Street

P.O. Box 8390

Yaoundé

Cameroon

CANADA

| International:





  Department of Foreign Affairs, Trade and Development |
| --- |
| Human Rights, Governance and Indigenous Affairs Policy Division - MIH |
| 125 Sussex Drive Ottawa, Ontario K1A 0G2 |
| Canada |

International:

Department of Foreign Affairs, Trade and Development

Human Rights, Governance and Indigenous Affairs Policy Division - MIH

125 Sussex Drive Ottawa, Ontario K1A 0G2

Canada

| For General Enquiries at Natural Resources Canada:





  Kimberley Process Office |
| --- |
| Minerals and Metals Sector (MMS) |
| Natural Resources Canada (NRCan) |
| 580 Booth Street, 10th floor |
| Ottawa, Ontario |
| Canada K1A 0E4 |

For General Enquiries at Natural Resources Canada:

Kimberley Process Office

Minerals and Metals Sector (MMS)

Natural Resources Canada (NRCan)

580 Booth Street, 10th floor

Ottawa, Ontario

Canada K1A 0E4

CHINA, People’s Republic of

| Department of Inspection and Quarantine Clearance |
| --- |
| General Administration of Quality Supervision, Inspection and Quarantine (AQSIQ) |
| 9 Madiandonglu |
| Haidian District, Beijing 100088 |
| People’s Republic of China |

Department of Inspection and Quarantine Clearance

General Administration of Quality Supervision, Inspection and Quarantine (AQSIQ)

9 Madiandonglu

Haidian District, Beijing 100088

People’s Republic of China

HONG KONG, Special Administrative Region of the People’s Republic of China

| Department of Trade and Industry |
| --- |
| Hong Kong Special Administrative Region |
| Peoples Republic of China |
| Room 703, Trade and Industry Tower |
| 700 Nathan Road |
| Kowloon |
| Hong Kong |
| China |

Department of Trade and Industry

Hong Kong Special Administrative Region

Peoples Republic of China

Room 703, Trade and Industry Tower

700 Nathan Road

Kowloon

Hong Kong

China

CONGO, Democratic Republic of

| Centre d’Expertise, d’Evaluation et de Certification des Substances Minérales Précieuses et Semi-précieuses (CEEC) |
| --- |
| 3989, av des cliniques, |
| Kinshasa/Gombe |
| Democratic Republic of Congo |

Centre d’Expertise, d’Evaluation et de Certification des Substances Minérales Précieuses et Semi-précieuses (CEEC)

3989, av des cliniques,

Kinshasa/Gombe

Democratic Republic of Congo

CONGO, Republic of

| Bureau d’Expertise, d’Evaluation et de Certification des Substances Minérales Précieuses (BEEC) |
| --- |
| BP 2787 |
| Brazzaville |
| Republic of Congo |

Bureau d’Expertise, d’Evaluation et de Certification des Substances Minérales Précieuses (BEEC)

BP 2787

Brazzaville

Republic of Congo

EUROPEAN UNION

| European Commission |
| --- |
| Service for Foreign Policy Instruments |
| Office EEAS 02/309 |
| B-1049 Bruxelles/Brussel |
| Belgium |

European Commission

Service for Foreign Policy Instruments

Office EEAS 02/309

B-1049 Bruxelles/Brussel

Belgium

GHANA

| Precious Minerals Marketing Company (Ltd.) |
| --- |
| Diamond House, |
| Kinbu Road, |
| P.O. Box M. 108 |
| Accra |
| Ghana |

Precious Minerals Marketing Company (Ltd.)

Diamond House,

Kinbu Road,

P.O. Box M. 108

Accra

Ghana

GUINEA

| Ministry of Mines and Geology |
| --- |
| BP 2696 |
| Conakry |
| Guinea |

Ministry of Mines and Geology

BP 2696

Conakry

Guinea

GUYANA

| Geology and Mines Commission |
| --- |
| P O Box 1028 |
| Upper Brickdam |
| Stabroek |
| Georgetown |
| Guyana |

Geology and Mines Commission

P O Box 1028

Upper Brickdam

Stabroek

Georgetown

Guyana

INDIA

| Department of Commerce |
| --- |
| Ministry of Commerce & Industry |
| Udyog Bhawan |
| Maulana Azad Road |
| New Delhi 110011 |
| India |

Department of Commerce

Ministry of Commerce & Industry

Udyog Bhawan

Maulana Azad Road

New Delhi 110011

India

INDONESIA

| Directorate-General of Foreign Trade |
| --- |
| Ministry of Trade |
| JI M.I. Ridwan Rais No. 5 |
| Blok I Iantai 4 |
| Jakarta Pusat Kotak Pos. 10110 |
| Jakarta |
| Indonesia |

Directorate-General of Foreign Trade

Ministry of Trade

JI M.I. Ridwan Rais No. 5

Blok I Iantai 4

Jakarta Pusat Kotak Pos. 10110

Jakarta

Indonesia

ISRAEL

| Ministry of Industry, Trade and Labor |
| --- |
| Office of the Diamond Controller |
| 3 Jabotinsky Road |
| Ramat Gan 52520 |
| Israel |

Ministry of Industry, Trade and Labor

Office of the Diamond Controller

3 Jabotinsky Road

Ramat Gan 52520

Israel

JAPAN

| United Nations Policy Division |
| --- |
| Foreign Policy Bureau |
| Ministry of Foreign Affairs |
| 2-2-1 Kasumigaseki, Chiyoda-ku |
| 100-8919 Tokyo, Japan |
| Japan |

United Nations Policy Division

Foreign Policy Bureau

Ministry of Foreign Affairs

2-2-1 Kasumigaseki, Chiyoda-ku

100-8919 Tokyo, Japan

Japan

KAZAKHSTAN

| Ministry of Economy and Budget Planning |
| --- |
| Orynbor str., 8, entrance 7 |
| Administrative building ‘The house of ministries’ |
| 010000 Astana |
| Kazakhstan |

Ministry of Economy and Budget Planning

Orynbor str., 8, entrance 7

Administrative building ‘The house of ministries’

010000 Astana

Kazakhstan

KOREA, Republic of

| Export Control Policy Division |
| --- |
| Ministry of Knowledge Economy |
| Government Complex |
| Jungang-dong 1, Gwacheon-si |
| Gyeonggi-do 427-723 |
| Seoul |
| Korea |

Export Control Policy Division

Ministry of Knowledge Economy

Government Complex

Jungang-dong 1, Gwacheon-si

Gyeonggi-do 427-723

Seoul

Korea

LAOS, People’s Democratic Republic

| Department of Import and Export |
| --- |
| Ministry of Industry and Commerce |
| Vientiane |
| Laos |

Department of Import and Export

Ministry of Industry and Commerce

Vientiane

Laos

LEBANON

| Ministry of Economy and Trade |
| --- |
| Lazariah Building |
| Down Town |
| Beirut |
| Lebanon |

Ministry of Economy and Trade

Lazariah Building

Down Town

Beirut

Lebanon

LESOTHO

| Department of Mines |
| --- |
| Corner Constitution and Parliament Road |
| P.O. Box 750 |
| Maseru 100 |
| Lesotho |

Department of Mines

Corner Constitution and Parliament Road

P.O. Box 750

Maseru 100

Lesotho

LIBERIA

| Government Diamond Office |
| --- |
| Ministry of Lands, Mines and Energy |
| Capitol Hill |
| P.O. Box 10-9024 |
| 1000 Monrovia 10 |
| Liberia |

Government Diamond Office

Ministry of Lands, Mines and Energy

Capitol Hill

P.O. Box 10-9024

1000 Monrovia 10

Liberia

MALAYSIA

| Ministry of International Trade and Industry |
| --- |
| Trade Cooperation and Industry Coordination Section |
| Block 10 |
| Komplek Kerajaan Jalan Duta |
| 50622 Kuala Lumpur |
| Malaysia |

Ministry of International Trade and Industry

Trade Cooperation and Industry Coordination Section

Block 10

Komplek Kerajaan Jalan Duta

50622 Kuala Lumpur

Malaysia

MALI

| Ministère des Mines |
| --- |
| Bureau d'Expertise d'Evaluation et de Certification des Diamants Bruts |
| Zone Industrielle Ex. DNGM |
| Bamako |
| République du Mali |

Ministère des Mines

Bureau d'Expertise d'Evaluation et de Certification des Diamants Bruts

Zone Industrielle Ex. DNGM

Bamako

République du Mali

MAURITIUS

| Import Division |
| --- |
| Ministry of Industry, Small & Medium Enterprises, Commerce & Cooperatives |
| 4th Floor, Anglo Mauritius Building |
| Intendance Street |
| Port Louis |
| Mauritius |

Import Division

Ministry of Industry, Small & Medium Enterprises, Commerce & Cooperatives

4th Floor, Anglo Mauritius Building

Intendance Street

Port Louis

Mauritius

MEXICO

| Secretaría de Economía |
| --- |
| Dirección General de Política Comercial |
| Alfonso Reyes No. 30, Colonia Hipodromo Condesa, Piso 16. |
| Delegación Cuactemoc, Código Postal: 06140 México, D.F. |
| Mexico |

Secretaría de Economía

Dirección General de Política Comercial

Alfonso Reyes No. 30, Colonia Hipodromo Condesa, Piso 16.

Delegación Cuactemoc, Código Postal: 06140 México, D.F.

Mexico

NAMIBIA

| Diamond Commission |
| --- |
| Directorate of Diamond Affairs |
| Ministry of Mines and Energy |
| Private Bag 13297 |
| 1st Aviation Road (Eros Airport) |
| Windhoek |
| Namibia |

Diamond Commission

Directorate of Diamond Affairs

Ministry of Mines and Energy

Private Bag 13297

1st Aviation Road (Eros Airport)

Windhoek

Namibia

NEW ZEALAND

| Certificate Issuing authority:





  Middle East and Africa Division |
| --- |
| Ministry of Foreign Affairs and Trade |
| Private Bag 18901 |
| Wellington |
| New Zealand |

Certificate Issuing authority:

Middle East and Africa Division

Ministry of Foreign Affairs and Trade

Private Bag 18901

Wellington

New Zealand

| Import and Export Authority:





  New Zealand Customs Service |
| --- |
| PO Box 2218 |
| Wellington |
| New Zealand |

Import and Export Authority:

New Zealand Customs Service

PO Box 2218

Wellington

New Zealand

NORWAY

| Section for Public International Law |
| --- |
| Department for Legal Affairs |
| Royal Ministry of Foreign Affairs |
| P.O. Box 8114 |
| 0032 Oslo |
| Norway |

Section for Public International Law

Department for Legal Affairs

Royal Ministry of Foreign Affairs

P.O. Box 8114

0032 Oslo

Norway

PANAMA

| General Direction of International Economic Affairs |
| --- |
| Ministry of Foreign Affairs |
| San Felipe, Calle 3 |
| Palacio Bolívar, Edificio 26 |
| Panamá 4 |
| Republic of Panama |

General Direction of International Economic Affairs

Ministry of Foreign Affairs

San Felipe, Calle 3

Palacio Bolívar, Edificio 26

Panamá 4

Republic of Panama

RUSSIAN FEDERATION

| International:





  Ministry of Finance |
| --- |
| 9, Ilyinka Street, |
| 109097 Moscow |
| Russia |

International:

Ministry of Finance

9, Ilyinka Street,

109097 Moscow

Russia

| Import and Export Authority:





  Gokhran of Russia |
| --- |
| 14, 1812 Goda St. |
| 121170 Moscow |
| Russia |

Import and Export Authority:

Gokhran of Russia

14, 1812 Goda St.

121170 Moscow

Russia

SIERRA LEONE

| Ministry of Mineral Resources |
| --- |
| Gold and Diamond Office (GDO) |
| Youyi Building |
| Brookfields |
| Freetown |
| Sierra Leone |

Ministry of Mineral Resources

Gold and Diamond Office (GDO)

Youyi Building

Brookfields

Freetown

Sierra Leone

SINGAPORE

| Ministry of Trade and Industry |
| --- |
| 100 High Street |
| #09-01, The Treasury, |
| Singapore 179434 |

Ministry of Trade and Industry

100 High Street

# 09-01, The Treasury,

Singapore 179434

SOUTH AFRICA

| South African Diamond and Precious Metals Regulator |
| --- |
| SA Diamond Centre |
| 251 Fox Street |
| Johannesburg 2000 |
| South Africa |

South African Diamond and Precious Metals Regulator

SA Diamond Centre

251 Fox Street

Johannesburg 2000

South Africa

SRI LANKA

| National Gem and Jewellery Authority |
| --- |
| 25, Galleface Terrace |
| Colombo 03 |
| Sri Lanka |

National Gem and Jewellery Authority

25, Galleface Terrace

Colombo 03

Sri Lanka

SWAZILAND

| Office for the Commissioner of Mines |
| --- |
| Ministry of Natural Resources and Energy |
| Mining department |
| Lilunga House (3rd floor, Wing B) |
| Somhlolo Road |
| PO Box 9, |
| Mbabane H100 |
| Swaziland |

Office for the Commissioner of Mines

Ministry of Natural Resources and Energy

Mining department

Lilunga House (3rd floor, Wing B)

Somhlolo Road

PO Box 9,

Mbabane H100

Swaziland

SWITZERLAND

| State Secretariat for Economic Affairs (SECO) |
| --- |
| Sanctions Unit |
| Holzikofenweg 36 |
| CH-3003 Berne / Switzerland |

State Secretariat for Economic Affairs (SECO)

Sanctions Unit

Holzikofenweg 36

CH-3003 Berne / Switzerland

TAIWAN, PENGHU, KINMEN AND MATSU, SEPARATE CUSTOMS TERRITORY

| Export/Import Administration Division |
| --- |
| Bureau of Foreign Trade |
| Ministry of Economic Affairs |
| 1, Hu Kou Street |
| Taipei, 100 |
| Taiwan |

Export/Import Administration Division

Bureau of Foreign Trade

Ministry of Economic Affairs

1, Hu Kou Street

Taipei, 100

Taiwan

TANZANIA

| Commission for Minerals |
| --- |
| Ministry of Energy and Minerals |
| PO Box 2000 |
| Dar es Salaam |
| Tanzania |

Commission for Minerals

Ministry of Energy and Minerals

PO Box 2000

Dar es Salaam

Tanzania

THAILAND

| Department of Foreign Trade |
| --- |
| Ministry of Commerce |
| 44/100 Nonthaburi 1 Road |
| Muang District, Nonthaburi 11000 |
| Thailand |

Department of Foreign Trade

Ministry of Commerce

44/100 Nonthaburi 1 Road

Muang District, Nonthaburi 11000

Thailand

TOGO

| Ministry of Mine, Energy and Water |
| --- |
| Head Office of Mines and Geology |
| 216, Avenue Sarakawa |
| B.P. 356 |
| Lomé |
| Togo |

Ministry of Mine, Energy and Water

Head Office of Mines and Geology

216, Avenue Sarakawa

B.P. 356

Lomé

Togo

TURKEY

| Foreign Exchange Department





  Undersecretariat of Treasury |
| --- |
| T.C. Bașbakanlık Hazine |
| Müsteșarlığı İnönü Bulvarı No:36 |
| 06510 Emek - Ankara |
| Turkey |

Foreign Exchange Department

Undersecretariat of Treasury

T.C. Bașbakanlık Hazine

Müsteșarlığı İnönü Bulvarı No:36

06510 Emek - Ankara

Turkey

| Import and Export Authority:





  Istanbul Gold Exchange |
| --- |
| Rıhtım Cad. No:81 |
| 34425 Karaköy – İstanbul |
| Turkey |

Import and Export Authority:

Istanbul Gold Exchange

Rıhtım Cad. No:81

34425 Karaköy – İstanbul

Turkey

UKRAINE

| Ministry of Finance |
| --- |
| State Gemological Center |
| Degtyarivska St. 38-44 |
| Kiev 04119 |
| Ukraine |

Ministry of Finance

State Gemological Center

Degtyarivska St. 38-44

Kiev 04119

Ukraine

UNITED ARAB EMIRATES

| U.A.E Kimberley Process Office |
| --- |
| Dubai Multi Commodities Center |
| Dubai Airport Free Zone |
| Emirates Security Building |
| Block B, 2nd Floor, Office # 20 |
| P.O. Box 48800 |
| Dubai |
| United Arab Emirates |

U.A.E Kimberley Process Office

Dubai Multi Commodities Center

Dubai Airport Free Zone

Emirates Security Building

Block B, 2nd Floor, Office # 20

P.O. Box 48800

Dubai

United Arab Emirates

UNITED STATES OF AMERICA

| United States Kimberley Process Authority |
| --- |
| 11 West 47 Street 11th floor |
| New York, NY 10036 |
| United States of America |

United States Kimberley Process Authority

11 West 47 Street 11th floor

New York, NY 10036

United States of America

| U.S. Department of State |
| --- |
| Room 4843 EB/ESC |
| 2201 C Street, NW |
| Washington D.C. 20520 |
| United States of America |

U.S. Department of State

Room 4843 EB/ESC

2201 C Street, NW

Washington D.C. 20520

United States of America

VIETNAM

| Ministry of Industry and Trade |
| --- |
| Import Export Management Department |
| 54 Hai Ba Trung, |
| Hoan Kiem |
| Hanoi |
| Vietnam |

Ministry of Industry and Trade

Import Export Management Department

54 Hai Ba Trung,

Hoan Kiem

Hanoi

Vietnam

ZIMBABWE

| Principal Minerals Development Office |
| --- |
| Ministry of Mines and Mining Development |
| Private Bag 7709, Causeway |
| Harare |
| Zimbabwe’ |

Principal Minerals Development Office

Ministry of Mines and Mining Development

Private Bag 7709, Causeway

Harare

Zimbabwe’

---

| 20.8.2013 | EN | Official Journal of the European Union | L 222/6 |
| --- | --- | --- | --- |

20.8.2013

EN

Official Journal of the European Union

L 222/6

---

COMMISSION IMPLEMENTING REGULATION (EU) No 790/2013

of 19 August 2013

amending Implementing Regulation (EU) No 540/2011 as regards the conditions of approval of the active substance acetic acid

(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)(c) thereof,

Whereas:

| (1) | The active substance acetic acid was included in Annex I to Council Directive 91/414/EEC (2) by Commission Directive 2008/127/EC (3) in accordance with the procedure provided for in Article 24b of Commission Regulation (EC) No 2229/2004 (4). Since the replacement of Directive 91/414/EEC by Regulation (EC) No 1107/2009, this substance is deemed to have been approved under that Regulation and is listed in Part A of the Annex to Commission Implementing Regulation (EU) No 540/2011 (5). |
| --- | --- |

(1)

The active substance acetic acid was included in Annex I to Council Directive 91/414/EEC (2) by Commission Directive 2008/127/EC (3) in accordance with the procedure provided for in Article 24b of Commission Regulation (EC) No 2229/2004 (4). Since the replacement of Directive 91/414/EEC by Regulation (EC) No 1107/2009, this substance is deemed to have been approved under that Regulation and is listed in Part A of the Annex to Commission Implementing Regulation (EU) No 540/2011 (5).

| (2) | In accordance with Article 25a of Regulation (EC) No 2229/2004, the European Food Safety Authority, hereinafter ‘the Authority’, presented to the Commission its view on the draft review report for acetic acid (6) on 18 December 2012. The Authority communicated its view on acetic acid to the notifier. The Commission invited it to submit comments on the draft review report for acetic acid. The draft review report and the view of the Authority were reviewed by the Member States and the Commission within the Standing Committee on the Food Chain and Animal Health and finalised on 16 July 2013 in the format of the Commission review report for acetic acid. |
| --- | --- |

(2)

In accordance with Article 25a of Regulation (EC) No 2229/2004, the European Food Safety Authority, hereinafter ‘the Authority’, presented to the Commission its view on the draft review report for acetic acid (6) on 18 December 2012. The Authority communicated its view on acetic acid to the notifier. The Commission invited it to submit comments on the draft review report for acetic acid. The draft review report and the view of the Authority were reviewed by the Member States and the Commission within the Standing Committee on the Food Chain and Animal Health and finalised on 16 July 2013 in the format of the Commission review report for acetic acid.

| (3) | It is confirmed that the active substance acetic acid is to be deemed to have been approved under Regulation (EC) No 1107/2009. |
| --- | --- |

(3)

It is confirmed that the active substance acetic acid is to be deemed to have been approved under Regulation (EC) No 1107/2009.

| (4) | 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 necessary to amend the conditions of approval. It is, in particular, appropriate to require further confirmatory information. |
| --- | --- |

(4)

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 necessary to amend the conditions of approval. It is, in particular, appropriate to require further confirmatory information.

| (5) | The Annex to Implementing Regulation (EU) No 540/2011 should therefore be amended accordingly. |
| --- | --- |

(5)

The Annex to Implementing Regulation (EU) No 540/2011 should therefore be amended accordingly.

| (6) | A reasonable period of time should be allowed before the application of this Regulation in order to allow Member States, notifier and holders of authorisations for plant protection products containing acetic acid to meet the requirements resulting from amendment to the conditions of the approval. |
| --- | --- |

(6)

A reasonable period of time should be allowed before the application of this Regulation in order to allow Member States, notifier and holders of authorisations for plant protection products containing acetic acid to meet the requirements resulting from amendment to the conditions of the approval.

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

(7)

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

HAS ADOPTED THIS REGULATION:

Article 1

Part A of the Annex to Implementing Regulation (EU) No 540/2011 is amended in accordance with the Annex to this Regulation.

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.

It shall apply from 1 January 2014.

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

Done at Brussels, 19 August 2013.

For the Commission

The President

José Manuel BARROSO

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

1

(2)  Council Directive 91/414/EEC of 15 July 1991 concerning the placing of plant protection products on the market (OJ L 230, 19.8.1991, p. 1).

2

(3)  Commission Directive 2008/127/EC of 18 December 2008 amending Council Directive 91/414/EEC to include several active substances (OJ L 344, 20.12.2008, p. 89).

3

(4)  Commission Regulation (EC) No 2229/2004 of 3 December 2004 laying down further detailed rules for the implementation of the fourth stage of the programme of work referred to in Article 8(2) of Council Directive 91/414/EEC (OJ L 379, 24.12.2004, p. 13).

4

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

5

(6)  European Food Safety Authority; Conclusion on the peer review of the pesticide risk assessment of the active substance acetic acid. EFSA Journal 2013;11(1):3060. [57 pp.] doi:10.2903/j.efsa.2013.3060. Available online: www.efsa.europa.eu/efsajournal

6

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ANNEX

In Part A of the Annex to Implementing Regulation (EU) No 540/2011, row 218 on the active substance acetic acid is replaced by the following:

| Number | Common Name, Identification Numbers | IUPAC Name | Purity | Date of approval | Expiration of approval | Specific provisions |
| --- | --- | --- | --- | --- | --- | --- |
| ‘218 | Acetic acid
  CAS No 64-19-7
  CIPAC 838 | acetic acid | ≥ 980 g/kg | 1 September 2009 | 31 August 2019 | PART A
  Only uses as herbicide may be authorised.
  PART B
  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 acetic acid (SANCO/2602/2008) and in particular Appendices I and II thereof, as finalised in the Standing Committee on the Food Chain and Animal Health on 16 July 2013, shall be taken into account.
  In this overall assessment Member States shall pay particular attention to the protection of operators, the protection of groundwater and the protection of aquatic organisms.
  Conditions of use shall include, where appropriate, risk mitigation measures.
  The notifier shall submit confirmatory information as regards:






  — | the acute and long-term risk to birds and mammals, |

Number

Common Name, Identification Numbers

IUPAC Name

Purity

Date of approval

Expiration of approval

Specific provisions

‘218

Acetic acid

CAS No 64-19-7

CIPAC 838

acetic acid

≥ 980 g/kg

1 September 2009

31 August 2019

PART A

Only uses as herbicide may be authorised.

PART B

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 acetic acid (SANCO/2602/2008) and in particular Appendices I and II thereof, as finalised in the Standing Committee on the Food Chain and Animal Health on 16 July 2013, shall be taken into account.

In this overall assessment Member States shall pay particular attention to the protection of operators, the protection of groundwater and the protection of aquatic organisms.

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

The notifier shall submit confirmatory information as regards:

—

the acute and long-term risk to birds and mammals,

| — | the risk to honeybees, |
| --- | --- |

—

the risk to honeybees,

| — | the risk to non-target arthropods. |
| --- | --- |

—

the risk to non-target arthropods.

The notifier shall submit that information to the Commission, the Member States and the Authority by 31 December 2015.’

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| 20.8.2013 | EN | Official Journal of the European Union | L 222/9 |
| --- | --- | --- | --- |

20.8.2013

EN

Official Journal of the European Union

L 222/9

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COMMISSION IMPLEMENTING REGULATION (EU) No 791/2013

of 19 August 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, 19 August 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

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ANNEX

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

| (EUR/100 kg) |
| --- |
| Code NC | Code des pays tiers (1) | Valeur forfaitaire à l'importation |
| 0709 93 10 | TR | 136,4 |
| ZZ | 136,4 |
| 0805 50 10 | AR | 109,9 |
| CL | 102,1 |
| TR | 70,0 |
| UY | 124,3 |
| ZA | 104,7 |
| ZZ | 102,2 |
| 0806 10 10 | EG | 190,0 |
| MA | 163,8 |
| MX | 264,4 |
| TR | 157,6 |
| ZZ | 194,0 |
| 0808 10 80 | AR | 191,5 |
| BR | 108,7 |
| CL | 133,9 |
| CN | 88,3 |
| NZ | 131,0 |
| US | 141,8 |
| ZA | 120,1 |
| ZZ | 130,8 |
| 0808 30 90 | AR | 180,6 |
| CL | 148,9 |
| TR | 151,4 |
| ZA | 113,1 |
| ZZ | 148,5 |
| 0809 30 | TR | 146,8 |
| ZZ | 146,8 |
| 0809 40 05 | BA | 47,9 |
| TR | 101,0 |
| ZZ | 74,5 |

(EUR/100 kg)

Code NC

Code des pays tiers (1)

Valeur forfaitaire à l'importation

0709 93 10

TR

136,4

ZZ

136,4

0805 50 10

AR

109,9

CL

102,1

TR

70,0

UY

124,3

ZA

104,7

ZZ

102,2

0806 10 10

EG

190,0

MA

163,8

MX

264,4

TR

157,6

ZZ

194,0

0808 10 80

AR

191,5

BR

108,7

CL

133,9

CN

88,3

NZ

131,0

US

141,8

ZA

120,1

ZZ

130,8

0808 30 90

AR

180,6

CL

148,9

TR

151,4

ZA

113,1

ZZ

148,5

0809 30

TR

146,8

ZZ

146,8

0809 40 05

BA

47,9

TR

101,0

ZZ

74,5

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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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| 20.8.2013 | EN | Official Journal of the European Union | L 222/11 |
| --- | --- | --- | --- |

20.8.2013

EN

Official Journal of the European Union

L 222/11

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COMMISSION IMPLEMENTING REGULATION (EU) No 792/2013

of 19 August 2013

withdrawing the suspension of submission of applications for import licences for sugar products under certain tariff quotas

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 (EC) No 891/2009 of 25 September 2009 opening and providing for the administration of certain Community tariff quotas in the sugar sector (2), and in particular Article 5(2) thereof,

Whereas:

| (1) | The submission of applications for import licences concerning order numbers 09.4319 and 09.4320 was suspended as from 27 September 2012 by Commission Implementing Regulation (EU) No 879/2012 of 26 September 2012 fixing the allocation coefficient for the issuing of import licences applied for from 8 to 14 September 2012 for sugar products under certain tariff quotas and suspending submission of applications for such licences (3), in accordance with Regulation (EC) No 891/2009. |
| --- | --- |

(1)

The submission of applications for import licences concerning order numbers 09.4319 and 09.4320 was suspended as from 27 September 2012 by Commission Implementing Regulation (EU) No 879/2012 of 26 September 2012 fixing the allocation coefficient for the issuing of import licences applied for from 8 to 14 September 2012 for sugar products under certain tariff quotas and suspending submission of applications for such licences (3), in accordance with Regulation (EC) No 891/2009.

| (2) | Following notifications on unused and/or partly used licences, quantities became available again for these order numbers. The suspension of applications should therefore be withdrawn, |
| --- | --- |

(2)

Following notifications on unused and/or partly used licences, quantities became available again for these order numbers. The suspension of applications should therefore be withdrawn,

HAS ADOPTED THIS REGULATION:

Article 1

The suspension of submission of applications for import licences for order numbers 09.4319 and 09.4320 as from 27 September 2012 laid down by Implementing Regulation (EU) No 879/2012 is withdrawn.

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, 19 August 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 254, 26.9.2009, p. 82.

2

(3)  
  OJ L 259, 27.9.2012, p. 3.

3

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DECISIONS

| 20.8.2013 | EN | Official Journal of the European Union | L 222/12 |
| --- | --- | --- | --- |

20.8.2013

EN

Official Journal of the European Union

L 222/12

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COMMISSION DECISION

of 16 August 2013

in application of Article 7 of Directive 94/9/EC of the European Parliament and the Council as regards a prohibition measure adopted by the Swedish authorities in respect of a fluorescent lamp ‘GW 80 455’ (ATEX-SE-01-2012)

(notified under document C(2013) 5315)

(Text with EEA relevance)

(2013/438/EU)

THE EUROPEAN COMMISSION,

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

Having regard to Directive 94/9/EC of the European Parliament and the Council of 23 March 1994 on the approximation of the laws of the Member States concerning equipment and protective systems intended for use in potentially explosive atmospheres (1) (the ATEX Directive), and in particular Article 7 thereof,

Whereas:

| (1) | Article 2(1) of Directive 94/9/EC states that Member States shall take all appropriate measures to ensure that the equipment, protective systems and devices to which the Directive applies, may be placed on the market and put into service only if, when properly installed and maintained and used for their intended purpose, they do not endanger the health and safety of persons and, where appropriate, domestic animals or property. |
| --- | --- |

(1)

Article 2(1) of Directive 94/9/EC states that Member States shall take all appropriate measures to ensure that the equipment, protective systems and devices to which the Directive applies, may be placed on the market and put into service only if, when properly installed and maintained and used for their intended purpose, they do not endanger the health and safety of persons and, where appropriate, domestic animals or property.

| (2) | Article 7(1) of Directive 94/9/EC provides that when a Member State ascertains that equipment, protective systems or devices bearing the CE conformity marking and used in accordance with its intended use are liable to endanger the safety of persons and, where appropriate, domestic animals or property, it shall take all appropriate measures to withdraw such equipment or protective systems from the market, to prohibit the placing on the market, putting into service or use thereof, or to restrict free movement thereof. The Member State shall immediately inform the Commission of any such measure, indicating the reason for its decision. |
| --- | --- |

(2)

Article 7(1) of Directive 94/9/EC provides that when a Member State ascertains that equipment, protective systems or devices bearing the CE conformity marking and used in accordance with its intended use are liable to endanger the safety of persons and, where appropriate, domestic animals or property, it shall take all appropriate measures to withdraw such equipment or protective systems from the market, to prohibit the placing on the market, putting into service or use thereof, or to restrict free movement thereof. The Member State shall immediately inform the Commission of any such measure, indicating the reason for its decision.

| (3) | On 2 October 2012, the authorities of Sweden formally notified to the European Commission a prohibition measure, taken on 19 September 2012, concerning the placing on the market of a fluorescent lamp, mark and type ‘GW 80 455’, manufactured by Gewiss SpA, via A. Volta 1, 24069 Cenate Sotto (Bergamo), Italy. |
| --- | --- |

(3)

On 2 October 2012, the authorities of Sweden formally notified to the European Commission a prohibition measure, taken on 19 September 2012, concerning the placing on the market of a fluorescent lamp, mark and type ‘GW 80 455’, manufactured by Gewiss SpA, via A. Volta 1, 24069 Cenate Sotto (Bergamo), Italy.

| (4) | The Swedish authorities indicated that their measure was based on the non-conformity of the product with the essential health and safety requirements referred to in Article 3 of the Directive 94/9/EC and set out in Annex II, in particular in points 1.0.5 (Marking) and 1.0.6 (Instructions), related to the incorrect application or shortcomings of the harmonised standard EN 60079-0:2006 — Electrical apparatus for explosive gas atmospheres — Part 0: General requirements (IEC 60079-0:2004, modified), which is referred in the manufacturer’s EC Declaration of Conformity. |
| --- | --- |

(4)

The Swedish authorities indicated that their measure was based on the non-conformity of the product with the essential health and safety requirements referred to in Article 3 of the Directive 94/9/EC and set out in Annex II, in particular in points 1.0.5 (Marking) and 1.0.6 (Instructions), related to the incorrect application or shortcomings of the harmonised standard EN 60079-0:2006 — Electrical apparatus for explosive gas atmospheres — Part 0: General requirements (IEC 60079-0:2004, modified), which is referred in the manufacturer’s EC Declaration of Conformity.

| (5) | The Swedish authorities submitted the test report on examination of explosion protection lamp, dated 3 April 2012. According to the Swedish authorities, the list of deviations includes:






  — | Serious criticism:






  — | Accompanying instructions (sub-clause 30.1 in EN 60079-0:2006): the marking ‘Potential electrostatic charging hazard – See instructions’ refers to the instructions for further information. Such information can not be found in the instructions. |
| --- | --- | --- | --- |

(5)

The Swedish authorities submitted the test report on examination of explosion protection lamp, dated 3 April 2012. According to the Swedish authorities, the list of deviations includes:

—

Serious criticism:

—

Accompanying instructions (sub-clause 30.1 in EN 60079-0:2006): the marking ‘Potential electrostatic charging hazard – See instructions’ refers to the instructions for further information. Such information can not be found in the instructions.

| — | Criticism:






  — | Marking (sub-clause 29.1 in EN 60079-0:2006) — If the lamp is mounted directly on a ceiling, it is difficult to see part of the marking on the label (Ex code and ambient temperature on the upper part of the label). |
| --- | --- | --- |

—

Criticism:

—

Marking (sub-clause 29.1 in EN 60079-0:2006) — If the lamp is mounted directly on a ceiling, it is difficult to see part of the marking on the label (Ex code and ambient temperature on the upper part of the label).

| — | Marking (sub-clause 29.2(z1) in EN 60079-0:2006) — Explosion group (II, IIA, IIB or IIC) is missing in the Ex code. |
| --- | --- |

—

Marking (sub-clause 29.2(z1) in EN 60079-0:2006) — Explosion group (II, IIA, IIB or IIC) is missing in the Ex code.

| — | Marking (sub-clause 29.1 in EN 60079-0:2006) — Address of the manufacturer is missing. |
| --- | --- |

—

Marking (sub-clause 29.1 in EN 60079-0:2006) — Address of the manufacturer is missing.

| — | Accompanying instructions (sub-clause 30.1 in EN 60079-0:2006) — The instructions are not in Swedish (they are in five other languages incl. Italian, English, French and German). |
| --- | --- |

—

Accompanying instructions (sub-clause 30.1 in EN 60079-0:2006) — The instructions are not in Swedish (they are in five other languages incl. Italian, English, French and German).

| — | Accompanying instructions (sub-clause 30.1 in EN 60079-0:2006) — Marked information shall be recapitulated in the instructions. Some of this information can not be found in the instructions:






  (a) | Warning text in the marking (or corresponding text which describes the warnings) is missing in the instructions. |
| --- | --- | --- |

—

Accompanying instructions (sub-clause 30.1 in EN 60079-0:2006) — Marked information shall be recapitulated in the instructions. Some of this information can not be found in the instructions:

(a)

Warning text in the marking (or corresponding text which describes the warnings) is missing in the instructions.

| (b) | Temperature class ‘T3’ (for gas) and maximum temperature ‘T78 °C’ (for dust) for the lamp, can not be found in the instructions. |
| --- | --- |

(b)

Temperature class ‘T3’ (for gas) and maximum temperature ‘T78 °C’ (for dust) for the lamp, can not be found in the instructions.

| (c) | Explosion group (II, IIA, IIB or IIC), which shall be included in the Ex code according to 29.2(e) in EN 60079-0:2006, can not be found in the instructions. |
| --- | --- |

(c)

Explosion group (II, IIA, IIB or IIC), which shall be included in the Ex code according to 29.2(e) in EN 60079-0:2006, can not be found in the instructions.

| (6) | On 6 November 2012, the Commission wrote to the manufacturer, Gewiss SpA, inviting them to communicate their observations regarding the measure taken by the Swedish authorities. |
| --- | --- |

(6)

On 6 November 2012, the Commission wrote to the manufacturer, Gewiss SpA, inviting them to communicate their observations regarding the measure taken by the Swedish authorities.

| (7) | On 11 January 2013, Gewiss SpA replied, providing specific answers and technical analysis for each one of the deviations pointed out by the Swedish authorities:






  — | Regarding the ‘serious criticism’ on accompanying instructions, the manufacturer indicated that the marking and the instructions have been developed according to the risk assessment of the product for gases and dusts, in order to comply with the specific requirements of the relevant harmonised standard. In particular, information on ‘potential electrostatic charging hazard’ is reproduced on the product itself within a general interpretation of the term ‘instructions’, diverging from the interpretation of the Swedish authorities who make reference to ‘accompanying instructions’. |
| --- | --- | --- |

(7)

On 11 January 2013, Gewiss SpA replied, providing specific answers and technical analysis for each one of the deviations pointed out by the Swedish authorities:

—

Regarding the ‘serious criticism’ on accompanying instructions, the manufacturer indicated that the marking and the instructions have been developed according to the risk assessment of the product for gases and dusts, in order to comply with the specific requirements of the relevant harmonised standard. In particular, information on ‘potential electrostatic charging hazard’ is reproduced on the product itself within a general interpretation of the term ‘instructions’, diverging from the interpretation of the Swedish authorities who make reference to ‘accompanying instructions’.

| — | Regarding the ‘criticisms’, the manufacturer indicated that the deviations are not really critical, being related to possible differences in interpretation of the relevant clauses of the standard. |
| --- | --- |

—

Regarding the ‘criticisms’, the manufacturer indicated that the deviations are not really critical, being related to possible differences in interpretation of the relevant clauses of the standard.

| (8) | In its reply, the manufacturer underlined that accompanying instructions and marking of the product have been improved and modified according to the most recent versions of the applicable harmonised standards (2009, 2010 and 2012). In fact, the product based on the 2006 version of the harmonised standard EN 60079-0 is no longer available on the EU market. Copies of the new markings, instructions and Declaration of Conformity of the product are provided in the reply; in particular, accompanying instructions are available now also in Swedish. |
| --- | --- |

(8)

In its reply, the manufacturer underlined that accompanying instructions and marking of the product have been improved and modified according to the most recent versions of the applicable harmonised standards (2009, 2010 and 2012). In fact, the product based on the 2006 version of the harmonised standard EN 60079-0 is no longer available on the EU market. Copies of the new markings, instructions and Declaration of Conformity of the product are provided in the reply; in particular, accompanying instructions are available now also in Swedish.

| (9) | The Swedish authorities produced no further documentation after the reply of the manufacturer. |
| --- | --- |

(9)

The Swedish authorities produced no further documentation after the reply of the manufacturer.

| (10) | In light of the documentation available, and the comments of the parties concerned, the Commission considers that the fluorescent lamp, mark and type ‘GW 80 455’, in its configuration as analysed by the Swedish authorities making reference to the harmonised standard EN 60079-0:2006, failed to comply with the essential health and safety requirements referred to in Article 3 of the Directive 94/9/EC and set out in Annex II, in particular in points 1.0.5 (Marking) and 1.0.6 (Instructions). These non-conformities and the related technical deficiencies gave rise to serious risks for users because they refer to essential health and safety requirements, established in Annex II to Directive 94/9/EC, which had not been fulfilled by the product, taking into consideration that:






  — | for the ‘serious criticism’, the reference to ‘instructions’ is to be interpreted as the ‘accompanying instructions’, according to point 1.0.6(a) of Annex II, and not in a general manner as instruction in any kind of form, |
| --- | --- | --- |

(10)

In light of the documentation available, and the comments of the parties concerned, the Commission considers that the fluorescent lamp, mark and type ‘GW 80 455’, in its configuration as analysed by the Swedish authorities making reference to the harmonised standard EN 60079-0:2006, failed to comply with the essential health and safety requirements referred to in Article 3 of the Directive 94/9/EC and set out in Annex II, in particular in points 1.0.5 (Marking) and 1.0.6 (Instructions). These non-conformities and the related technical deficiencies gave rise to serious risks for users because they refer to essential health and safety requirements, established in Annex II to Directive 94/9/EC, which had not been fulfilled by the product, taking into consideration that:

—

for the ‘serious criticism’, the reference to ‘instructions’ is to be interpreted as the ‘accompanying instructions’, according to point 1.0.6(a) of Annex II, and not in a general manner as instruction in any kind of form,

| — | for the ‘criticisms’, the missing elements in markings and instructions have been detected with regard not to different interpretations of the standard, but directly to the specific prescriptions of points 1.0.5 and 1.0.6(a) and (b) of Annex II, |
| --- | --- |

—

for the ‘criticisms’, the missing elements in markings and instructions have been detected with regard not to different interpretations of the standard, but directly to the specific prescriptions of points 1.0.5 and 1.0.6(a) and (b) of Annex II,

HAS ADOPTED THIS DECISION:

Article 1

The measure taken by the authorities of Sweden prohibiting the placing on the market of a fluorescent lamp, mark and type ‘GW 80 455’, formerly manufactured by Gewiss SpA, referred to the 2006 edition of standard EN 60079-0 and now obsolete, is justified.

Article 2

This Decision is addressed to the Member States.

Done at Brussels, 16 August 2013.

For the Commission

Antonio TAJANI

Vice-President

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(1)  
  OJ L 100, 19.4.1994, p. 1.

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20.8.2013

| 20.8.2013 | EN | Official Journal of the European Union | L 222/s3 |
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EN

Official Journal of the European Union

L 222/s3

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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

In accordance with Council Regulation (EU) No 216/2013 of 7 March 2013 on the electronic publication of the Official Journal of the European Union (OJ L 69, 13.3.2013, p. 1), as of 1 July 2013, only the electronic edition of the Official Journal shall be considered authentic and shall have legal effect.

Official Journal of the European Union

Where it is not possible to publish the electronic edition of the Official Journal due to unforeseen and exceptional circumstances, the printed edition shall be authentic and shall have legal effect in accordance with the terms and conditions set out in Article 3 of Regulation (EU) No 216/2013.

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| 20.8.2013 | EN | Official Journal of the European Union | L 222/s3 |
| --- | --- | --- | --- |

20.8.2013

EN

Official Journal of the European Union

L 222/s3

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NOTE TO READERS — WAY OF REFERRING TO ACTS

As of 1 July 2013 the way of referring to acts has changed.

During a transitional period this new practice will coexist with the previous one.

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