# Official Journal L 97/2017

| | ISSN 1977-0677 |
| --- | --- |
| Official Journal
  of the European Union | L 97 |
| | |
| English edition | Legislation | Volume 608 April 2017 |

ISSN 1977-0677

Official Journal

of the European Union

L 97

English edition

Legislation

Volume 608 April 2017

---

| Contents | | II   Non-legislative acts | page |
| --- | --- | --- | --- |
| | | INTERNATIONAL AGREEMENTS |
| | * | Council Decision (EU) 2017/668 of 27 June 2016 on the conclusion, on behalf of the European Union and its Member States, of the Additional Protocol to the Trade Agreement between the European Union and its Member States, of the one part, and Colombia and Peru, of the other part, to take account of the accession of the Republic of Croatia to the European Union | 1 |
| | | REGULATIONS |
| | * | Commission Delegated Regulation (EU) 2017/669 of 16 December 2016 correcting the Bulgarian, Croatian, Czech, Estonian, French, Greek, Lithuanian, Maltese, Romanian, Slovak and Swedish language versions of Delegated Regulation (EU) 2015/35 supplementing Directive 2009/138/EC of the European Parliament and of the Council on the taking-up and pursuit of the business of Insurance and Reinsurance (Solvency II) (
  1
  ) | 3 |
| | * | Commission Delegated Regulation (EU) 2017/670 of 31 January 2017 supplementing Regulation (EU) No 251/2014 of the European Parliament and of the Council as regards the authorised production processes for obtaining aromatised wine products | 5 |
| | * | Commission Regulation (EU) 2017/671 of 7 April 2017 amending Annex II to Regulation (EC) No 396/2005 of the European Parliament and of the Council as regards maximum residue levels for clothianidin and thiamethoxam in or on certain products (
  1
  ) | 9 |
| | * | Commission Implementing Regulation (EU) 2017/672 of 7 April 2017 authorising a health claim made on foods, other than those referring to the reduction of disease risk and to children's development and health and amending Regulation (EU) No 432/2012 (
  1
  ) | 24 |
| | | Commission Implementing Regulation (EU) 2017/673 of 7 April 2017 establishing the standard import values for determining the entry price of certain fruit and vegetables | 27 |
| | | DECISIONS |
| | * | Council Decision (EU) 2017/674 of 3 April 2017 establishing the position to be adopted on behalf of the European Union within the eighth meeting of the Conference of the Parties to the Rotterdam Convention as regards the amendments of Annex III to the Rotterdam Convention on the Prior Informed Consent Procedure for certain hazardous chemicals and pesticides in international trade | 29 |
| | * | Commission Implementing Decision (EU) 2017/675 of 7 April 2017 on measures to prevent the introduction into the Union of the foot-and-mouth disease virus from Algeria
  (notified under document C(2017) 2432)

   (
  1
  ) | 31 |

Contents

II   Non-legislative acts

page

INTERNATIONAL AGREEMENTS

*

Council Decision (EU) 2017/668 of 27 June 2016 on the conclusion, on behalf of the European Union and its Member States, of the Additional Protocol to the Trade Agreement between the European Union and its Member States, of the one part, and Colombia and Peru, of the other part, to take account of the accession of the Republic of Croatia to the European Union

1

REGULATIONS

*

Commission Delegated Regulation (EU) 2017/669 of 16 December 2016 correcting the Bulgarian, Croatian, Czech, Estonian, French, Greek, Lithuanian, Maltese, Romanian, Slovak and Swedish language versions of Delegated Regulation (EU) 2015/35 supplementing Directive 2009/138/EC of the European Parliament and of the Council on the taking-up and pursuit of the business of Insurance and Reinsurance (Solvency II) (
  1
  )

1

3

*

Commission Delegated Regulation (EU) 2017/670 of 31 January 2017 supplementing Regulation (EU) No 251/2014 of the European Parliament and of the Council as regards the authorised production processes for obtaining aromatised wine products

5

*

Commission Regulation (EU) 2017/671 of 7 April 2017 amending Annex II to Regulation (EC) No 396/2005 of the European Parliament and of the Council as regards maximum residue levels for clothianidin and thiamethoxam in or on certain products (
  1
  )

1

9

*

Commission Implementing Regulation (EU) 2017/672 of 7 April 2017 authorising a health claim made on foods, other than those referring to the reduction of disease risk and to children's development and health and amending Regulation (EU) No 432/2012 (
  1
  )

1

24

Commission Implementing Regulation (EU) 2017/673 of 7 April 2017 establishing the standard import values for determining the entry price of certain fruit and vegetables

27

DECISIONS

*

Council Decision (EU) 2017/674 of 3 April 2017 establishing the position to be adopted on behalf of the European Union within the eighth meeting of the Conference of the Parties to the Rotterdam Convention as regards the amendments of Annex III to the Rotterdam Convention on the Prior Informed Consent Procedure for certain hazardous chemicals and pesticides in international trade

29

*

Commission Implementing Decision (EU) 2017/675 of 7 April 2017 on measures to prevent the introduction into the Union of the foot-and-mouth disease virus from Algeria
  (notified under document C(2017) 2432)

   (
  1
  )

(notified under document C(2017) 2432)

1

31

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

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(1)   Text with EEA relevance.

1

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

EN

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

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

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II Non-legislative acts

INTERNATIONAL AGREEMENTS

| 8.4.2017 | EN | Official Journal of the European Union | L 97/1 |
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8.4.2017

EN

Official Journal of the European Union

L 97/1

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COUNCIL DECISION (EU) 2017/668

of 27 June 2016

on the conclusion, on behalf of the European Union and its Member States, of the Additional Protocol to the Trade Agreement between the European Union and its Member States, of the one part, and Colombia and Peru, of the other part, to take account of the accession of the Republic of Croatia to the European Union

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union, and in particular Article 91, Article 100(2), and Article 207 in conjunction with point (a)(v) of the second subparagraph of Article 218(6) thereof,

Having regard to the Act of Accession of the Republic of Croatia, and in particular the second subparagraph of Article 6(2) thereof,

Having regard to the proposal from the European Commission,

Having regard to the consent of the European Parliament (1),

Whereas:

| (1) | In accordance with Council Decision (EU) 2015/1277 (2), the Additional Protocol to the Trade Agreement between the European Union and its Member States, of the one part, and Colombia and Peru, of the other part, to take account of the accession of the Republic of Croatia to the European Union (‘the Additional Protocol’) has been signed, subject to its conclusion. |
| --- | --- |

(1)

In accordance with Council Decision (EU) 2015/1277 (2), the Additional Protocol to the Trade Agreement between the European Union and its Member States, of the one part, and Colombia and Peru, of the other part, to take account of the accession of the Republic of Croatia to the European Union (‘the Additional Protocol’) has been signed, subject to its conclusion.

| (2) | The Additional Protocol should be approved, |
| --- | --- |

(2)

The Additional Protocol should be approved,

HAS ADOPTED THIS DECISION:

Article 1

The Additional Protocol to the Trade Agreement between the European Union and its Member States, of the one part, and Colombia and Peru, of the other part, to take account of the accession of the Republic of Croatia to the European Union is hereby approved on behalf of the Union and its Member States (3).

Article 2

The President of the Council is hereby authorised to designate the person(s) empowered to make the notification provided for in Article 12(2) of the Additional Protocol.

Article 3

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

Done at Brussels, 27 June 2016.

For the Council

The President

M. VAN DAM

---

(1)  Consent of 7 June 2016.

1

(2)  (OJ L 204, 31.7.2015, p. 1).

2

(3)  The text of the Additional Protocol will be published together with the decision on its signature.

3

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REGULATIONS

| 8.4.2017 | EN | Official Journal of the European Union | L 97/3 |
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8.4.2017

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Official Journal of the European Union

L 97/3

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COMMISSION DELEGATED REGULATION (EU) 2017/669

of 16 December 2016

correcting the Bulgarian, Croatian, Czech, Estonian, French, Greek, Lithuanian, Maltese, Romanian, Slovak and Swedish language versions of Delegated Regulation (EU) 2015/35 supplementing Directive 2009/138/EC of the European Parliament and of the Council on the taking-up and pursuit of the business of Insurance and Reinsurance (Solvency II)

(Text with EEA relevance)

THE EUROPEAN COMMISSION,

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

Having regard to Directive 2009/138/EC of the European Parliament and of the Council of 25 November 2009 on the taking-up and pursuit of the business of Insurance and Reinsurance (Solvency II) (1) and in particular Article 86(1)(e) and Article 111(1)(c) thereof,

Whereas:

| (1) | The Bulgarian, Croatian, Czech, Estonian, French, Greek, Lithuanian, Maltese, Romanian, Slovak and Swedish language versions of Commission Delegated Regulation (EU) 2015/35 (2) contain, in Article 182(4), an error regarding the weighted average credit quality step on a single name exposure. Therefore, a correction of the Bulgarian, Croatian, Czech, Estonian, French, Greek, Lithuanian, Maltese, Romanian, Slovak and Swedish language versions is necessary. The other language versions are not affected. |
| --- | --- |

(1)

The Bulgarian, Croatian, Czech, Estonian, French, Greek, Lithuanian, Maltese, Romanian, Slovak and Swedish language versions of Commission Delegated Regulation (EU) 2015/35 (2) contain, in Article 182(4), an error regarding the weighted average credit quality step on a single name exposure. Therefore, a correction of the Bulgarian, Croatian, Czech, Estonian, French, Greek, Lithuanian, Maltese, Romanian, Slovak and Swedish language versions is necessary. The other language versions are not affected.

| (2) | The French language version contains, in Annex I, Section D, point 29, an additional error regarding the line of business ‘Health insurance’. Therefore, a correction of the French language version is necessary. The other language versions are not affected. |
| --- | --- |

(2)

The French language version contains, in Annex I, Section D, point 29, an additional error regarding the line of business ‘Health insurance’. Therefore, a correction of the French language version is necessary. The other language versions are not affected.

| (3) | Delegated Regulation (EU) 2015/35 should therefore be corrected accordingly. |
| --- | --- |

(3)

Delegated Regulation (EU) 2015/35 should therefore be corrected accordingly.

| (4) | In order to ensure a level playing field across the Union for all insurance and reinsurance undertakings in the application of the relevant rules, this Regulation should enter into force as a matter of urgency, |
| --- | --- |

(4)

In order to ensure a level playing field across the Union for all insurance and reinsurance undertakings in the application of the relevant rules, this Regulation should enter into force as a matter of urgency,

HAS ADOPTED THIS REGULATION:

Article 1

(does not concern the English language)

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 December 2016.

For the Commission

The President

Jean-Claude JUNCKER

---

(1)  
  OJ L 335, 17.12.2009, p. 1.

1

(2)  Commission Delegated Regulation (EU) 2015/35 of 10 October 2014 supplementing Directive 2009/138/EC of the European Parliament and of the Council on the taking-up and pursuit of the business of Insurance and Reinsurance (Solvency II) (OJ L 12, 17.1.2015, p. 1).

2

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| 8.4.2017 | EN | Official Journal of the European Union | L 97/5 |
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8.4.2017

EN

Official Journal of the European Union

L 97/5

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COMMISSION DELEGATED REGULATION (EU) 2017/670

of 31 January 2017

supplementing Regulation (EU) No 251/2014 of the European Parliament and of the Council as regards the authorised production processes for obtaining aromatised wine products

THE EUROPEAN COMMISSION,

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

Having regard to Regulation (EU) No 251/2014 of the European Parliament and of the Council of 26 February 2014 on the definition, description, presentation, labelling and the protection of geographical indications of aromatised wine products (1), and in particular Article 4(2) thereof,

Whereas:

| (1) | Aromatised wine products are traditionally produced in the Union, constitute an important sector for producers and consumers and are an important outlet for the Union's agriculture. Article 4 of Regulation (EU) No 251/2014 lays down the requirements, restrictions and descriptions in accordance to which aromatised wines are to be produced. It also empowers the Commission to adopt a delegated act in order to establish the production processes for obtaining aromatised wine products. |
| --- | --- |

(1)

Aromatised wine products are traditionally produced in the Union, constitute an important sector for producers and consumers and are an important outlet for the Union's agriculture. Article 4 of Regulation (EU) No 251/2014 lays down the requirements, restrictions and descriptions in accordance to which aromatised wines are to be produced. It also empowers the Commission to adopt a delegated act in order to establish the production processes for obtaining aromatised wine products.

| (2) | In order to attain a high level of consumer protection, prevent deceptive practices and ensure fair competition among producers, clearly defined criteria for the production of aromatised wine products should be set out. Furthermore, in accordance with Article 4 of Regulation (EU) No 251/2014, the Commission is to take into account the production processes recommended and published by the International Organisation of Vine and Wine (OIV). |
| --- | --- |

(2)

In order to attain a high level of consumer protection, prevent deceptive practices and ensure fair competition among producers, clearly defined criteria for the production of aromatised wine products should be set out. Furthermore, in accordance with Article 4 of Regulation (EU) No 251/2014, the Commission is to take into account the production processes recommended and published by the International Organisation of Vine and Wine (OIV).

| (3) | The production processes for aromatised wine products recommended and published by the OIV are included in OIV Resolution OENO 439-2012 and should be used as reference for the establishment of the production processes authorised in the Union. However, it emerges from the consultation of experts of Member States and representatives of the aromatised wine products sector that some of those processes do not fully reflect the traditional production practices of the Union. They should therefore be adapted and completed to better respond to producers needs as regards methods of production and consumer expectations as regards the quality of the products, |
| --- | --- |

(3)

The production processes for aromatised wine products recommended and published by the OIV are included in OIV Resolution OENO 439-2012 and should be used as reference for the establishment of the production processes authorised in the Union. However, it emerges from the consultation of experts of Member States and representatives of the aromatised wine products sector that some of those processes do not fully reflect the traditional production practices of the Union. They should therefore be adapted and completed to better respond to producers needs as regards methods of production and consumer expectations as regards the quality of the products,

HAS ADOPTED THIS REGULATION:

Article 1

Production processes for aromatised wine products

The authorised production processes for obtaining aromatised wine products, in accordance with Regulation (EU) No 251/2014, are those listed in the Annex to this Regulation.

Article 2

Entry into force

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

Official Journal of the European Union

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

Done at Brussels, 31 January 2017.

For the Commission

The President

Jean-Claude JUNCKER

---

(1)  
  OJ L 84, 20.3.2014, p. 14.

1

---

ANNEX

List of authorised production processes referred to in Article 4(2) of Regulation (EU) No 251/2014

| No | Production Process | Purpose | Conditions of use | Requirements |
| --- | --- | --- | --- | --- |
| 1 | Acidification and deacidification | To increase or decrease titration acidity and real acidity (decrease or increase of pH), in order to provide specific organoleptic characteristics and increase stability. | — | Electromembrane treatment |

No

Production Process

Purpose

Conditions of use

Requirements

1

Acidification and deacidification

To increase or decrease titration acidity and real acidity (decrease or increase of pH), in order to provide specific organoleptic characteristics and increase stability.

—

Electromembrane treatment

| — | Treatment with cation exchangers |
| --- | --- |

—

Treatment with cation exchangers

For the electro-membrane treatment for acidification, the requirements set out in Appendix 14 to Commission Regulation (EC) No 606/2009 (1) apply mutatis mutandis.

For the electro-membrane treatment for deacidification, the requirements set out in Appendix 17 to Regulation (EC) No 606/2009 apply mutatis mutandis.

For the use of cation exchangers, the requirements set out in Appendix 15 to Regulation (EC) No 606/2009 apply mutatis mutandis.

2

Filtration and centrifugation

To obtain:

| — | transparency of the products |
| --- | --- |

—

transparency of the products

| — | biological stability by the elimination of micro-organisms |
| --- | --- |

—

biological stability by the elimination of micro-organisms

| — | chemical stability. |
| --- | --- |

—

chemical stability.

Flow of aromatised wines products through filters that trap suspended particles, substances in solution in colloid state.

Filtration can be performed with or without inert filtering agent, with organic or mineral membranes, including semi-permeable membranes.

3

Correction of the colour and taste

| — | To adjust the colour of the product. |
| --- | --- |

—

To adjust the colour of the product.

| — | To provide specific organoleptic characteristics to the product. |
| --- | --- |

—

To provide specific organoleptic characteristics to the product.

| — | Treatment with oenological charcoal. |
| --- | --- |

—

Treatment with oenological charcoal.

| — | Treatment by polyvinylpolypyrrolidone. |
| --- | --- |

—

Treatment by polyvinylpolypyrrolidone.

Charcoal: maximum 200 g/hl

Polyvinylpolypyrrolidone: Maximum 80 g/hl

4

Increase of the alcohol content

To increase the alcoholic strength

| — | Water removal by:






  — | substractive enrichment techniques as reverse osmosis; |
| --- | --- | --- |

—

Water removal by:

—

substractive enrichment techniques as reverse osmosis;

| — | cryoconcentration by means of freezing and removal of ice thus formed. |
| --- | --- |

—

cryoconcentration by means of freezing and removal of ice thus formed.

| — | Refermentation by the addition of fermentable sugars among those referred to in Annex I(2) to Regulation (EU) No 251/2014 and subsequent fermentation by means of selected yeasts. |
| --- | --- |

—

Refermentation by the addition of fermentable sugars among those referred to in Annex I(2) to Regulation (EU) No 251/2014 and subsequent fermentation by means of selected yeasts.

5

Decrease of the alcohol content

To reduce of the alcoholic strength

Separation of ethanol by using physical separation techniques.

The aromatized wine products treated must have no organoleptic defaults and must be suitable for direct human consumption.

Reduction of alcohol in aromatized wine product cannot be carried out if one of the following operations took place during the preparation of the aromatized wine product:

| — | addition of alcohol |
| --- | --- |

—

addition of alcohol

| — | concentration |
| --- | --- |

—

concentration

| — | refermentation |
| --- | --- |

—

refermentation

6

Tartaric stabilization

To obtain tartaric stability with regard to potassium hydrogen tartrate, calcium tartrate and other calcium salts.

| — | Electrodialysis treatment |
| --- | --- |

—

Electrodialysis treatment

| — | Treatment by cation exchanger, during which the base wine flows through a column filled with polymeric resin reacting as undissolvable polyectrolyte and whose cations can be exchanged with cations of the surrounding environment. |
| --- | --- |

—

Treatment by cation exchanger, during which the base wine flows through a column filled with polymeric resin reacting as undissolvable polyectrolyte and whose cations can be exchanged with cations of the surrounding environment.

| — | Cooling, by keeping products at a reduced temperature |
| --- | --- |

—

Cooling, by keeping products at a reduced temperature

For the electrodialysis treatment, the requirements set out in Appendix 7 to Regulation (EC) No 606/2009 apply mutatis mutandis.

For the use of cation exchangers, the requirements set out in Appendix 12 to Regulation (EC) No 606/2009 apply mutatis mutandis.

7

Blending

To adjust the final organoleptic profile of aromatised wine products

Blending of different products of the wine sector, as referred to in points 2(a), 3(a) and 4(a) of Article 3 of Regulation (EU) No 251/2014.

8

Preservation by heat

To preserve the product by securing microbiological stability.

Heat treatments, including pasteurization. Heating to a temperature necessary to remove yeasts and bacteria.

9

Clarification

To remove insoluble components

Use of the following processing aids:

| — | edible gelatine |
| --- | --- |

—

edible gelatine

| — | plant proteins from wheat and peas |
| --- | --- |

—

plant proteins from wheat and peas

| — | isinglass |
| --- | --- |

—

isinglass

| — | casein and potassium caseinates |
| --- | --- |

—

casein and potassium caseinates

| — | egg albumin |
| --- | --- |

—

egg albumin

| — | bentonite |
| --- | --- |

—

bentonite

| — | silicon dioxide as a gel or colloidal solution |
| --- | --- |

—

silicon dioxide as a gel or colloidal solution

---

(1)  Commission Regulation (EC) No 606/2009 of 10 July 2009 laying down certain detailed rules for implementing Council Regulation (EC) No 479/2008 as regards the categories of grapevine products, oenological practices and the applicable restrictions (OJ L 193, 24.7.2009, p. 1).

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| 8.4.2017 | EN | Official Journal of the European Union | L 97/9 |
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8.4.2017

EN

Official Journal of the European Union

L 97/9

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COMMISSION REGULATION (EU) 2017/671

of 7 April 2017

amending Annex II to Regulation (EC) No 396/2005 of the European Parliament and of the Council as regards maximum residue levels for clothianidin and thiamethoxam in or on certain products

(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 396/2005 of the European Parliament and of the Council of 23 February 2005 on maximum residue levels of pesticides in or on food and feed of plant and animal origin and amending Council Directive 91/414/EEC (1), and in particular Article 14(1)(a) thereof,

Whereas:

| (1) | On 11 July 2015, the Codex Alimentarius Commission (CAC) adopted Codex maximum residue limits (CXLs) for clothianidin and thiamethoxam (2). |
| --- | --- |

(1)

On 11 July 2015, the Codex Alimentarius Commission (CAC) adopted Codex maximum residue limits (CXLs) for clothianidin and thiamethoxam (2).

| (2) | Maximum residue levels (MRLs) are set for those substances in Regulation (EC) No 396/2005. |
| --- | --- |

(2)

Maximum residue levels (MRLs) are set for those substances in Regulation (EC) No 396/2005.

| (3) | In accordance with Article 5(3) of Regulation (EC) No 178/2002 of the European Parliament and of the Council (3), where international standards exist or their completion is imminent, they are to be taken into consideration in the development or adaptation of food law, except where such standards or relevant parts would be an ineffective or inappropriate means for the fulfilment of the legitimate objectives of food law or where there is a scientific justification, or where they would result in a different level of protection from the one determined as appropriate in the Union. Moreover, in accordance with point (e) of Article 13 of that Regulation, the Union is to promote consistency between international technical standards and food law while ensuring that the high level of protection adopted in the Union is not reduced. |
| --- | --- |

(3)

In accordance with Article 5(3) of Regulation (EC) No 178/2002 of the European Parliament and of the Council (3), where international standards exist or their completion is imminent, they are to be taken into consideration in the development or adaptation of food law, except where such standards or relevant parts would be an ineffective or inappropriate means for the fulfilment of the legitimate objectives of food law or where there is a scientific justification, or where they would result in a different level of protection from the one determined as appropriate in the Union. Moreover, in accordance with point (e) of Article 13 of that Regulation, the Union is to promote consistency between international technical standards and food law while ensuring that the high level of protection adopted in the Union is not reduced.

| (4) | CXLs for clothianidin and thiamethoxam should therefore be included in Regulation (EC) No 396/2005 as MRLs except where they relate to products which are not set out in Annex I to that Regulation or where they are set at a lower level than the current MRLs. Those CXLs are safe for consumers in the Union (4). |
| --- | --- |

(4)

CXLs for clothianidin and thiamethoxam should therefore be included in Regulation (EC) No 396/2005 as MRLs except where they relate to products which are not set out in Annex I to that Regulation or where they are set at a lower level than the current MRLs. Those CXLs are safe for consumers in the Union (4).

| (5) | Regulation (EC) No 396/2005 should therefore be amended accordingly. |
| --- | --- |

(5)

Regulation (EC) No 396/2005 should therefore be amended accordingly.

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

(6)

The measures provided for in this Regulation are in accordance with the opinion of the Standing Committee on Plants, Animals, Food and Feed,

HAS ADOPTED THIS REGULATION:

Article 1

Annex II to Regulation (EC) No 396/2005 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.

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

Done at Brussels, 7 April 2017.

For the Commission

The President

Jean-Claude JUNCKER

---

(1)  
  OJ L 70, 16.3.2005, p. 1.

1

(2)  ftp://ftp.fao.org/codex/reports/reports_2015/REP15_PRe.pdf.

2

Joint FAO/WHO food standards programme Codex Alimentarius Commission. Appendices III and IV. Thirty-Eight Session. Geneva, Switzerland, 6-11 July 2015.

(3)  Regulation (EC) No 178/2002 of the European Parliament and of the Council of 28 January 2002 laying down the general principles and requirements of food law, establishing the European Food Safety Authority and laying down procedures in matters of food safety (OJ L 31, 1.2.2002, p. 1).

3

(4)  Scientific support for preparing an EU position in the 47th Session of the Codex Committee on Pesticide Residues (CCPR). EFSA Journal 2015;13(7):4208 [178 pp.].

4

---

ANNEX

In Annex II to Regulation (EC) No 396/2005, the columns for clothianidin and thiamethoxam are replaced by the following:

‘Pesticide residues and maximum residue levels (mg/kg)

| Code number | Groups and examples of individual products to which the MRLs apply (1) | Clothianidin | Thiamethoxam |
| --- | --- | --- | --- |
| (1) | (2) | (3) | (4) |
| 0100000 | FRUITS, FRESH or FROZEN; TREE NUTS | | |
| 0110000 | Citrus fruits | 0,06 (+) | 0,15 (+) |
| 0110010 | Grapefruits | | |
| 0110020 | Oranges | | |
| 0110030 | Lemons | | |
| 0110040 | Limes | | |
| 0110050 | Mandarins | | |
| 0110990 | Others | | |
| 0120000 | Tree nuts | 0,01 (1) | |
| 0120010 | Almonds | | 0,01 (1) |
| 0120020 | Brazil nuts | | 0,01 (1) |
| 0120030 | Cashew nuts | | 0,01 (1) |
| 0120040 | Chestnuts | | 0,01 (1) |
| 0120050 | Coconuts | | 0,01 (1) |
| 0120060 | Hazelnuts/cobnuts | | 0,01 (1) |
| 0120070 | Macadamias | | 0,01 (1) |
| 0120080 | Pecans | | 0,02 (1) |
| 0120090 | Pine nut kernels | | 0,01 (1) |
| 0120100 | Pistachios | | 0,01 (1) |
| 0120110 | Walnuts | | 0,01 (1) |
| 0120990 | Others | | 0,01 (1) |
| 0130000 | Pome fruits | 0,4 | 0,3 |
| 0130010 | Apples | | |
| 0130020 | Pears | | |
| 0130030 | Quinces | | |
| 0130040 | Medlars | | |
| 0130050 | Loquats/Japanese medlars | | |
| 0130990 | Others | | |
| 0140000 | Stone fruits | | |
| 0140010 | Apricots | 0,15 | 0,07 (+) |
| 0140020 | Cherries (sweet) | 0,03 (+) | 0,6 (+) |
| 0140030 | Peaches | 0,15 | 0,07 |
| 0140040 | Plums | 0,01 (1) | 0,01 (1) |
| 0140990 | Others | 0,01 (1) | 0,01 (1) |
| 0150000 | Berries and small fruits | | |
| 0151000 | (a) | grapes |

Code number

Groups and examples of individual products to which the MRLs apply (1)

Clothianidin

Thiamethoxam

(1)

(2)

(3)

(4)

0100000

FRUITS, FRESH or FROZEN; TREE NUTS

0110000

Citrus fruits

0,06 (+)

0,15 (+)

0110010

Grapefruits

0110020

Oranges

0110030

Lemons

0110040

Limes

0110050

Mandarins

0110990

Others

0120000

Tree nuts

0,01 (1)

0120010

Almonds

0,01 (1)

0120020

Brazil nuts

0,01 (1)

0120030

Cashew nuts

0,01 (1)

0120040

Chestnuts

0,01 (1)

0120050

Coconuts

0,01 (1)

0120060

Hazelnuts/cobnuts

0,01 (1)

0120070

Macadamias

0,01 (1)

0120080

Pecans

0,02 (1)

0120090

Pine nut kernels

0,01 (1)

0120100

Pistachios

0,01 (1)

0120110

Walnuts

0,01 (1)

0120990

Others

0,01 (1)

0130000

Pome fruits

0,4

0,3

0130010

Apples

0130020

Pears

0130030

Quinces

0130040

Medlars

0130050

Loquats/Japanese medlars

0130990

Others

0140000

Stone fruits

0140010

Apricots

0,15

0,07 (+)

0140020

Cherries (sweet)

0,03 (+)

0,6 (+)

0140030

Peaches

0,15

0,07

0140040

Plums

0,01 (1)

0,01 (1)

0140990

Others

0,01 (1)

0,01 (1)

0150000

Berries and small fruits

0151000

(a)

0,7 (+)

0,4 (+)

0151010

Table grapes

0151020

Wine grapes

0152000

| (b) | strawberries |
| --- | --- |

(b)

0,02 (1) (+)

0,3 (+)

0153000

| (c) | cane fruits |
| --- | --- |

(c)

0,01 (1)

0,01 (1)

0153010

Blackberries

0153020

Dewberries

0153030

Raspberries (red and yellow)

0153990

Others

0154000

| (d) | other small fruits and berries |
| --- | --- |

(d)

0,01 (1)

0,01 (1)

0154010

Blueberries

0154020

Cranberries

0154030

Currants (black, red and white)

0154040

Gooseberries (green, red and yellow)

0154050

Rose hips

0154060

Mulberries (black and white)

0154070

Azaroles/Mediterranean medlars

0154080

Elderberries

0154990

Others

0160000

Miscellaneous fruits with

0161000

| (a) | edible peel |
| --- | --- |

(a)

0161010

Dates

0,01 (1)

0,01 (1)

0161020

Figs

0,01 (1)

0,01 (1)

0161030

Table olives

0,09

0,4

0161040

Kumquats

0,01 (1)

0,01 (1)

0161050

Carambolas

0,01 (1)

0,01 (1)

0161060

Kaki/Japanese persimmons

0,01 (1)

0,01 (1)

0161070

Jambuls/jambolans

0,01 (1)

0,01 (1)

0161990

Others

0,01 (1)

0,01 (1)

0162000

| (b) | inedible peel, small |
| --- | --- |

(b)

0,01 (1)

0,01 (1)

0162010

Kiwi fruits (green, red, yellow)

0162020

Litchis/lychees

0162030

Passionfruits/maracujas

0162040

Prickly pears/cactus fruits

0162050

Star apples/cainitos

0162060

American persimmons/Virginia kaki

0162990

Others

0163000

| (c) | inedible peel, large |
| --- | --- |

(c)

0163010

Avocados

0,03

0,5

0163020

Bananas

0,02

0,02 (1)

0163030

Mangoes

0,04

0,2

0163040

Papayas

0,01 (1)

0,02 (1)

0163050

Granate apples/pomegranates

0,01 (1)

0,01 (1)

0163060

Cherimoyas

0,01 (1)

0,01 (1)

0163070

Guavas

0,01 (1)

0,01 (1)

0163080

Pineapples

0,02 (1) (+)

0,02 (1) (+)

0163090

Breadfruits

0,01 (1)

0,01 (1)

0163100

Durians

0,01 (1)

0,01 (1)

0163110

Soursops/guanabanas

0,01 (1)

0,01 (1)

0163990

Others

0,01 (1)

0,01 (1)

0200000

VEGETABLES, FRESH or FROZEN

0210000

Root and tuber vegetables

0211000

| (a) | potatoes |
| --- | --- |

(a)

0,03

0,07

0212000

| (b) | tropical root and tuber vegetables |
| --- | --- |

(b)

0,01 (1)

0,01 (1)

0212010

Cassava roots/manioc

0212020

Sweet potatoes

0212030

Yams

0212040

Arrowroots

0212990

Others

0213000

| (c) | other root and tuber vegetables except sugar beets |
| --- | --- |

(c)

0213010

Beetroots

0,01 (1)

0,01 (1)

0213020

Carrots

0,06

0,3

0213030

Celeriacs/turnip rooted celeries

0,01 (1)

0,01 (1)

0213040

Horseradishes

0,01 (1)

0,01 (1)

0213050

Jerusalem artichokes

0,01 (1)

0,01 (1)

0213060

Parsnips

0,01 (1)

0,01 (1)

0213070

Parsley roots/Hamburg roots parsley

0,01 (1)

0,01 (1)

0213080

Radishes

0,01 (1)

0,01 (1)

0213090

Salsifies

0,01 (1)

0,01 (1)

0213100

Swedes/rutabagas

0,02 (1)

0,02 (1)

0213110

Turnips

0,01 (1)

0,01 (1)

0213990

Others

0,01 (1)

0,01 (1)

0220000

Bulb vegetables

0,01 (1)

0,01 (1)

0220010

Garlic

0220020

Onions

0220030

Shallots

0220040

Spring onions/green onions and Welsh onions

0220990

Others

0230000

Fruiting vegetables

0231000

| (a) | solanacea |
| --- | --- |

(a)

0231010

Tomatoes

0,04

0,2

0231020

Sweet peppers/bell peppers

0,04

0,7

0231030

Aubergines/eggplants

0,04

0,2

0231040

Okra/lady's fingers

0,01 (1)

0,01 (1)

0231990

Others

0,01 (1)

0,01 (1)

0232000

| (b) | cucurbits with edible peel |
| --- | --- |

(b)

0232010

Cucumbers

0,02 (1)

0,5

0232020

Gherkins

0,01 (1)

0,01 (1)

0232030

Courgettes

0,02 (1)

0,5

0232990

Others

0,01 (1)

0,01 (1)

0233000

| (c) | cucurbits with inedible peel |
| --- | --- |

(c)

0233010

Melons

0,02 (1) (+)

0,15 (+)

0233020

Pumpkins

0,01 (1)

0,01 (1)

0233030

Watermelons

0,02 (1) (+)

0,15 (+)

0233990

Others

0,01 (1)

0,01 (1)

0234000

| (d) | sweet corn |
| --- | --- |

(d)

0,01 (1)

0,02 (1)

0239000

| (e) | other fruiting vegetables |
| --- | --- |

(e)

0,01 (1)

0,01 (1)

0240000

Brassica vegetables (excluding brassica roots and brassica baby leaf crops)

0241000

| (a) | flowering brassica |
| --- | --- |

(a)

0,02 (1)

0241010

Broccoli

0,3

0241020

Cauliflowers

0,02 (1)

0241990

Others

0,01 (1)

0242000

| (b) | head brassica |
| --- | --- |

(b)

0,02 (1)

0,02 (1)

0242010

Brussels sprouts

0242020

Head cabbages

0242990

Others

0243000

| (c) | leafy brassica |
| --- | --- |

(c)

0,3

0,02 (1)

0243010

Chinese cabbages/pe-tsai

0243020

Kales

0243990

Others

0244000

| (d) | kohlrabies |
| --- | --- |

(d)

0,04 (+)

0,01 (1)

0250000

Leaf vegetables, herbs and edible flowers

0251000

| (a) | lettuces and salad plants |
| --- | --- |

(a)

0251010

Lamb's lettuces/corn salads

0,01 (1)

0,01 (1)

0251020

Lettuces

0,1

5

0251030

Escaroles/broad-leaved endives

0,1 (+)

5 (+)

0251040

Cresses and other sprouts and shoots

0,01 (1)

0,01 (1)

0251050

Land cresses

0,01 (1)

0,01 (1)

0251060

Roman rocket/rucola

0,01 (1)

0,01 (1)

0251070

Red mustards

0,01 (1)

0,01 (1)

0251080

Baby leaf crops (including brassica species)

0,01 (1)

0,01 (1)

0251990

Others

0,01 (1)

0,01 (1)

0252000

| (b) | spinaches and similar leaves |
| --- | --- |

(b)

0,01 (1)

0,01 (1)

0252010

Spinaches

0252020

Purslanes

0252030

Chards/beet leaves

0252990

Others

0253000

| (c) | grape leaves and similar species |
| --- | --- |

(c)

0,01 (1)

0,01 (1)

0254000

| (d) | watercresses |
| --- | --- |

(d)

0,01 (1)

0,01 (1)

0255000

| (e) | witloofs/Belgian endives |
| --- | --- |

(e)

0,01 (1)

0,01 (1)

0256000

| (f) | herbs and edible flowers |
| --- | --- |

(f)

1,5

0256010

Chervil

0,02 (1)

0256020

Chives

0,02 (1)

0256030

Celery leaves

0,02 (1)

0256040

Parsley

0,02 (1)

0256050

Sage

0,02 (1)

0256060

Rosemary

0,02 (1)

0256070

Thyme

0,02 (1)

0256080

Basil and edible flowers

1,5

0256090

Laurel/bay leave

0,02 (1)

0256100

Tarragon

0,02 (1)

0256990

Others

0,02 (1)

0260000

Legume vegetables

0260010

Beans (with pods)

0,2

0,3

0260020

Beans (without pods)

0,01 (1)

0,02 (1)

0260030

Peas (with pods)

0,2

0,3

0260040

Peas (without pods)

0,01 (1)

0,02 (1)

0260050

Lentils

0,01 (1)

0,02 (1)

0260990

Others

0,01 (1)

0,01 (1)

0270000

Stem vegetables

0270010

Asparagus

0,01 (1)

0,01 (1)

0270020

Cardoons

0,01 (1)

0,01 (1)

0270030

Celeries

0,04

1

0270040

Florence fennels

0,01 (1)

0,01 (1)

0270050

Globe artichokes

0,05

0,5

0270060

Leeks

0,01 (1)

0,01 (1)

0270070

Rhubarbs

0,01 (1)

0,01 (1)

0270080

Bamboo shoots

0,01 (1)

0,01 (1)

0270090

Palm hearts

0,01 (1)

0,01 (1)

0270990

Others

0,01 (1)

0,01 (1)

0280000

Fungi, mosses and lichens

0,01 (1)

0,01 (1)

0280010

Cultivated fungi

0280020

Wild fungi

0280990

Mosses and lichens

0290000

Algae and prokaryotes organisms

0,01 (1)

0,01 (1)

0300000

PULSES

0,02

0,04

0300010

Beans

0300020

Lentils

0300030

Peas

0300040

Lupins/lupini beans

0300990

Others

0400000

OILSEEDS AND OIL FRUITS

0401000

Oilseeds

0,02 (1)

0401010

Linseeds

0,02 (1)

0401020

Peanuts/groundnuts

0,02 (1)

0401030

Poppy seeds

0,02 (1)

0401040

Sesame seeds

0,02 (1)

0401050

Sunflower seeds

0,02 (1)

0401060

Rapeseeds/canola seeds

0,02 (1)

0401070

Soyabeans

0,04

0401080

Mustard seeds

0,02 (1)

0401090

Cotton seeds

0,02 (1)

0401100

Pumpkin seeds

0,02 (1)

0401110

Safflower seeds

0,02 (1)

0401120

Borage seeds

0,02 (1)

0401130

Gold of pleasure seeds

0,02 (1)

0401140

Hemp seeds

0,02 (1)

0401150

Castor beans

0,02 (1)

0401990

Others

0,01 (1)

0402000

Oil fruits

0402010

Olives for oil production

0,09

0,4

0402020

Oil palms kernels

0,01 (1)

0,01 (1)

0402030

Oil palms fruits

0,01 (1)

0,01 (1)

0402040

Kapok

0,01 (1)

0,01 (1)

0402990

Others

0,01 (1)

0,01 (1)

0500000

CEREALS

0500010

Barley

0,04

0,4

0500020

Buckwheat and other pseudo-cereals

0,01 (1)

0,01 (1)

0500030

Maize/corn

0,02 (1)

0,05

0500040

Common millet/proso millet

0,01 (1)

0,01 (1)

0500050

Oat

0,02 (1)

0,02 (1)

0500060

Rice

0,5

0,01 (1)

0500070

Rye

0,02 (1)

0,02 (1)

0500080

Sorghum

0,01 (1)

0,01 (1)

0500090

Wheat

0,02 (1)

0,05

0500990

Others

0,01 (1)

0,01 (1)

0600000

TEAS, COFFEE, HERBAL INFUSIONS, COCOA AND CAROBS

0610000

Teas

0,7

20

0620000

Coffee beans

0,05

0,2

0630000

Herbal infusions from

0,05 (1)

0,05 (1)

0631000

| (a) | flowers |
| --- | --- |

(a)

0631010

Chamomile

0631020

Hibiscus/roselle

0631030

Rose

0631040

Jasmine

0631050

Lime/linden

0631990

Others

0632000

| (b) | leaves and herbs |
| --- | --- |

(b)

0632010

Strawberry

0632020

Rooibos

0632030

Mate/maté

0632990

Others

0633000

| (c) | roots |
| --- | --- |

(c)

0633010

Valerian

0633020

Ginseng

0633990

Others

0639000

| (d) | any other parts of the plant |
| --- | --- |

(d)

0640000

Cocoa beans

0,02 (1)

0,02 (1)

0650000

Carobs/Saint John's breads

0,05 (1)

0,05 (1)

0700000

HOPS

0,07

0,09

0800000

SPICES

0810000

Seed spices

0,05 (1)

0,05 (1)

0810010

Anise/aniseed

0810020

Black caraway/black cumin

0810030

Celery

0810040

Coriander

0810050

Cumin

0810060

Dill

0810070

Fennel

0810080

Fenugreek

0810090

Nutmeg

0810990

Others

0820000

Fruit spices

0,05 (1)

0,05 (1)

0820010

Allspice/pimento

0820020

Sichuan pepper

0820030

Caraway

0820040

Cardamom

0820050

Juniper berry

0820060

Peppercorn (black, green and white)

0820070

Vanilla

0820080

Tamarind

0820990

Others

0830000

Bark spices

0,05 (1)

0,05 (1)

0830010

Cinnamon

0830990

Others

0840000

Root and rhizome spices

0840010

Liquorice

0,05 (1)

0,05 (1)

0840020

Ginger

0,05 (1)

0,05 (1)

0840030

Turmeric/curcuma

0,05 (1)

0,05 (1)

0840040

Horseradish

(+)

(+)

0840990

Others

0,05 (1)

0,05 (1)

0850000

Bud spices

0,05 (1)

0,05 (1)

0850010

Cloves

0850020

Capers

0850990

Others

0860000

Flower pistil spices

0,05 (1)

0,05 (1)

0860010

Saffron

0860990

Others

0870000

Aril spices

0,05 (1)

0,05 (1)

0870010

Mace

0870990

Others

0900000

SUGAR PLANTS

0900010

Sugar beet roots

0,02 (1)

0,02 (1)

0900020

Sugar canes

0,4

0,01 (1)

0900030

Chicory roots

0,01 (1)

0,01 (1)

0900990

Others

0,01 (1)

0,01 (1)

1000000

PRODUCTS OF ANIMAL ORIGIN -TERRESTRIAL ANIMALS

1010000

Tissues from

1011000

| (a) | swine |
| --- | --- |

(a)

1011010

Muscle

0,02 (1)

0,02

1011020

Fat tissue

0,02 (1)

0,01 (1)

1011030

Liver

0,2

0,01 (1)

1011040

Kidney

0,02 (1)

0,01 (1)

1011050

Edible offals (other than liver and kidney)

0,2

0,02

1011990

Others

0,01 (1)

0,01 (1)

1012000

| (b) | bovine |
| --- | --- |

(b)

1012010

Muscle

0,02 (1)

0,02

1012020

Fat tissue

0,02 (1)

0,01 (1)

1012030

Liver

0,2

0,01 (1)

1012040

Kidney

0,02 (1)

0,01 (1)

1012050

Edible offals (other than liver and kidney)

0,2

0,02

1012990

Others

0,01 (1)

0,01 (1)

1013000

| (c) | sheep |
| --- | --- |

(c)

1013010

Muscle

0,02 (1)

0,02

1013020

Fat tissue

0,02 (1)

0,01 (1)

1013030

Liver

0,2

0,01 (1)

1013040

Kidney

0,02 (1)

0,01 (1)

1013050

Edible offals (other than liver and kidney)

0,2

0,02

1013990

Others

0,01 (1)

0,01 (1)

1014000

| d) | goat |
| --- | --- |

d)

1014010

Muscle

0,02 (1)

0,02

1014020

Fat tissue

0,02 (1)

0,01 (1)

1014030

Liver

0,2

0,01 (1)

1014040

Kidney

0,02 (1)

0,01 (1)

1014050

Edible offals (other than liver and kidney)

0,2

0,02

1014990

Others

0,01 (1)

0,01 (1)

1015000

| (e) | equine |
| --- | --- |

(e)

1015010

Muscle

0,02 (1)

0,02

1015020

Fat tissue

0,02 (1)

0,01 (1)

1015030

Liver

0,2

0,01 (1)

1015040

Kidney

0,02 (1)

0,01 (1)

1015050

Edible offals (other than liver and kidney)

0,2

0,02

1015990

Others

0,01 (1)

0,01 (1)

1016000

| (f) | poultry |
| --- | --- |

(f)

0,01 (1)

1016010

Muscle

0,01 (1)

1016020

Fat tissue

0,01 (1)

1016030

Liver

0,1

1016040

Kidney

0,01 (1)

1016050

Edible offals (other than liver and kidney)

0,1

1016990

Others

0,01 (1)

1017000

| (g) | other farmed terrestrial animals |
| --- | --- |

(g)

1017010

Muscle

0,02 (1)

0,02

1017020

Fat tissue

0,02 (1)

0,01 (1)

1017030

Liver

0,2

0,01 (1)

1017040

Kidney

0,02 (1)

0,01 (1)

1017050

Edible offals (other than liver and kidney)

0,2

0,02

1017990

Others

0,01 (1)

0,01 (1)

1020000

Milk

0,02

0,05

1020010

Cattle

1020020

Sheep

1020030

Goat

1020040

Horse

1020990

Others

1030000

Birds eggs

0,01 (1)

0,01 (1)

1030010

Chicken

1030020

Duck

1030030

Geese

1030040

Quail

1030990

Others

1040000

Honey and other apiculture products

0,05 (1)

0,05 (1)

1050000

Amphibians and Reptiles

0,01 (1)

0,01 (1)

1060000

Terrestrial invertebrate animals

0,01 (1)

0,01 (1)

1070000

Wild terrestrial vertebrate animals

0,01 (1)

0,01 (1)

Clothianidin

| (+) | The European Food Safety Authority identified some information on storage stability as unavailable. When re-viewing the MRL, the Commission will take into account the information referred to in the first sentence, if it is submitted by 6 February 2018, or, if that information is not submitted by that date, the lack of it.







  0110000 | Citrus fruits |
| --- | --- | --- |
| 0110010 | Grapefruits |
| 0110020 | Oranges |
| 0110030 | Lemons |
| 0110040 | Limes |
| 0110050 | Mandarins |
| 0110990 | Others |

(+)

The European Food Safety Authority identified some information on storage stability as unavailable. When re-viewing the MRL, the Commission will take into account the information referred to in the first sentence, if it is submitted by 6 February 2018, or, if that information is not submitted by that date, the lack of it.

0110000

Citrus fruits

0110010

Grapefruits

0110020

Oranges

0110030

Lemons

0110040

Limes

0110050

Mandarins

0110990

Others

| (+) | The European Food Safety Authority identified some information on residue trials with thiamethoxam as unavailable. When re-viewing the MRL, the Commission will take into account the information referred to in the first sentence, if it is submitted by 6 February 2018, or, if that information is not submitted by that date, the lack of it.







  0140020 | Cherries (sweet) |
| --- | --- | --- |

(+)

The European Food Safety Authority identified some information on residue trials with thiamethoxam as unavailable. When re-viewing the MRL, the Commission will take into account the information referred to in the first sentence, if it is submitted by 6 February 2018, or, if that information is not submitted by that date, the lack of it.

0140020

Cherries (sweet)

| (+) | The European Food Safety Authority identified some information on storage stability as unavailable. When re-viewing the MRL, the Commission will take into account the information referred to in the first sentence, if it is submitted by 6 February 2018, or, if that information is not submitted by that date, the lack of it.







  0151000 | (a) | grapes |
| --- | --- | --- | --- |

(+)

The European Food Safety Authority identified some information on storage stability as unavailable. When re-viewing the MRL, the Commission will take into account the information referred to in the first sentence, if it is submitted by 6 February 2018, or, if that information is not submitted by that date, the lack of it.

0151000

(a)

0151010

Table grapes

0151020

Wine grapes

0152000

| (b) | strawberries |
| --- | --- |

(b)

0163080

Pineapples

| (+) | The European Food Safety Authority identified some information on residue trials with thiamethoxam as unavailable. When re-viewing the MRL, the Commission will take into account the information referred to in the first sentence, if it is submitted by 6 February 2018, or, if that information is not submitted by that date, the lack of it.







  0233010 | Melons |
| --- | --- | --- |
| 0233030 | Watermelons |

(+)

The European Food Safety Authority identified some information on residue trials with thiamethoxam as unavailable. When re-viewing the MRL, the Commission will take into account the information referred to in the first sentence, if it is submitted by 6 February 2018, or, if that information is not submitted by that date, the lack of it.

0233010

Melons

0233030

Watermelons

| (+) | The European Food Safety Authority identified some information on residue trials as unavailable. When re-viewing the MRL, the Commission will take into account the information referred to in the first sentence, if it is submitted by 6 February 2018, or, if that information is not submitted by that date, the lack of it.







  0244000 | (d) | kohlrabies |
| --- | --- | --- | --- |

(+)

The European Food Safety Authority identified some information on residue trials as unavailable. When re-viewing the MRL, the Commission will take into account the information referred to in the first sentence, if it is submitted by 6 February 2018, or, if that information is not submitted by that date, the lack of it.

0244000

(d)

| (+) | The European Food Safety Authority identified some information on residue trials with thiamethoxam as unavailable. When re-viewing the MRL, the Commission will take into account the information referred to in the first sentence, if it is submitted by 6 February 2018, or, if that information is not submitted by that date, the lack of it.







  0251030 | Escaroles/broad-leaved endives |
| --- | --- | --- |

(+)

The European Food Safety Authority identified some information on residue trials with thiamethoxam as unavailable. When re-viewing the MRL, the Commission will take into account the information referred to in the first sentence, if it is submitted by 6 February 2018, or, if that information is not submitted by that date, the lack of it.

0251030

Escaroles/broad-leaved endives

| (+) | The applicable maximum residue level for horseradish (Armoracia rusticana) in the spice group (code 0840040 ) is the one set for horseradish (Armoracia rusticana) in the Vegetables category, root and tuber vegetables group (code 0213040 ) taking into account changes in the levels by processing (drying) according to Art. 20 (1) of Regulation (EC) No 396/2005.







  0840040 | Horseradish |
| --- | --- | --- |

(+)

The applicable maximum residue level for horseradish (Armoracia rusticana) in the spice group (code 0840040 ) is the one set for horseradish (Armoracia rusticana) in the Vegetables category, root and tuber vegetables group (code 0213040 ) taking into account changes in the levels by processing (drying) according to Art. 20 (1) of Regulation (EC) No 396/2005.

0840040

Horseradish

Thiamethoxam

| (+) | The European Food Safety Authority identified some information on storage stability as unavailable. When re-viewing the MRL, the Commission will take into account the information referred to in the first sentence, if it is submitted by 6 February 2018, or, if that information is not submitted by that date, the lack of it.







  0110000 | Citrus fruits |
| --- | --- | --- |
| 0110010 | Grapefruits |
| 0110020 | Oranges |
| 0110030 | Lemons |
| 0110040 | Limes |
| 0110050 | Mandarins |
| 0110990 | Others |

(+)

The European Food Safety Authority identified some information on storage stability as unavailable. When re-viewing the MRL, the Commission will take into account the information referred to in the first sentence, if it is submitted by 6 February 2018, or, if that information is not submitted by that date, the lack of it.

0110000

Citrus fruits

0110010

Grapefruits

0110020

Oranges

0110030

Lemons

0110040

Limes

0110050

Mandarins

0110990

Others

| (+) | The European Food Safety Authority identified some information on residue trials as unavailable. When re-viewing the MRL, the Commission will take into account the information referred to in the first sentence, if it is submitted by 6 February 2018, or, if that information is not submitted by that date, the lack of it.







  0140010 | Apricots |
| --- | --- | --- |
| 0140020 | Cherries (sweet) |

(+)

The European Food Safety Authority identified some information on residue trials as unavailable. When re-viewing the MRL, the Commission will take into account the information referred to in the first sentence, if it is submitted by 6 February 2018, or, if that information is not submitted by that date, the lack of it.

0140010

Apricots

0140020

Cherries (sweet)

| (+) | The European Food Safety Authority identified some information on storage stability as unavailable. When re-viewing the MRL, the Commission will take into account the information referred to in the first sentence, if it is submitted by 6 February 2018, or, if that information is not submitted by that date, the lack of it.







  0151000 | (a) | grapes |
| --- | --- | --- | --- |

(+)

The European Food Safety Authority identified some information on storage stability as unavailable. When re-viewing the MRL, the Commission will take into account the information referred to in the first sentence, if it is submitted by 6 February 2018, or, if that information is not submitted by that date, the lack of it.

0151000

(a)

0151010

Table grapes

0151020

Wine grapes

0152000

| (b) | strawberries |
| --- | --- |

(b)

0163080

Pineapples

| (+) | The European Food Safety Authority identified some information on residue trials as unavailable. When re-viewing the MRL, the Commission will take into account the information referred to in the first sentence, if it is submitted by 6 February 2018, or, if that information is not submitted by that date, the lack of it.







  0233010 | Melons |
| --- | --- | --- |
| 0233030 | Watermelons |
| 0251030 | Escaroles/broad-leaved endives |

(+)

The European Food Safety Authority identified some information on residue trials as unavailable. When re-viewing the MRL, the Commission will take into account the information referred to in the first sentence, if it is submitted by 6 February 2018, or, if that information is not submitted by that date, the lack of it.

0233010

Melons

0233030

Watermelons

0251030

Escaroles/broad-leaved endives

| (+) | The applicable maximum residue level for horseradish (Armoracia rusticana) in the spice group (code 0840040 ) is the one set for horseradish (Armoracia rusticana) in the Vegetables category, root and tuber vegetables group (code 0213040 ) taking into account changes in the levels by processing (drying) according to Art. 20 (1) of Regulation (EC) No 396/2005.







  0840040 | Horseradish’ |
| --- | --- | --- |

(+)

The applicable maximum residue level for horseradish (Armoracia rusticana) in the spice group (code 0840040 ) is the one set for horseradish (Armoracia rusticana) in the Vegetables category, root and tuber vegetables group (code 0213040 ) taking into account changes in the levels by processing (drying) according to Art. 20 (1) of Regulation (EC) No 396/2005.

0840040

Horseradish’

---

(1)  Indicates lower limit of analytical determination

1

(1)  For the complete list of products of plant and animal origin to which MRLs apply, reference should be made to Annex I.

1

---

| 8.4.2017 | EN | Official Journal of the European Union | L 97/24 |
| --- | --- | --- | --- |

8.4.2017

EN

Official Journal of the European Union

L 97/24

---

COMMISSION IMPLEMENTING REGULATION (EU) 2017/672

of 7 April 2017

authorising a health claim made on foods, other than those referring to the reduction of disease risk and to children's development and health and amending Regulation (EU) No 432/2012

(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 1924/2006 of the European Parliament and of the Council of 20 December 2006 on nutrition and health claims made on foods (1), and in particular Article 18(4) thereof,

Whereas:

| (1) | Regulation (EC) No 1924/2006 provides that health claims made on foods are prohibited unless they are authorised by the Commission in accordance with that Regulation and included in a list of permitted claims. |
| --- | --- |

(1)

Regulation (EC) No 1924/2006 provides that health claims made on foods are prohibited unless they are authorised by the Commission in accordance with that Regulation and included in a list of permitted claims.

| (2) | Pursuant to Article 13(3) of Regulation (EC) No 1924/2006 Commission Regulation (EU) No 432/2012 (2) was adopted, which establishes a list of permitted health claims made on foods other than those referring to the reduction of disease risk and to children's development and health. |
| --- | --- |

(2)

Pursuant to Article 13(3) of Regulation (EC) No 1924/2006 Commission Regulation (EU) No 432/2012 (2) was adopted, which establishes a list of permitted health claims made on foods other than those referring to the reduction of disease risk and to children's development and health.

| (3) | Regulation (EC) No 1924/2006 also provides that applications for authorisations of health claims may be submitted by food business operators to the national competent authority of a Member State. The national competent authority is to forward valid applications to the European Food Safety Authority (EFSA), hereinafter referred to as ‘the Authority’, for a scientific assessment, as well as to the Commission and the Member States for information. |
| --- | --- |

(3)

Regulation (EC) No 1924/2006 also provides that applications for authorisations of health claims may be submitted by food business operators to the national competent authority of a Member State. The national competent authority is to forward valid applications to the European Food Safety Authority (EFSA), hereinafter referred to as ‘the Authority’, for a scientific assessment, as well as to the Commission and the Member States for information.

| (4) | The Authority is to deliver an opinion on the health claim concerned. |
| --- | --- |

(4)

The Authority is to deliver an opinion on the health claim concerned.

| (5) | The Commission is to decide on the authorisation of health claims taking into account the opinion delivered by the Authority. |
| --- | --- |

(5)

The Commission is to decide on the authorisation of health claims taking into account the opinion delivered by the Authority.

| (6) | In order to stimulate innovation, health claims which are based on newly developed scientific evidence and/or which include a request for the protection of proprietary data shall undergo an accelerated type of authorisation. |
| --- | --- |

(6)

In order to stimulate innovation, health claims which are based on newly developed scientific evidence and/or which include a request for the protection of proprietary data shall undergo an accelerated type of authorisation.

| (7) | Following an application from AlzChem AG, submitted pursuant to Article 13(5) of Regulation (EC) No 1924/2006, the Authority was required to deliver an opinion on a health claim related to creatine in combination with resistance training and improvement in muscle strength (Question No EFSA-Q-2015-00437 (3)). The claim proposed by the applicant was worded as follows: ‘creatine contributes to the maintenance of muscle function in the elderly’. |
| --- | --- |

(7)

Following an application from AlzChem AG, submitted pursuant to Article 13(5) of Regulation (EC) No 1924/2006, the Authority was required to deliver an opinion on a health claim related to creatine in combination with resistance training and improvement in muscle strength (Question No EFSA-Q-2015-00437 (3)). The claim proposed by the applicant was worded as follows: ‘creatine contributes to the maintenance of muscle function in the elderly’.

| (8) | On 23 February 2016, the Commission and the Member States received the scientific opinion from the Authority which concluded that on the basis of the data presented, a cause and effect relationship had been established between the consumption of creatine in combination with resistance training and improvement in muscle strength. The target population is adults over the age of 55, who are engaged in regular resistance training. Accordingly, a health claim reflecting this conclusion should be considered as complying with the requirements of Regulation (EC) No 1924/2006 and should be included in the Union list of permitted claims, established by Regulation (EU) No 432/2012. |
| --- | --- |

(8)

On 23 February 2016, the Commission and the Member States received the scientific opinion from the Authority which concluded that on the basis of the data presented, a cause and effect relationship had been established between the consumption of creatine in combination with resistance training and improvement in muscle strength. The target population is adults over the age of 55, who are engaged in regular resistance training. Accordingly, a health claim reflecting this conclusion should be considered as complying with the requirements of Regulation (EC) No 1924/2006 and should be included in the Union list of permitted claims, established by Regulation (EU) No 432/2012.

| (9) | One of the objectives of Regulation (EC) No 1924/2006 is to ensure that health claims are truthful, clear and reliable and useful to the consumer, and that the wording and the presentation are taken into account in that respect. Therefore, where the wording of claims used by the applicant has the same meaning for consumers as that of an authorised health claim, because they demonstrate the same relationship that exists between a food category, a food or one of its constituents and health, these claims should be subject to the same conditions of use as those listed in the Annex to this Regulation. |
| --- | --- |

(9)

One of the objectives of Regulation (EC) No 1924/2006 is to ensure that health claims are truthful, clear and reliable and useful to the consumer, and that the wording and the presentation are taken into account in that respect. Therefore, where the wording of claims used by the applicant has the same meaning for consumers as that of an authorised health claim, because they demonstrate the same relationship that exists between a food category, a food or one of its constituents and health, these claims should be subject to the same conditions of use as those listed in the Annex to this Regulation.

| (10) | In accordance with Article 20 of Regulation (EC) No 1924/2006, the Register of nutrition and health claims containing all authorised health claims should be updated in order to take into account this Regulation. |
| --- | --- |

(10)

In accordance with Article 20 of Regulation (EC) No 1924/2006, the Register of nutrition and health claims containing all authorised health claims should be updated in order to take into account this Regulation.

| (11) | Regulation (EU) No 432/2012 should therefore be amended accordingly. |
| --- | --- |

(11)

Regulation (EU) No 432/2012 should therefore be amended accordingly.

| (12) | The Member States have been consulted, |
| --- | --- |

(12)

The Member States have been consulted,

HAS ADOPTED THIS REGULATION:

Article 1

The health claim set out in the Annex to this Regulation shall be included in the Union list of permitted claims as provided for in Article 13(3) of Regulation (EC) No 1924/2006.

Article 2

The Annex to Regulation (EU) No 432/2012 is amended in accordance with the Annex to this Regulation.

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, 7 April 2017.

For the Commission

The President

Jean-Claude JUNCKER

---

(1)  
  OJ L 404, 30.12.2006, p. 9.

1

(2)  Commission Regulation (EU) No 432/2012 of 16 May 2012 establishing a list of permitted health claims made on foods, other than those referring to the reduction of disease risk and to children's development and health (OJ L 136, 25.5.2012, p. 1).

2

(3)  
  EFSA Journal 2016;14(2):4400.

3

EFSA Journal

---

ANNEX

In the Annex to Regulation (EU) No 432/2012, the following entry is inserted in an alphabetical order:

| Nutrient, substance, food or food category | Claim | Conditions of use of the claim | Conditions and/or restrictions of use of the food and/or additional statement or warning | EFSA Journal number | Relevant entry number in the Consolidated List submitted to EFSA for its assessment |
| --- | --- | --- | --- | --- | --- |
| ‘Creatine | Daily creatine consumption can enhance the effect of resistance training on muscle strength in adults over the age of 55. | Information shall be provided to the consumer that:






  — | the claim is targeting adults over the age of 55, who are engaged in regular resistance training, |

Nutrient, substance, food or food category

Claim

Conditions of use of the claim

Conditions and/or restrictions of use of the food and/or additional statement or warning

EFSA Journal number

Relevant entry number in the Consolidated List submitted to EFSA for its assessment

‘Creatine

Daily creatine consumption can enhance the effect of resistance training on muscle strength in adults over the age of 55.

Information shall be provided to the consumer that:

—

the claim is targeting adults over the age of 55, who are engaged in regular resistance training,

| — | the beneficial effect is obtained with a daily intake of 3 g of creatine in conjunction with resistance training, which allows an increase in the workload over time and which should be performed at least three times per week for several weeks, at an intensity of at least 65 %-75 % of one repetition maximum load (*1). |
| --- | --- |

—

the beneficial effect is obtained with a daily intake of 3 g of creatine in conjunction with resistance training, which allows an increase in the workload over time and which should be performed at least three times per week for several weeks, at an intensity of at least 65 %-75 % of one repetition maximum load (*1).

The claim may be used only for foods targeting adults over the age of 55, who are engaged in regular resistance training.

2016;14(2):4400

---

(*1)  Repetition maximum load is the maximum weight or force an individual can exert in a single lift.’

*1

---

| 8.4.2017 | EN | Official Journal of the European Union | L 97/27 |
| --- | --- | --- | --- |

8.4.2017

EN

Official Journal of the European Union

L 97/27

---

COMMISSION IMPLEMENTING REGULATION (EU) 2017/673

of 7 April 2017

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 Regulation (EU) No 1308/2013 of the European Parliament and of the Council of 17 December 2013 establishing a common organisation of the markets in agricultural products and repealing Council Regulations (EEC) No 922/72, (EEC) No 234/79, (EC) No 1037/2001 and (EC) No 1234/2007 (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, 7 April 2017.

For the Commission,

On behalf of the President,

Jerzy PLEWA

Director-General

Directorate-General for Agriculture and Rural Development

---

(1)  
  OJ L 347, 20.12.2013, p. 671.

1

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

2

---

ANNEX

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

| (EUR/100 kg) |
| --- |
| CN code | Third country code (1) | Standard import value |
| 0702 00 00 | EG | 156,4 |
| MA | 120,1 |
| SN | 284,4 |
| TN | 214,0 |
| TR | 110,5 |
| ZZ | 177,1 |
| 0707 00 05 | MA | 65,6 |
| TR | 156,1 |
| ZZ | 110,9 |
| 0709 93 10 | MA | 46,6 |
| TR | 147,2 |
| ZZ | 96,9 |
| 0805 10 22 , 0805 10 24 , 0805 10 28 | EG | 54,1 |
| IL | 79,4 |
| MA | 52,6 |
| TN | 58,2 |
| TR | 55,3 |
| ZZ | 59,9 |
| 0805 50 10 | AR | 61,0 |
| TR | 69,6 |
| ZZ | 65,3 |
| 0808 10 80 | BR | 107,0 |
| CL | 91,4 |
| CN | 161,4 |
| TR | 98,3 |
| US | 133,8 |
| ZA | 106,0 |
| ZZ | 116,3 |
| 0808 30 90 | AR | 124,6 |
| CH | 128,6 |
| CL | 131,7 |
| CN | 98,9 |
| US | 174,6 |
| ZA | 132,8 |
| ZZ | 131,9 |

(EUR/100 kg)

CN code

Third country code (1)

Standard import value

0702 00 00

EG

156,4

MA

120,1

SN

284,4

TN

214,0

TR

110,5

ZZ

177,1

0707 00 05

MA

65,6

TR

156,1

ZZ

110,9

0709 93 10

MA

46,6

TR

147,2

ZZ

96,9

0805 10 22 , 0805 10 24 , 0805 10 28

EG

54,1

IL

79,4

MA

52,6

TN

58,2

TR

55,3

ZZ

59,9

0805 50 10

AR

61,0

TR

69,6

ZZ

65,3

0808 10 80

BR

107,0

CL

91,4

CN

161,4

TR

98,3

US

133,8

ZA

106,0

ZZ

116,3

0808 30 90

AR

124,6

CH

128,6

CL

131,7

CN

98,9

US

174,6

ZA

132,8

ZZ

131,9

---

(1)  Nomenclature of countries laid down by Commission Regulation (EU) No 1106/2012 of 27 November 2012 implementing Regulation (EC) No 471/2009 of the European Parliament and of the Council on Community statistics relating to external trade with non-member countries, as regards the update of the nomenclature of countries and territories (OJ L 328, 28.11.2012, p. 7). Code ‘ZZ’ stands for ‘of other origin’.

---

DECISIONS

| 8.4.2017 | EN | Official Journal of the European Union | L 97/29 |
| --- | --- | --- | --- |

8.4.2017

EN

Official Journal of the European Union

L 97/29

---

COUNCIL DECISION (EU) 2017/674

of 3 April 2017

establishing the position to be adopted on behalf of the European Union within the eighth meeting of the Conference of the Parties to the Rotterdam Convention as regards the amendments of Annex III to the Rotterdam Convention on the Prior Informed Consent Procedure for certain hazardous chemicals and pesticides in international trade

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union, and in particular Articles 192(1) and 207(3), in conjunction with Article 218(9) thereof,

Having regard to the proposal from the European Commission,

Whereas:

| (1) | The Union approved the Rotterdam Convention on the Prior Informed Consent Procedure for certain hazardous chemicals and pesticides in international trade (the ‘Rotterdam Convention’) by Council Decision 2006/730/EC (1). The Rotterdam Convention entered into force on 24 February 2004. |
| --- | --- |

(1)

The Union approved the Rotterdam Convention on the Prior Informed Consent Procedure for certain hazardous chemicals and pesticides in international trade (the ‘Rotterdam Convention’) by Council Decision 2006/730/EC (1). The Rotterdam Convention entered into force on 24 February 2004.

| (2) | Regulation (EU) No 649/2012 of the European Parliament and of the Council (2) implements the Rotterdam Convention in the Union. |
| --- | --- |

(2)

Regulation (EU) No 649/2012 of the European Parliament and of the Council (2) implements the Rotterdam Convention in the Union.

| (3) | In order to ensure that importing countries benefit from the protection offered by the Rotterdam Convention, it is necessary to support the recommendation from the Chemical Review Committee, a subsidiary body of the Rotterdam Convention, as regards the inclusion in Annex III to the Rotterdam Convention of carbofuran, carbosulfan, chrysotile asbestos, short-chain chlorinated paraffins, all tributyltin compounds, trichlorfon, fenthion (ultra low volume (ULV) formulations at or above 640 g active ingredient/L) and liquid formulations (emulsifiable concentrate and soluble concentrate) containing paraquat dichloride at or above 276 g/L, corresponding to paraquat ion at or above 200 g/L. Those substances are already banned or severely restricted in the Union and are therefore subject to export requirements that go beyond what is required under the Rotterdam Convention. |
| --- | --- |

(3)

In order to ensure that importing countries benefit from the protection offered by the Rotterdam Convention, it is necessary to support the recommendation from the Chemical Review Committee, a subsidiary body of the Rotterdam Convention, as regards the inclusion in Annex III to the Rotterdam Convention of carbofuran, carbosulfan, chrysotile asbestos, short-chain chlorinated paraffins, all tributyltin compounds, trichlorfon, fenthion (ultra low volume (ULV) formulations at or above 640 g active ingredient/L) and liquid formulations (emulsifiable concentrate and soluble concentrate) containing paraquat dichloride at or above 276 g/L, corresponding to paraquat ion at or above 200 g/L. Those substances are already banned or severely restricted in the Union and are therefore subject to export requirements that go beyond what is required under the Rotterdam Convention.

| (4) | The eighth meeting of the Conference of the Parties to the Rotterdam Convention is expected to decide on the proposed amendments to Annex III to the Rotterdam Convention. The Union should support those amendments, |
| --- | --- |

(4)

The eighth meeting of the Conference of the Parties to the Rotterdam Convention is expected to decide on the proposed amendments to Annex III to the Rotterdam Convention. The Union should support those amendments,

HAS ADOPTED THIS DECISION:

Article 1

The position to be adopted on behalf of the European Union at the eighth meeting of the Conference of the Parties to the Rotterdam Convention is that the Union shall support the adoption of the amendments to Annex III to the Rotterdam Convention on the Prior Informed Consent Procedure for certain hazardous chemicals and pesticides in international trade (3) as regards the inclusion of carbofuran, carbosulfan, chrysotile asbestos, short-chain chlorinated paraffins, all tributyltin compounds, trichlorfon, fenthion (ultra low volume (ULV) formulations at or above 640 g active ingredient/L) and liquid formulations (emulsifiable concentrate and soluble concentrate) containing paraquat dichloride at or above 276 g/L, corresponding to paraquat ion at or above 200 g/L.

Article 2

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

Done at Luxembourg, 3 April 2017.

For the Council

The President

R. GALDES

---

(1)  Council Decision 2006/730/EC of 25 September 2006 on the conclusion, on behalf of the European Community, of the Rotterdam Convention on the Prior Informed Consent Procedure for certain hazardous chemicals and pesticides in international trade (OJ L 299, 28.10.2006, p. 23).

1

(2)  Regulation (EU) No 649/2012 of the European Parliament and of the Council of 4 July 2012 concerning the export and import of hazardous chemicals (OJ L 201, 27.7.2012, p. 60).

2

(3)  
  OJ L 63, 6.3.2003, p. 29.

3

---

| 8.4.2017 | EN | Official Journal of the European Union | L 97/31 |
| --- | --- | --- | --- |

8.4.2017

EN

Official Journal of the European Union

L 97/31

---

COMMISSION IMPLEMENTING DECISION (EU) 2017/675

of 7 April 2017

on measures to prevent the introduction into the Union of the foot-and-mouth disease virus from Algeria

(notified under document C(2017) 2432)

(Text with EEA relevance)

THE EUROPEAN COMMISSION

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

Having regard to Council Directive 91/496/EEC of 15 July 1991 laying down the principles governing the organisation of veterinary checks on animals entering the Community from third countries and amending Directives 89/662/EEC, 90/425/EEC and 90/675/EEC (1), and in particular Article 18(6) thereof,

Having regard to Council Directive 97/78/EC of 18 December 1997 laying down the principles governing the organisation of veterinary checks on products entering the Community from third countries (2), and in particular Article 22(5) thereof,

Whereas:

| (1) | Directive 91/496/EEC lays down the principles of veterinary checks on animals entering the Union from third countries. It lays down the measures which can be adopted by the Commission, if a disease liable to present a serious threat to animal or public health manifests itself or spreads in the territory of a third country. |
| --- | --- |

(1)

Directive 91/496/EEC lays down the principles of veterinary checks on animals entering the Union from third countries. It lays down the measures which can be adopted by the Commission, if a disease liable to present a serious threat to animal or public health manifests itself or spreads in the territory of a third country.

| (2) | Directive 97/78/EC lays down the principles of veterinary checks on products entering the Union from third countries. It lays down the measures which can be adopted by the Commission, if a disease liable to present a serious threat to animal or public health manifests itself or spreads in the territory of a third country. |
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(2)

Directive 97/78/EC lays down the principles of veterinary checks on products entering the Union from third countries. It lays down the measures which can be adopted by the Commission, if a disease liable to present a serious threat to animal or public health manifests itself or spreads in the territory of a third country.

| (3) | Foot-and-mouth disease is one of the most contagious diseases of cattle, sheep, goats and pigs. The virus causing the disease has the potential for rapid spread, notably through products obtained from infected animals and contaminated inanimated objects including means of transport like livestock vehicles. The virus can also persist in a contaminated environment outside the host animal for several weeks depending on the temperature. |
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(3)

Foot-and-mouth disease is one of the most contagious diseases of cattle, sheep, goats and pigs. The virus causing the disease has the potential for rapid spread, notably through products obtained from infected animals and contaminated inanimated objects including means of transport like livestock vehicles. The virus can also persist in a contaminated environment outside the host animal for several weeks depending on the temperature.

| (4) | On 31 March 2017 Algeria notified to the World Organisation for Animal Health (‘OIE’) the confirmation of an outbreak of foot-and-mouth disease of serotype A in the western part of its territory. The immediate notification mentions no other measures than vaccination to control the disease. |
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(4)

On 31 March 2017 Algeria notified to the World Organisation for Animal Health (‘OIE’) the confirmation of an outbreak of foot-and-mouth disease of serotype A in the western part of its territory. The immediate notification mentions no other measures than vaccination to control the disease.

| (5) | The presence of foot-and-mouth disease in Algeria is liable to constitute a serious risk to the livestock population of the Union. |
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(5)

The presence of foot-and-mouth disease in Algeria is liable to constitute a serious risk to the livestock population of the Union.

| (6) | The foot-and-mouth disease situation in Algeria remains uncertain and a significant number of consignments of live bovine animals is exported from EU Member States to that country. |
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(6)

The foot-and-mouth disease situation in Algeria remains uncertain and a significant number of consignments of live bovine animals is exported from EU Member States to that country.

| (7) | Therefore, the foot-and-mouth disease situation in Algeria requires to adopt protection measures at Union level which take into account the survival of the foot-and-mouth disease virus in the environment and potential transmission routes of that virus. |
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(7)

Therefore, the foot-and-mouth disease situation in Algeria requires to adopt protection measures at Union level which take into account the survival of the foot-and-mouth disease virus in the environment and potential transmission routes of that virus.

| (8) | Livestock vehicles and vessels used for the transport of live animals to Algeria may be contaminated with the foot-and-mouth disease virus in those countries and therefore constitute a risk of introducing the disease upon their return to the Union. |
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(8)

Livestock vehicles and vessels used for the transport of live animals to Algeria may be contaminated with the foot-and-mouth disease virus in those countries and therefore constitute a risk of introducing the disease upon their return to the Union.

| (9) | Appropriate cleansing and disinfection of livestock vehicles and vessels is the most appropriate way to reduce the risk of rapid virus transmission over large distances. |
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(9)

Appropriate cleansing and disinfection of livestock vehicles and vessels is the most appropriate way to reduce the risk of rapid virus transmission over large distances.

| (10) | It is therefore appropriate to ensure that all livestock vehicles and vessels which have transported live animals to destinations in Algeria are appropriately cleansed and disinfected and that such cleansing and disinfection is properly documented in a declaration to be submitted by the operator or driver to the competent authority at the point of entry into the Union. |
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(10)

It is therefore appropriate to ensure that all livestock vehicles and vessels which have transported live animals to destinations in Algeria are appropriately cleansed and disinfected and that such cleansing and disinfection is properly documented in a declaration to be submitted by the operator or driver to the competent authority at the point of entry into the Union.

| (11) | In addition, as Morocco and Tunisia are potential countries of transit for the livestock vehicles returning from Algeria to the Union, those measures should also be applicable to vehicles and vessels from Algeria and transiting through those countries. |
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(11)

In addition, as Morocco and Tunisia are potential countries of transit for the livestock vehicles returning from Algeria to the Union, those measures should also be applicable to vehicles and vessels from Algeria and transiting through those countries.

| (12) | The operator or driver should ensure that for each livestock vehicle and vessel which has transported live animals to destinations in Algeria, a cleansing and disinfection certificate is retained for a minimum period of three years. |
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(12)

The operator or driver should ensure that for each livestock vehicle and vessel which has transported live animals to destinations in Algeria, a cleansing and disinfection certificate is retained for a minimum period of three years.

| (13) | Member States should also have the possibility to subject vehicles which transport feed from or have transported feed to infected countries, and for which a significant risk of introduction of foot-and-mouth disease into the territory of the Union cannot be excluded, to on-the-spot disinfection of the wheels or any other part of the vehicle deemed necessary to mitigate that risk. |
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(13)

Member States should also have the possibility to subject vehicles which transport feed from or have transported feed to infected countries, and for which a significant risk of introduction of foot-and-mouth disease into the territory of the Union cannot be excluded, to on-the-spot disinfection of the wheels or any other part of the vehicle deemed necessary to mitigate that risk.

| (14) | The measures provided for by this Decision should apply for a period of time which allows a full evaluation of the evolution of the foot-and-mouth disease in the affected areas. |
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(14)

The measures provided for by this Decision should apply for a period of time which allows a full evaluation of the evolution of the foot-and-mouth disease in the affected areas.

| (15) | The measures provided for in this Decision are in accordance with the opinion of the Standing Committee on Plants, Animals, Food and Feed, |
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(15)

The measures provided for in this Decision are in accordance with the opinion of the Standing Committee on Plants, Animals, Food and Feed,

HAS ADOPTED THIS DECISION:

Article 1

For the purpose of this Decision, ‘livestock vehicle’ or ‘livestock vessel’ means any vehicle or vessel being used or which has been used for the transport of live terrestrial animals.

Article 2

1.   Member States shall ensure that the operator or driver of a livestock vehicle or livestock vessel on arrival from Algeria, either directly or after transiting through Morocco or Tunisia, provides to the competent authority of the Member State at the point of entry in the Union information showing that the livestock or loading compartment, where applicable the truck body, the loading ramp, the equipment having been in contact with animals, the wheels and the driver's cabin and protective clothes/boots used during unloading have been cleansed and disinfected after the last unloading of animals.

2.   The information referred to in paragraph 1 shall be included in a declaration completed in accordance with the model set out in Annex I or in any other equivalent format which includes at least the information set out in that model.

3.   The original of the declaration referred to in paragraph 2 shall be kept by the competent authority for a period of three years.

Article 3

1.   The competent authority of the Member State of the point of entry into the Union shall visually check livestock vehicles coming from Algeria, either directly or after transiting through Morocco or Tunisia, in order to determine whether they have been satisfactorily cleansed and disinfected.

2.   The competent authority of the Member State responsible for the issuing of the animal health certificate for imports into Algeria of live animals to be loaded shall visually check livestock vessels in order to determine whether they have been satisfactorily cleansed and disinfected prior to loading the animals.

3.   Where the checks referred to in paragraphs 1 and 2 show that cleansing and disinfection have been satisfactorily carried out or where the competent authorities have in addition to the measures provided for in paragraph 1 ordered, organised and carried out additional disinfection of previously cleansed livestock vehicles or vessels, the competent authority shall attest that fact by issuing a certificate in accordance with the model set out in Annex II.

4.   Where the checks referred to in paragraph 1 and 2 show that cleansing and disinfection of the livestock vehicle or vessel have not been satisfactorily carried out, the competent authority shall take one of the following measures:

| (a) | subject the livestock vehicle or vessel to proper cleansing and disinfection at a place designated by the competent authority, as close as possible to the point of entry into the Member State concerned and issue the certificate referred to in paragraph 3; |
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(a)

subject the livestock vehicle or vessel to proper cleansing and disinfection at a place designated by the competent authority, as close as possible to the point of entry into the Member State concerned and issue the certificate referred to in paragraph 3;

| (b) | where there is no suitable facility for the cleansing and disinfection in the vicinity of the point of entry or where there is a risk that residual animal products may escape from the uncleansed livestock vehicle or vessel:






  (i) | refuse the entry into the Union of the livestock vehicle or vessel; or |
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(b)

where there is no suitable facility for the cleansing and disinfection in the vicinity of the point of entry or where there is a risk that residual animal products may escape from the uncleansed livestock vehicle or vessel:

(i)

refuse the entry into the Union of the livestock vehicle or vessel; or

| (ii) | perform a preliminary on-the-spot disinfection of the livestock vehicle or vessel not satisfactorily cleansed and disinfected pending the application of the measures provided for in point (a). |
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(ii)

perform a preliminary on-the-spot disinfection of the livestock vehicle or vessel not satisfactorily cleansed and disinfected pending the application of the measures provided for in point (a).

5.   The original of the certificate referred to in paragraph 3 shall be kept by the operator or driver of the livestock vehicle for a period of three years. A copy of that certificate shall be kept by the competent authority for a period of three years.

Article 4

The competent authority of the Member State of the point of entry into the Union may subject any vehicle having transported feed from or having transported feed to Algeria for which a significant risk of introduction of foot-and-mouth disease into the Union cannot be excluded to on-the-spot disinfection of the wheels or any other part of the vehicle deemed necessary to mitigate that risk.

Article 5

This Decision shall apply until 30 April 2018.

Article 6

This Decision is addressed to the Member States.

Done at Brussels, 7 April 2017.

For the Commission

Vytenis ANDRIUKAITIS

Member of the Commission

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(1)  
  OJ L 268, 24.9.1991, p. 56.

1

(2)  
  OJ L 24, 30.1.1998, p. 9.

2

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ANNEX I

Model declaration to be provided by the operator/driver of the livestock vehicle/vessel coming from Algeria and from Algeria passing through Morocco or Tunisia

I, the operator/driver of the livestock vehicle/vessel ... (1)

declare that:

| — | The most recent unloading of animals and feed took place at:







  Country, region, place | Date (dd.mm.yyyy) | Time (hh:mm) |
| --- | --- | --- | --- |
| | | |
| |

—

The most recent unloading of animals and feed took place at:

Country, region, place

Date (dd.mm.yyyy)

Time (hh:mm)

| — | Following unloading, the livestock vehicle/vessel was subject to cleansing and disinfection. The cleansing and disinfection included the livestock or loading compartment, [the truck body,] (2) the loading ramp, the equipment having been in contact with animals, the wheels and the driver's cabin and protective clothes/boots used during unloading. |
| --- | --- |

—

Following unloading, the livestock vehicle/vessel was subject to cleansing and disinfection. The cleansing and disinfection included the livestock or loading compartment, [the truck body,] (2) the loading ramp, the equipment having been in contact with animals, the wheels and the driver's cabin and protective clothes/boots used during unloading.

| — | The cleansing and disinfection took place:







  Country, region, place | Date (dd.mm.yyyy) | Time (hh:mm) |
| --- | --- | --- | --- |
| | | |
| |

—

The cleansing and disinfection took place:

Country, region, place

Date (dd.mm.yyyy)

Time (hh:mm)

| — | The disinfectant has been used at the concentrations recommended by the manufacturer (3):
  ... |
| --- | --- |

—

The disinfectant has been used at the concentrations recommended by the manufacturer (3):

...

| — | The next loading of animals will take place at:







  Country, region, place | Date (dd.mm.yy) | Time (hh:mm) |
| --- | --- | --- | --- |
| | | |
| |

—

The next loading of animals will take place at:

Country, region, place

Date (dd.mm.yy)

Time (hh:mm)

| Date | Place | Signature of the operator/driver |
| --- | --- | --- |
| | | |
| Name of operator/driver of the livestock vehicle and its business address (in block letters) |

Date

Place

Signature of the operator/driver

Name of operator/driver of the livestock vehicle and its business address (in block letters)

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(1)  Insert number of registration plate/identification of the livestock vehicle/vessel.

(2)  Delete if not applicable.

(3)  Indicate the substance and its concentration.

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ANNEX II

Model cleansing and disinfection certificate for livestock vehicles/vessels coming from Algeria and from Algeria passing through Morocco or Tunisia

I, the undersigned official certify that I have checked:

| 1. | the livestock vehicle(s)/vessel(s) with the registration plate(s)/identification ... (1) today and by visual control found the livestock or loading compartment, [the truck body] (2), the loading ramp, the equipment having been in contact with animals, the wheels and the driver's cabin and protective clothes/boots used during unloading satisfactorily cleansed. |
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1.

the livestock vehicle(s)/vessel(s) with the registration plate(s)/identification ... (1) today and by visual control found the livestock or loading compartment, [the truck body] (2), the loading ramp, the equipment having been in contact with animals, the wheels and the driver's cabin and protective clothes/boots used during unloading satisfactorily cleansed.

| 2. | the information presented in the form of a declaration as set out in Annex I to Commission Implementing Decision (EU) 2017/675 (3) or in another equivalent form covering the items set out in Annex I to Implementing Decision (EU) 2017/675. |
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2.

the information presented in the form of a declaration as set out in Annex I to Commission Implementing Decision (EU) 2017/675 (3) or in another equivalent form covering the items set out in Annex I to Implementing Decision (EU) 2017/675.

| Date | Time | Place | Competent authority | Signature of the official (*1) |
| --- | --- | --- | --- | --- |
| | | | | |
| Stamp: | Name in block letters:
  ... |

Date

Time

Place

Competent authority

Signature of the official (*1)

Stamp:

Name in block letters:

...

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(1)  Insert number(s) of registration plate/identification of the livestock vehicle(s)/vessel(s).

(2)  Delete if not applicable.

(3)  Commission Implementing Decision (EU) 2017/675 of 7 April 2017 on measures to prevent the introduction into the Union of the foot-and-mouth disease virus from Algeria (OJ L 97, 8.4.2017, p. 31).

(*1)  The colour of the stamp and of the signature must be different from that of the printing.

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