# Official Journal L 308/2016

| | ISSN 1977-0677 |
| --- | --- |
| Official Journal
  of the European Union | L 308 |
| | |
| English edition | Legislation | Volume 5916 November 2016 |

ISSN 1977-0677

Official Journal

of the European Union

L 308

English edition

Legislation

Volume 5916 November 2016

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| Contents | | II   Non-legislative acts | page |
| --- | --- | --- | --- |
| | | INTERNATIONAL AGREEMENTS |
| | * | Council Decision (EU) 2016/1995 of 11 November 2016 on the signing, on behalf of the European Union, of the Agreement in the form of an Exchange of Letters between the European Union and the Federative Republic of Brazil pursuant to Article XXIV:6 and Article XXVIII of the General Agreement on Tariffs and Trade (GATT) 1994 relating to the modification of concessions in the schedule of the Republic of Croatia in the course of its accession to the European Union | 1 |
| | | REGULATIONS |
| | * | Council Implementing Regulation (EU) 2016/1996 of 15 November 2016 implementing Regulation (EU) No 36/2012 concerning restrictive measures in view of the situation in Syria | 3 |
| | * | Commission Implementing Regulation (EU) 2016/1997 of 15 November 2016 amending Implementing Regulation (EU) No 808/2014 as regards the amendment of rural development programmes and monitoring of actions to support integration of third-country nationals, and correcting that Regulation | 5 |
| | * | Commission Implementing Regulation (EU) 2016/1998 of 15 November 2016 withdrawing the acceptance of the undertaking for five exporting producers under Implementing Decision 2013/707/EU confirming the acceptance of an undertaking offered in connection with the anti-dumping and anti-subsidy proceedings concerning imports of crystalline silicon photovoltaic modules and key components (i.e. cells) originating in or consigned from the People's Republic of China for the period of application of definitive measures | 8 |
| | | Commission Implementing Regulation (EU) 2016/1999 of 15 November 2016 establishing the standard import values for determining the entry price of certain fruit and vegetables | 18 |
| | | DECISIONS |
| | * | Council Implementing Decision (CFSP) 2016/2000 of 15 November 2016 implementing Decision 2013/255/CFSP concerning restrictive measures against Syria | 20 |
| | * | Council Decision (CFSP) 2016/2001 of 15 November 2016 on a Union contribution to the establishment and the secure management of a Low Enriched Uranium (LEU) Bank under the control of the International Atomic Energy Agency (IAEA) in the framework of the EU Strategy against the Proliferation of Weapons of Mass Destruction | 22 |
| | * | Commission Implementing Decision (EU) 2016/2002 of 8 November 2016 amending Annex E to Council Directive 91/68/EEC, Annex III to Commission Decision 2010/470/EU and Annex II to Commission Decision 2010/472/EU concerning trade in and imports into the Union of ovine and caprine animals and semen of animals of the ovine and caprine species in relation to the rules for the prevention, control and eradication of certain transmissible spongiform encephalopathies
  (notified under document C(2016) 7026)

   (
  1
  ) | 29 |
| | * | Commission Decision (EU) 2016/2003 of 14 November 2016 amending Decisions 2009/300/EC, 2011/263/EU, 2011/264/EU, 2011/382/EU, 2011/383/EU, 2012/720/EU and 2012/721/EU in order to prolong the period of validity of the ecological criteria for the award of the EU Ecolabel to certain products
  (notified under document C(2016) 7218)

   (
  1
  ) | 59 |
| | * | Commission Implementing Decision (EU) 2016/2004 of 14 November 2016 amending Implementing Decision 2013/780/EU providing for a derogation from Article 13(1)(ii) of Council Directive 2000/29/EC in respect of bark-free sawn wood of Quercus L., Platanus L. and Acer saccharum Marsh. originating in the United States of America
  (notified under document C(2016) 7181) | 62 |

Contents

II   Non-legislative acts

page

INTERNATIONAL AGREEMENTS

*

Council Decision (EU) 2016/1995 of 11 November 2016 on the signing, on behalf of the European Union, of the Agreement in the form of an Exchange of Letters between the European Union and the Federative Republic of Brazil pursuant to Article XXIV:6 and Article XXVIII of the General Agreement on Tariffs and Trade (GATT) 1994 relating to the modification of concessions in the schedule of the Republic of Croatia in the course of its accession to the European Union

1

REGULATIONS

*

Council Implementing Regulation (EU) 2016/1996 of 15 November 2016 implementing Regulation (EU) No 36/2012 concerning restrictive measures in view of the situation in Syria

3

*

Commission Implementing Regulation (EU) 2016/1997 of 15 November 2016 amending Implementing Regulation (EU) No 808/2014 as regards the amendment of rural development programmes and monitoring of actions to support integration of third-country nationals, and correcting that Regulation

5

*

Commission Implementing Regulation (EU) 2016/1998 of 15 November 2016 withdrawing the acceptance of the undertaking for five exporting producers under Implementing Decision 2013/707/EU confirming the acceptance of an undertaking offered in connection with the anti-dumping and anti-subsidy proceedings concerning imports of crystalline silicon photovoltaic modules and key components (i.e. cells) originating in or consigned from the People's Republic of China for the period of application of definitive measures

8

Commission Implementing Regulation (EU) 2016/1999 of 15 November 2016 establishing the standard import values for determining the entry price of certain fruit and vegetables

18

DECISIONS

*

Council Implementing Decision (CFSP) 2016/2000 of 15 November 2016 implementing Decision 2013/255/CFSP concerning restrictive measures against Syria

20

*

Council Decision (CFSP) 2016/2001 of 15 November 2016 on a Union contribution to the establishment and the secure management of a Low Enriched Uranium (LEU) Bank under the control of the International Atomic Energy Agency (IAEA) in the framework of the EU Strategy against the Proliferation of Weapons of Mass Destruction

22

*

Commission Implementing Decision (EU) 2016/2002 of 8 November 2016 amending Annex E to Council Directive 91/68/EEC, Annex III to Commission Decision 2010/470/EU and Annex II to Commission Decision 2010/472/EU concerning trade in and imports into the Union of ovine and caprine animals and semen of animals of the ovine and caprine species in relation to the rules for the prevention, control and eradication of certain transmissible spongiform encephalopathies
  (notified under document C(2016) 7026)

   (
  1
  )

(notified under document C(2016) 7026)

1

29

*

Commission Decision (EU) 2016/2003 of 14 November 2016 amending Decisions 2009/300/EC, 2011/263/EU, 2011/264/EU, 2011/382/EU, 2011/383/EU, 2012/720/EU and 2012/721/EU in order to prolong the period of validity of the ecological criteria for the award of the EU Ecolabel to certain products
  (notified under document C(2016) 7218)

   (
  1
  )

(notified under document C(2016) 7218)

1

59

*

Commission Implementing Decision (EU) 2016/2004 of 14 November 2016 amending Implementing Decision 2013/780/EU providing for a derogation from Article 13(1)(ii) of Council Directive 2000/29/EC in respect of bark-free sawn wood of Quercus L., Platanus L. and Acer saccharum Marsh. originating in the United States of America
  (notified under document C(2016) 7181)

Quercus

Platanus

Acer saccharum

(notified under document C(2016) 7181)

62

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

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(1)   Text with EEA relevance

1

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

EN

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

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

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II Non-legislative acts

INTERNATIONAL AGREEMENTS

| 16.11.2016 | EN | Official Journal of the European Union | L 308/1 |
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16.11.2016

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Official Journal of the European Union

L 308/1

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COUNCIL DECISION (EU) 2016/1995

of 11 November 2016

on the signing, on behalf of the European Union, of the Agreement in the form of an Exchange of Letters between the European Union and the Federative Republic of Brazil pursuant to Article XXIV:6 and Article XXVIII of the General Agreement on Tariffs and Trade (GATT) 1994 relating to the modification of concessions in the schedule of the Republic of Croatia in the course of its accession 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 the first subparagraph of Article 207(4), in conjunction with Article 218(5) thereof,

Having regard to the proposal from the European Commission,

Whereas:

| (1) | On 15 July 2013 the Council authorised the Commission to open negotiations with certain other Members of the World Trade Organization under Article XXIV:6 of the General Agreement on Tariffs and Trade (GATT) 1994, in the course of the accession to the Union of the Republic of Croatia. |
| --- | --- |

(1)

On 15 July 2013 the Council authorised the Commission to open negotiations with certain other Members of the World Trade Organization under Article XXIV:6 of the General Agreement on Tariffs and Trade (GATT) 1994, in the course of the accession to the Union of the Republic of Croatia.

| (2) | Negotiations were conducted by the Commission in accordance with the negotiating directives adopted by the Council. |
| --- | --- |

(2)

Negotiations were conducted by the Commission in accordance with the negotiating directives adopted by the Council.

| (3) | Those negotiations have been concluded and an Agreement in the form of an Exchange of Letters between the European Union and the Federative Republic of Brazil pursuant to Article XXIV:6 and Article XXVIII of the GATT 1994 relating to the modification of concessions in the schedule of the Republic of Croatia in the course of its accession to the European Union (the ‘Agreement’) was initialled on 12 July 2016. |
| --- | --- |

(3)

Those negotiations have been concluded and an Agreement in the form of an Exchange of Letters between the European Union and the Federative Republic of Brazil pursuant to Article XXIV:6 and Article XXVIII of the GATT 1994 relating to the modification of concessions in the schedule of the Republic of Croatia in the course of its accession to the European Union (the ‘Agreement’) was initialled on 12 July 2016.

| (4) | The Agreement should be signed, |
| --- | --- |

(4)

The Agreement should be signed,

HAS ADOPTED THIS DECISION:

Article 1

The signing on behalf of the Union of the Agreement in the form of an Exchange of Letters between the European Union and the Federative Republic of Brazil pursuant to Article XXIV:6 and Article XXVIII of GATT 1994 relating to the modification of concessions in the schedule of the Republic of Croatia in the course of its accession to the European Union is hereby authorised, subject to the conclusion of that Agreement (1).

Article 2

The President of the Council is hereby authorised to designate the person(s) empowered to sign the Agreement on behalf of the Union.

Article 3

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

Done at Brussels, 11 November 2016.

For the Council

The President

P. ŽIGA

---

(1)  The text of the Agreement will be published together with the decision on its conclusion.

1

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REGULATIONS

| 16.11.2016 | EN | Official Journal of the European Union | L 308/3 |
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16.11.2016

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Official Journal of the European Union

L 308/3

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COUNCIL IMPLEMENTING REGULATION (EU) 2016/1996

of 15 November 2016

implementing Regulation (EU) No 36/2012 concerning restrictive measures in view of the situation in Syria

THE COUNCIL OF THE EUROPEAN UNION,

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

Having regard to Council Regulation (EU) No 36/2012 of 18 January 2012 concerning restrictive measures in view of the situation in Syria and repealing Regulation (EU) No 442/2011 (1), and in particular Article 32(1) thereof,

Having regard to the proposal from the High Representative of the Union for Foreign Affairs and Security Policy,

Whereas:

| (1) | On 18 January 2012, the Council adopted Regulation (EU) No 36/2012, concerning restrictive measures in view of the situation in Syria. |
| --- | --- |

(1)

On 18 January 2012, the Council adopted Regulation (EU) No 36/2012, concerning restrictive measures in view of the situation in Syria.

| (2) | Two entities should be removed from the list of entities subject to restrictive measures, as set out in Section B of Annex II to Regulation (EU) No 36/2012. |
| --- | --- |

(2)

Two entities should be removed from the list of entities subject to restrictive measures, as set out in Section B of Annex II to Regulation (EU) No 36/2012.

| (3) | Annex II to Regulation (EU) No 36/2012 should therefore be amended accordingly, |
| --- | --- |

(3)

Annex II to Regulation (EU) No 36/2012 should therefore be amended accordingly,

HAS ADOPTED THIS REGULATION:

Article 1

Annex II to Regulation (EU) No 36/2012 is amended as set out in the Annex to this Regulation.

Article 2

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

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

Done at Brussels, 15 November 2016.

For the Council

The President

I. KORČOK

---

(1)  
  OJ L 16, 19.1.2012, p. 1.

1

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ANNEX

I.

| 55. | Tri-Ocean Trading |
| --- | --- |

55.

Tri-Ocean Trading

| 55a. | Tri-Ocean Energy |
| --- | --- |

55a.

Tri-Ocean Energy

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| 16.11.2016 | EN | Official Journal of the European Union | L 308/5 |
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16.11.2016

EN

Official Journal of the European Union

L 308/5

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COMMISSION IMPLEMENTING REGULATION (EU) 2016/1997

of 15 November 2016

amending Implementing Regulation (EU) No 808/2014 as regards the amendment of rural development programmes and monitoring of actions to support integration of third-country nationals, and correcting that Regulation

THE EUROPEAN COMMISSION,

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

Having regard to Regulation (EU) No 1305/2013 of the European Parliament and of the Council of 17 December 2013 on support for rural development by the European Agricultural Fund for Rural Development (EAFRD) and repealing Council Regulation (EC) No 1698/2005 (1), and in particular Article 12, Article 66(5), Article 67 and Article 75(5) thereof,

Whereas:

| (1) | Article 4(2) of Commission Implementing Regulation (EU) No 808/2014 (2) sets the maximum number of amendments to rural development programmes that Member States may submit to the Commission. Experience has shown that the maximum number of programme amendments should be increased to enable Member States to submit a limited number of additional amendments over the programming period. The cases in which the maximum number of programme amendments does not apply should be clarified and should include the amendments related to the adoption of certain emergency measures or to the new delimitation of areas facing significant natural constraints referred to in Article 32(5)(b) of Regulation (EU) No 1305/2013. |
| --- | --- |

(1)

Article 4(2) of Commission Implementing Regulation (EU) No 808/2014 (2) sets the maximum number of amendments to rural development programmes that Member States may submit to the Commission. Experience has shown that the maximum number of programme amendments should be increased to enable Member States to submit a limited number of additional amendments over the programming period. The cases in which the maximum number of programme amendments does not apply should be clarified and should include the amendments related to the adoption of certain emergency measures or to the new delimitation of areas facing significant natural constraints referred to in Article 32(5)(b) of Regulation (EU) No 1305/2013.

| (2) | The success of rural development programmes depends not only on good governance and their full implementation, but also on the readiness to adapt to new challenges and changing circumstances such as the migration crisis. In order to ensure good coordination of all existing intervention mechanisms, EAFRD support to actions targeted to integration of third-country nationals should be monitored at Union level. |
| --- | --- |

(2)

The success of rural development programmes depends not only on good governance and their full implementation, but also on the readiness to adapt to new challenges and changing circumstances such as the migration crisis. In order to ensure good coordination of all existing intervention mechanisms, EAFRD support to actions targeted to integration of third-country nationals should be monitored at Union level.

| (3) | In point 1 of Part 2 of Annex III to Implementing Regulation (EU) No 808/2014, the Leader logo has erroneously not been inserted. This should be corrected. In point 1 of Annex IV, the reference to less favoured areas should be corrected. It should be replaced by a reference to areas facing natural or other specific constraints. |
| --- | --- |

(3)

In point 1 of Part 2 of Annex III to Implementing Regulation (EU) No 808/2014, the Leader logo has erroneously not been inserted. This should be corrected. In point 1 of Annex IV, the reference to less favoured areas should be corrected. It should be replaced by a reference to areas facing natural or other specific constraints.

| (4) | Implementing Regulation (EU) No 808/2014 should therefore be amended accordingly. |
| --- | --- |

(4)

Implementing Regulation (EU) No 808/2014 should therefore be amended accordingly.

| (5) | The measures provided for in this Regulation are in accordance with the opinion of the Rural Development Committee, |
| --- | --- |

(5)

The measures provided for in this Regulation are in accordance with the opinion of the Rural Development Committee,

HAS ADOPTED THIS REGULATION:

Article 1

Implementing Regulation (EU) No 808/2014 is amended as follows:

| (1) | Article 4(2) is replaced by the following:

  ‘2.   Programme amendments of the type referred to in Article 11(a)(i) of Regulation (EU) No 1305/2013 may be proposed no more than three times during the duration of the programming period.
  For all other types of amendments combined:






  (a) | a single amendment proposal may be submitted per calendar year and per programme, with the exception of the year 2023 in which year more than a single amendment proposal may be submitted for amendments concerning exclusively the adaptation of the financing plan, including any resulting changes to the indicator plan; |
| --- | --- | --- |

(1)

Article 4(2) is replaced by the following:

‘2.   Programme amendments of the type referred to in Article 11(a)(i) of Regulation (EU) No 1305/2013 may be proposed no more than three times during the duration of the programming period.

For all other types of amendments combined:

(a)

a single amendment proposal may be submitted per calendar year and per programme, with the exception of the year 2023 in which year more than a single amendment proposal may be submitted for amendments concerning exclusively the adaptation of the financing plan, including any resulting changes to the indicator plan;

| (b) | three additional amendment proposals per programme may be submitted during the duration of the programming period. |
| --- | --- |

(b)

three additional amendment proposals per programme may be submitted during the duration of the programming period.

The maximum number of amendments referred to in the first and second subparagraphs shall not apply:

| (a) | in case emergency measures due to natural disasters, catastrophic events or adverse climatic events formally recognized by the competent national public authority, or due to a significant and sudden change in the socioeconomic conditions of the Member State or region, including significant and sudden demographic changes resulting from migration or reception of refugees, need to be taken; |
| --- | --- |

(a)

in case emergency measures due to natural disasters, catastrophic events or adverse climatic events formally recognized by the competent national public authority, or due to a significant and sudden change in the socioeconomic conditions of the Member State or region, including significant and sudden demographic changes resulting from migration or reception of refugees, need to be taken;

| (b) | in case an amendment is necessary following a change to the Union legal framework; |
| --- | --- |

(b)

in case an amendment is necessary following a change to the Union legal framework;

| (c) | following the performance review referred to in Article 21 of Regulation (EU) No 1303/2013; |
| --- | --- |

(c)

following the performance review referred to in Article 21 of Regulation (EU) No 1303/2013;

| (d) | in case of a change in the EAFRD contribution planned for each year referred to in Article 8(1)(h)(i) of Regulation (EU) No 1305/2013 resulting from developments relating to the annual breakdown by Member State referred to in Article 58(7) of that Regulation; the proposed amendments may include consequential changes in the description of measures; |
| --- | --- |

(d)

in case of a change in the EAFRD contribution planned for each year referred to in Article 8(1)(h)(i) of Regulation (EU) No 1305/2013 resulting from developments relating to the annual breakdown by Member State referred to in Article 58(7) of that Regulation; the proposed amendments may include consequential changes in the description of measures;

| (e) | in case of changes related to the introduction of financial instruments referred to in Article 37 of Regulation (EU) No 1303/2013; or |
| --- | --- |

(e)

in case of changes related to the introduction of financial instruments referred to in Article 37 of Regulation (EU) No 1303/2013; or

| (f) | in case of changes related to the introduction of the new delimitation referred to in Article 32(5)(b) of Regulation (EU) No 1305/2013.’; |
| --- | --- |

(f)

in case of changes related to the introduction of the new delimitation referred to in Article 32(5)(b) of Regulation (EU) No 1305/2013.’;

| (2) | Article 5(4) is replaced by the following:

  ‘4.   Except in cases of emergency measures due to natural disasters, catastrophic events or adverse climatic events formally recognized by the competent national public authority, or due to a significant and sudden change in the socioeconomic conditions of the Member State or region, including significant and sudden demographic changes resulting from migration or reception of refugees, changes to the legal framework, or changes resulting from the performance review referred to in Article 21 of Regulation (EU) No 1303/2013, requests for amendment of the national framework referred to in paragraph 2 may be submitted only once per calendar year before 1 April. By way of derogation from the second subparagraph of Article 4(2), changes in programmes that result from such revision may be done in addition to the amendment proposals submitted in accordance with that subparagraph.’; |
| --- | --- |

(2)

Article 5(4) is replaced by the following:

‘4.   Except in cases of emergency measures due to natural disasters, catastrophic events or adverse climatic events formally recognized by the competent national public authority, or due to a significant and sudden change in the socioeconomic conditions of the Member State or region, including significant and sudden demographic changes resulting from migration or reception of refugees, changes to the legal framework, or changes resulting from the performance review referred to in Article 21 of Regulation (EU) No 1303/2013, requests for amendment of the national framework referred to in paragraph 2 may be submitted only once per calendar year before 1 April. By way of derogation from the second subparagraph of Article 4(2), changes in programmes that result from such revision may be done in addition to the amendment proposals submitted in accordance with that subparagraph.’;

| (3) | Article 14(4) is replaced by the following:

  ‘4.   For types of operations where a potential contribution to focus areas referred to in Article 5, first paragraph, point (2)(a), Article 5, first paragraph, points (5)(a) to (d), and Article 5, first paragraph, point(6)(a) of Regulation (EU) No 1305/2013 is identified, or for types of operations where a potential contribution to the integration of third-country nationals is identified, the electronic record of the operations referred to in Article 70 of Regulation (EU) No 1305/2013 shall include flag(s) to identify those cases where the operation has a component contributing to one or more of those focus areas or goal.’; |
| --- | --- |

(3)

Article 14(4) is replaced by the following:

‘4.   For types of operations where a potential contribution to focus areas referred to in Article 5, first paragraph, point (2)(a), Article 5, first paragraph, points (5)(a) to (d), and Article 5, first paragraph, point(6)(a) of Regulation (EU) No 1305/2013 is identified, or for types of operations where a potential contribution to the integration of third-country nationals is identified, the electronic record of the operations referred to in Article 70 of Regulation (EU) No 1305/2013 shall include flag(s) to identify those cases where the operation has a component contributing to one or more of those focus areas or goal.’;

| (4) | Annexes III, IV and VII are amended as set out in the Annex to this Regulation. |
| --- | --- |

(4)

Annexes III, IV and VII are amended as set out in the Annex to this Regulation.

Article 2

This Regulation shall enter into force on the seventh 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, 15 November 2016.

For the Commission

The President

Jean-Claude JUNCKER

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(1)  
  OJ L 347, 20.12.2013, p. 487.

1

(2)  Commission Implementing Regulation (EU) No 808/2014 of 17 July 2014 laying down rules for the application of Regulation (EU) No 1305/2013 of the European Parliament and of the Council on support for rural development by the European Agricultural Fund for Rural Development (EAFRD) (OJ L 227, 31.7.2014, p. 18).

2

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ANNEX

Annexes III, IV and VII to Implementing Regulation (EU) No 808/2014 are amended as follows:

| (1) | in point 1 of Part 2 of Annex III, point (b) is replaced by the following:






  ‘(b) | for the actions and measures financed by LEADER, the LEADER logo: |
| --- | --- | --- |

(1)

in point 1 of Part 2 of Annex III, point (b) is replaced by the following:

‘(b)

Image 1

’;

| (2) | in point 1 of Annex IV, indicator C32 is replaced by the following:






  ‘C32. | Areas facing natural or other specific constraints’; |
| --- | --- | --- |

(2)

in point 1 of Annex IV, indicator C32 is replaced by the following:

‘C32.

| (3) | in point 1(b) of Annex VII, the entry ‘Table C’ is replaced by the following:






  ‘— | Table C: Breakdown for relevant outputs and measures by type of area, gender and/or age, and by operations contributing to the integration of third-country nationals.’ |
| --- | --- | --- |

(3)

in point 1(b) of Annex VII, the entry ‘Table C’ is replaced by the following:

‘—

Table C: Breakdown for relevant outputs and measures by type of area, gender and/or age, and by operations contributing to the integration of third-country nationals.’

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16.11.2016

EN

Official Journal of the European Union

L 308/8

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COMMISSION IMPLEMENTING REGULATION (EU) 2016/1998

of 15 November 2016

withdrawing the acceptance of the undertaking for five exporting producers under Implementing Decision 2013/707/EU confirming the acceptance of an undertaking offered in connection with the anti-dumping and anti-subsidy proceedings concerning imports of crystalline silicon photovoltaic modules and key components (i.e. cells) originating in or consigned from the People's Republic of China for the period of application of definitive measures

THE EUROPEAN COMMISSION,

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

Having regard to Regulation (EU) 2016/1036 of the European Parliament and of the Council of 8 June 2016 on protection against dumped imports from countries not members of the European Union (1) (‘the basic anti-dumping Regulation’), and in particular Article 8 thereof,

Having regard to Regulation (EU) 2016/1037 of the European Parliament and of the Council of 8 June 2016 on protection against subsidised imports from countries not members of the European Union (2) (‘the basic anti-subsidy Regulation’), and in particular Article 13 thereof,

Informing the Member States,

Whereas:

A.   UNDERTAKING AND OTHER EXISTING MEASURES

UNDERTAKING AND OTHER EXISTING MEASURES

| (1) | By Regulation (EU) No 513/2013 (3), the European Commission (‘the Commission’) imposed a provisional anti-dumping duty on imports into the European Union (‘the Union’) of crystalline silicon photovoltaic modules (‘modules’) and key components (i.e. cells and wafers) originating in or consigned from the People's Republic of China (‘the PRC’). |
| --- | --- |

(1)

By Regulation (EU) No 513/2013 (3), the European Commission (‘the Commission’) imposed a provisional anti-dumping duty on imports into the European Union (‘the Union’) of crystalline silicon photovoltaic modules (‘modules’) and key components (i.e. cells and wafers) originating in or consigned from the People's Republic of China (‘the PRC’).

3

| (2) | A group of exporting producers gave a mandate to the China Chamber of Commerce for Import and Export of Machinery and Electronic Products (‘CCCME’) to submit a price undertaking on their behalf to the Commission, which they did. It is clear from the terms of that price undertaking that it constitutes a bundle of individual price undertakings for each exporting producer, which is, for reasons of practicality of administration, coordinated by the CCCME. |
| --- | --- |

(2)

A group of exporting producers gave a mandate to the China Chamber of Commerce for Import and Export of Machinery and Electronic Products (‘CCCME’) to submit a price undertaking on their behalf to the Commission, which they did. It is clear from the terms of that price undertaking that it constitutes a bundle of individual price undertakings for each exporting producer, which is, for reasons of practicality of administration, coordinated by the CCCME.

| (3) | By Decision 2013/423/EU (4), the Commission accepted that price undertaking with regard to the provisional anti-dumping duty. By Regulation (EU) No 748/2013 (5), the Commission amended Regulation (EU) No 513/2013 to introduce the technical changes necessary due to the acceptance of the undertaking with regard to the provisional anti-dumping duty. |
| --- | --- |

(3)

By Decision 2013/423/EU (4), the Commission accepted that price undertaking with regard to the provisional anti-dumping duty. By Regulation (EU) No 748/2013 (5), the Commission amended Regulation (EU) No 513/2013 to introduce the technical changes necessary due to the acceptance of the undertaking with regard to the provisional anti-dumping duty.

4

5

| (4) | By Implementing Regulation (EU) No 1238/2013 (6), the Council imposed a definitive anti-dumping duty on imports into the Union of modules and cells originating in or consigned from the PRC (‘the products concerned’). By Implementing Regulation (EU) No 1239/2013 (7), the Council also imposed a definitive countervailing duty on imports into the Union of the products concerned. |
| --- | --- |

(4)

By Implementing Regulation (EU) No 1238/2013 (6), the Council imposed a definitive anti-dumping duty on imports into the Union of modules and cells originating in or consigned from the PRC (‘the products concerned’). By Implementing Regulation (EU) No 1239/2013 (7), the Council also imposed a definitive countervailing duty on imports into the Union of the products concerned.

6

7

| (5) | Following the notification of an amended version of the price undertaking by a group of exporting producers (‘the exporting producers’) together with the CCCME, the Commission confirmed by Implementing Decision 2013/707/EU (8) the acceptance of the price undertaking as amended (‘the undertaking’) for the period of application of definitive measures. The Annex to this Decision lists the exporting producers for whom the undertaking was accepted, inter alia:






  (a) | Wuxi Suntech Power Co. Ltd, Suntech Power Co. Ltd, Wuxi Sunshine Power Co. Ltd, Luoyang Suntech Power Co. Ltd, Zhenjiang Rietech New Energy Science Technology Co. Ltd and Zhenjiang Ren De New Energy Science Technology Co. Ltd together with their related companies in the Union, jointly covered by the TARIC additional code: B796 (‘Wuxi Suntech’); |
| --- | --- | --- |

(5)

Following the notification of an amended version of the price undertaking by a group of exporting producers (‘the exporting producers’) together with the CCCME, the Commission confirmed by Implementing Decision 2013/707/EU (8) the acceptance of the price undertaking as amended (‘the undertaking’) for the period of application of definitive measures. The Annex to this Decision lists the exporting producers for whom the undertaking was accepted, inter alia:

8

(a)

Wuxi Suntech Power Co. Ltd, Suntech Power Co. Ltd, Wuxi Sunshine Power Co. Ltd, Luoyang Suntech Power Co. Ltd, Zhenjiang Rietech New Energy Science Technology Co. Ltd and Zhenjiang Ren De New Energy Science Technology Co. Ltd together with their related companies in the Union, jointly covered by the TARIC additional code: B796 (‘Wuxi Suntech’);

| (b) | Jinko Solar Co. Ltd, Jinko Solar Import and Export Co. Ltd, ZHEJIANG JINKO SOLAR CO. LTD and ZHEJIANG JINKO SOLAR TRADING CO. LTD together with their related companies in the Union, jointly covered by the TARIC additional code: B845 (‘Jinko Solar’); |
| --- | --- |

(b)

Jinko Solar Co. Ltd, Jinko Solar Import and Export Co. Ltd, ZHEJIANG JINKO SOLAR CO. LTD and ZHEJIANG JINKO SOLAR TRADING CO. LTD together with their related companies in the Union, jointly covered by the TARIC additional code: B845 (‘Jinko Solar’);

| (c) | Risen Energy Co., Ltd, together with its related company in the Union, jointly covered by the TARIC additional code: B868 (‘Risen Energy’); |
| --- | --- |

(c)

Risen Energy Co., Ltd, together with its related company in the Union, jointly covered by the TARIC additional code: B868 (‘Risen Energy’);

| (d) | JingAo Solar Co. Ltd, Shanghai JA Solar Technology Co. Ltd, JA Solar Technology Yangzhou Co. Ltd, Hefei JA Solar Technology Co. Ltd and Shanghai JA Solar PV Technology Co. Ltd, together with their related company in the Union, jointly covered by TARIC additional code: B794 (‘JA Solar’); and |
| --- | --- |

(d)

JingAo Solar Co. Ltd, Shanghai JA Solar Technology Co. Ltd, JA Solar Technology Yangzhou Co. Ltd, Hefei JA Solar Technology Co. Ltd and Shanghai JA Solar PV Technology Co. Ltd, together with their related company in the Union, jointly covered by TARIC additional code: B794 (‘JA Solar’); and

| (e) | Sumec Hardware & Tools Co. Ltd and Phono Solar Technology Co. Ltd, together with their related companies in the Union, jointly covered by TARIC additional code: B866 (‘Sumec’). |
| --- | --- |

(e)

Sumec Hardware & Tools Co. Ltd and Phono Solar Technology Co. Ltd, together with their related companies in the Union, jointly covered by TARIC additional code: B866 (‘Sumec’).

| (6) | By Implementing Decision 2014/657/EU (9) the Commission accepted a proposal by the exporting producers together with the CCCME for clarifications concerning the implementation of the undertaking for the products concerned covered by the undertaking, that is modules and cells originating in or consigned from the PRC, currently falling within CN codes ex 8541 40 90 (TARIC codes 8541409021, 8541409029, 8541409031 and 8541409039) produced by the exporting producers (‘product covered’). The anti-dumping and countervailing duties referred to in recital 4 above, together with the undertaking, are jointly referred to as ‘measures’. |
| --- | --- |

(6)

By Implementing Decision 2014/657/EU (9) the Commission accepted a proposal by the exporting producers together with the CCCME for clarifications concerning the implementation of the undertaking for the products concerned covered by the undertaking, that is modules and cells originating in or consigned from the PRC, currently falling within CN codes ex 8541 40 90 (TARIC codes 8541409021, 8541409029, 8541409031 and 8541409039) produced by the exporting producers (‘product covered’). The anti-dumping and countervailing duties referred to in recital 4 above, together with the undertaking, are jointly referred to as ‘measures’.

9

| (7) | By Implementing Regulation (EU) 2015/866 (10) the Commission withdrew the acceptance of the undertaking for three exporting producers. |
| --- | --- |

(7)

By Implementing Regulation (EU) 2015/866 (10) the Commission withdrew the acceptance of the undertaking for three exporting producers.

10

| (8) | By Implementing Regulation (EU) 2015/1403 (11) the Commission withdrew the acceptance of the undertaking for another exporting producer. |
| --- | --- |

(8)

By Implementing Regulation (EU) 2015/1403 (11) the Commission withdrew the acceptance of the undertaking for another exporting producer.

11

| (9) | By Implementing Regulation (EU) 2015/2018 (12) the Commission withdrew the acceptance of the undertaking for two exporting producers. |
| --- | --- |

(9)

By Implementing Regulation (EU) 2015/2018 (12) the Commission withdrew the acceptance of the undertaking for two exporting producers.

12

| (10) | The Commission initiated an expiry review investigation of the anti-dumping measures by a Notice of Initiation published in the Official Journal of the European Union (13) on 5 December 2015. |
| --- | --- |

(10)

The Commission initiated an expiry review investigation of the anti-dumping measures by a Notice of Initiation published in the Official Journal of the European Union (13) on 5 December 2015.

Official Journal of the European Union

13

| (11) | The Commission initiated an expiry review investigation of the countervailing measures by a Notice of Initiation published in the Official Journal of the European Union (14) on 5 December 2015. |
| --- | --- |

(11)

The Commission initiated an expiry review investigation of the countervailing measures by a Notice of Initiation published in the Official Journal of the European Union (14) on 5 December 2015.

Official Journal of the European Union

14

| (12) | The Commission also initiated a partial interim review of the anti-dumping and countervailing measures by a Notice of Initiation published in the Official Journal of the European Union (15) on 5 December 2015. |
| --- | --- |

(12)

The Commission also initiated a partial interim review of the anti-dumping and countervailing measures by a Notice of Initiation published in the Official Journal of the European Union (15) on 5 December 2015.

Official Journal of the European Union

15

| (13) | By Implementing Regulation (EU) 2016/115 (16) the Commission withdrew the acceptance of the undertaking for another exporting producer. |
| --- | --- |

(13)

By Implementing Regulation (EU) 2016/115 (16) the Commission withdrew the acceptance of the undertaking for another exporting producer.

16

| (14) | By Implementing Regulation (EU) 2016/185 (17), the Commission extended the definitive anti-dumping duty imposed by Implementing Regulation (EU) No 1238/2013 on imports of the products concerned originating in or consigned from the People's Republic of China to imports of the product concerned consigned from Malaysia and Taiwan, whether declared as originating in Malaysia and in Taiwan or not. |
| --- | --- |

(14)

By Implementing Regulation (EU) 2016/185 (17), the Commission extended the definitive anti-dumping duty imposed by Implementing Regulation (EU) No 1238/2013 on imports of the products concerned originating in or consigned from the People's Republic of China to imports of the product concerned consigned from Malaysia and Taiwan, whether declared as originating in Malaysia and in Taiwan or not.

17

| (15) | By Implementing Regulation (EU) 2016/184 (18), the Commission extended the definitive countervailing duty imposed by Implementing Regulation (EU) No 1239/2013 on imports of the products concerned originating in or consigned from the People's Republic of China to imports of the product concerned consigned from Malaysia and Taiwan, whether declared as originating in Malaysia and in Taiwan or not. |
| --- | --- |

(15)

By Implementing Regulation (EU) 2016/184 (18), the Commission extended the definitive countervailing duty imposed by Implementing Regulation (EU) No 1239/2013 on imports of the products concerned originating in or consigned from the People's Republic of China to imports of the product concerned consigned from Malaysia and Taiwan, whether declared as originating in Malaysia and in Taiwan or not.

18

| (16) | By Implementing Regulation (EU) 2016/1045 (19) the Commission withdrew the acceptance of the undertaking for another exporting producer. |
| --- | --- |

(16)

By Implementing Regulation (EU) 2016/1045 (19) the Commission withdrew the acceptance of the undertaking for another exporting producer.

19

| (17) | By Implementing Regulation (EU) 2016/1382 (20) the Commission withdrew the acceptance of the undertaking for another five exporting producers. |
| --- | --- |

(17)

By Implementing Regulation (EU) 2016/1382 (20) the Commission withdrew the acceptance of the undertaking for another five exporting producers.

20

| (18) | By Implementing Regulation (EU) 2016/1402 (21) the Commission withdrew the acceptance of the undertaking for another three exporting producers. |
| --- | --- |

(18)

By Implementing Regulation (EU) 2016/1402 (21) the Commission withdrew the acceptance of the undertaking for another three exporting producers.

21

B.   TERMS OF THE UNDERTAKING AND VOLUNTARY WITHDRAWALS

TERMS OF THE UNDERTAKING AND VOLUNTARY WITHDRAWALS

| (19) | As per the undertaking, any exporting producer may voluntarily withdraw its undertaking at any time during its application. |
| --- | --- |

(19)

As per the undertaking, any exporting producer may voluntarily withdraw its undertaking at any time during its application.

| (20) | Wuxi Suntech notified the Commission in August 2016 that it wished to withdraw from the undertaking. |
| --- | --- |

(20)

Wuxi Suntech notified the Commission in August 2016 that it wished to withdraw from the undertaking.

| (21) | Jinko Solar, Risen Energy, JA Solar and Sumec notified the Commission in September 2016 that they also wished to withdraw from the undertaking. |
| --- | --- |

(21)

Jinko Solar, Risen Energy, JA Solar and Sumec notified the Commission in September 2016 that they also wished to withdraw from the undertaking.

C.   WITHDRAWAL OF THE ACCEPTANCE OF THE UNDERTAKING AND IMPOSITIONS OF DEFINITIVE DUTIES

WITHDRAWAL OF THE ACCEPTANCE OF THE UNDERTAKING AND IMPOSITIONS OF DEFINITIVE DUTIES

| (22) | Therefore, in accordance with Article 8(9) of the basic anti-dumping Regulation, Article 13(9) of the basic anti-subsidy Regulation and also in accordance with the terms of the undertaking, the Commission has concluded that the acceptance of the undertaking for Wuxi Suntech, Jinko Solar, Risen Energy, JA Solar and Sumec shall be withdrawn. |
| --- | --- |

(22)

Therefore, in accordance with Article 8(9) of the basic anti-dumping Regulation, Article 13(9) of the basic anti-subsidy Regulation and also in accordance with the terms of the undertaking, the Commission has concluded that the acceptance of the undertaking for Wuxi Suntech, Jinko Solar, Risen Energy, JA Solar and Sumec shall be withdrawn.

| (23) | Accordingly, pursuant to Article 8(9) of the basic anti-dumping Regulation and Article 13(9) of the basic anti-subsidy Regulation, the definitive anti-dumping duty imposed by Article 1 of Implementing Regulation (EU) No 1238/2013 and the definitive countervailing duty imposed by Article 1 of Implementing Regulation (EU) No 1239/2013 automatically apply to imports originating in or consigned from the PRC of the product concerned and produced by Wuxi Suntech (TARIC additional code: B796), Jinko Solar (TARIC additional code: B845), Risen Energy (TARIC additional code: B868), JA Solar (TARIC additional code: B794) and Sumec (TARIC additional code: B866) as of the day of entry into force of this Regulation. |
| --- | --- |

(23)

Accordingly, pursuant to Article 8(9) of the basic anti-dumping Regulation and Article 13(9) of the basic anti-subsidy Regulation, the definitive anti-dumping duty imposed by Article 1 of Implementing Regulation (EU) No 1238/2013 and the definitive countervailing duty imposed by Article 1 of Implementing Regulation (EU) No 1239/2013 automatically apply to imports originating in or consigned from the PRC of the product concerned and produced by Wuxi Suntech (TARIC additional code: B796), Jinko Solar (TARIC additional code: B845), Risen Energy (TARIC additional code: B868), JA Solar (TARIC additional code: B794) and Sumec (TARIC additional code: B866) as of the day of entry into force of this Regulation.

| (24) | For information purposes the table in Annex to this Regulation lists the exporting producers for whom the acceptance of the undertaking by Implementing Decision 2013/707/EU is not affected, |
| --- | --- |

(24)

For information purposes the table in Annex to this Regulation lists the exporting producers for whom the acceptance of the undertaking by Implementing Decision 2013/707/EU is not affected,

HAS ADOPTED THIS REGULATION:

Article 1

Acceptance of the undertaking in relation to:

| (a) | Wuxi Suntech Power Co. Ltd, Suntech Power Co. Ltd, Wuxi Sunshine Power Co. Ltd, Luoyang Suntech Power Co. Ltd, Zhenjiang Rietech New Energy Science Technology Co. Ltd and Zhenjiang Ren De New Energy Science Technology Co. Ltd together with their related companies in the Union, jointly covered by the TARIC additional code: B796 (‘Wuxi Suntech’); |
| --- | --- |

(a)

Wuxi Suntech Power Co. Ltd, Suntech Power Co. Ltd, Wuxi Sunshine Power Co. Ltd, Luoyang Suntech Power Co. Ltd, Zhenjiang Rietech New Energy Science Technology Co. Ltd and Zhenjiang Ren De New Energy Science Technology Co. Ltd together with their related companies in the Union, jointly covered by the TARIC additional code: B796 (‘Wuxi Suntech’);

| (b) | Jinko Solar Co. Ltd, Jinko Solar Import and Export Co. Ltd, ZHEJIANG JINKO SOLAR CO. LTD and ZHEJIANG JINKO SOLAR TRADING CO. LTD together with their related companies in the PRC and in the Union, jointly covered by the TARIC additional code: B845 (‘Jinko Solar’); |
| --- | --- |

(b)

Jinko Solar Co. Ltd, Jinko Solar Import and Export Co. Ltd, ZHEJIANG JINKO SOLAR CO. LTD and ZHEJIANG JINKO SOLAR TRADING CO. LTD together with their related companies in the PRC and in the Union, jointly covered by the TARIC additional code: B845 (‘Jinko Solar’);

| (c) | Risen Energy Co., Ltd, together with its related company in the Union, jointly covered by the TARIC additional code: B868 (‘Risen Energy’); |
| --- | --- |

(c)

Risen Energy Co., Ltd, together with its related company in the Union, jointly covered by the TARIC additional code: B868 (‘Risen Energy’);

| (d) | JingAo Solar Co. Ltd, Shanghai JA Solar Technology Co. Ltd, JA Solar Technology Yangzhou Co. Ltd, Hefei JA Solar Technology Co. Ltd and Shanghai JA Solar PV Technology Co. Ltd, together with their related company in the Union, jointly covered by TARIC additional code: B794 (‘JA Solar’); and |
| --- | --- |

(d)

JingAo Solar Co. Ltd, Shanghai JA Solar Technology Co. Ltd, JA Solar Technology Yangzhou Co. Ltd, Hefei JA Solar Technology Co. Ltd and Shanghai JA Solar PV Technology Co. Ltd, together with their related company in the Union, jointly covered by TARIC additional code: B794 (‘JA Solar’); and

| (e) | Sumec Hardware & Tools Co. Ltd and Phono Solar Technology Co. Ltd, together with their related companies in the Union, jointly covered by TARIC additional code: B866 (‘Sumec’); |
| --- | --- |

(e)

Sumec Hardware & Tools Co. Ltd and Phono Solar Technology Co. Ltd, together with their related companies in the Union, jointly covered by TARIC additional code: B866 (‘Sumec’);

is hereby withdrawn.

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, 15 November 2016.

For the Commission

The President

Jean-Claude JUNCKER

---

(1)  
  OJ L 176, 30.6.2016, p. 21.

1

(2)  
  OJ L 176, 30.6.2016, p. 55.

2

(3)  
  OJ L 152, 5.6.2013, p. 5.

3

(4)  
  OJ L 209, 3.8.2013, p. 26.

4

(5)  
  OJ L 209, 3.8.2013, p. 1.

5

(6)  
  OJ L 325, 5.12.2013, p. 1.

6

(7)  
  OJ L 325, 5.12.2013, p. 66.

7

(8)  
  OJ L 325, 5.12.2013, p. 214.

8

(9)  
  OJ L 270, 11.9.2014, p. 6.

9

(10)  
  OJ L 139, 5.6.2015, p. 30.

10

(11)  
  OJ L 218, 19.8.2015, p. 1.

11

(12)  
  OJ L 295, 12.11.2015, p. 23.

12

(13)  
  OJ C 405, 5.12.2015, p. 8.

13

(14)  
  OJ C 405, 5.12.2015, p. 20.

14

(15)  
  OJ C 405, 5.12.2015, p. 33.

15

(16)  
  OJ L 23, 29.1.2016, p. 47.

16

(17)  
  OJ L 37, 12.2.2016, p. 76.

17

(18)  
  OJ L 37, 12.2.2016, p. 56.

18

(19)  
  OJ L 170, 29.6.2016, p. 5.

19

(20)  
  OJ L 222, 17.8.2016, p. 10.

20

(21)  
  OJ L 228, 23.8.2016, p. 16.

21

---

ANNEX

List of companies

| Name of the company | TARIC additional code |
| --- | --- |
| Jiangsu Aide Solar Energy Technology Co. Ltd | B798 |
| Alternative Energy (AE) Solar Co. Ltd | B799 |
| Anhui Chaoqun Power Co. Ltd | B800 |
| Anji DaSol Solar Energy Science & Technology Co. Ltd | B802 |
| Anhui Schutten Solar Energy Co. Ltd
  Quanjiao Jingkun Trade Co. Ltd | B801 |
| Anhui Titan PV Co. Ltd | B803 |
| Xi'an SunOasis (Prime) Company Limited
  TBEA SOLAR CO. LTD
  XINJIANG SANG'O SOLAR EQUIPMENT | B804 |
| Changzhou NESL Solartech Co. Ltd | B806 |
| Changzhou Shangyou Lianyi Electronic Co. Ltd | B807 |
| CHINALAND SOLAR ENERGY CO. LTD | B808 |
| ChangZhou EGing Photovoltaic Technology Co. Ltd | B811 |
| CIXI CITY RIXING ELECTRONICS CO. LTD
  ANHUI RINENG ZHONGTIAN SEMICONDUCTOR DEVELOPMENT CO. LTD
  HUOSHAN KEBO ENERGY & TECHNOLOGY CO. LTD | B812 |
| CSG PVtech Co. Ltd | B814 |
| China Sunergy (Nanjing) Co. Ltd
  CEEG Nanjing Renewable Energy Co. Ltd
  CEEG (Shanghai) Solar Science Technology Co. Ltd
  China Sunergy (Yangzhou) Co. Ltd
  China Sunergy (Shanghai) Co. Ltd | B809 |
| Dongfang Electric (Yixing) MAGI Solar Power Technology Co. Ltd | B816 |
| EOPLLY New Energy Technology Co. Ltd
  SHANGHAI EBEST SOLAR ENERGY TECHNOLOGY CO. LTD
  JIANGSU EOPLLY IMPORT & EXPORT CO. LTD | B817 |
| Zhejiang Era Solar Technology Co. Ltd | B818 |
| GD Solar Co. Ltd | B820 |
| Greenway Solar-Tech (Shanghai) Co. Ltd
  Greenway Solar-Tech (Huaian) Co. Ltd | B821 |
| Konca Solar Cell Co. Ltd
  Suzhou GCL Photovoltaic Technology Co. Ltd
  Jiangsu GCL Silicon Material Technology Development Co. Ltd
  Jiangsu Zhongneng Polysilicon Technology Development Co. Ltd
  GCL-Poly (Suzhou) Energy Limited
  GCL-Poly Solar Power System Integration (Taicang) Co. Ltd
  GCL SOLAR POWER (SUZHOU) LIMITED
  GCL Solar System (Shuzhou) Limited
  GCL System Integration Technology Co. Ltd | B850 |
| Guodian Jintech Solar Energy Co. Ltd | B822 |
| Hangzhou Bluesun New Material Co. Ltd | B824 |
| Hanwha SolarOne (Qidong) Co. Ltd | B826 |
| Hengdian Group DMEGC Magnetics Co. Ltd | B827 |
| HENGJI PV-TECH ENERGY CO. LTD | B828 |
| Himin Clean Energy Holdings Co. Ltd | B829 |
| Jetion Solar (China) Co. Ltd
  Junfeng Solar (Jiangsu) Co. Ltd
  Jetion Solar (Jiangyin) Co. Ltd | B830 |
| Jiangsu Green Power PV Co. Ltd | B831 |
| Jiangsu Hosun Solar Power Co. Ltd | B832 |
| Jiangsu Jiasheng Photovoltaic Technology Co. Ltd | B833 |
| Jiangsu Runda PV Co. Ltd | B834 |
| Jiangsu Sainty Photovoltaic Systems Co. Ltd
  Jiangsu Sainty Machinery Imp. And Exp. Corp. Ltd | B835 |
| Jiangsu Seraphim Solar System Co. Ltd | B836 |
| Jiangsu Shunfeng Photovoltaic Technology Co. Ltd
  Changzhou Shunfeng Photovoltaic Materials Co. Ltd
  Jiangsu Shunfeng Photovoltaic Electronic Power Co. Ltd | B837 |
| Jiangsu Sinski PV Co. Ltd | B838 |
| Jiangsu Sunlink PV Technology Co. Ltd | B839 |
| Jiangsu Zhongchao Solar Technology Co. Ltd | B840 |
| Jiangxi Risun Solar Energy Co. Ltd | B841 |
| Jiangxi LDK Solar Hi-Tech Co. Ltd
  LDK Solar Hi-Tech (Nanchang) Co. Ltd
  LDK Solar Hi-Tech (Suzhou) Co. Ltd | B793 |
| Jiangyin Hareon Power Co. Ltd
  Hareon Solar Technology Co. Ltd
  Taicang Hareon Solar Co. Ltd
  Hefei Hareon Solar Technology Co. Ltd
  Jiangyin Xinhui Solar Energy Co. Ltd
  Altusvia Energy (Taicang) Co. Ltd | B842 |
| Jiangyin Shine Science and Technology Co. Ltd | B843 |
| Jinzhou Yangguang Energy Co. Ltd
  Jinzhou Huachang Photovoltaic Technology Co. Ltd
  Jinzhou Jinmao Photovoltaic Technology Co. Ltd
  Jinzhou Rixin Silicon Materials Co. Ltd
  Jinzhou Youhua Silicon Materials Co. Ltd | B795 |
| Juli New Energy Co. Ltd | B846 |
| Jumao Photonic (Xiamen) Co. Ltd | B847 |
| King-PV Technology Co. Ltd | B848 |
| Kinve Solar Power Co. Ltd (Maanshan) | B849 |
| Lightway Green New Energy Co. Ltd
  Lightway Green New Energy(Zhuozhou) Co. Ltd | B851 |
| Nanjing Daqo New Energy Co. Ltd | B853 |
| NICE SUN PV CO. LTD
  LEVO SOLAR TECHNOLOGY CO. LTD | B854 |
| Ningbo Huashun Solar Energy Technology Co. Ltd | B856 |
| Ningbo Jinshi Solar Electrical Science & Technology Co. Ltd | B857 |
| Ningbo Komaes Solar Technology Co. Ltd | B858 |
| Ningbo South New Energy Technology Co. Ltd | B861 |
| Ningbo Sunbe Electric Ind Co. Ltd | B862 |
| Ningbo Ulica Solar Science & Technology Co. Ltd | B863 |
| Perfectenergy (Shanghai) Co. Ltd | B864 |
| Perlight Solar Co. Ltd | B865 |
| SHANGHAI ALEX SOLAR ENERGY SCIENCE & TECHNOLOGY CO. LTD
  SHANGHAI ALEX NEW ENERGY CO. LTD | B870 |
| Shanghai BYD Co. Ltd
  BYD(Shangluo)Industrial Co. Ltd | B871 |
| Shanghai Chaori Solar Energy Science & Technology Co. Ltd | B872 |
| Propsolar (Zhejiang) New Energy Technology Co. Ltd
  Shanghai Propsolar New Energy Co. Ltd | B873 |
| SHANGHAI SHANGHONG ENERGY TECHNOLOGY CO. LTD | B874 |
| SHANGHAI SOLAR ENERGY S&T CO. LTD
  Shanghai Shenzhou New Energy Development Co. Ltd
  Lianyungang Shenzhou New Energy Co. Ltd | B875 |
| Shanghai ST Solar Co. Ltd
  Jiangsu ST Solar Co. Ltd | B876 |
| Shenzhen Sacred Industry Co. Ltd | B878 |
| Shenzhen Topray Solar Co. Ltd
  Shanxi Topray Solar Co. Ltd
  Leshan Topray Cell Co. Ltd | B880 |
| Sopray Energy Co. Ltd
  Shanghai Sopray New Energy Co. Ltd | B881 |
| SUN EARTH SOLAR POWER CO. LTD
  NINGBO SUN EARTH SOLAR POWER CO. LTD
  Ningbo Sun Earth Solar Energy Co. Ltd | B882 |
| SUZHOU SHENGLONG PV-TECH CO. LTD | B883 |
| TDG Holding Co. Ltd | B884 |
| Tianwei New Energy Holdings Co. Ltd
  Tianwei New Energy (Chengdu) PV Module Co. Ltd
  Tianwei New Energy (Yangzhou) Co. Ltd | B885 |
| Wenzhou Jingri Electrical and Mechanical Co. Ltd | B886 |
| Shanghai Topsolar Green Energy Co. Ltd | B877 |
| Shenzhen Sungold Solar Co. Ltd | B879 |
| Wuhu Zhongfu PV Co. Ltd | B889 |
| Wuxi Saijing Solar Co. Ltd | B890 |
| Wuxi Shangpin Solar Energy Science and Technology Co. Ltd | B891 |
| Wuxi Solar Innova PV Co. Ltd | B892 |
| Wuxi Taichang Electronic Co. Ltd
  China Machinery Engineering Wuxi Co. Ltd
  Wuxi Taichen Machinery & Equipment Co. Ltd | B893 |
| Xi'an Huanghe Photovoltaic Technology Co. Ltd
  State-run Huanghe Machine-Building Factory Import and Export Corporation
  Shanghai Huanghe Fengjia Photovoltaic Technology Co. Ltd | B896 |
| Yingli Energy (China) Co. Ltd
  Baoding Tianwei Yingli New Energy Resources Co. Ltd
  Hainan Yingli New Energy Resources Co. Ltd
  Hengshui Yingli New Energy Resources Co. Ltd
  Tianjin Yingli New Energy Resources Co. Ltd
  Lixian Yingli New Energy Resources Co. Ltd
  Baoding Jiasheng Photovoltaic Technology Co. Ltd
  Beijing Tianneng Yingli New Energy Resources Co. Ltd
  Yingli Energy (Beijing) Co. Ltd | B797 |
| Yuhuan BLD Solar Technology Co. Ltd
  Zhejiang BLD Solar Technology Co. Ltd | B899 |
| Yuhuan Sinosola Science & Technology Co. Ltd | B900 |
| Zhangjiagang City SEG PV Co. Ltd | B902 |
| Zhejiang Fengsheng Electrical Co. Ltd | B903 |
| Zhejiang Global Photovoltaic Technology Co. Ltd | B904 |
| Zhejiang Heda Solar Technology Co. Ltd | B905 |
| Zhejiang Jiutai New Energy Co. Ltd
  Zhejiang Topoint Photovoltaic Co. Ltd | B906 |
| Zhejiang Kingdom Solar Energy Technic Co. Ltd | B907 |
| Zhejiang Koly Energy Co. Ltd | B908 |
| Zhejiang Mega Solar Energy Co. Ltd
  Zhejiang Fortune Photovoltaic Co. Ltd | B910 |
| Zhejiang Shuqimeng Photovoltaic Technology Co. Ltd | B911 |
| Zhejiang Shinew Photoelectronic Technology Co. Ltd | B912 |
| Zhejiang Sunflower Light Energy Science & Technology Limited Liability Company
  Zhejiang Yauchong Light Energy Science & Technology Co. Ltd | B914 |
| Zhejiang Sunrupu New Energy Co. Ltd | B915 |
| Zhejiang Tianming Solar Technology Co. Ltd | B916 |
| Zhejiang Trunsun Solar Co. Ltd
  Zhejiang Beyondsun PV Co. Ltd | B917 |
| Zhejiang Wanxiang Solar Co. Ltd
  WANXIANG IMPORT & EXPORT CO LTD | B918 |
| ZHEJIANG YUANZHONG SOLAR CO. LTD | B920 |
| Zhongli Talesun Solar Co. Ltd | B922 |

Name of the company

TARIC additional code

Jiangsu Aide Solar Energy Technology Co. Ltd

B798

Alternative Energy (AE) Solar Co. Ltd

B799

Anhui Chaoqun Power Co. Ltd

B800

Anji DaSol Solar Energy Science & Technology Co. Ltd

B802

Anhui Schutten Solar Energy Co. Ltd

Quanjiao Jingkun Trade Co. Ltd

B801

Anhui Titan PV Co. Ltd

B803

Xi'an SunOasis (Prime) Company Limited

TBEA SOLAR CO. LTD

XINJIANG SANG'O SOLAR EQUIPMENT

B804

Changzhou NESL Solartech Co. Ltd

B806

Changzhou Shangyou Lianyi Electronic Co. Ltd

B807

CHINALAND SOLAR ENERGY CO. LTD

B808

ChangZhou EGing Photovoltaic Technology Co. Ltd

B811

CIXI CITY RIXING ELECTRONICS CO. LTD

ANHUI RINENG ZHONGTIAN SEMICONDUCTOR DEVELOPMENT CO. LTD

HUOSHAN KEBO ENERGY & TECHNOLOGY CO. LTD

B812

CSG PVtech Co. Ltd

B814

China Sunergy (Nanjing) Co. Ltd

CEEG Nanjing Renewable Energy Co. Ltd

CEEG (Shanghai) Solar Science Technology Co. Ltd

China Sunergy (Yangzhou) Co. Ltd

China Sunergy (Shanghai) Co. Ltd

B809

Dongfang Electric (Yixing) MAGI Solar Power Technology Co. Ltd

B816

EOPLLY New Energy Technology Co. Ltd

SHANGHAI EBEST SOLAR ENERGY TECHNOLOGY CO. LTD

JIANGSU EOPLLY IMPORT & EXPORT CO. LTD

B817

Zhejiang Era Solar Technology Co. Ltd

B818

GD Solar Co. Ltd

B820

Greenway Solar-Tech (Shanghai) Co. Ltd

Greenway Solar-Tech (Huaian) Co. Ltd

B821

Konca Solar Cell Co. Ltd

Suzhou GCL Photovoltaic Technology Co. Ltd

Jiangsu GCL Silicon Material Technology Development Co. Ltd

Jiangsu Zhongneng Polysilicon Technology Development Co. Ltd

GCL-Poly (Suzhou) Energy Limited

GCL-Poly Solar Power System Integration (Taicang) Co. Ltd

GCL SOLAR POWER (SUZHOU) LIMITED

GCL Solar System (Shuzhou) Limited

GCL System Integration Technology Co. Ltd

B850

Guodian Jintech Solar Energy Co. Ltd

B822

Hangzhou Bluesun New Material Co. Ltd

B824

Hanwha SolarOne (Qidong) Co. Ltd

B826

Hengdian Group DMEGC Magnetics Co. Ltd

B827

HENGJI PV-TECH ENERGY CO. LTD

B828

Himin Clean Energy Holdings Co. Ltd

B829

Jetion Solar (China) Co. Ltd

Junfeng Solar (Jiangsu) Co. Ltd

Jetion Solar (Jiangyin) Co. Ltd

B830

Jiangsu Green Power PV Co. Ltd

B831

Jiangsu Hosun Solar Power Co. Ltd

B832

Jiangsu Jiasheng Photovoltaic Technology Co. Ltd

B833

Jiangsu Runda PV Co. Ltd

B834

Jiangsu Sainty Photovoltaic Systems Co. Ltd

Jiangsu Sainty Machinery Imp. And Exp. Corp. Ltd

B835

Jiangsu Seraphim Solar System Co. Ltd

B836

Jiangsu Shunfeng Photovoltaic Technology Co. Ltd

Changzhou Shunfeng Photovoltaic Materials Co. Ltd

Jiangsu Shunfeng Photovoltaic Electronic Power Co. Ltd

B837

Jiangsu Sinski PV Co. Ltd

B838

Jiangsu Sunlink PV Technology Co. Ltd

B839

Jiangsu Zhongchao Solar Technology Co. Ltd

B840

Jiangxi Risun Solar Energy Co. Ltd

B841

Jiangxi LDK Solar Hi-Tech Co. Ltd

LDK Solar Hi-Tech (Nanchang) Co. Ltd

LDK Solar Hi-Tech (Suzhou) Co. Ltd

B793

Jiangyin Hareon Power Co. Ltd

Hareon Solar Technology Co. Ltd

Taicang Hareon Solar Co. Ltd

Hefei Hareon Solar Technology Co. Ltd

Jiangyin Xinhui Solar Energy Co. Ltd

Altusvia Energy (Taicang) Co. Ltd

B842

Jiangyin Shine Science and Technology Co. Ltd

B843

Jinzhou Yangguang Energy Co. Ltd

Jinzhou Huachang Photovoltaic Technology Co. Ltd

Jinzhou Jinmao Photovoltaic Technology Co. Ltd

Jinzhou Rixin Silicon Materials Co. Ltd

Jinzhou Youhua Silicon Materials Co. Ltd

B795

Juli New Energy Co. Ltd

B846

Jumao Photonic (Xiamen) Co. Ltd

B847

King-PV Technology Co. Ltd

B848

Kinve Solar Power Co. Ltd (Maanshan)

B849

Lightway Green New Energy Co. Ltd

Lightway Green New Energy(Zhuozhou) Co. Ltd

B851

Nanjing Daqo New Energy Co. Ltd

B853

NICE SUN PV CO. LTD

LEVO SOLAR TECHNOLOGY CO. LTD

B854

Ningbo Huashun Solar Energy Technology Co. Ltd

B856

Ningbo Jinshi Solar Electrical Science & Technology Co. Ltd

B857

Ningbo Komaes Solar Technology Co. Ltd

B858

Ningbo South New Energy Technology Co. Ltd

B861

Ningbo Sunbe Electric Ind Co. Ltd

B862

Ningbo Ulica Solar Science & Technology Co. Ltd

B863

Perfectenergy (Shanghai) Co. Ltd

B864

Perlight Solar Co. Ltd

B865

SHANGHAI ALEX SOLAR ENERGY SCIENCE & TECHNOLOGY CO. LTD

SHANGHAI ALEX NEW ENERGY CO. LTD

B870

Shanghai BYD Co. Ltd

BYD(Shangluo)Industrial Co. Ltd

B871

Shanghai Chaori Solar Energy Science & Technology Co. Ltd

B872

Propsolar (Zhejiang) New Energy Technology Co. Ltd

Shanghai Propsolar New Energy Co. Ltd

B873

SHANGHAI SHANGHONG ENERGY TECHNOLOGY CO. LTD

B874

SHANGHAI SOLAR ENERGY S&T CO. LTD

Shanghai Shenzhou New Energy Development Co. Ltd

Lianyungang Shenzhou New Energy Co. Ltd

B875

Shanghai ST Solar Co. Ltd

Jiangsu ST Solar Co. Ltd

B876

Shenzhen Sacred Industry Co. Ltd

B878

Shenzhen Topray Solar Co. Ltd

Shanxi Topray Solar Co. Ltd

Leshan Topray Cell Co. Ltd

B880

Sopray Energy Co. Ltd

Shanghai Sopray New Energy Co. Ltd

B881

SUN EARTH SOLAR POWER CO. LTD

NINGBO SUN EARTH SOLAR POWER CO. LTD

Ningbo Sun Earth Solar Energy Co. Ltd

B882

SUZHOU SHENGLONG PV-TECH CO. LTD

B883

TDG Holding Co. Ltd

B884

Tianwei New Energy Holdings Co. Ltd

Tianwei New Energy (Chengdu) PV Module Co. Ltd

Tianwei New Energy (Yangzhou) Co. Ltd

B885

Wenzhou Jingri Electrical and Mechanical Co. Ltd

B886

Shanghai Topsolar Green Energy Co. Ltd

B877

Shenzhen Sungold Solar Co. Ltd

B879

Wuhu Zhongfu PV Co. Ltd

B889

Wuxi Saijing Solar Co. Ltd

B890

Wuxi Shangpin Solar Energy Science and Technology Co. Ltd

B891

Wuxi Solar Innova PV Co. Ltd

B892

Wuxi Taichang Electronic Co. Ltd

China Machinery Engineering Wuxi Co. Ltd

Wuxi Taichen Machinery & Equipment Co. Ltd

B893

Xi'an Huanghe Photovoltaic Technology Co. Ltd

State-run Huanghe Machine-Building Factory Import and Export Corporation

Shanghai Huanghe Fengjia Photovoltaic Technology Co. Ltd

B896

Yingli Energy (China) Co. Ltd

Baoding Tianwei Yingli New Energy Resources Co. Ltd

Hainan Yingli New Energy Resources Co. Ltd

Hengshui Yingli New Energy Resources Co. Ltd

Tianjin Yingli New Energy Resources Co. Ltd

Lixian Yingli New Energy Resources Co. Ltd

Baoding Jiasheng Photovoltaic Technology Co. Ltd

Beijing Tianneng Yingli New Energy Resources Co. Ltd

Yingli Energy (Beijing) Co. Ltd

B797

Yuhuan BLD Solar Technology Co. Ltd

Zhejiang BLD Solar Technology Co. Ltd

B899

Yuhuan Sinosola Science & Technology Co. Ltd

B900

Zhangjiagang City SEG PV Co. Ltd

B902

Zhejiang Fengsheng Electrical Co. Ltd

B903

Zhejiang Global Photovoltaic Technology Co. Ltd

B904

Zhejiang Heda Solar Technology Co. Ltd

B905

Zhejiang Jiutai New Energy Co. Ltd

Zhejiang Topoint Photovoltaic Co. Ltd

B906

Zhejiang Kingdom Solar Energy Technic Co. Ltd

B907

Zhejiang Koly Energy Co. Ltd

B908

Zhejiang Mega Solar Energy Co. Ltd

Zhejiang Fortune Photovoltaic Co. Ltd

B910

Zhejiang Shuqimeng Photovoltaic Technology Co. Ltd

B911

Zhejiang Shinew Photoelectronic Technology Co. Ltd

B912

Zhejiang Sunflower Light Energy Science & Technology Limited Liability Company

Zhejiang Yauchong Light Energy Science & Technology Co. Ltd

B914

Zhejiang Sunrupu New Energy Co. Ltd

B915

Zhejiang Tianming Solar Technology Co. Ltd

B916

Zhejiang Trunsun Solar Co. Ltd

Zhejiang Beyondsun PV Co. Ltd

B917

Zhejiang Wanxiang Solar Co. Ltd

WANXIANG IMPORT & EXPORT CO LTD

B918

ZHEJIANG YUANZHONG SOLAR CO. LTD

B920

Zhongli Talesun Solar Co. Ltd

B922

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| 16.11.2016 | EN | Official Journal of the European Union | L 308/18 |
| --- | --- | --- | --- |

16.11.2016

EN

Official Journal of the European Union

L 308/18

---

COMMISSION IMPLEMENTING REGULATION (EU) 2016/1999

of 15 November 2016

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, 15 November 2016.

For the Commission,

On behalf of the President,

Jerzy PLEWA

Director-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 | MA | 92,9 |
| ZZ | 92,9 |
| 0707 00 05 | TR | 141,4 |
| ZZ | 141,4 |
| 0709 93 10 | MA | 105,4 |
| TR | 102,4 |
| ZZ | 103,9 |
| 0805 20 10 | MA | 88,2 |
| ZZ | 88,2 |
| 0805 20 30 , 0805 20 50 , 0805 20 70 , 0805 20 90 | PE | 122,6 |
| TR | 67,3 |
| ZZ | 95,0 |
| 0805 50 10 | AR | 67,2 |
| CL | 69,9 |
| TR | 83,0 |
| ZZ | 73,4 |
| 0806 10 10 | BR | 293,4 |
| IN | 166,9 |
| PE | 319,6 |
| TR | 136,7 |
| US | 353,3 |
| ZA | 345,1 |
| ZZ | 269,2 |
| 0808 10 80 | CL | 174,1 |
| NZ | 139,2 |
| ZA | 122,8 |
| ZZ | 145,4 |
| 0808 30 90 | CN | 44,3 |
| TR | 168,6 |
| ZZ | 106,5 |

(EUR/100 kg)

CN code

Third country code (1)

Standard import value

0702 00 00

MA

92,9

ZZ

92,9

0707 00 05

TR

141,4

ZZ

141,4

0709 93 10

MA

105,4

TR

102,4

ZZ

103,9

0805 20 10

MA

88,2

ZZ

88,2

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

PE

122,6

TR

67,3

ZZ

95,0

0805 50 10

AR

67,2

CL

69,9

TR

83,0

ZZ

73,4

0806 10 10

BR

293,4

IN

166,9

PE

319,6

TR

136,7

US

353,3

ZA

345,1

ZZ

269,2

0808 10 80

CL

174,1

NZ

139,2

ZA

122,8

ZZ

145,4

0808 30 90

CN

44,3

TR

168,6

ZZ

106,5

---

(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

| 16.11.2016 | EN | Official Journal of the European Union | L 308/20 |
| --- | --- | --- | --- |

16.11.2016

EN

Official Journal of the European Union

L 308/20

---

COUNCIL IMPLEMENTING DECISION (CFSP) 2016/2000

of 15 November 2016

implementing Decision 2013/255/CFSP concerning restrictive measures against Syria

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on European Union, and in particular Article 31(2) thereof,

Having regard to Council Deision 2013/255/CFSP of 31 May 2013 concerning restrictive measures against Syria (1), and in particular Article 30(1) thereof,

Having regard to the proposal from the High Representative of the Union for Foreign Affairs and Security Policy,

Whereas:

| (1) | On 31 May 2013, the Council adopted Decision 2013/255/CFSP, concerning restrictive measures against Syria. |
| --- | --- |

(1)

On 31 May 2013, the Council adopted Decision 2013/255/CFSP, concerning restrictive measures against Syria.

| (2) | Two entities should be removed from the list of entities subject to restrictive measures, as set out in Section B of Annex I to Decision 2013/255/CFSP. |
| --- | --- |

(2)

Two entities should be removed from the list of entities subject to restrictive measures, as set out in Section B of Annex I to Decision 2013/255/CFSP.

| (3) | Annex I to Decision 2013/255/CFSP should therefore be amended accordingly, |
| --- | --- |

(3)

Annex I to Decision 2013/255/CFSP should therefore be amended accordingly,

HAS ADOPTED THIS DECISION:

Article 1

Annex I to Decision 2013/255/CFSP is amended as set out in the Annex to this Decision.

Article 2

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

Done at Brussels, 15 November 2016.

For the Council

The President

I. KORČOK

---

(1)  
  OJ L 147, 1.6.2013, p. 14.

1

---

ANNEX

I.

| 55. | Tri-Ocean Trading |
| --- | --- |

55.

Tri-Ocean Trading

| 55a. | Tri-Ocean Energy |
| --- | --- |

55a.

Tri-Ocean Energy

---

| 16.11.2016 | EN | Official Journal of the European Union | L 308/22 |
| --- | --- | --- | --- |

16.11.2016

EN

Official Journal of the European Union

L 308/22

---

COUNCIL DECISION (CFSP) 2016/2001

of 15 November 2016

on a Union contribution to the establishment and the secure management of a Low Enriched Uranium (LEU) Bank under the control of the International Atomic Energy Agency (IAEA) in the framework of the EU Strategy against the Proliferation of Weapons of Mass Destruction

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on European Union, and in particular Article 28 thereof,

Having regard to the proposal of the High Representative of the Union for Foreign Affairs and Security Policy,

Whereas:

| (1) | On 12 December 2003, the European Council adopted the EU Strategy against the Proliferation of Weapons of Mass Destruction (‘the Strategy’), Chapter III of which contains a list of measures to combat such proliferation and which need to be taken both within the Union and in third countries. |
| --- | --- |

(1)

On 12 December 2003, the European Council adopted the EU Strategy against the Proliferation of Weapons of Mass Destruction (‘the Strategy’), Chapter III of which contains a list of measures to combat such proliferation and which need to be taken both within the Union and in third countries.

| (2) | The Union is actively implementing the Strategy and is giving effect to the measures listed in Chapter III thereof, in particular through releasing financial resources to support specific projects conducted by multilateral institutions, such as the International Atomic Energy Agency (IAEA). |
| --- | --- |

(2)

The Union is actively implementing the Strategy and is giving effect to the measures listed in Chapter III thereof, in particular through releasing financial resources to support specific projects conducted by multilateral institutions, such as the International Atomic Energy Agency (IAEA).

| (3) | Article IV of the Treaty on the Non-Proliferation of Nuclear Weapons (NPT) stipulates the inalienable right of all the Parties to the NPT to develop research, production and use of nuclear energy for peaceful purposes without discrimination and in conformity with Articles I and II of the NPT. It also stipulates that all the Parties to the NPT undertake to ‘cooperate in contributing alone or together with other States or international organizations to the further development of the applications of nuclear energy for peaceful purposes, especially in the territories of non-nuclear-weapon States Party to the Treaty, with due consideration for the needs of the developing areas of the world’. |
| --- | --- |

(3)

Article IV of the Treaty on the Non-Proliferation of Nuclear Weapons (NPT) stipulates the inalienable right of all the Parties to the NPT to develop research, production and use of nuclear energy for peaceful purposes without discrimination and in conformity with Articles I and II of the NPT. It also stipulates that all the Parties to the NPT undertake to ‘cooperate in contributing alone or together with other States or international organizations to the further development of the applications of nuclear energy for peaceful purposes, especially in the territories of non-nuclear-weapon States Party to the Treaty, with due consideration for the needs of the developing areas of the world’.

| (4) | Multilateral approaches to the nuclear fuel cycle have the potential to provide countries which have decided to resort to nuclear energy for peaceful uses with an alternative to the development of national nuclear fuel cycles, while avoiding proliferation risks. |
| --- | --- |

(4)

Multilateral approaches to the nuclear fuel cycle have the potential to provide countries which have decided to resort to nuclear energy for peaceful uses with an alternative to the development of national nuclear fuel cycles, while avoiding proliferation risks.

| (5) | Under Article III of its Statute, the IAEA is authorised to perform any operation, including acquiring nuclear fuel, services and equipment and establishing its own facilities and plants, in order to facilitate the practical application of nuclear energy for peaceful purposes. |
| --- | --- |

(5)

Under Article III of its Statute, the IAEA is authorised to perform any operation, including acquiring nuclear fuel, services and equipment and establishing its own facilities and plants, in order to facilitate the practical application of nuclear energy for peaceful purposes.

| (6) | In September 2006, the Nuclear Threat Initiative (NTI), an independent non-governmental organisation based in the United States, offered a grant of USD 50 000 000 to the IAEA to help create a low enriched uranium stockpile owned and managed by the IAEA on the condition that the Agency should be able to collect an additional amount of USD 100 000 000, including grants from other IAEA Member States and donors, and set up a nuclear fuel reserve. |
| --- | --- |

(6)

In September 2006, the Nuclear Threat Initiative (NTI), an independent non-governmental organisation based in the United States, offered a grant of USD 50 000 000 to the IAEA to help create a low enriched uranium stockpile owned and managed by the IAEA on the condition that the Agency should be able to collect an additional amount of USD 100 000 000, including grants from other IAEA Member States and donors, and set up a nuclear fuel reserve.

| (7) | On 8 December 2008, the Council adopted conclusions in support of the establishment and the secure management of a nuclear fuel bank placed under the control of the IAEA. It also stated that the Union was planning to contribute up to EUR 25 000 000 to that project, once the conditions and modalities for the Bank have been defined and approved by the IAEA Board of Governors. The European Commission has already provided EUR 20 000 000 for the acquisition of the LEU. |
| --- | --- |

(7)

On 8 December 2008, the Council adopted conclusions in support of the establishment and the secure management of a nuclear fuel bank placed under the control of the IAEA. It also stated that the Union was planning to contribute up to EUR 25 000 000 to that project, once the conditions and modalities for the Bank have been defined and approved by the IAEA Board of Governors. The European Commission has already provided EUR 20 000 000 for the acquisition of the LEU.

| (8) | On 3 December 2010, the IAEA Board of Governors adopted resolution GOV/2010/70 approving the establishment of an IAEA Low-Enriched Uranium (LEU) Bank and affirmed that the IAEA LEU Bank's operations would be funded exclusively through extra-budgetary contributions. |
| --- | --- |

(8)

On 3 December 2010, the IAEA Board of Governors adopted resolution GOV/2010/70 approving the establishment of an IAEA Low-Enriched Uranium (LEU) Bank and affirmed that the IAEA LEU Bank's operations would be funded exclusively through extra-budgetary contributions.

| (9) | Paragraph 15 of GOV/2010/67, entitled ‘Assurance of Supply’: Establishment of an IAEA Low Enriched Uranium (LEU) Bank for the Supply of LEU to Member States provides ‘the Agency shall be the owner of the LEU in the IAEA LEU bank and the LEU shall be under its control and in its formal legal possession. The Agency shall be responsible for storing and protecting materials in its possession by ensuring, through any Host State Agreement, that the LEU is safeguarded against natural and other hazards, unauthorized removal or diversion, damage or destruction, including sabotage, and forcible seizure. In addition, the Agency through any Host State Agreement shall ensure the application of IAEA safeguards to the LEU in the IAEA LEU bank, as well as the application of the safety standards and measures, and the physical protection measures by the Host State or States’. Paragraph 16 of GOV/2010/67 further provides that ‘[t]he Agency, with Board approval, shall conclude with any Host State a Host State Agreement, similar to the present IAEA Headquarters Agreement, that shall provide for the safety and security and appropriate liability coverage of the storage facility and shall afford those privileges and immunities to the Agency that are necessary for the independent operation of the IAEA LEU bank, including the right to transport LEU to and from the IAEA LEU bank as determined by the Agency in accordance with the Statute and the Host State(s) agreement. In addition, if necessary, guaranteed transit arrangements shall be concluded with States neighbouring the Host State’. |
| --- | --- |

(9)

Paragraph 15 of GOV/2010/67, entitled ‘Assurance of Supply’: Establishment of an IAEA Low Enriched Uranium (LEU) Bank for the Supply of LEU to Member States provides ‘the Agency shall be the owner of the LEU in the IAEA LEU bank and the LEU shall be under its control and in its formal legal possession. The Agency shall be responsible for storing and protecting materials in its possession by ensuring, through any Host State Agreement, that the LEU is safeguarded against natural and other hazards, unauthorized removal or diversion, damage or destruction, including sabotage, and forcible seizure. In addition, the Agency through any Host State Agreement shall ensure the application of IAEA safeguards to the LEU in the IAEA LEU bank, as well as the application of the safety standards and measures, and the physical protection measures by the Host State or States’. Paragraph 16 of GOV/2010/67 further provides that ‘[t]he Agency, with Board approval, shall conclude with any Host State a Host State Agreement, similar to the present IAEA Headquarters Agreement, that shall provide for the safety and security and appropriate liability coverage of the storage facility and shall afford those privileges and immunities to the Agency that are necessary for the independent operation of the IAEA LEU bank, including the right to transport LEU to and from the IAEA LEU bank as determined by the Agency in accordance with the Statute and the Host State(s) agreement. In addition, if necessary, guaranteed transit arrangements shall be concluded with States neighbouring the Host State’.

| (10) | The IAEA LEU Bank will be a stock of up to 60 Type 30B cylinders containing standard commercial low-enriched uranium hexafluoride. The IAEA LEU Bank will be located in the IAEA LEU storage facility, operated by Ulba Metallurgical Plant, and regulated by the Committee for Atomic and Energy Supervision and Control of the Republic of Kazakhstan. |
| --- | --- |

(10)

The IAEA LEU Bank will be a stock of up to 60 Type 30B cylinders containing standard commercial low-enriched uranium hexafluoride. The IAEA LEU Bank will be located in the IAEA LEU storage facility, operated by Ulba Metallurgical Plant, and regulated by the Committee for Atomic and Energy Supervision and Control of the Republic of Kazakhstan.

| (11) | The basic legal framework between the IAEA and the host State Kazakhstan has been concluded. The Transit Agreement with the Russian Federation, approved by the IAEA Board of Governors (GOV/2015/36) has been signed. The design of a new IAEA LEU storage facility has been completed and the IAEA has concluded that it meets the applicable provisions of the IAEA safety standards and security guidance. A detailed cost estimate of the new IAEA LEU storage facility has been undertaken and has been independently validated. A Partnership Agreement between the IAEA and the facility operator that establishes the terms and conditions of cooperation for the construction of the IAEA LEU storage facility has been finalised. The IAEA is now planning activities in preparation for the acquisition of LEU. |
| --- | --- |

(11)

The basic legal framework between the IAEA and the host State Kazakhstan has been concluded. The Transit Agreement with the Russian Federation, approved by the IAEA Board of Governors (GOV/2015/36) has been signed. The design of a new IAEA LEU storage facility has been completed and the IAEA has concluded that it meets the applicable provisions of the IAEA safety standards and security guidance. A detailed cost estimate of the new IAEA LEU storage facility has been undertaken and has been independently validated. A Partnership Agreement between the IAEA and the facility operator that establishes the terms and conditions of cooperation for the construction of the IAEA LEU storage facility has been finalised. The IAEA is now planning activities in preparation for the acquisition of LEU.

| (12) | According to the Project and Financial Plan as described in the updated report by the IAEA Director-General (GOV/INF/2016/8) ‘Assurance of Supply: Establishment of an IAEA Low Enriched Uranium (LEU) Bank for the Supply of LEU to Member States’, the total cost of the LEU project is expected to be EUR 118 863 000, |
| --- | --- |

(12)

According to the Project and Financial Plan as described in the updated report by the IAEA Director-General (GOV/INF/2016/8) ‘Assurance of Supply: Establishment of an IAEA Low Enriched Uranium (LEU) Bank for the Supply of LEU to Member States’, the total cost of the LEU project is expected to be EUR 118 863 000,

HAS ADOPTED THIS DECISION:

Article 1

1.   For the purposes of giving immediate and practical implementation to some elements of the EU Strategy against the Proliferation of Weapons of Mass Destruction, the Union shall contribute to the establishment and the secure management of a Low-Enriched Uranium (LEU) Bank placed under the control of the International Atomic Energy Agency (‘IAEA’, or ‘the Agency’) in order to reduce the growing proliferation risks caused by the spread of sensitive nuclear fuel cycle technologies. The Union shall undertake activities to support the IAEA LEU Bank, in the form of a LEU reserve with the following objectives:

| (a) | to enable countries to enjoy their rights under Article IV of the NPT while avoiding proliferation risks; and |
| --- | --- |

(a)

to enable countries to enjoy their rights under Article IV of the NPT while avoiding proliferation risks; and

| (b) | to serve as a mechanism of last resort to support the commercial market without distorting it, in the event that an IAEA member state's supply of LEU is disrupted and cannot be restored by commercial means and that such IAEA Member State fulfils the eligibility criteria. |
| --- | --- |

(b)

to serve as a mechanism of last resort to support the commercial market without distorting it, in the event that an IAEA member state's supply of LEU is disrupted and cannot be restored by commercial means and that such IAEA Member State fulfils the eligibility criteria.

2.   In order to achieve the objectives referred in paragraph 1, the Union shall contribute to the establishment and the secure management of the LEU Bank, under the control of the IAEA, by financing security-related activities, including physical protection, transport, safe guarding, and contributions to the secure management of the LEU Bank. The project shall be carried out for the benefit of all countries which have decided to resort to nuclear energy for peaceful uses.

A detailed description of the project is set out in the Annex.

Article 2

1.   The High Representative of the Union for Foreign Affairs and Security Policy (HR) shall be responsible for the implementation of this Decision.

2.   The technical implementation of the project referred to in Article 1(2) shall be carried out by the IAEA. It shall perform this task under the control of the HR. For this purpose, the HR shall enter into the necessary arrangements with the IAEA.

Article 3

1.   The financial reference amount for the implementation of the activities referred to in Article 1(2) shall be EUR 4 362 200.

2.   The expenditure financed by the amount stipulated in paragraph 1 shall be managed in accordance with the procedures and rules applicable to the Union budget.

3.   The Commission shall supervise the proper management of the expenditure referred to in paragraph 1. For this purpose, it shall conclude a financing agreement with the IAEA. The agreement shall stipulate that the IAEA is to ensure visibility of the Union contribution, appropriate to its size.

4.   The Commission shall endeavour to conclude the financing agreement referred to in paragraph 3 as soon as possible after the entry into force of this Decision. It shall inform the Council of any difficulties in that process and of the date of conclusion of the financing agreement.

Article 4

1.   The HR shall report to the Council on the implementation of this Decision on the basis of regular reports prepared by the IAEA. Those IAEA reports shall form the basis for the evaluation carried out by the Council.

2.   The Commission shall provide information on the financial aspects of the implementation of the project referred to in Article 1(2).

Article 5

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

It shall expire 60 months after the date of the conclusion of the financing agreement referred to in Article 3(3). However, it shall expire 6 months after its entry into force if no financing agreement has been concluded by that time.

Article 6

This Decision shall be published in the Official Journal of the European Union.

Done at Brussels, 15 November 2016.

For the Council

The President

I. KORČOK

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ANNEX

Union contribution to the establishment and the secure management of a Low Enriched Uranium (LEU) Bank under the control of the International Atomic Energy Agency (IAEA) in the framework of the EU Strategy against the Proliferation of Weapons of Mass Destruction

I.   INTRODUCTION

Background

In December 2010, the IAEA Director-General received a mandate from the Board of Governors to launch the setting-up of a Low Enriched Uranium (LEU) Bank and has presented a detailed plan for its establishment and secure management.

On 20 December 2011, the IAEA confirmed to the Permanent Mission of Kazakhstan to the IAEA that, based on the information provided to the Agency by Kazakhstan in its ‘Expression of Interest’ and with reference to the requirements set out in document GOV/INF/2011/7, the Ulba Metallurgical Plant (UMP) was suitable as a host site for the IAEA LEU Bank.

Several missions were conducted by the IAEA to Kazakhstan between 2011 and 2016, aimed at assessing the UMP facility and the national regulatory framework, to ensure that the LEU Bank would be able to fulfil the applicable provisions of the IAEA safety standards and security guidance. The assessments were performed in the areas of facility safety, seismic safety, emergency preparedness and response, transport safety and security, and physical protection.

A Host State Agreement (HSA) was signed between the IAEA and Kazakhstan on 27 August 2015. That agreement establishes Kazakhstan as the host state for the IAEA LEU Bank, and provides the legal framework for Kazakhstan to ensure that the IAEA LEU Bank will be managed and regulated in accordance with the laws and regulations of Kazakhstan and in compliance with the applicable provisions of the IAEA safety standards and security guidance.

A facility operator agreement was signed between the IAEA and UMP on 27 August 2015. That agreement establishes UMP as the facility where the IAEA LEU Bank will be located, and provides the legal framework for UMP to operate and manage the IAEA LEU Bank, in accordance with its license, the national regulatory framework, and the applicable provisions of the IAEA safety standards and security guidance.

In addition, the IAEA and Kazakhstan Ministry of Energy signed a Technical Agreement on the specific arrangements to be implemented for the establishment of the IAEA LEU Bank in Kazakhstan (‘Technical Agreement’). The Technical Agreement ensures that each party provides the necessary resources for the implementation of its respective activities for the timely establishment of the IAEA LEU Bank, including activities to comply with the applicable provisions of the IAEA safety standards and security guidance. Under the Technical Agreement, the parties established a joint coordination committee (JCC) to facilitate implementation of the Technical Agreement and approved a plan of specific activities (PSA), to ensure the establishment and operation of the IAEA LEU Bank in compliance with the applicable provisions of the IAEA safety standards and security guidance. The Technical Agreement requires that activities be completed in two years following the signing of the legal agreements, or by September 2017.

In November 2015, UMP began designing a new IAEA LEU storage facility to house the IAEA LEU Bank. An IAEA mission visited UMP from 29 February to 4 March 2016 to review design progress. The IAEA mission examined whether or not the applicable provisions of the IAEA safety standards and security guidance had been properly taken into account in the design process. The IAEA mission's review focused on five technical areas: building structure, safety analysis, radiation protection, emergency preparedness and response, and nuclear security. The review of the proposed design and relevant supporting documentation led to the general conclusion that the design provides adequate measures to ensure nuclear safety and security guidance.

Following the completion of the design and its review by the IAEA, in May 2016 a partnership agreement between the IAEA and UMP was signed. That agreement provides for the technical and financial terms of the establishment of the IAEA LEU Storage Facility. It marks a significant milestone in the establishment of the IAEA LEU Bank.

In May 2016, the Board of Governors report GOV/INF/2016/8 highlighted the significant progress achieved. It also provides the first baseline comprehensive Project and Financial Plan.

Board of Governors Document GOV/2010/67, both authorised the IAEA Director-General to establish the IAEA LEU Bank, and required that the costs (including the human resources costs) related to the establishment and operation of the IAEA LEU Bank must be exclusively covered by extra-budgetary voluntary contributions, with no impact to the regular budget of the IAEA. To that end, the IAEA LEU Bank project reimburses various divisions of the IAEA for the technical input and support provided to the project experts and specialists through the use of Service Level Agreements (SLAs). Those agreements, which define the services to be provided by the divisions to the project to execute the project plan (including the PSA), as well as the costs for the level of support provided from each Division, were finalised and agreed in March 2016.

From 1 April 2016, a number of Member States, the Commission, the Nuclear Threat Initiative (NTI) and the World Nuclear Transport Institute (WNTI) have pledged funds totalling approximately USD 124 900 000 and EUR 25 000 000, and the contributions received by the Agency as of this date are USD 124 900 000 and EUR 20 000 000. Financial contributions have been provided by the Nuclear Threat Initiative (USD 50 000 000), US (USD 50 000 000), UAE (USD 10 000 000), Norway (USD 5 000 000), Kuwait (USD 10 000 000), WNTI (EUR 10 000) Kazakhstan (USD 400 000). EUR 20 000 000 donated by the Commission is dedicated to purchase of LEU for the IAEA LEU Bank and up to EUR 5 000 000 have been pledged for security related upgrades. The funds for security related upgrades (up to EUR 5 000 000) are the subject to this Annex.

The next key stages for the IAEA LEU Bank are:

| (a) | Finalisation of the establishment of the IAEA LEU storage facility, including completing construction; confirmation that the building and equipment correspond to the design intent and the applicable safety and security provisions; |
| --- | --- |

(a)

Finalisation of the establishment of the IAEA LEU storage facility, including completing construction; confirmation that the building and equipment correspond to the design intent and the applicable safety and security provisions;

| (b) | Agreement on a cylinder management programme with UMP to ensure long-term safety and security of the cylinders and their readiness for transport; |
| --- | --- |

(b)

Agreement on a cylinder management programme with UMP to ensure long-term safety and security of the cylinders and their readiness for transport;

| (c) | Commissioning of the facility; |
| --- | --- |

(c)

Commissioning of the facility;

| (d) | Acquisition of the IAEA LEU and transporting it to the storage facility; |
| --- | --- |

(d)

Acquisition of the IAEA LEU and transporting it to the storage facility;

| (e) | Start of operations. |
| --- | --- |

(e)

Start of operations.

Objectives of the project

Contributing to the establishment and the secure management of the IAEA LEU Bank, in particular by ensuring high levels of security and safety during transport and storage, in line with the IAEA safety standards and security guidance.

Benefits

The following benefits will be achieved:

| (a) | enhancing the assurance of supply of nuclear fuel in a secure and safe manner; and |
| --- | --- |

(a)

enhancing the assurance of supply of nuclear fuel in a secure and safe manner; and

| (b) | assisting the IAEA with ensuring the security and safety of transport of LEU from procurement to supply, as well as during storage at the site of the LEU Bank. |
| --- | --- |

(b)

assisting the IAEA with ensuring the security and safety of transport of LEU from procurement to supply, as well as during storage at the site of the LEU Bank.

II.   DESCRIPTION OF THE ACTIVITIES

The LEU Bank

The IAEA LEU Bank will consist of a physical stock of roughly 90 tonnes of LEU, the quantity needed for one initial load for a modern light water reactor (equivalent to approximately 3 core reloads) for electricity generation, along with related equipment and services. The stock will be owned by the IAEA. The IAEA LEU Bank will operate in accordance with certain non-discriminatory criteria for the release of the LEU to a recipient country. Those criteria are fully compatible with the IAEA Statute and have been approved by the Board of Governors. The nuclear facility using the LEU must be covered by a safeguards agreement with the IAEA, and be in full compliance with that agreement.

Union support

The Union will support the IAEA LEU Bank in a complementary manner through different instruments. A financial contribution of EUR 20 000 000 for LEU acquisition was already provided in 2011 from the Instrument for Stability.

This Decision will contribute to the safe and secure operation and management of the IAEA LEU Bank. Relevant activities foreseen by the IAEA, to which this Decision will contribute financially, may include:

1.   Supporting the Safe and Secure Establishment of storage for the 90 tonnes of LEU

This item covers the cost of implementation of the project plan activities, including the plan of specific activities (PSA) for the year 2017 and follow-up activities in 2018. The PSA, agreed between the IAEA, UMP, and the Committee for Atomic and Energy Supervision and Control of Kazakhstan, is a list of activities considered necessary for the upgrading of facilities, equipment, procedures, and practices to ensure that the IAEA LEU Bank will be established, stored, operated and protected in accordance with the relevant provisions of the IAEA safety standards and security guidance. These activities were developed on the basis of several assessments, conducted from 2012 to 2016. In particular, an Agency mission in January 2016 also identified some further extrinsic equipment that will be required to enable the storage facility to be operated in accordance with IAEA Standards for emergency preparedness and response.

Activities include the development of procedures for safe and secure operations, procurement of emergency preparedness and response and radiation protection equipment, and provision of associated training; conducting workshops on security topics relevant for the IAEA LEU Bank (e.g. nuclear security culture); observation of emergency exercises at the facility; and follow-up assessment activities to validate the compliance of upgrades with the relevant IAEA safety standards and security guidance prior to commissioning.

The LEU will only be placed in the IAEA LEU storage facility when the IAEA is satisfied that the IAEA LEU Bank has been established and complies with the applicable provisions of the IAEA safety standards and security guidance. Therefore, the IAEA will undertake a confirmation mission, planned for the summer of 2017, to confirm that the completed building and its key equipment correspond to the design intent and that the full infrastructure needed to meet the applicable safety and security provisions is in place.

Over a period of two years the budget will include the cost of planning, executing, supporting, and reporting on the project plan and PSA activities, inclusive of costs to cover IAEA human resources to ensure that, in accordance with the mandate of the IAEA LEU Bank project, no regular budget funds are used.

2.   Ensuring the secure transport of 90 tonnes of LEU

It is expected that the LEU 90 tonnes will be transported from the facility of the vendor, or vendors, to the Ulba Metallurgical Plant, in Oskemen, Kazakhstan, where the IAEA LEU Bank will be located. Shipments of LEU moving through various jurisdictions, must satisfy all documentation, insurance, transit approval, and marking requirements, including States' requirements related to physical protection which are contained in relevant conventions and recommendations developed under the auspices of the IAEA, and the security requirements of the International Maritime Organisation (IMO). Expenditure associated with the transport of the LEU will depend on the geographic location of the LEU vendor and the maritime and overland transport distances between the vendor and Ulba Metallurgical Plant (UMP) in Kazakhstan, and the number of ports of call and border transits required for completing delivery. The item includes the development of technical specifications with IAEA officials and external experts specialist input; the planning and supervision of the transport; insurance; chartering of a maritime transport vessel for enhanced security; consultation on transport route security risk assessment and planning; as well as guarding during maritime transport, ports of call and transit locations.

3.   Ensuring the long term storage of the 90 tonnes of LEU

The LEU will be located at a dedicated storage facility within the UMP territory, located in Oskemen, Kazakhstan. The IAEA LEU will be stored in 30B cylinders. The facility operator, on behalf of the IAEA, will be responsible for storing and protecting the LEU, in compliance with the IAEA safety standards and security guidance. This includes the purchase of the 30B cylinders, which will provide physically safe and secure storage of the LEU. Safety studies indicate that these containment vessels provide robust, safe storage for up to 50 years. In addition to providing safety, the thickness of the walls of the cylinders and the overall design of the cylinders contributes to physical protection from sabotage and theft.

A key activity in ensuring the long term storage of the LEU is the implementation of a cylinder management programme, including routine inspection and recertification of 30B cylinders in storage, for compliance with the ISO 7195 standard, as well as for assurance of readiness for transport to Member States. This requires procurement of services for re-certification of cylinders by authorised inspectors as well as services from UMP staff to support the performance of the testing.

In addition, during long-term storage of the IAEA LEU, the IAEA will undertake routine and ad-hoc monitoring activities, including receipt, review, and verification of annual reports from UMP. This will include annual meetings with UMP to review the safety and security activities related to the IAEA LEU Bank, as well as other types of missions to UMP to ensure that the relevant provisions of the IAEA safety standards and security guidance continue to be applied to the IAEA LEU Bank.

This item will cover a period of 5 years.

III.   DURATION

The estimated duration of the implementation period of the project is 60 months, starting with the signing of the financing agreement referred to in Article 3.

IV.   BENEFICIARIES

The beneficiaries of the project in this Decision are all eligible recipient states of services of the IAEA LEU Bank, fulfilling the conditions for access to the LEU Bank as established by the IAEA Board of Governors.

V.   IMPLEMENTING ENTITY

The IAEA will be entrusted with the technical implementation of the project, as described above, under the control of the HR. The project will be implemented directly by staff of the IAEA, experts from other national nuclear authorities and contractors. In the case of contractors, the procurement of any goods, works or services by the IAEA in the context of this Decision will be carried out as detailed in the financing agreement to be concluded by the Commission with the IAEA.

VI.   REPORTING

The implementing entity will prepare:

| (a) | regular reports on the implementation of the project; |
| --- | --- |

(a)

regular reports on the implementation of the project;

| (b) | a final report not later than two months after the end of the implementation of the project. |
| --- | --- |

(b)

a final report not later than two months after the end of the implementation of the project.

Reports will be sent to the HR.

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| 16.11.2016 | EN | Official Journal of the European Union | L 308/29 |
| --- | --- | --- | --- |

16.11.2016

EN

Official Journal of the European Union

L 308/29

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COMMISSION IMPLEMENTING DECISION (EU) 2016/2002

of 8 November 2016

amending Annex E to Council Directive 91/68/EEC, Annex III to Commission Decision 2010/470/EU and Annex II to Commission Decision 2010/472/EU concerning trade in and imports into the Union of ovine and caprine animals and semen of animals of the ovine and caprine species in relation to the rules for the prevention, control and eradication of certain transmissible spongiform encephalopathies

(notified under document C(2016) 7026)

(Text with EEA relevance)

THE EUROPEAN COMMISSION,

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

Having regard to Council Directive 91/68/EEC of 28 January 1991 on animal health conditions governing intra-Community trade in ovine and caprine animals (1), and in particular Article 14(2) thereof,

Having regard to Council Directive 92/65/EEC of 13 July 1992 laying down animal health requirements governing trade in and imports into the Community of animals, semen, ova and embryos not subject to animal health requirements laid down in specific Community rules referred to in Annex A(I) to Directive 90/425/EEC (2), and in particular the fourth indent of Article 11(2), Article 17(2)(b), the first indent of Article 18(1) and the introductory phrase and point (b) of Article 19 thereof,

Whereas:

| (1) | Directive 91/68/EEC lays down the animal health conditions governing intra-Union trade in ovine and caprine animals. It provides, inter alia, that ovine and caprine animals must be accompanied during transportation to their destination by a health certificate conforming to Model I, II or III set out in Annex E thereto. |
| --- | --- |

(1)

Directive 91/68/EEC lays down the animal health conditions governing intra-Union trade in ovine and caprine animals. It provides, inter alia, that ovine and caprine animals must be accompanied during transportation to their destination by a health certificate conforming to Model I, II or III set out in Annex E thereto.

| (2) | Regulation (EC) No 999/2001 of the European Parliament and of the Council (3) lays down rules for the prevention, control and eradication of transmissible spongiform encephalopathies (TSEs) in bovine, ovine and caprine animals. Annex VII to that Regulation sets out the measures for the control and eradication of TSEs. In addition, Chapter A of Annex VIII to that Regulation lays down, inter alia, the conditions for intra-Union trade in live animals. |
| --- | --- |

(2)

Regulation (EC) No 999/2001 of the European Parliament and of the Council (3) lays down rules for the prevention, control and eradication of transmissible spongiform encephalopathies (TSEs) in bovine, ovine and caprine animals. Annex VII to that Regulation sets out the measures for the control and eradication of TSEs. In addition, Chapter A of Annex VIII to that Regulation lays down, inter alia, the conditions for intra-Union trade in live animals.

| (3) | Regulation (EC) No 999/2001 was recently amended by Commission Regulation (EU) 2016/1396 (4). Those amendments provide, inter alia, for an exemption from the conditions set out in point 4.1 of Section A of Chapter A of Annex VIII to Regulation (EC) No 999/2001, which are aimed at preventing the spread of classical scrapie in farmed animals kept on holdings, for ovine and caprine animals moved exclusively between approved bodies, institutes or centres as defined in Article 2(1)(c) of Directive 92/65/EEC. |
| --- | --- |

(3)

Regulation (EC) No 999/2001 was recently amended by Commission Regulation (EU) 2016/1396 (4). Those amendments provide, inter alia, for an exemption from the conditions set out in point 4.1 of Section A of Chapter A of Annex VIII to Regulation (EC) No 999/2001, which are aimed at preventing the spread of classical scrapie in farmed animals kept on holdings, for ovine and caprine animals moved exclusively between approved bodies, institutes or centres as defined in Article 2(1)(c) of Directive 92/65/EEC.

| (4) | Regulation (EU) 2016/1396 also introduces specific conditions for intra-Union trade in ovine and caprine animals of rare breeds which do not comply with the requirements of point 4.1 of Section A of Chapter A of Annex VIII to Regulation (EC) No 999/2001. Those specific conditions were introduced to maintain a possibility for regular exchange of such animals between Member States in order to avoid inbreeding and to preserve the genetic diversity in rare breed populations. |
| --- | --- |

(4)

Regulation (EU) 2016/1396 also introduces specific conditions for intra-Union trade in ovine and caprine animals of rare breeds which do not comply with the requirements of point 4.1 of Section A of Chapter A of Annex VIII to Regulation (EC) No 999/2001. Those specific conditions were introduced to maintain a possibility for regular exchange of such animals between Member States in order to avoid inbreeding and to preserve the genetic diversity in rare breed populations.

| (5) | The health certificates conforming to Models II and III set out in Annex E to Directive 91/68/EEC should therefore be amended in order to reflect the requirements relating to intra-Union trade in ovine and caprine animals of rare breeds or of those moved between approved bodies, institutes or centres laid down in Regulation (EC) No 999/2001, as amended by Regulation (EU) 2016/1396. |
| --- | --- |

(5)

The health certificates conforming to Models II and III set out in Annex E to Directive 91/68/EEC should therefore be amended in order to reflect the requirements relating to intra-Union trade in ovine and caprine animals of rare breeds or of those moved between approved bodies, institutes or centres laid down in Regulation (EC) No 999/2001, as amended by Regulation (EU) 2016/1396.

| (6) | In addition, some Member States notified the Commission of problems related to additional administrative work caused by the obligation to provide in point I.31 of health certificates conforming to Models I, II and III set out in Annex E to Directive 91/68/EEC details such as breed and quantity of animals forming the consignment. To reduce administrative burden for the official veterinarians, it is appropriate to remove from point I.31 of those model health certificates information on the breed, as such information is not necessary in relation to the health status of the animals in the consignment, and on the quantity of those animals, as such information is already stated in point I.20 and an official identification number of each individual animal must be provided in point I.31. |
| --- | --- |

(6)

In addition, some Member States notified the Commission of problems related to additional administrative work caused by the obligation to provide in point I.31 of health certificates conforming to Models I, II and III set out in Annex E to Directive 91/68/EEC details such as breed and quantity of animals forming the consignment. To reduce administrative burden for the official veterinarians, it is appropriate to remove from point I.31 of those model health certificates information on the breed, as such information is not necessary in relation to the health status of the animals in the consignment, and on the quantity of those animals, as such information is already stated in point I.20 and an official identification number of each individual animal must be provided in point I.31.

| (7) | Furthermore, in order to state more precisely the conditions for individual identification of the animals in points II.5 and II.6 of the health certificates conforming to Models II and III in Annex E to Directive 91/68/EEC, it is necessary to introduce in those points a reference to Council Regulation (EC) No 21/2004 (5). |
| --- | --- |

(7)

Furthermore, in order to state more precisely the conditions for individual identification of the animals in points II.5 and II.6 of the health certificates conforming to Models II and III in Annex E to Directive 91/68/EEC, it is necessary to introduce in those points a reference to Council Regulation (EC) No 21/2004 (5).

| (8) | Directive 91/68/EEC should therefore be amended accordingly. |
| --- | --- |

(8)

Directive 91/68/EEC should therefore be amended accordingly.

| (9) | Directive 92/65/EEC lays down conditions applicable to trade in and imports into the Union, inter alia, of semen of animals of the ovine and caprine species. |
| --- | --- |

(9)

Directive 92/65/EEC lays down conditions applicable to trade in and imports into the Union, inter alia, of semen of animals of the ovine and caprine species.

| (10) | Annex III to Commission Decision 2010/470/EU (6) lays down model health certificates for trade within the Union in consignments of semen of animals of the ovine and caprine species. Part A of that Annex sets out the model health certificate for semen collected after 31 August 2010 and dispatched from an approved semen collection centre of origin of the semen. |
| --- | --- |

(10)

Annex III to Commission Decision 2010/470/EU (6) lays down model health certificates for trade within the Union in consignments of semen of animals of the ovine and caprine species. Part A of that Annex sets out the model health certificate for semen collected after 31 August 2010 and dispatched from an approved semen collection centre of origin of the semen.

| (11) | Annex II to Commission Decision 2010/472/EU (7) lays down, inter alia, model health certificates for the imports into the Union of consignments of semen of animals of the ovine and caprine species. Section A of Part 2 of that Annex sets out the model health certificate for semen dispatched from an approved semen collection centre of origin of the semen. |
| --- | --- |

(11)

Annex II to Commission Decision 2010/472/EU (7) lays down, inter alia, model health certificates for the imports into the Union of consignments of semen of animals of the ovine and caprine species. Section A of Part 2 of that Annex sets out the model health certificate for semen dispatched from an approved semen collection centre of origin of the semen.

| (12) | Point 4.2 of Section A of Chapter A of Annex VIII to Regulation (EC) No 999/2001 sets out the scrapie-related conditions to be fulfilled for intra-Union trade in semen of ovine and caprine animals. Chapter H of Annex IX to Regulation (EC) No 999/2001 sets out the scrapie-related conditions to be fulfilled for imports of semen of ovine and caprine animals. |
| --- | --- |

(12)

Point 4.2 of Section A of Chapter A of Annex VIII to Regulation (EC) No 999/2001 sets out the scrapie-related conditions to be fulfilled for intra-Union trade in semen of ovine and caprine animals. Chapter H of Annex IX to Regulation (EC) No 999/2001 sets out the scrapie-related conditions to be fulfilled for imports of semen of ovine and caprine animals.

| (13) | Regulation (EU) 2016/1396 introduces specific conditions for semen collection centres amongst the conditions for a holding to be recognised as having a negligible risk or a controlled risk of classical scrapie in points 1.2 and 1.3 of Section A of Chapter A of Annex VIII to Regulation (EC) No 999/2001, given that the risk of spreading scrapie via male ovine and caprine animals kept at semen collection centres approved and supervised in accordance with the conditions set out in Annex D to Directive 92/65/EEC is limited. A reference to those specific conditions is also introduced in the conditions for trade in and import of semen of ovine and caprine animals set out in Annexes VIII and IX to Regulation (EC) No 999/2001 respectively. |
| --- | --- |

(13)

Regulation (EU) 2016/1396 introduces specific conditions for semen collection centres amongst the conditions for a holding to be recognised as having a negligible risk or a controlled risk of classical scrapie in points 1.2 and 1.3 of Section A of Chapter A of Annex VIII to Regulation (EC) No 999/2001, given that the risk of spreading scrapie via male ovine and caprine animals kept at semen collection centres approved and supervised in accordance with the conditions set out in Annex D to Directive 92/65/EEC is limited. A reference to those specific conditions is also introduced in the conditions for trade in and import of semen of ovine and caprine animals set out in Annexes VIII and IX to Regulation (EC) No 999/2001 respectively.

| (14) | The model health certificate for intra-Union trade in consignments of semen of animals of the ovine and caprine species set out in Part A of Annex III to Decision 2010/470/EU and the model health certificate for imports into the Union of consignments of semen of animals of the ovine and caprine species set out in Section A of Part 2 of Annex II to Decision 2010/472/EU should therefore be amended in order to reflect the requirements relating to semen collection centres laid down in Regulation (EC) No 999/2001, as amended by Regulation (EU) 2016/1396. |
| --- | --- |

(14)

The model health certificate for intra-Union trade in consignments of semen of animals of the ovine and caprine species set out in Part A of Annex III to Decision 2010/470/EU and the model health certificate for imports into the Union of consignments of semen of animals of the ovine and caprine species set out in Section A of Part 2 of Annex II to Decision 2010/472/EU should therefore be amended in order to reflect the requirements relating to semen collection centres laid down in Regulation (EC) No 999/2001, as amended by Regulation (EU) 2016/1396.

| (15) | In addition, Chapter H of Annex IX to Regulation (EC) No 999/2001, as amended by Regulation (EU) 2016/1396, provides that meat-and-bone meal should be understood as defined in the Terrestrial Animal Health Code of the World Organisation for Animal Health (OIE) (8), rather than in point 27 of Annex I to Commission Regulation (EC) No 142/2011 (9). |
| --- | --- |

(15)

In addition, Chapter H of Annex IX to Regulation (EC) No 999/2001, as amended by Regulation (EU) 2016/1396, provides that meat-and-bone meal should be understood as defined in the Terrestrial Animal Health Code of the World Organisation for Animal Health (OIE) (8), rather than in point 27 of Annex I to Commission Regulation (EC) No 142/2011 (9).

| (16) | Therefore, point II.4.10.4 of the model health certificate for imports into the Union of consignments of semen of animals of the ovine and caprine species set out in Section A of Part 2 of Annex II to Decision 2010/472/EU should be amended according to the amended provisions of Chapter H of Annex IX to Regulation (EC) No 999/2001. |
| --- | --- |

(16)

Therefore, point II.4.10.4 of the model health certificate for imports into the Union of consignments of semen of animals of the ovine and caprine species set out in Section A of Part 2 of Annex II to Decision 2010/472/EU should be amended according to the amended provisions of Chapter H of Annex IX to Regulation (EC) No 999/2001.

| (17) | Decisions 2010/470/EU and 2010/472/EU should therefore be amended accordingly. |
| --- | --- |

(17)

Decisions 2010/470/EU and 2010/472/EU should therefore be amended accordingly.

| (18) | Regulation (EU) 2016/1396 provides that the amendments made to Annex IX to Regulation (EC) No 999/2001 and related to imports of certain commodities are to apply from 1 July 2017. In addition, to avoid any disruption of imports into the Union of consignments of semen of ovine and caprine animals, the use of certificates issued in accordance with Decision 2010/472/EU as applicable prior to the amendments being introduced by this Decision should be authorised during a transitional period subject to certain conditions. |
| --- | --- |

(18)

Regulation (EU) 2016/1396 provides that the amendments made to Annex IX to Regulation (EC) No 999/2001 and related to imports of certain commodities are to apply from 1 July 2017. In addition, to avoid any disruption of imports into the Union of consignments of semen of ovine and caprine animals, the use of certificates issued in accordance with Decision 2010/472/EU as applicable prior to the amendments being introduced by this Decision should be authorised during a transitional period subject to certain conditions.

| (19) | The measures provided for in this Decision are in accordance with the opinion of the Standing Committee on Plants, Animals, Food and Feed, |
| --- | --- |

(19)

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

Annex E to Directive 91/68/EEC is amended in accordance with Annex I to this Decision.

Article 2

Annex III to Decision 2010/470/EU is amended in accordance with Annex II to this Decision.

Article 3

Annex II to Decision 2010/472/EU is amended in accordance with Annex III to this Decision.

Article 4

Article 3 of this Decision shall apply from 1 July 2017.

For a transitional period until 31 December 2017, consignments of semen of ovine and caprine animals, accompanied by a health certificate issued in accordance with the model set out in Section A of Part 2 of Annex II to Decision 2010/472/EU, as applicable before the amendments made by this Decision, shall be authorised for importation into the Union provided that the certificate was issued no later than 30 November 2017.

Article 5

This Decision is addressed to the Member States.

Done at Brussels, 8 November 2016.

For the Commission

Vytenis ANDRIUKAITIS

Member of the Commission

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(1)  
  OJ L 46, 19.2.1991, p. 19.

1

(2)  
  OJ L 268, 14.9.1992, p. 54.

2

(3)  Regulation (EC) No 999/2001 of the European Parliament and of the Council of 22 May 2001 laying down rules for the prevention, control and eradication of certain transmissible spongiform encephalopathies (OJ L 147, 31.5.2001, p. 1).

3

(4)  Commission Regulation (EU) 2016/1396 of 18 August 2016 amending certain Annexes to Regulation (EC) No 999/2001 of the European Parliament and of the Council laying down rules for the prevention, control and eradication of certain transmissible spongiform encephalopathies (OJ L 225, 19.8.2016, p. 76).

4

(5)  Council Regulation (EC) No 21/2004 of 17 December 2003 establishing a system for the identification and registration of ovine and caprine animals and amending Regulation (EC) No 1782/2003 and Directives 92/102/EEC and 64/432/EEC (OJ L 5, 9.1.2004, p. 8).

5

(6)  Commission Decision 2010/470/EU of 26 August 2010 laying down model health certificates for trade within the Union in semen, ova and embryos of animals of the equine, ovine and caprine species and in ova and embryos of animals of the porcine species (OJ L 228, 31.8.2010, p. 15).

6

(7)  Commission Decision 2010/472/EU of 26 August 2010 on imports of semen, ova and embryos of animals of the ovine and caprine species into the Union (OJ L 228, 31.8.2010, p. 74).

7

(8)  http://www.oie.int/index.php?id=169&L=0&htmfile=glossaire.htm

8

(9)  Commission Regulation (EU) No 142/2011 of 25 February 2011 implementing Regulation (EC) No 1069/2009 of the European Parliament and of the Council laying down health rules as regards animal by-products and derived products not intended for human consumption and implementing Council Directive 97/78/EC as regards certain samples and items exempt from veterinary checks at the border under that Directive (OJ L 54, 26.2.2011, p. 1).

9

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ANNEX I

Annex E to Directive 91/68/EEC is replaced by the following:

‘ANNEX E

MODEL I

Image 2

EUROPEAN UNION

Intra trade certificate

Part I: Details of consignment presented

I.1. Consignor

Name

Address

Postal code

I.2. Certificate reference No

I.2.a. Local reference No

I.3. Central competent authority

I.4. Local competent authority

I.5. Consignee

Name

Address

Postal code

I.6. No(s) of related original certificates

No(s) of accompanying documents

I.7. Dealer

Name Approval number

I.8. Country of origin

ISO code

I.9. Region of origin

Code

I.10. Country of destination

ISO code

I.11. Region of destination

Code

I.12. Place of origin

Holding Assembly centre Dealer’s premises

Name Approval number

Address

Postal code

I.13. Place of destination

Holding Assembly centre Dealer’s premises

Name Approval number

Address

Postal code

I.14. Place of loading

Postal code

I.15. Date and time of departure

I.16. Means of transport

Aeroplane Ship Railway wagon

Road vehicle Other

Identification:

Number(s):

I.17. Transporter

Name Approval number

Address

Postal code Member State

I.18. Description of commodity

I.19. Commodity code (CN code)

I.20. Quantity

Image 3

I.21.

I.22. Number of packages

I.23. Seal/Container No

I.24.

I.25. Commodities certified for:

Slaughter

I.26. Transit through third country

Third country ISO code

Exit point Code

Entry point BIP No

I.27. Transit through Member States

Member State ISO code

Member State ISO code

Member State ISO code

I.28. Export

Third country ISO code

Exit point Code

I.29. Estimated journey time

I.30. Route plan

Yes No

I.31. Identification of the commodities

Species (Scientific name)

Official individual identification

Age

Sex

Image 4

European Union

91/68 EI Ovine/Caprine for slaughter

II. Health information

II.a. Certificate reference number

II.b. Local reference number

I, the undersigned official veterinarian, hereby certify, that the animals described above meet the following requirements:

(1) either [II.1. The animals were born and have been reared since birth on Union territory.]

(1) or [II.1. The animals were imported from a third country in accordance with Commission Regulation (EU) No 206/2010 at least 30 days prior to loading.]

II.2. The animals:

II.2.1. have been inspected today (within 24 hours prior to loading) and show no clinical sign of disease;

II.2.2. are not animals which are to be destroyed under a scheme to eradicate a contagious or infectious disease;

II.2.3. come from a holding which has been free from any official prohibition on health grounds, for the last 42 days in the case of brucellosis, for the last 30 days in the case of rabies, for the last 15 days in the case of anthrax, and, have not been in contact with animals from holdings which did not comply with these conditions;

II.2.4. do not come from a holding and have not been in contact with animals from holdings in a protection zone which has been set up under Union legislation and from which animals are prohibited from leaving;

II.2.5. are not the subject of animal health measures pursuant to Union legislation on foot-and-mouth disease and have not been vaccinated against foot-and-mouth disease.

II.3. Based on the written declaration made by the keeper or an examination of the holding register and movement documents kept in accordance with Council Regulation (EC) No 21/2004, in particular in Sections B and C of the Annex to that Regulation:

II.3.1. the animals have remained on a single holding of origin for a period of at least the last 21 days, or on the holding of origin since birth where the animals are less than 21 days old, and no biungulate animal imported from a third country has been introduced into the holding of origin during the last 30 days, unless those animals were introduced in accordance with Article 4a(2) of Council Directive 91/68/EEC, and

(1) either [have remained on a single holding of origin into which no animals of the ovine or caprine species have been introduced, unless those animals were introduced in accordance with Article 4a(1) of Directive 91/68/EEC, during the last 21 days.]

(1) or [are to be consigned directly from a single holding to the slaughterhouse of destination.]

II.4.1. The animals were transported using means of transport and containment which had, before-hand, been cleansed and disinfected using an officially approved disinfectant, and in such a way as to provide effective protection of the animals’ health status.

II.4.2. Based on the official documentation accompanying the animals, the consignment covered by this health certificate is due to start the journey on (insert date) (2).

II.4.3. At the time of inspection the animals covered by this health certificate were fit to be transported on the intended journey in accordance with the provisions of Council Regulation (EC) No 1/2005 (3) (4).

II.5. This certificate

(1) either [is valid for 10 days from the date of inspection on the holding of origin, or in the approved assembly centre or approved dealer’s premises in the Member State of origin;]

(1) or [expires in accordance with Article 9(6) of Directive 91/68/EEC on (insert date)] (5).

Part II: Certification

Image 5

European Union

91/68 EI Ovine/Caprine for slaughter

II. Health information

II.a. Certificate reference number

II.b. Local reference number

Notes

Part I:

— Box reference I.19: Use the appropriate CN code under the following headings: 0104 10 or 0104 20.

— Box reference I.23: For containers or boxes, the container number and the seal number (if applicable) must be included.

— Box reference I.31: Identification system: The animals must bear: An individual number which permits tracing of their premises of origin, in accordance with Council Regulation (EC) No 21/2004.

Age: (months).

Sex: (M = male, F = female, C = castrated).

Part II:

(1) Delete where not applicable.

(2) In the case where a consignment is grouped in an assembly centre and comprises animals that were loaded on different dates, the date on which the journey commenced for the whole consignment is considered to be the earliest date when any part of the consignment left the holding of origin.

(3) This statement does not exempt transporters from their obligations in accordance with Union rules in force in particular regarding the fitness of animals to be transported.

(4) To be completed in case of consignment grouped in an approved assembly centre or in approved dealer’s premises.

(5) To be completed in case of consignment grouped in an approved assembly centre located in the Member State of transit.

— The colour of the stamp and the signature must be different from that of the other particulars in the certificate.

Official veterinarian or official inspector

Name (in capital letters): Qualification and title:

Local Veterinary Unit: LVU No:

Date: Signature:

Stamp:

MODEL II

Image 6

EUROPEAN UNION

Intra trade certificate

Part I: Details of consignment presented

I.1. Consignor

Name

Address

Postal code

I.2. Certificate reference No

I.2.a. Local reference No

I.3. Central competent authority

I.4. Local competent authority

I.5. Consignee

Name

Address

Postal code

I.6. No(s) of related original certificates

No(s) of accompanying documents

I.7. Dealer

Name Approval number

I.8. Country of origin

ISO code

I.9. Region of origin

Code

I.10. Country of destination

ISO code

I.11. Region of destination

Code

I.12. Place of origin

Holding Assembly centre

Name Approval/registration number

Address

Postal code

I.13. Place of destination

Holding Assembly centre Dealer’s premises

Name Approval number

Address

Postal code

I.14. Place of loading

Postal code

I.15. Date and time of departure

I.16. Means of transport

Aeroplane Ship Railway wagon

Road vehicle Other

Identification:

Number(s):

I.17. Transporter

Name Approval number

Address

Postal code Member State

I.18. Description of commodity

I.19. Commodity code (CN code)

I.20. Quantity

Image 7

I.21.

I.22. Number of packages

I.23. Seal/Container No

I.24.

I.25. Commodities certified for:

Fattening

I.26. Transit through third country

Third country ISO code

Exit point Code

Entry point BIP No

I.27. Transit through Member States

Member State ISO code

Member State ISO code

Member State ISO code

I.28. Export

Third country ISO code

Exit point Code

I.29. Estimated journey time

I.30. Route plan

Yes No

I.31. Identification of the commodities

Species (Scientific name)

Official individual identification

Age

Sex

Image 8

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91/68 EII Ovine/Caprine for fattening

II. Health information

II.a. Certificate reference number

II.b. Local reference number

I, the undersigned official veterinarian, hereby certify, that the animals described above meet the following requirements:

(1) either [II.1. The animals were born and have been reared since birth on Union territory.]

(1) or [II.1. The animals were imported from a third country in accordance with Commission Regulation (EU) No 206/2010 at least 30 days prior to loading.]

II.2. The animals:

II.2.1. have been inspected today (within 24 hours prior to loading) and show no clinical sign of disease;

II.2.2. are not animals which are to be destroyed under a scheme to eradicate a contagious or infectious disease;

II.2.3. come from a holding which has been free from any official prohibition on health grounds, for the last 42 days in the case of brucellosis, for the last 30 days in the case of rabies, for the last 15 days in the case of anthrax, and, have not been in contact with animals from holdings which did not comply with these conditions;

II.2.4. do not come from a holding and have not been in contact with animals from holdings in a protection zone which has been set up under Union legislation and from which animals are prohibited from leaving;

II.2.5. are not the subject of animal health measures pursuant to Union legislation on foot-and-mouth disease and have not been vaccinated against foot-and-mouth disease.

II.3. Based on the written declaration made by the keeper or an examination of the holding register and movement documents kept in accordance with Council Regulation (EC) No 21/2004, in particular in Sections B and C of the Annex to that Regulation, the animals have remained on a single holding of origin for a period of at least the last 30 days, or on the holding of origin since birth where the animals are less than 30 days old, and no animal of the ovine and caprine species has been introduced into the holding of origin during the last 21 days and no biungulate animal imported from a third country has been introduced into the holding of origin during the last 30 days, unless those animals were introduced in accordance with Article 4a(1) of Council Directive 91/68/EEC.

(1) [II.4. The animals comply with the additional guarantees provided for in Articles 7 or 8 of Directive 91/68/EEC and laid down for the Member State of destination or part of its territory (insert Member State or part of its territory) in Commission Decision .../.../... (insert number).]

II.5. The animals comply with at least one of the following conditions and therefore qualify for admission to an ovine or caprine holding which is officially brucellosis-free (B. melitensis):

(1) either [the holding of origin is situated in a Member State or part of its territory (insert name of Member State or part of its territory) which is recognised as being officially brucellosis-free in accordance with Commission Decision .../.../... (insert number).]

(1) or [they come from an officially brucellosis-free (B. melitensis) holding.]

(1) or [they come from a brucellosis-free (B. melitensis) holding, and

(i) are identified individually in accordance with Council Regulation (EC) No 21/2004,

(ii) have never been vaccinated against brucellosis or have not been vaccinated against brucellosis in the last two years or the animals are females over two years old which were vaccinated against brucellosis before the age of seven months,

(iii) were isolated under official supervision on the holding of origin and, during such isolation, underwent, with negative results, two tests for brucellosis in accordance with Annex C to Directive 91/68/EEC, separated by an interval of at least six weeks.]

Part II: Certification

Image 9

European Union

91/68 EII Ovine/Caprine for fattening

II. Health information

II.a. Certificate reference number

II.b. Local reference number

II.6. The animals comply with at least one of the following conditions and therefore qualify for admission to an ovine or caprine holding which is brucellosis-free (B. melitensis):

(1) either [they come from an officially brucellosis-free (B. melitensis) holding.]

(1) and/or [they come from a brucellosis-free (B. melitensis) holding.]

(1) and/or [until the qualifying date under eradication plans approved pursuant to Council Decision 90/242/EEC, they originate from a holding other than officially brucellosis-free or brucellosis-free and comply with the following conditions:

(i) are identified individually in accordance with Council Regulation (EC) No 21/2004,

(ii) originate from a holding in which all the animals of species susceptible to brucellosis (B. melitensis) have been free of clinical symptoms or any other symptoms of brucellosis for at least the last 12 months; and

(1) either [have not been vaccinated against brucellosis (B. melitensis) in the last two years, and were isolated under veterinary supervision on the holding of origin and, during such isolation, underwent, with negative results, two tests for brucellosis in accordance with Annex C to Directive 91/68/EEC, separated by an interval of at least six weeks.]]

(1) or [were vaccinated with Rev. 1 vaccine before the age of seven months, but not later than 15 days before their introduction into the holding of destination.]]

(1) [II.7. The animals are intended for a Member State or zone of a Member State listed in point 2.3 of Section A of Chapter A of Annex VIII to Regulation (EC) No 999/2001 of the European Parliament and of the Council as having a negligible risk status for classical scrapie, or for a Member State listed in point 3.2 of that Section as having an approved national scrapie control programme, and

(1) either [come from a holding situated in a Member State or zone of a Member State listed in point 2.3 of Section A of Chapter A of Annex VIII to Regulation (EC) No 999/2001 as having a negligible risk status for classical scrapie.]]

(1) and/or [come from a holding recognised as having a negligible risk of classical scrapie in accordance with point 1.2 of Section A of Chapter A of Annex VIII to Regulation (EC) No 999/2001 and listed as such by the competent authority of the Member State in accordance with point 1.1 of that Section.]]

(1) and/or [come from a holding not subject to the measures laid down in points 3 and 4 of Chapter B of Annex VII to Regulation (EC) No 999/2001 and the animals are of the ovine species of the ARR/ARR prion protein genotype.]]

(1) and/or [come from and are destined for an approved body, institute or centre as defined in Article 2(1)(c) of Directive 92/65/EEC.]]

(1) or [comply with the conditions set out in point 4.1(d) of Section A of Chapter A of Annex VIII to Regulation (EC) No 999/2001.]]

II.8.1. The animals were transported using means of transport and containment which had, before-hand, been cleansed and disinfected using an officially approved disinfectant, and in such a way as to provide effective protection of the animals’ health status.

II.8.2. Based on the official documentation accompanying the animals, the consignment covered by this health certificate is due to start the journey on (insert date) (2).

II.8.3. At the time of inspection the animals covered by this health certificate were fit to be transported on the intended journey in accordance with the provisions of Council Regulation (EC) No 1/2005 (3).

Image 10

European Union

91/68 EII Ovine/Caprine for fattening

II. Health information

II.a. Certificate reference number

II.b. Local reference number

Notes

Part I:

— Box reference I.19: Use the appropriate CN code under the following headings: 0104 10 or 0104 20.

— Box reference I.23: For containers or boxes, the container number and the seal number (if applicable) must be included.

— Box reference I.31: Identification system: The animals must bear: An individual number which permits tracing of their premises of origin, in accordance with Council Regulation (EC) No 21/2004.

Age: (months).

Sex: (M = male, F = female, C = castrated).

Part II:

(1) Delete where not applicable.

(2) In the case where a consignment is grouped in an assembly centre and comprises animals that were loaded on different dates, the date on which the journey commenced for the whole consignment is considered to be the earliest date when any part of the consignment left the holding of origin.

(3) This statement does not exempt transporters from their obligations in accordance with Union rules in force in particular regarding the fitness of animals to be transported.

— This certificate is valid for 10 days.

— The colour of the stamp and the signature must be different from that of the other particulars in this certificate.

Official veterinarian or official inspector

Name (in capital letters): Qualification and title:

Local Veterinary Unit: LVU No:

Date: Signature:

Stamp:

MODEL III

Image 11

EUROPEAN UNION

Intra trade certificate

Part I: Details of consignment presented

I.1. Consignor

Name

Address

Postal code

I.2. Certificate reference No

I.2.a. Local reference No

I.3. Central competent authority

I.4. Local competent authority

I.5. Consignee

Name

Address

Postal code

I.6. No(s) of related original certificates

No(s) of accompanying documents

I.7. Dealer

Name Approval number

I.8. Country of origin

ISO code

I.9. Region of origin

Code

I.10. Country of destination

ISO code

I.11. Region of destination

Code

I.12. Place of origin

Holding Assembly centre

Name Approval/registration number

Address

Postal code

I.13. Place of destination

Holding Assembly centre Dealer’s premises

Name Approval number

Address

Postal code

I.14. Place of loading

Postal code

I.15. Date and time of departure

I.16. Means of transport

Aeroplane Ship Railway wagon

Road vehicle Other

Identification:

Number(s):

I.17. Transporter

Name Approval number

Address

Postal code Member State

I.18. Description of commodity

I.19. Commodity code (CN code)

I.20. Quantity

Image 12

I.21.

I.22. Number of packages

I.23. Seal/Container No

I.24.

I.25. Commodities certified for:

Breeding

I.26. Transit through third country

Third country ISO code

Exit point Code

Entry point BIP No

I.27. Transit through Member States

Member State ISO code

Member State ISO code

Member State ISO code

I.28. Export

Third country ISO code

Exit point Code

I.29. Estimated journey time

I.30. Route plan

Yes No

I.31. Identification of the commodities

Species (Scientific name)

Official individual identification

Age

Sex

Image 13

European Union

91/68 EIII Ovine/Caprine for breeding

II. Health information

II.a. Certificate reference number

II.b. Local reference number

I, the undersigned official veterinarian, hereby certify, that the animals described above meet the following requirements:

(1) either [II.1. The animals were born and have been reared since birth on Union territory.]

(1) or [II.1. The animals were imported from a third country in accordance with Commission Regulation (EU) No 206/2010 at least 30 days prior to loading.]

II.2. The animals:

II.2.1. have been inspected today (within 24 hours prior to loading) and show no clinical sign of disease;

II.2.2. are not animals which are to be destroyed under a scheme to eradicate a contagious or infectious disease;

II.2.3. come from a holding which has been free from any official prohibition on health grounds, for the last 42 days in the case of brucellosis, for the last 30 days in the case of rabies, for the last 15 days in the case of anthrax, and, have not been in contact with animals from holdings which did not comply with these conditions;

II.2.4. do not come from a holding and have not been in contact with animals from holdings in a protection zone which has been set up under Union legislation and from which animals are prohibited from leaving;

II.2.5. are not the subject of animal health measures pursuant to Union legislation on foot-and-mouth disease and have not been vaccinated against foot-and-mouth disease.

II.3. Based on the written declaration made by the keeper or an examination of the holding register and movement documents kept in accordance with Council Regulation (EC) No 21/2004, in particular in Sections B and C of the Annex to that Regulation, the animals have remained on a single holding of origin for a period of at least the last 30 days, or on the holding of origin since birth where the animals are less than 30 days old, and no animal of the ovine and caprine species has been introduced into the holding of origin during the last 21 days and no biungulate animal imported from a third country has been introduced into the holding of origin during the last 30 days, unless those animals were introduced in accordance with Article 4a(1) of Council Directive 91/68/EEC.

(1) [II.4. The animals comply with the additional guarantees provided for in Articles 7 or 8 of Directive 91/68/EEC and laid down for the Member State of destination or part of its territory (insert Member State or part of its territory) in Commission Decision .../.../... (insert number).]

II.5. The animals comply with at least one of the following conditions and therefore qualify for admission to an ovine or caprine holding which is officially brucellosis-free (B. melitensis):

(1) either [the holding of origin is situated in a Member State or part of its territory (insert name of Member State or part of its territory) which is recognised as being officially brucellosis-free in accordance with Commission Decision .../.../... (insert number).]

(1) or [they come from an officially brucellosis-free (B. melitensis) holding.]

(1) or [they come from a brucellosis-free (B. melitensis) holding, and

(i) are identified individually in accordance with Council Regulation (EC) No 21/2004,

(ii) have never been vaccinated against brucellosis or have not been vaccinated against brucellosis in the last two years or the animals are females over two years old which were vaccinated against brucellosis before the age of seven months,

(iii) were isolated under official supervision on the holding of origin and, during such isolation, underwent, with negative results, two tests for brucellosis in accordance with Annex C to Directive 91/68/EEC, separated by an interval of at least six weeks.]

Part II: Certification

Image 14

European Union

91/68 EIII Ovine/Caprine for breeding

II. Health information

II.a. Certificate reference number

II.b. Local reference number

II.6. The animals comply with at least one of the following conditions and therefore qualify for admission to an ovine or caprine holding which is brucellosis-free (B. melitensis):

(1) either [they come from an officially brucellosis-free (B. melitensis) holding.]

(1) or [they come from a brucellosis-free (B. melitensis) holding.]

(1) or [until the qualifying date under eradication plans approved pursuant to Council Decision 90/242/EEC, they originate from a holding other than officially brucellosis-free or brucellosis-free and satisfy the following conditions:

(i) are identified individually in accordance with Council Regulation (EC) No 21/2004,

(ii) originate from a holding in which all the animals of species susceptible to brucellosis (B. melitensis) have been free of clinical symptoms or any other symptoms of brucellosis for at least the last 12 months; and

(1) either [have not been vaccinated against brucellosis (B. melitensis) in the last two years, and were isolated under veterinary supervision on the holding of origin and, during such isolation, underwent, with negative results, two tests for brucellosis in accordance with Annex C to Directive 91/68/EEC, separated by an interval of at least six weeks.]]

(1) or [were vaccinated with Rev. 1 vaccine before the age of seven months, and were not vaccinated in the 15 days before the date of emission of this health certificate.]]

(1) [II.7. They are uncastrated breeding rams and:

(i) come from a holding on which no case of contagious epididymitis of rams (B. ovis) has been recorded in the last 12 months,

(ii) have been kept permanently on that holding for the last 60 days,

(iii) have undergone, within the last 30 days, with a negative result, a test to detect contagious epididymitis of rams (B. ovis) in accordance with Annex D to Directive 91/68/EEC.]

II.8. To the best of the knowledge of the undersigned and according to the written declaration made by the owner, the animals were not obtained from a holding and have not been in contact with animals from a holding in which the following diseases have been clinically detected:

(i) within the last six months, contagious agalactia of sheep (Mycoplasma agalactiae) and contagious agalactia of goats (Mycoplasma agalactiae, M. capricolum, M. mycoides subsp. mycoides large colony),

(ii) within the last 12 months, paratuberculosis or caseous lymphadenitis,

(iii) within the last three years, pulmonary adenomatosis, maedi/visna or caprine viral arthritis/encephalitis. However, this time limit is reduced to 12 months if animals affected by maedi/visna or caprine viral arthritis/encephalitis have been slaughtered and the remaining animals have reacted negatively to two tests.

(1) either [II.9. The animals are intended for a Member State or zone of a Member State listed in point 2.3 of Section A of Chapter A of Annex VIII to Regulation (EC) No 999/2001 as having a negligible risk status for classical scrapie or for a Member State listed in point 3.2 of that Section as having an approved national scrapie control programme, and

(1) either [come from a holding situated in a Member State or zone of a Member State listed in point 2.3 of Section A of Chapter A of Annex VIII to Regulation (EC) No 999/2001 as having a negligible risk status for classical scrapie.]]

(1) and/or [come from a holding recognised as having a negligible risk of classical scrapie in accordance with point 1.2 of Section A of Chapter A of Annex VIII to Regulation (EC) No 999/2001 and listed as such by the competent authority of the Member State in accordance with point 1.1 of that Section.]]

Image 15

European Union

91/68 EIII Ovine/Caprine for breeding

II. Health information

II.a. Certificate reference number

II.b. Local reference number

(1) and/or [come from a holding not subject to the measures laid down in points 3 and 4 of Chapter B of Annex VII to Regulation (EC) No 999/2001 and the animals are of the ovine species of the ARR/ARR prion protein genotype.]]

(1) and/or [come from and are destined for an approved body, institute or centre as defined in Article 2(1)(c) of Directive 92/65/EEC.]]

(1) or [comply with the conditions set out in point 4.1(d) of Section A of Chapter A of Annex VIII to Regulation (EC) No 999/2001.]]

(1) or [II.9. The animals are intended for a Member State or zone of a Member State other than those listed in point 2.3 of Section A of Chapter A of Annex VIII to Regulation (EC) No 999/2001 as having a negligible risk status for classical scrapie or other than those listed in point 3.2 of that Section as having an approved national scrapie control programme, and

(1) either [come from a holding situated in a Member State or zone of a Member State listed in point 2.3 of Section A of Chapter A of Annex VIII to Regulation (EC) No 999/2001 as having a negligible risk status for classical scrapie.]]

(1) and/or [come from a holding recognised as having a negligible risk of classical scrapie in accordance with point 1.2 of Section A of Chapter A of Annex VIII to Regulation (EC) No 999/2001 and listed as such by the competent authority of the Member State in accordance with point 1.1 of that Section.]]

(1) and/or [come from a holding not subject to the measures laid down in points 3 and 4 of Chapter B of Annex VII to Regulation (EC) No 999/2001 and the animals are of the ovine species of the ARR/ARR prion protein genotype.]]

(1) and/or [come from a holding recognised as having a controlled risk of classical scrapie in accordance with point 1.3 of Section A of Chapter A of Annex VIII to Regulation (EC) No 999/2001 and listed as such by the competent authority of the Member State in accordance with point 1.1 of that Section.]]

(1) and/or [come from and are destined for an approved body, institute or centre as defined in Article 2(1)(c) of Directive 92/65/EEC.]]

(1) or [comply with the conditions set out in point 4.1(d) of Section A of Chapter A of Annex VIII to Regulation (EC) No 999/2001.]]

II.10.1. The animals were transported using means of transport and containment which had, before-hand, been cleansed and disinfected using an officially approved disinfectant, and in such a way as to provide effective protection of the animals’ health status.

II.10.2. Based on the official documentation accompanying the animals, the consignment covered by this health certificate is due to start the journey on (insert date) (2).

II.10.3. At the time of inspection the animals covered by this health certificate were fit to be transported on the intended journey in accordance with the provisions of Council Regulation (EC) No 1/2005 (3).

Notes

Part I:

— Box reference I.19: Use the appropriate CN code under the following headings: 0104 10 or 0104 20.

— Box reference I.23: For containers or boxes, the container number and the seal number (if applicable) must be included.

— Box reference I.31: Identification system: The animals must bear an individual number which permits tracing of their premises of origin in accordance with Council Regulation (EC) No 21/2004.

Age: (months).

Sex: (M = male, F = female, C = castrated).

European Union

91/68 EIII Ovine/Caprine for breeding

II. Health information

II.a. Certificate reference number

II.b. Local reference number

Part II:

(1) Delete where not applicable.

(2) In the case where a consignment is grouped in an assembly centre and comprises animals that were loaded on different dates, the date at which the journey commenced for the whole consignment is considered to be the earliest date when any part of the consignment left the holding of origin.

(3) This statement does not exempt transporters from their obligations in accordance with Union rules in force in particular regarding the fitness of animals to be transported.

— This certificate is valid for 10 days.

— The colour of the stamp and the signature must be different from that of the other particulars in the certificate.

Official veterinarian or official inspector

Name (in capital letters): Qualification and title:

Local Veterinary Unit: LVU No:

Date: Signature:

Stamp:

---

ANNEX II

In Annex III to Decision 2010/470/EU, Part A is replaced by the following:

‘Part A

Model health certificate IIIA for trade within the Union in consignments of semen of animals of the ovine and caprine species collected in accordance with Council Directive 92/65/EEC after 31 August 2010 and dispatched from an approved semen collection centre of origin of the semen

Image 17

EUROPEAN UNION

Intra trade certificate

Part I: Details of consignment presented

I.1. Consignor

Name

Address

Postal code

I.2. Certificate reference No

I.2.a. Local reference No

I.3. Central competent authority

I.4. Local competent authority

I.5. Consignee

Name

Address

Postal code

I.6.

I.7.

I.8. Country of origin

ISO code

I.9. Region of origin

Code

I.10. Country of destination

ISO code

I.11. Region of destination

Code

I.12. Place of origin

Semen centre

Name Approval number

Address

Postal code

I.13. Place of destination

Semen centre Holding

Name Approval number

Address

Postal code

I.14.

I.15.

I.16. Means of transport

Aeroplane Ship Railway wagon

Road vehicle Other

Identification:

I.17.

I.18. Description of commodity

I.19. Commodity code (CN code)

05 11 99 85

I.20. Quantity

Image 18

I.21. Temperature of products

Ambient Chilled Frozen

I.22. Number of packages

I.23. Seal/Container No

I.24. Type of packaging

I.25. Commodities certified for:

Artificial reproduction

I.26. Transit through third country

Third country ISO code

Exit point Code

Entry point BIP No

I.27. Transit through Member States

Member State ISO code

Member State ISO code

Member State ISO code

I.28. Export

Third country ISO code

Exit point Code

I.29.

I.30.

I.31. Identification of the commodities

Species (Scientific name)

Breed

Donor identity

Date of collection

Approval number of the centre

Quantity

Image 19

European Union

Ovine and caprine semen — Part A

II. Health information

II.a. Certificate reference No

II.b.

I, the undersigned official veterinarian, hereby certify that:

II.1. The semen described above:

II.1.1. was collected, processed and stored in a semen collection centre (2) approved and supervised by the competent authority in accordance with Chapter I(I)(1) and Chapter I(II)(1) of Annex D to Directive 92/65/EEC;

II.1.2. comes from donor animals which meet the requirements of Chapter II(II) of Annex D to Directive 92/65/EEC;

II.1.3. was collected, processed, stored and transported under conditions which comply with the requirements of Chapters II(II) and III(I) of Annex D to Directive 92/65/EEC;

(1) either [II.1.4. was collected from animals which have been kept continuously since birth on a holding or holdings recognised as having a negligible or controlled risk of classical scrapie according to point 1 of Section A of Chapter A of Annex VIII to Regulation (EC) No 999/2001, except during the period when they were kept at a semen collection centre that complied during that period with the conditions set out in the four indents of point 1.3(c)(iv) of that Section;]

(1) or [II.1.4. was collected from animals which have been kept continuously for the last three years before the collection on a holding or holdings which has/have complied for the last three years before the collection with the requirements laid down in points 1.3(a) to (f) of Section A of Chapter A of Annex VIII to Regulation (EC) No 999/2001, except during the period when they were kept at a semen collection centre that complied during that period with the conditions set out in the four indents of point 1.3(c)(iv) of that Section;]

(1) or [II.1.4. was collected from animals which have been kept continuously since birth in a Member State or zone of a Member State listed in point 2.3 of Section A of Chapter A of Annex VIII to Regulation (EC) No 999/2001 as having a negligible risk status for classical scrapie;]

(1) or [II.1.4. was collected from ovine animals of the ARR/ARR prion protein genotype;]

II.1.5. was sent to the place of loading in a sealed container in accordance with point 1.4 of Chapter III(I) of Annex D to Directive 92/65/EEC and bearing the number detailed in Box I.23.

(1) either [II.2. No antibiotics or no mixture of antibiotics were added to the semen.]

(1) or [II.2. The following antibiotic or combination of antibiotics was added to produce a concentration in the final diluted semen of not less than (3):

]

Notes

Part I:

Box I.12: Place of origin shall correspond to the semen collection centre of origin of the semen.

Box I.13: Place of destination shall correspond to the semen collection or storage centre or to the holding of semen destination.

Box I.23: Identification of container and seal number shall be indicated.

Box I.31: Donor identity shall correspond to the official identification of the animal.

Date of collection shall be indicated in the following format: dd/mm/yyyy.

Approval number of the centre shall correspond to the approval number of the semen centre indicated in Box I.12 where the semen was collected.

Part II: Certification

European Union

Ovine and caprine semen — Part A

II. Health information

II.a. Certificate reference No

II.b.

Part II:

(1) Delete as appropriate.

(2) Only approved semen collection centres listed in accordance with Article 11(4) of Directive 92/65/EEC on the Commission website:

http://ec.europa.eu/food/animals/live_animals/approved-establishments/index_en.htm].

(3) Insert names and concentrations.

— The colour of the stamp and signature must be different from that of the other particulars in the certificate.

Official veterinarian or official inspector

Name (in capital letters): Qualification and title:

Local veterinary unit: LVU No:

Date: Signature:

Stamp:

---

ANNEX III

In Part 2 of Annex II to Decision 2010/472/EU, Section A is replaced by the following:

‘Section A

Model 1 — Health certificate for semen dispatched from an approved semen collection centre of origin of the semen

Image 21

COUNTRY:

Veterinary certificate to EU

Part I: Details of dispatched consignment

I.1. Consignor

Name

Address

Tel.

I.2. Certificate reference No

I.2.a.

I.3. Central competent authority

I.4. Local competent authority

I.5. Consignee

Name

Address

Postal code

Tel.

I.6. Person responsible for the load in EU

Name

Address

Postal code

Tel.

I.7. Country of origin

ISO code

I.8. Region of origin

Code

I.9. Country of destination

ISO code

I.10. Region of destination

Code

I.11. Place of origin

Name Approval number

Address

Name Approval number

Address

Name Approval number

Address

I.12. Place of destination

Name

Address

Postal code

I.13. Place of loading

I.14. Date of departure

I.15. Means of transport

Aeroplane Ship Railway wagon

Road vehicle Other

Identification

Documentary references

I.16. Entry BIP in EU

I.17.

I.18. Description of commodity

I.19. Commodity code (HS code)

05 11 99 85

I.20. Quantity

Image 22

I.21.

I.22. Number of packages

I.23. Seal/Container No

I.24.

I.25. Commodities certified for:

Artificial reproduction

I.26. For transit through EU to third country

Third country ISO code

I.27. For import or admission into EU

I.28. Identification of the commodities

Species (Scientific name)

Breed

Donor identity

Date of collection

Approval number of the centre

Quantity

Image 23

COUNTRY

Ovine and caprine semen — Section A

II. Health information

II.a. Certificate reference No

II.b.

I, the undersigned, official veterinarian, hereby certify that:

II.1. The exporting country

(name of exporting country) (2)

II.1.1. has been free from rinderpest, peste des petits ruminants, sheep and goat pox, contagious caprine pleuropneumonia and Rift Valley fever during the 12 months immediately prior to collection of the semen to be exported and until its date of dispatch to the Union and no vaccination against these diseases took place during that period;

II.1.2. has been free from foot-and-mouth disease during the 12 months immediately prior to collection of the semen to be exported and until its date of dispatch to the Union and no vaccination against this disease took place during that period.

II.2. The semen collection centre described in Box I.11 and at which the semen to be exported was collected and stored:

II.2.1. meets the conditions for the approval of semen collection centres laid down in Chapter I(I)(1) of Annex D to Directive 92/65/EEC;

II.2.2. is operated and supervised in accordance with the conditions applicable to semen collection centres and storage centres laid down in Chapter I(II)(1) of Annex D to Directive 92/65/EEC.

II.3. The ovine (1)/caprine (1) animals standing at the semen collection centre:

II.3.1. prior to their stay in the quarantine accommodation described in point II.3.3,

(1) (4) either [II.3.1.1. originate from the territory described in Box I.8, which has been recognised as officially brucellosis (B. melitensis)-free,]

(1) or [II.3.1.1. have belonged to a holding which has obtained and maintained its officially brucellosis (B. melitensis)-free status in accordance with Directive 91/68/EEC,]

(1) or [II.3.1.1. originate from a holding, where in respect of brucellosis (B. melitensis) all susceptible animals have been free from clinical or any signs of this disease for the last 12 months, none of the ovine and caprine animals have been vaccinated against this disease, save those vaccinated with Rev. 1 vaccine more than two years ago, and all ovine and caprine animals over six months of age have been subjected to at least two tests (3), carried out with negative results on samples taken on (date) and on (date) at least six months apart, the latter being within 30 days before entry into the quarantine accommodation,]

and have not been kept previously in a holding of a lower status;

II.3.1.2. have been kept continuously for at least 60 days on a holding where no case of contagious epididymitis (Brucella ovis) has been diagnosed in the last 12 months,

(1) and [they are animals of the ovine species and have undergone during the 60 days prior to their stay in the quarantine accommodation described in point II.3.3 a complement fixation test, or any other test with an equivalent documented sensitivity and specificity, to detect contagious epididymitis with result of less than 50 ICFTU/ml;]

II.3.1.3. to the best of my knowledge do not come from holdings and have not been in contact with animals of a holding, in which, based on the official notification system and according to the written declaration made by the owner, any of the following diseases has been clinically detected within the periods referred to in points (a) to (d) prior to their stay in the quarantine accommodation described in point II.3.3.

(a) contagious agalactia of sheep or goats (Mycoplasma agalactiae, Mycoplasma capricolum, Mycoplasma mycoides var. mycoides “large colony”), within the last six months,

(b) paratuberculosis and caseous lymphadenitis, within the last 12 months,

(c) pulmonary adenomatosis, within the last three years;

Part II: Certification

Image 24

COUNTRY

Ovine and caprine semen — Section A

II. Health information

II.a. Certificate reference No

II.b.

(1) either [(d) Maedi/Visna for sheep or caprine viral arthritis/encephalitis for goats, within the last three years;]

(1) or [(d) Maedi/Visna for sheep or caprine viral arthritis/encephalitis for goats, within the last 12 months, and all the infected animals were slaughtered and remaining animals subsequently reacted negatively to two tests carried out at least six months apart;]

II.3.2. have undergone the following tests carried out on a blood sample collected within the 28 days preceding the commencement of the period of quarantine specified in point II.3.3 for:

— brucellosis (B. melitensis), with negative results in each case in accordance with Annex C to Directive 91/68/EEC;

— contagious epididymitis (Brucella. ovis), in the case of sheep only, with negative results in each case in accordance with Annex D to Directive 91/68/EEC, or any other test with an equivalent documented sensitivity and specificity;

— border disease in accordance with point 1.4(c) of Chapter II(II) of Annex D to Directive 92/65/EEC;

II.3.3. have satisfied the quarantine isolation period of at least 28 days in a quarantine accommodation specifically approved for the purpose by the competent authority and during that period:

II.3.3.1. only animals of at least the same health status were present in the quarantine accommodation;

II.3.3.2. the animals have undergone the following tests, carried out by the laboratory approved by the competent authority of the exporting country on samples taken not earlier than 21 days after the animals were admitted to the quarantine accommodation, for:

— brucellosis (B. melitensis) with negative results in each case in accordance with Annex C to Directive 91/68/EEC;

— contagious epididymitis (Brucella ovis), in the case of sheep only, with negative results in each case in accordance with Annex D to Directive 91/68/EEC, or any other test with an equivalent documented sensitivity and specificity;

— border disease in accordance with point 1.6 of Chapter II(II) of Annex D to Directive 92/65/EEC;

II.3.4. have undergone at least once a year the routine tests for:

— brucellosis (B. melitensis) with negative results in each case in accordance with Annex C to Directive 91/68/EEC;

— contagious epididymitis (Brucella ovis), in the case of sheep only, with negative results in each case in accordance with Annex D to Directive 91/68/EEC, or any other test with an equivalent documented sensitivity and specificity;

— border disease in accordance with point 5(c) of Chapter II(II) of Annex D to Directive 92/65/EEC.

II.4. The semen to be exported was obtained from donor rams (1)/bucks (1) which:

II.4.1. were admitted to the approved semen collection centre with the express permission of the centre veterinarian.

II.4.2. show no clinical signs of disease on the day of admission to the approved semen collection centre and on the day the semen was collected;

(1) either [II.4.3. have not been vaccinated against foot-and-mouth disease during the 12 months prior to collection of the semen;]

Image 25

COUNTRY

Ovine and caprine semen — Section A

II. Health information

II.a. Certificate reference No

II.b.

(1) or [II.4.3. have been vaccinated against foot-and-mouth disease at least 30 days prior to the collection, and 5 % (with a minimum of five straws) of each collection have been submitted to a virus isolation test for foot-and-mouth disease with negative results;]

II.4.4. have been kept at an approved semen collection centre for a continuous period of at least 30 days immediately prior to collection of the semen, in the case of collections of fresh semen;

II.4.5. have not served naturally after their entry to the quarantine accommodation described in point II.3.3 and up to and including the day of semen collection;

II.4.6. have been kept at approved semen collection centres:

II.4.6.1. which have been free from foot-and-mouth disease for at least three months prior to collection of the semen and 30 days after collection or, in the case of fresh semen, until the date of dispatch, and which are situated in the centre of an area of 10 kilometres radius in which there has been no case of foot-and-mouth disease for at least 30 days prior to collection of the semen;

II.4.6.2. which have been free, during the period commencing 30 days prior to collection and ending 30 days after collection of the semen or, in the case of fresh semen, until the date of dispatch, from brucellosis (B. melitensis), contagious epididymitis (Brucella. ovis), anthrax and rabies;

(1) either [II.4.7. have remained in the exporting country for at least the past six months prior to collection of the semen to be exported;]

(1) or [II.4.7. during the last six months prior to collection of the semen they complied with the animal health conditions applying to donors of the semen which is intended for export to the Union and they have been imported into the exporting country at least 30 days prior to collection of the semen from (2);]

(1) either [II.4.8. were kept in a bluetongue virus-free country or zone for at least 60 days prior to, and during, collection of the semen;]

(1) or [II.4.8. were kept during a bluetongue virus seasonally free period in a seasonally free zone for at least 60 days prior to, and during collection of the semen;]

(1) or [II.4.8. were kept in a vector-protected establishment for at least 60 days prior to, and during collection of the semen;]

(1) or [II.4.8. were subjected to a serological test for the detection of antibody to the bluetongue virus group, carried out in accordance with the OIE Manual of Diagnostic Tests and Vaccines for Terrestrial Animals, with negative results, on blood samples taken at least every 60 days throughout the collection period and between 21 and 60 days after the final collection for this consignment of semen;]

(1) or [II.4.8. were subjected to an agent identification test for bluetongue virus, carried out in accordance with the Manual of Diagnostic Tests and Vaccines for Terrestrial Animals with negative results on blood samples taken at commencement and final collection for this consignment of semen and at least every 7 days (virus isolation test) or at least every 28 days (PCR test) during collection for this consignment of semen;]

(1) (5) either [II.4.9. were resident in the exporting country which according to official findings is free from epizootic haemorrhagic disease (EHD);]

(1) or [II.4.9. were resident in the exporting country in which according to official findings the following serotypes of epizootic haemorrhagic disease (EHD) exist: and were subjected with negative results in each case to:

(1) either [a serological test (6) for the detection of antibody to the EHDV group carried out in an approved laboratory on samples of blood taken on two occasions not more than 12 months apart prior to and not less than 21 days after the final collection for this consignment of semen.]]

Image 26

COUNTRY

Ovine and caprine semen — Section A

II. Health information

II.a. Certificate reference No

II.b.

(1) or [a serological test (6) for the detection of antibody to the EHDV group, carried out in an approved laboratory on samples of blood taken at intervals of not more than 60 days throughout the collection period and between 21 and 60 days after the final collection for this consignment of semen.]]

(1) or [an agent identification test (6) carried out in an approved laboratory on samples of blood taken at commencement and conclusion of, and at least every 7 days (virus isolation test) or at least every 28 days (PCR test) during collection for this consignment of semen.]]

II.4.10. have been kept continuously since birth in a country where the following conditions are fulfilled:

II.4.10.1. classical scrapie is compulsorily notifiable;

II.4.10.2. an awareness, surveillance and monitoring system is in place;

II.4.10.3. ovine and caprine animals affected with classical scrapie are killed and completely destroyed;

II.4.10.4. the feeding to ovine and caprine animals of meat-and-bone meal, or greaves of ruminant origin, as defined in the OIE Terrestrial Animal Health Code, has been banned and effectively enforced in the whole country for a period of at least the last seven years;

(1) either [II.4.11. have been kept continuously for a period of the last three years preceding the date of the collection of the semen to be exported in a holding or holdings which has/have fulfilled during that period all the requirements set out in points 1.3(a) to (f) of Section A of Chapter A of Annex VIII to Regulation (EC) No 999/2001, except during the period when they were kept at a semen collection centre that complied during that period with the conditions set out in the four indents of point 1.3(c)(iv) of that Section;]

(1) or [II.4.11. are ovine animals of ARR/ARR prion protein genotype.]

II.5. The semen to be exported:

II.5.1. was collected after the date on which the semen collection centre was approved by the competent authority of the exporting country;

II.5.2. was collected, processed, preserved, stored and transported in accordance with the requirements applicable to semen laid down in Chapter III(I) of Annex D to Directive 92/65/EEC;

II.5.3. was sent to the place of loading in a sealed container in accordance with the requirements for semen to be subject to trade laid down in point 1.4 of Chapter III(I) of Annex D to Directive 92/65/EEC and bearing the number indicated in Box I.23.

(1) either [II.6. No antibiotics were added to the semen.]

(1) or [II.6. The following antibiotic or combination of antibiotics was added to produce a concentration in the final diluted semen of not less than (7):

]

Notes

Part I:

Box I.6: Person responsible for the load in EU: this box is to be filled in only if it is a certificate for transit commodity.

Box I.11: Place of origin shall correspond to the approved semen collection centre in which the semen was collected and listed in accordance with Article 17(3)(b) of Directive 92/65/EEC on the Commission website: http://ec.europa.eu/food/animals/semen/ovine_caprine/index_en.htm

Box I.22: Number of packages shall correspond to the number of containers.

COUNTRY

Ovine and caprine semen — Section A

II. Health information

II.a. Certificate reference No

II.b.

Box I.23: Identification of container and seal number shall be indicated.

Box I.26: Fill in according to whether it is a transit or an import certificate.

Box I.27: Fill in according to whether it is a transit or an import certificate.

Box I.28: Species: select amongst “Ovis aries” or “Capra hircus” as appropriate.

Donor identity shall correspond to the official identification of the animal.

Date of collection shall be indicated in the following format: dd.mm.yyyy.

Approval number of the centre shall correspond to the approval number of the semen collection centre indicated in Box I.11.

Part II:

(1) Delete as necessary.

(2) Only third countries listed in Annex I to Decision 2010/472/EU.

(3) Tests shall be carried out in accordance with Annex C to Directive 91/68/EEC.

(4) Only for the territory appearing with the entry “V” in column 6 of Part 1 of Annex I to Commission Regulation (EU) No 206/2010 (OJ L 73, 20.3.2010, p. 1.).

(5) See remarks for exporting country concerned in Annex I to Decision 2010/472/EU.

(6) Standards for EHD virus diagnostic tests are described in Chapter 2.1.7 of the OIE Manual of Diagnostic Tests and Vaccines for Terrestrial Animals.

(7) Insert names and concentrations.

— The signature and the stamp must be in a different colour to that of the printing.

Official veterinarian

Name (in capital letters): Qualification and title:

Date: Signature:

Stamp:

---

| 16.11.2016 | EN | Official Journal of the European Union | L 308/59 |
| --- | --- | --- | --- |

16.11.2016

EN

Official Journal of the European Union

L 308/59

---

COMMISSION DECISION (EU) 2016/2003

of 14 November 2016

amending Decisions 2009/300/EC, 2011/263/EU, 2011/264/EU, 2011/382/EU, 2011/383/EU, 2012/720/EU and 2012/721/EU in order to prolong the period of validity of the ecological criteria for the award of the EU Ecolabel to certain products

(notified under document C(2016) 7218)

(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 66/2010 of the European Parliament and of the Council of 25 November 2009 on the EU Ecolabel (1), and in particular Article 8(3)(c) thereof,

After consulting the European Union Eco-Labelling Board,

Whereas:

| (1) | Commission Decision 2009/300/EC (2) expires on 31 December 2016. |
| --- | --- |

(1)

Commission Decision 2009/300/EC (2) expires on 31 December 2016.

| (2) | Commission Decision 2011/263/EU (3) expires on 31 December 2016. |
| --- | --- |

(2)

Commission Decision 2011/263/EU (3) expires on 31 December 2016.

| (3) | Commission Decision 2011/264/EU (4) expires on 31 December 2016. |
| --- | --- |

(3)

Commission Decision 2011/264/EU (4) expires on 31 December 2016.

| (4) | Commission Decision 2011/382/EU (5) expires on 31 December 2016. |
| --- | --- |

(4)

Commission Decision 2011/382/EU (5) expires on 31 December 2016.

| (5) | Commission Decision 2011/383/EU (6) expires on 31 December 2016. |
| --- | --- |

(5)

Commission Decision 2011/383/EU (6) expires on 31 December 2016.

| (6) | Commission Decision 2012/720/EU (7) expires on 14 November 2016. |
| --- | --- |

(6)

Commission Decision 2012/720/EU (7) expires on 14 November 2016.

| (7) | Commission Decision 2012/721/EU (8) expires on 14 November 2016. |
| --- | --- |

(7)

Commission Decision 2012/721/EU (8) expires on 14 November 2016.

| (8) | An assessment has been carried out confirming the relevance and appropriateness of the current ecological criteria, as well as of the related assessment and verification requirements, established by Decisions 2009/300/EC, 2011/263/EU, 2011/264/EU, 2011/382/EU, 2011/383/EU, 2012/720/EU and 2012/721/EU. As a new revision of the current ecological criteria and the related assessment and verification requirements set out in those Decisions has still not been finalised, it is appropriate to prolong the periods of validity of those ecological criteria and those related assessment and verification requirements until 31 December 2017. Decisions 2009/300/EC, 2011/263/EU, 2011/264/EU, 2011/382/EU, 2011/383/EU, 2012/720/EU and 2012/721/EU should therefore be amended accordingly. |
| --- | --- |

(8)

An assessment has been carried out confirming the relevance and appropriateness of the current ecological criteria, as well as of the related assessment and verification requirements, established by Decisions 2009/300/EC, 2011/263/EU, 2011/264/EU, 2011/382/EU, 2011/383/EU, 2012/720/EU and 2012/721/EU. As a new revision of the current ecological criteria and the related assessment and verification requirements set out in those Decisions has still not been finalised, it is appropriate to prolong the periods of validity of those ecological criteria and those related assessment and verification requirements until 31 December 2017. Decisions 2009/300/EC, 2011/263/EU, 2011/264/EU, 2011/382/EU, 2011/383/EU, 2012/720/EU and 2012/721/EU should therefore be amended accordingly.

| (9) | The measures provided for in this Decision are in accordance with the opinion of the Committee set up by Article 16 of Regulation (EC) No 66/2010, |
| --- | --- |

(9)

The measures provided for in this Decision are in accordance with the opinion of the Committee set up by Article 16 of Regulation (EC) No 66/2010,

HAS ADOPTED THIS DECISION:

Article 1

Article 3 of Decision 2009/300/EC is replaced by the following:

‘Article 3

The ecological criteria for the product group “televisions” and the related assessment and verification requirements, shall be valid until 31 December 2017.’

Article 2

Article 4 of Decision 2011/263/EU is replaced by the following:

‘Article 4

The ecological criteria for the product group “detergents for dishwashers” and the related assessment and verification requirements shall be valid until 31 December 2017.’

Article 3

Article 4 of Decision 2011/264/EU is replaced by the following:

‘Article 4

The ecological criteria for the product group “laundry detergents” and the related assessment and verification requirements shall be valid until 31 December 2017.’

Article 4

Article 4 of Decision 2011/382/EU is replaced by the following:

‘Article 4

The ecological criteria for the product group “hand dishwashing detergents” and the related assessment and verification requirements shall be valid until 31 December 2017.’

Article 5

Article 4 of Decision 2011/383/EU is replaced by the following:

‘Article 4

The ecological criteria for the product group “all-purpose cleaners and sanitary cleaners” and the related assessment and verification requirements, shall be valid until 31 December 2017.’

Article 6

Article 3 of Decision 2012/720/EU is replaced by the following:

‘Article 3

The ecological criteria for the product group “industrial and institutional automatic dishwasher detergents” and the related assessment and verification requirements shall be valid until 31 December 2017.’

Article 7

Article 3 of Decision 2012/721/EU is replaced by the following:

‘Article 3

The ecological criteria for the product group “industrial and institutional laundry detergents” and the related assessment and verification requirements shall be valid until 31 December 2017.’

Article 8

This Decision is addressed to the Member States.

Done at Brussels, 14 November 2016.

For the Commission

Karmenu VELLA

Member of the Commission

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(1)  
  OJ L 27, 30.1.2010, p. 1.

1

(2)  Commission Decision 2009/300/EC of 12 March 2009 establishing the revised ecological criteria for the award of the Community Eco-label to televisions (OJ L 82, 28.3.2009, p. 3).

2

(3)  Commission Decision 2011/263/EU of 28 April 2011 on establishing the ecological criteria for the award of the EU Ecolabel to detergents for dishwashers (OJ L 111, 30.4.2011, p. 22).

3

(4)  Commission Decision 2011/264/EU of 28 April 2011 on establishing the ecological criteria for the award of the EU Ecolabel for laundry detergents (OJ L 111, 30.4.2011, p. 34).

4

(5)  Commission Decision 2011/382/EU of 24 June 2011 on establishing the ecological criteria for the award of the EU Ecolabel to hand dishwashing detergents (OJ L 169, 29.6.2011, p. 40).

5

(6)  Commission Decision 2011/383/EU of 28 June 2011 on establishing the ecological criteria for the award of the EU Ecolabel to all-purpose cleaners and sanitary cleaners (OJ L 169, 29.6.2011, p. 52).

6

(7)  Commission Decision 2012/720/EU of 14 November 2012 establishing the ecological criteria for the award of the EU Ecolabel for Industrial and Institutional Automatic Dishwasher Detergents (OJ L 326, 24.11.2012, p. 25).

7

(8)  Commission Decision 2012/721/EU of 14 November 2012 establishing the ecological criteria for the award of the EU Ecolabel for Industrial and Institutional Laundry Detergents (OJ L 326, 24.11.2012, p. 38).

8

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| 16.11.2016 | EN | Official Journal of the European Union | L 308/62 |
| --- | --- | --- | --- |

16.11.2016

EN

Official Journal of the European Union

L 308/62

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COMMISSION IMPLEMENTING DECISION (EU) 2016/2004

of 14 November 2016

amending Implementing Decision 2013/780/EU providing for a derogation from Article 13(1)(ii) of Council Directive 2000/29/EC in respect of bark-free sawn wood of Quercus L., Platanus L. and Acer saccharum Marsh. originating in the United States of America

(notified under document C(2016) 7181)

THE EUROPEAN COMMISSION,

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

Having regard to Council Directive 2000/29/EC of 8 May 2000 on protective measures against the introduction into the Community of organisms harmful to plants or plant products and against their spread within the Community (1), and in particular the second indent of Article 15(1) thereof,

Whereas:

| (1) | Directive 2000/29/EC provides for protective measures against the introduction into the Union from third countries of organisms that are harmful to plants or plant products. Article 1 of Commission Implementing Decision 2013/780/EU (2) provides for a derogation from the protective measures under Directive 2000/29/EC and authorises Member States to allow for the introduction into their territory of bark-free sawn wood of Quercus L., Platanus L. and Acer saccharum Marsh., originating in the United States, without being accompanied by a phytosanitary certificate, until 30 November 2016, provided that such wood complies with the conditions set out in the Annex to that Implementing Decision. |
| --- | --- |

(1)

Directive 2000/29/EC provides for protective measures against the introduction into the Union from third countries of organisms that are harmful to plants or plant products. Article 1 of Commission Implementing Decision 2013/780/EU (2) provides for a derogation from the protective measures under Directive 2000/29/EC and authorises Member States to allow for the introduction into their territory of bark-free sawn wood of Quercus L., Platanus L. and Acer saccharum Marsh., originating in the United States, without being accompanied by a phytosanitary certificate, until 30 November 2016, provided that such wood complies with the conditions set out in the Annex to that Implementing Decision.

| (2) | Commission Implementing Decision (EU) 2015/893 (3) lays down the requirements for the introduction into the Union of bark-free sawn wood of Platanus L. and Acer spp. originating in third countries. Those requirements are considered necessary for the phytosanitary protection of Union territory from Anoplophora glabripennis (Motschulsky) and no derogation from them should be considered justified. Those species of bark-free sawn wood should therefore no longer be subject to the derogation provided for in Implementing Decision 2013/780/EU. |
| --- | --- |

(2)

Commission Implementing Decision (EU) 2015/893 (3) lays down the requirements for the introduction into the Union of bark-free sawn wood of Platanus L. and Acer spp. originating in third countries. Those requirements are considered necessary for the phytosanitary protection of Union territory from Anoplophora glabripennis (Motschulsky) and no derogation from them should be considered justified. Those species of bark-free sawn wood should therefore no longer be subject to the derogation provided for in Implementing Decision 2013/780/EU.

| (3) | In light of the information submitted periodically by Member States to the Commission, it may be concluded that the application of the specific conditions laid down in the Annex to Implementing Decision 2013/780/EU is sufficient to prevent the introduction of harmful organisms into the Union. Member States should continue to apply those conditions with regard to bark-free sawn wood of Quercus L. originating in the United States. The assessment of the technical information submitted by the United States shows that the Kiln Drying Sawn Hardwood Lumber Certification Program, referred to in Article 2(3) of Implementing Decision 2013/780/EU, is functioning effectively. |
| --- | --- |

(3)

In light of the information submitted periodically by Member States to the Commission, it may be concluded that the application of the specific conditions laid down in the Annex to Implementing Decision 2013/780/EU is sufficient to prevent the introduction of harmful organisms into the Union. Member States should continue to apply those conditions with regard to bark-free sawn wood of Quercus L. originating in the United States. The assessment of the technical information submitted by the United States shows that the Kiln Drying Sawn Hardwood Lumber Certification Program, referred to in Article 2(3) of Implementing Decision 2013/780/EU, is functioning effectively.

| (4) | Therefore the authorisation for the derogation in respect of bark-free sawn wood of Quercus L. originating in the United States should be extended until 31 December 2026 in order to avoid any unnecessary disruptions of trade with regard to that wood. |
| --- | --- |

(4)

Therefore the authorisation for the derogation in respect of bark-free sawn wood of Quercus L. originating in the United States should be extended until 31 December 2026 in order to avoid any unnecessary disruptions of trade with regard to that wood.

| (5) | Implementing Decision 2013/780/EU should therefore be amended accordingly. |
| --- | --- |

(5)

Implementing Decision 2013/780/EU should therefore be amended accordingly.

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

(6)

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

Amendment of Implementing Decision 2013/780/EU

Implementing Decision 2013/780/EU is amended as follows:

| (1) | Article 1 is replaced by the following:
  ‘By way of derogation from Article 13(1)(ii) of Directive 2000/29/EC, Member States shall be authorised to allow for the introduction into their territory of bark-free sawn wood of Quercus L. originating in the United and covered by one of the CN codes and the descriptions set out in Section I(6) of Part B of Annex V to that Directive without being accompanied by a phytosanitary certificate, provided that such wood complies with the conditions set out in the Annex to this Decision.’; |
| --- | --- |

(1)

Article 1 is replaced by the following:

‘By way of derogation from Article 13(1)(ii) of Directive 2000/29/EC, Member States shall be authorised to allow for the introduction into their territory of bark-free sawn wood of Quercus L. originating in the United and covered by one of the CN codes and the descriptions set out in Section I(6) of Part B of Annex V to that Directive without being accompanied by a phytosanitary certificate, provided that such wood complies with the conditions set out in the Annex to this Decision.’;

Quercus

| (2) | in Article 3, the date ‘30 November 2016’ is replaced by the date ‘31 December 2026’. |
| --- | --- |

(2)

in Article 3, the date ‘30 November 2016’ is replaced by the date ‘31 December 2026’.

Article 2

Addressees

This Decision is addressed to the Member States.

Done at Brussels, 14 November 2016.

For the Commission

Vytenis ANDRIUKAITIS

Member of the Commission

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(1)  
  OJ L 169, 10.7.2000, p. 1.

1

(2)  Commission Implementing Decision 2013/780/EU of 18 December 2013 providing for a derogation from Article 13(1)(ii) of Council Directive 2000/29/EC in respect of bark-free sawn wood of Quercus L., Platanus L. and Acer saccharum Marsh. originating in the United States of America (OJ L 346, 20.12.2013, p. 61).

2

Quercus

Platanus

Acer saccharum

(3)  Commission Implementing Decision (EU) 2015/893 of 9 June 2015 as regards measures to prevent the introduction into and the spread within the Union of Anoplophora glabripennis (Motschulsky) (OJ L 146, 11.6.2015, p. 16).

3

Anoplophora glabripennis

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