# Official Journal L 162/2013

| | ISSN 1977-0677
  doi:10.3000/19770677.L_2013.162.eng |
| --- | --- |
| Official Journal
  of the European Union | L 162 |
| | |
| English edition | Legislation | Volume 5614 June 2013 |

ISSN 1977-0677

doi:10.3000/19770677.L_2013.162.eng

Official Journal

of the European Union

L 162

English edition

Legislation

Volume 5614 June 2013

---

| Contents | | II   Non-legislative acts | page |
| --- | --- | --- | --- |
| | | INTERNATIONAL AGREEMENTS |
| | | 2013/285/EU |
| | * | Council Decision of 10 June 2013 establishing the European Union position within the Council for TRIPS of the World Trade Organisation on the request for an extension of the transition period under paragraph 1 of Article 66 of the TRIPS Agreement for least-developed country Members | 1 |
| | | REGULATIONS |
| | * | Commission Implementing Regulation (EU) No 540/2013 of 11 June 2013 concerning the classification of certain goods in the Combined Nomenclature | 3 |
| | | Commission Implementing Regulation (EU) No 541/2013 of 13 June 2013 establishing the standard import values for determining the entry price of certain fruit and vegetables | 5 |
| | | Commission Implementing Regulation (EU) No 542/2013 of 13 June 2013 on the minimum customs duty for sugar to be fixed in response to the fourth partial invitation to tender within the tendering procedure opened by Implementing Regulation (EU) No 36/2013 | 7 |
| | | DECISIONS |
| | | 2013/286/EU |
| | * | Council Decision of 17 May 2013 designating the European Capital of Culture for the year 2017 in Denmark and in Cyprus and the European Capital of Culture for the year 2018 in Malta | 9 |
| | | 2013/287/EU |
| | * | Commission Implementing Decision of 13 June 2013 amending Implementing Decision 2011/884/EU on emergency measures regarding unauthorised genetically modified rice in rice products originating from China (
  1
  ) | 10 |

Contents

II   Non-legislative acts

page

INTERNATIONAL AGREEMENTS

2013/285/EU

*

Council Decision of 10 June 2013 establishing the European Union position within the Council for TRIPS of the World Trade Organisation on the request for an extension of the transition period under paragraph 1 of Article 66 of the TRIPS Agreement for least-developed country Members

1

REGULATIONS

*

Commission Implementing Regulation (EU) No 540/2013 of 11 June 2013 concerning the classification of certain goods in the Combined Nomenclature

3

Commission Implementing Regulation (EU) No 541/2013 of 13 June 2013 establishing the standard import values for determining the entry price of certain fruit and vegetables

5

Commission Implementing Regulation (EU) No 542/2013 of 13 June 2013 on the minimum customs duty for sugar to be fixed in response to the fourth partial invitation to tender within the tendering procedure opened by Implementing Regulation (EU) No 36/2013

7

DECISIONS

2013/286/EU

*

Council Decision of 17 May 2013 designating the European Capital of Culture for the year 2017 in Denmark and in Cyprus and the European Capital of Culture for the year 2018 in Malta

9

2013/287/EU

*

Commission Implementing Decision of 13 June 2013 amending Implementing Decision 2011/884/EU on emergency measures regarding unauthorised genetically modified rice in rice products originating from China (
  1
  )

1

10

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

*

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

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

s3

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

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(1)   Text with EEA relevance

1

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

EN

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

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

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II Non-legislative acts

INTERNATIONAL AGREEMENTS

| 14.6.2013 | EN | Official Journal of the European Union | L 162/1 |
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14.6.2013

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Official Journal of the European Union

L 162/1

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COUNCIL DECISION

of 10 June 2013

establishing the European Union position within the Council for TRIPS of the World Trade Organisation on the request for an extension of the transition period under paragraph 1 of Article 66 of the TRIPS Agreement for least-developed country Members

(2013/285/EU)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union, and in particular Article 207(4) and Article 218(9) thereof,

Having regard to the proposal from the European Commission,

Whereas:

| (1) | On 5 November 2012 Haiti, on behalf of the least-developed country Members (LDCs) group, formally requested an extension to the transition period for the implementation of the World Trade Organisation’s (WTO) Agreement on Trade-Related Aspects of Intellectual Property Rights (the TRIPS Agreement), pursuant to paragraph 1 of Article 66 of that Agreement. |
| --- | --- |

(1)

On 5 November 2012 Haiti, on behalf of the least-developed country Members (LDCs) group, formally requested an extension to the transition period for the implementation of the World Trade Organisation’s (WTO) Agreement on Trade-Related Aspects of Intellectual Property Rights (the TRIPS Agreement), pursuant to paragraph 1 of Article 66 of that Agreement.

| (2) | The existing transition period, as agreed in the decision of the Council for TRIPS of 29 November 2005 was due to expire on 1 July 2013. |
| --- | --- |

(2)

The existing transition period, as agreed in the decision of the Council for TRIPS of 29 November 2005 was due to expire on 1 July 2013.

| (3) | Paragraph 1 of Article 66 of the TRIPS Agreement provides that the Council for TRIPS ‘shall, upon duly motivated request by a least-developed country Member, accord extensions of this period’. |
| --- | --- |

(3)

Paragraph 1 of Article 66 of the TRIPS Agreement provides that the Council for TRIPS ‘shall, upon duly motivated request by a least-developed country Member, accord extensions of this period’.

| (4) | The leveraging and protection of intellectual property is a key factor in promoting socioeconomic growth, as recognised by ministers at the Regional Preparatory Meeting for Africa in Dar es Salaam in March 2013 ahead of the Annual Ministerial Review of the United Nations Economic and Social Council, which called for the redoubling of efforts to develop a legal and policy framework for e.g. intellectual property. |
| --- | --- |

(4)

The leveraging and protection of intellectual property is a key factor in promoting socioeconomic growth, as recognised by ministers at the Regional Preparatory Meeting for Africa in Dar es Salaam in March 2013 ahead of the Annual Ministerial Review of the United Nations Economic and Social Council, which called for the redoubling of efforts to develop a legal and policy framework for e.g. intellectual property.

| (5) | LDCs have progressed at different paces and to different extents in their implementation of the TRIPS Agreement. |
| --- | --- |

(5)

LDCs have progressed at different paces and to different extents in their implementation of the TRIPS Agreement.

| (6) | Technical and financial assistance, its efficiency and proper coordination, plays an important role in implementation of the TRIPS Agreement. |
| --- | --- |

(6)

Technical and financial assistance, its efficiency and proper coordination, plays an important role in implementation of the TRIPS Agreement.

| (7) | Valuable steps have already been taken in the field of intellectual property by a number of LDCs, but it remains the case that LDCs have special needs and requirements and continue to face economic, financial and administrative constraints, therefore they need flexibility and further time to implement the TRIPS Agreement. |
| --- | --- |

(7)

Valuable steps have already been taken in the field of intellectual property by a number of LDCs, but it remains the case that LDCs have special needs and requirements and continue to face economic, financial and administrative constraints, therefore they need flexibility and further time to implement the TRIPS Agreement.

| (8) | Accordingly, it is necessary to extend the transition period for implementation of the TRIPS Agreement for LDCs, |
| --- | --- |

(8)

Accordingly, it is necessary to extend the transition period for implementation of the TRIPS Agreement for LDCs,

HAS ADOPTED THIS DECISION:

Article 1

1.   The position to be taken by the European Union within the Council for TRIPS of the World Trade Organisation on the request for an extension of the transition period under paragraph 1 of Article 66 of the TRIPS Agreement for LDCs is that LDCs shall not be required to apply the provisions of the TRIPS Agreement, other than Articles 3, 4 and 5, for a period to be agreed by consensus by WTO members, or until the date on which they cease to be a least-developed country Member, whichever date is earlier.

2.   During that extension period, LDCs shall not decrease their existing level of intellectual property protection below the standards set by the TRIPS Agreement. This Decision is without prejudice to the decision of the Council for TRIPS of 27 June 2002 on ‘Extension of the Transition Period under Article 66.1 of the TRIPS Agreement for Least-Developed Country Members for Certain Obligations with Respect to Pharmaceutical Products’.

3.   Additionally, during that extension period, proper consideration shall be given to and analysis made of the varying levels of implementation of the TRIPS Agreement and needs identified across LDCs, and how technical assistance and capacity building programmes can be more effectively coordinated, used and assessed, with primary focus on those areas of most immediate utility to enable a gradual integration process.

Article 2

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

Done at Brussels, 10 June 2013.

For the Council

The President

E. GILMORE

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REGULATIONS

| 14.6.2013 | EN | Official Journal of the European Union | L 162/3 |
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14.6.2013

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Official Journal of the European Union

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COMMISSION IMPLEMENTING REGULATION (EU) No 540/2013

of 11 June 2013

concerning the classification of certain goods in the Combined Nomenclature

THE EUROPEAN COMMISSION,

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

Having regard to Council Regulation (EEC) No 2658/87 of 23 July 1987 on the tariff and statistical nomenclature and on the Common Customs Tariff (1), and in particular Article 9(1)(a) thereof,

Whereas:

| (1) | In order to ensure uniform application of the Combined Nomenclature annexed to Regulation (EEC) No 2658/87, it is necessary to adopt measures concerning the classification of the goods referred to in the Annex to this Regulation. |
| --- | --- |

(1)

In order to ensure uniform application of the Combined Nomenclature annexed to Regulation (EEC) No 2658/87, it is necessary to adopt measures concerning the classification of the goods referred to in the Annex to this Regulation.

| (2) | Regulation (EEC) No 2658/87 has laid down the general rules for the interpretation of the Combined Nomenclature. Those rules apply also to any other nomenclature which is wholly or partly based on it or which adds any additional subdivision to it and which is established by specific provisions of the Union, with a view to the application of tariff and other measures relating to trade in goods. |
| --- | --- |

(2)

Regulation (EEC) No 2658/87 has laid down the general rules for the interpretation of the Combined Nomenclature. Those rules apply also to any other nomenclature which is wholly or partly based on it or which adds any additional subdivision to it and which is established by specific provisions of the Union, with a view to the application of tariff and other measures relating to trade in goods.

| (3) | Pursuant to those general rules, the goods described in column (1) of the table set out in the Annex should be classified under the CN code indicated in column (2), by virtue of the reasons set out in column (3) of that table. |
| --- | --- |

(3)

Pursuant to those general rules, the goods described in column (1) of the table set out in the Annex should be classified under the CN code indicated in column (2), by virtue of the reasons set out in column (3) of that table.

| (4) | It is appropriate to provide that binding tariff information which has been issued by the customs authorities of Member States in respect of the classification of goods in the Combined Nomenclature but which is not in accordance with this Regulation can, for a period of three months, continue to be invoked by the holder, under Article 12(6) of Council Regulation (EEC) No 2913/92 of 12 October 1992 establishing the Community Customs Code (2). |
| --- | --- |

(4)

It is appropriate to provide that binding tariff information which has been issued by the customs authorities of Member States in respect of the classification of goods in the Combined Nomenclature but which is not in accordance with this Regulation can, for a period of three months, continue to be invoked by the holder, under Article 12(6) of Council Regulation (EEC) No 2913/92 of 12 October 1992 establishing the Community Customs Code (2).

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

(5)

The measures provided for in this Regulation are in accordance with the opinion of the Customs Code Committee,

HAS ADOPTED THIS REGULATION:

Article 1

The goods described in column (1) of the table set out in the Annex shall be classified within the Combined Nomenclature under the CN code indicated in column (2) of that table.

Article 2

Binding tariff information issued by the customs authorities of Member States, which is not in accordance with this Regulation, can continue to be invoked for a period of three months under Article 12(6) of Regulation (EEC) No 2913/92.

Article 3

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

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

Done at Brussels, 11 June 2013.

For the Commission, On behalf of the President,

Algirdas ŠEMETA

Member of the Commission

---

(1)  
  OJ L 256, 7.9.1987, p. 1.

1

(2)  
  OJ L 302, 19.10.1992, p. 1.

2

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ANNEX

| Description of the goods | Classification
  (CN code) | Reasons |
| --- | --- | --- |
| (1) | (2) | (3) |
| A screw made of stainless steel, measuring approximately 2 cm.
  The head of the screw comprises a recessed socket drive.
  The shank has a partial thread of a regular form. The pointed tip has a notch and it is not bifurcated.
  The article is designed for use in wood and wood panels.

   (*1) See image. | 7318 12 10 | Classification is determined by General Rules 1 and 6 for the interpretation of the Combined Nomenclature and by the wording of CN codes 7318 , 7318 12 and 7318 12 10 .
  Given its characteristics (partially threaded shank, notch at the end of the pointed tip and no bifurcation), the article is specifically designed to bite its way into wood. The article is therefore considered to be a wood screw falling under subheading 7318 12 .
  The article is therefore to be classified under CN code 7318 12 10 as a wood screw of stainless steel. |

Description of the goods

Classification

(CN code)

Reasons

(1)

(2)

(3)

A screw made of stainless steel, measuring approximately 2 cm.

The head of the screw comprises a recessed socket drive.

The shank has a partial thread of a regular form. The pointed tip has a notch and it is not bifurcated.

The article is designed for use in wood and wood panels.

(*1) See image.

7318 12 10

Classification is determined by General Rules 1 and 6 for the interpretation of the Combined Nomenclature and by the wording of CN codes 7318 , 7318 12 and 7318 12 10 .

Given its characteristics (partially threaded shank, notch at the end of the pointed tip and no bifurcation), the article is specifically designed to bite its way into wood. The article is therefore considered to be a wood screw falling under subheading 7318 12 .

The article is therefore to be classified under CN code 7318 12 10 as a wood screw of stainless steel.

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(*1)  The image is purely for information.

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| 14.6.2013 | EN | Official Journal of the European Union | L 162/5 |
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14.6.2013

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Official Journal of the European Union

L 162/5

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COMMISSION IMPLEMENTING REGULATION (EU) No 541/2013

of 13 June 2013

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

THE EUROPEAN COMMISSION,

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

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

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

Whereas:

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

(1)

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

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

(2)

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

HAS ADOPTED THIS REGULATION:

Article 1

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

Article 2

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

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

Done at Brussels, 13 June 2013.

For the Commission, On behalf of the President,

Jerzy PLEWA

Director-General for Agriculture and Rural Development

---

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

1

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

2

---

ANNEX

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

| (EUR/100 kg) |
| --- |
| CN code | Third country code (1) | Standard import value |
| 0702 00 00 | MK | 55,8 |
| TN | 30,0 |
| TR | 69,6 |
| ZZ | 51,8 |
| 0707 00 05 | EG | 172,5 |
| MK | 28,7 |
| TR | 142,5 |
| ZZ | 114,6 |
| 0709 93 10 | TR | 142,7 |
| ZZ | 142,7 |
| 0805 50 10 | AR | 103,9 |
| TR | 115,2 |
| ZA | 114,0 |
| ZZ | 111,0 |
| 0808 10 80 | AR | 152,2 |
| BR | 108,3 |
| CL | 127,0 |
| CN | 96,2 |
| NZ | 138,5 |
| US | 161,5 |
| ZA | 111,2 |
| ZZ | 127,8 |
| 0809 10 00 | IL | 342,4 |
| TR | 198,3 |
| ZZ | 270,4 |
| 0809 29 00 | TR | 408,9 |
| US | 752,9 |
| ZZ | 580,9 |
| 0809 30 | IL | 214,0 |
| MA | 207,9 |
| TR | 196,9 |
| ZZ | 206,3 |
| 0809 40 05 | CL | 118,6 |
| IL | 308,9 |
| ZZ | 213,8 |

(EUR/100 kg)

CN code

Third country code (1)

Standard import value

0702 00 00

MK

55,8

TN

30,0

TR

69,6

ZZ

51,8

0707 00 05

EG

172,5

MK

28,7

TR

142,5

ZZ

114,6

0709 93 10

TR

142,7

ZZ

142,7

0805 50 10

AR

103,9

TR

115,2

ZA

114,0

ZZ

111,0

0808 10 80

AR

152,2

BR

108,3

CL

127,0

CN

96,2

NZ

138,5

US

161,5

ZA

111,2

ZZ

127,8

0809 10 00

IL

342,4

TR

198,3

ZZ

270,4

0809 29 00

TR

408,9

US

752,9

ZZ

580,9

0809 30

IL

214,0

MA

207,9

TR

196,9

ZZ

206,3

0809 40 05

CL

118,6

IL

308,9

ZZ

213,8

---

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

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| 14.6.2013 | EN | Official Journal of the European Union | L 162/7 |
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14.6.2013

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Official Journal of the European Union

L 162/7

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COMMISSION IMPLEMENTING REGULATION (EU) No 542/2013

of 13 June 2013

on the minimum customs duty for sugar to be fixed in response to the fourth partial invitation to tender within the tendering procedure opened by Implementing Regulation (EU) No 36/2013

THE EUROPEAN COMMISSION,

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

Having regard to Council Regulation (EC) No 1234/2007 of 22 October 2007 establishing a common organisation of agricultural markets and on specific provisions for certain agricultural products (Single CMO Regulation) (1), and in particular Article 186, in conjunction with Article 4 thereof,

Whereas:

| (1) | Commission Implementing Regulation (EU) No 36/2013 (2) opened a standing invitation to tender for the 2012/2013 marketing year for imports of sugar of CN codes 1701 14 10 and 1701 99 10 at a reduced customs duty. |
| --- | --- |

(1)

Commission Implementing Regulation (EU) No 36/2013 (2) opened a standing invitation to tender for the 2012/2013 marketing year for imports of sugar of CN codes 1701 14 10 and 1701 99 10 at a reduced customs duty.

| (2) | In accordance with Article 6 of Implementing Regulation (EU) No 36/2013, the Commission is to decide, in the light of the tenders received in response to a partial invitation to tender, either to fix a minimum customs duty or not to fix a minimum customs duty per eight digit CN code. |
| --- | --- |

(2)

In accordance with Article 6 of Implementing Regulation (EU) No 36/2013, the Commission is to decide, in the light of the tenders received in response to a partial invitation to tender, either to fix a minimum customs duty or not to fix a minimum customs duty per eight digit CN code.

| (3) | On the basis of the tenders received for the fourth partial invitation to tender, a minimum customs duty should be fixed for sugar falling within CN codes 1701 14 10 and 1701 99 10. |
| --- | --- |

(3)

On the basis of the tenders received for the fourth partial invitation to tender, a minimum customs duty should be fixed for sugar falling within CN codes 1701 14 10 and 1701 99 10.

| (4) | In order to give a rapid signal to the market and to ensure efficient management of the measure, this Regulation should enter into force on the day of its publication in the Official Journal of the European Union. |
| --- | --- |

(4)

In order to give a rapid signal to the market and to ensure efficient management of the measure, this Regulation should enter into force on the day of its publication in the Official Journal of the European Union.

| (5) | The Management Committee for the Common Organisation of Agricultural Markets has not delivered an opinion within the time limit set by its Chair, |
| --- | --- |

(5)

The Management Committee for the Common Organisation of Agricultural Markets has not delivered an opinion within the time limit set by its Chair,

HAS ADOPTED THIS REGULATION:

Article 1

For the fourth partial invitation to tender within the tendering procedure opened by Implementing Regulation (EU) No 36/2013, in respect of which the time limit for the submission of tenders expired on 12 June 2013, a minimum customs duty has been fixed as set out in the Annex to this Regulation for sugar falling within CN codes 1701 14 10 and 1701 99 10.

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, 13 June 2013.

For the Commission, On behalf of the President,

Jerzy PLEWA

Director-General for Agriculture and Rural Development

---

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

1

(2)  
  OJ L 16, 19.1.2013, p. 7.

2

---

ANNEX

Minimum customs duties

| (EUR/tonne) |
| --- |
| Eight digit CN code | Minimum customs duty |
| 1 | 2 |
| 1701 14 10 | 141,10 |
| 1701 99 10 | 161,00 |
| (—) | no minimum customs duty fixed (all offers rejected) |

(EUR/tonne)

Eight digit CN code

Minimum customs duty

1

2

1701 14 10

141,10

1701 99 10

161,00

(—)

no minimum customs duty fixed (all offers rejected)

| (X) | no offers |
| --- | --- |

(X)

no offers

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DECISIONS

| 14.6.2013 | EN | Official Journal of the European Union | L 162/9 |
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14.6.2013

EN

Official Journal of the European Union

L 162/9

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COUNCIL DECISION

of 17 May 2013

designating the European Capital of Culture for the year 2017 in Denmark and in Cyprus and the European Capital of Culture for the year 2018 in Malta

(2013/286/EU)

THE COUNCIL OF THE EUROPEAN UNION,

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

Having regard to Decision No 1622/2006/EC of the European Parliament and of the Council of 24 October 2006 establishing a Community action for the European Capital of Culture event for the years 2007 to 2019 (1), and in particular Article 9(3) thereof,

Having regard to the recommendation from the European Commission,

Having regard to the selection panel reports of September 2012 regarding the selection process of the European Capitals of Culture in Denmark and Cyprus,

Having regard to the selection panel report of November 2012 regarding the selection process of the European Capital of Culture in Malta,

Whereas:

Considering that the criteria referred to in Article 4 of Decision No 1622/2006/EC are entirely fulfilled,

HAS ADOPTED THIS DECISION:

Article 1

Aarhus and Paphos are designated as ‘European Capital of Culture 2017’ respectively in Denmark and Cyprus.

Valletta is designated as ‘European Capital of Culture 2018’ in Malta.

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, 17 May 2013.

For the Council

The President

R. QUINN

---

(1)  
  OJ L 304, 3.11.2006, p. 1.

1

---

| 14.6.2013 | EN | Official Journal of the European Union | L 162/10 |
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14.6.2013

EN

Official Journal of the European Union

L 162/10

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COMMISSION IMPLEMENTING DECISION

of 13 June 2013

amending Implementing Decision 2011/884/EU on emergency measures regarding unauthorised genetically modified rice in rice products originating from China

(Text with EEA relevance)

(2013/287/EU)

THE EUROPEAN COMMISSION,

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

Having regard to Regulation (EC) No 178/2002 of the European Parliament and of the Council of 28 January 2002 laying down the general principles and requirements of food law, establishing the European Food Safety Authority and laying down procedures in matters of food safety (1), and in particular Article 53(1) thereof,

Whereas:

| (1) | Commission Implementing Decision 2011/884/EU of 22 December 2011 on emergency measures regarding unauthorised genetically modified rice in rice products originating from China and repealing Decision 2008/289/EC (2) provides for a review of the emergency measures provided therein in order to assess whether they continue to be necessary and adapted to the objective pursued. |
| --- | --- |

(1)

Commission Implementing Decision 2011/884/EU of 22 December 2011 on emergency measures regarding unauthorised genetically modified rice in rice products originating from China and repealing Decision 2008/289/EC (2) provides for a review of the emergency measures provided therein in order to assess whether they continue to be necessary and adapted to the objective pursued.

| (2) | Since the entry into force of Implementing Decision 2011/884/EU, there have been 56 notifications from Member States to the Rapid Alert System for Food and Feed (RASFF) as established by Regulation (EC) No 178/2002 concerning unauthorised genetically modified rice in rice products originating from China. Under those conditions, the emergency measures set out in Implementing Decision 2011/884/EU have to be maintained in order to prevent the placing on the market of genetically modified food and feed which is not covered by an authorisation granted in accordance with Regulation (EC) No 1829/2003 of the European Parliament and of the Council (3). |
| --- | --- |

(2)

Since the entry into force of Implementing Decision 2011/884/EU, there have been 56 notifications from Member States to the Rapid Alert System for Food and Feed (RASFF) as established by Regulation (EC) No 178/2002 concerning unauthorised genetically modified rice in rice products originating from China. Under those conditions, the emergency measures set out in Implementing Decision 2011/884/EU have to be maintained in order to prevent the placing on the market of genetically modified food and feed which is not covered by an authorisation granted in accordance with Regulation (EC) No 1829/2003 of the European Parliament and of the Council (3).

| (3) | From the experience gained by Member States in Implementing Decision 2011/884/EU and from information collected from stakeholders by the Commission, it appears also necessary to adjust some of the requirements set out in that Decision. |
| --- | --- |

(3)

From the experience gained by Member States in Implementing Decision 2011/884/EU and from information collected from stakeholders by the Commission, it appears also necessary to adjust some of the requirements set out in that Decision.

| (4) | In particular, official controls carried out by the Member States have shown that other products which may contain rice should be added to the scope of Implementing Decision 2011/884/EU. The possibility for the competent authorities to carry out physical checks on other products should also be provided. |
| --- | --- |

(4)

In particular, official controls carried out by the Member States have shown that other products which may contain rice should be added to the scope of Implementing Decision 2011/884/EU. The possibility for the competent authorities to carry out physical checks on other products should also be provided.

| (5) | In addition, some Member States have highlighted during the review process that the requirements set out in Implementing Decision 2011/884/EU as regards the prior notification of consignments are not fully aligned with the requirements provided for in Commission Regulation (EC) No 669/2009 of 24 July 2009 implementing Regulation (EC) No 882/2004 of the European Parliament and of the Council as regards the increased level of official controls on imports of certain feed and food of non-animal origin and amending Decision 2006/504/EC (4) and, where applicable, in Commission Regulation (EC) No 136/2004 of 22 January 2004 laying down procedures for veterinary checks at Community border inspection posts on products imported from third countries (5). Regulation (EC) No 669/2009 provides the obligation for the feed and food business operators to complete Part 1 of the common entry document detailed in its Annex II when importing feed and food of non-animal origin covered in that Regulation. Similarly, Regulation (EC) No 136/2004 provides for an obligation to complete the common veterinary entry document detailed in its Annex III when importing products falling under the scope of that Regulation. In view of improving the efficiency of official controls, it is therefore appropriate to align the requirements on prior notification set out in Implementing Decision 2011/884/EU with those set in Regulation (EC) No 669/2009 and, where applicable, in Regulation (EC) No 136/2004. To avoid misunderstanding, it should also be detailed in that Decision that prior notifications should be addressed to the competent authorities at the Border Inspection Post or at the designated point of entry. |
| --- | --- |

(5)

In addition, some Member States have highlighted during the review process that the requirements set out in Implementing Decision 2011/884/EU as regards the prior notification of consignments are not fully aligned with the requirements provided for in Commission Regulation (EC) No 669/2009 of 24 July 2009 implementing Regulation (EC) No 882/2004 of the European Parliament and of the Council as regards the increased level of official controls on imports of certain feed and food of non-animal origin and amending Decision 2006/504/EC (4) and, where applicable, in Commission Regulation (EC) No 136/2004 of 22 January 2004 laying down procedures for veterinary checks at Community border inspection posts on products imported from third countries (5). Regulation (EC) No 669/2009 provides the obligation for the feed and food business operators to complete Part 1 of the common entry document detailed in its Annex II when importing feed and food of non-animal origin covered in that Regulation. Similarly, Regulation (EC) No 136/2004 provides for an obligation to complete the common veterinary entry document detailed in its Annex III when importing products falling under the scope of that Regulation. In view of improving the efficiency of official controls, it is therefore appropriate to align the requirements on prior notification set out in Implementing Decision 2011/884/EU with those set in Regulation (EC) No 669/2009 and, where applicable, in Regulation (EC) No 136/2004. To avoid misunderstanding, it should also be detailed in that Decision that prior notifications should be addressed to the competent authorities at the Border Inspection Post or at the designated point of entry.

| (6) | Sampling methodologies play a crucial role in obtaining representative and comparable results. Annex II to Implementing Decision 2011/884/EU defines a common protocol for sampling and analysis for the control of the absence of genetically modified rice. Experience to date has shown that the majority of imports covered by the Decision are processed products. In such cases the presence of unauthorised genetically modified rice is expected to be distributed homogenously throughout the lot. In the light of those elements, it appears necessary to add an additional sampling protocol more appropriate for such products. |
| --- | --- |

(6)

Sampling methodologies play a crucial role in obtaining representative and comparable results. Annex II to Implementing Decision 2011/884/EU defines a common protocol for sampling and analysis for the control of the absence of genetically modified rice. Experience to date has shown that the majority of imports covered by the Decision are processed products. In such cases the presence of unauthorised genetically modified rice is expected to be distributed homogenously throughout the lot. In the light of those elements, it appears necessary to add an additional sampling protocol more appropriate for such products.

| (7) | It is necessary to provide a new transitional period for the application of the new provisions contained in this Decision in order to let food and feed business operators time to adapt to the new situation created by this Decision. |
| --- | --- |

(7)

It is necessary to provide a new transitional period for the application of the new provisions contained in this Decision in order to let food and feed business operators time to adapt to the new situation created by this Decision.

| (8) | The situation concerning the possible contamination of rice products with unauthorised genetically modified rice lines should continue to be reviewed regularly in order to assess whether the measures provided for in this Decision are still necessary and adapted to the objective pursued and to ensure that it takes into account new scientific and technical developments. |
| --- | --- |

(8)

The situation concerning the possible contamination of rice products with unauthorised genetically modified rice lines should continue to be reviewed regularly in order to assess whether the measures provided for in this Decision are still necessary and adapted to the objective pursued and to ensure that it takes into account new scientific and technical developments.

| (9) | The measures provided for in this Decision are in accordance with the opinion of the Standing Committee on the Food Chain and Animal Health, |
| --- | --- |

(9)

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

HAS ADOPTED THIS DECISION:

Article 1

Implementing Decision 2011/884/EU is amended as follows:

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

  ‘Article 1
  Scope

  1.   The Decision shall apply to products originating in or consigned from China listed in Annex I.


  2.   Member States may carry out random physical checks in accordance with Annex II to this Decision on food and feed originating in or consigned from China other than those mentioned in paragraph 1 but which may consist, contain or be produced from rice, in order to ensure compliance with Articles 4(3) and 16(3) of Regulation (EC) No 1829/2003.


  3.   This Decision shall not apply to consignments of food and feed referred to in paragraph 1 which are destined to a private person for personal consumption and use only. In case of doubt, the burden of proof lies with the recipient of the consignment.’; |
| --- | --- |

(1)

Article 1 is replaced by the following:

‘Article 1

Scope

1.   The Decision shall apply to products originating in or consigned from China listed in Annex I.

2.   Member States may carry out random physical checks in accordance with Annex II to this Decision on food and feed originating in or consigned from China other than those mentioned in paragraph 1 but which may consist, contain or be produced from rice, in order to ensure compliance with Articles 4(3) and 16(3) of Regulation (EC) No 1829/2003.

3.   This Decision shall not apply to consignments of food and feed referred to in paragraph 1 which are destined to a private person for personal consumption and use only. In case of doubt, the burden of proof lies with the recipient of the consignment.’;

| (2) | Article 3 is replaced by the following:

  ‘Article 3
  Prior notification

  1.   Feed and food business operators or their representatives shall give adequate prior notification of the estimated date and time of the physical arrival of the consignment and of the nature of the consignment to the competent authorities at the Border Inspection Post or at the Designated Point of Entry as appropriate. Operators shall also indicate the designation of the product as to whether it is food or feed.


  2.   For that purpose, they shall complete the relevant parts of the common entry document (CED) referred to in Annex II to Regulation (EC) No 669/2009, or the common veterinary entry document (CVED), as provided for in Article 2 of Commission Regulation (EC) No 136/2004 (*1), and transmit that document to the competent authority at the Border Inspection Post or at the Designated Point of Entry as appropriate, at least one working day prior to the physical arrival of the consignment.


  3.   Paragraphs 1 and 2 shall not apply to products referred to in Annex I which are not containing, consisting or produced from rice.



  (*1)  
  OJ L 21, 28.1.2004, p. 11.’;" |
| --- | --- |

(2)

Article 3 is replaced by the following:

‘Article 3

Prior notification

1.   Feed and food business operators or their representatives shall give adequate prior notification of the estimated date and time of the physical arrival of the consignment and of the nature of the consignment to the competent authorities at the Border Inspection Post or at the Designated Point of Entry as appropriate. Operators shall also indicate the designation of the product as to whether it is food or feed.

2.   For that purpose, they shall complete the relevant parts of the common entry document (CED) referred to in Annex II to Regulation (EC) No 669/2009, or the common veterinary entry document (CVED), as provided for in Article 2 of Commission Regulation (EC) No 136/2004 (*1), and transmit that document to the competent authority at the Border Inspection Post or at the Designated Point of Entry as appropriate, at least one working day prior to the physical arrival of the consignment.

3.   Paragraphs 1 and 2 shall not apply to products referred to in Annex I which are not containing, consisting or produced from rice.

(*1)  
  OJ L 21, 28.1.2004, p. 11.’;"

*1

| (3) | paragraphs 1 and 2 of Article 4 are replaced by the following:

  ‘1.   Each consignment of product referred to in Article 1 shall be accompanied by an analytical report for each lot, and by a health certificate in accordance with the models set out in Annexes III and IV, completed, signed and verified by an authorised representative of the “Entry Exit Inspection and Quarantine Bureau of the People’s Republic of China” (AQSIQ). The analytical report and the health certificate shall be drawn up in an official language of the Member State of import, or in another language that the competent authorities of that Member State have decided to accept.


  2.   Where a product referred to in Annex I does not contain, consist of or is not produced from rice, the analytical report and the health certificate may be replaced by a statement from the operator responsible for the consignment indicating that the food or feed does not contain, consist or is produced from rice. This statement shall be drawn up in an official language of the Member State of import, or in another language that the competent authorities of that Member State have decided to accept.’; |
| --- | --- |

(3)

paragraphs 1 and 2 of Article 4 are replaced by the following:

‘1.   Each consignment of product referred to in Article 1 shall be accompanied by an analytical report for each lot, and by a health certificate in accordance with the models set out in Annexes III and IV, completed, signed and verified by an authorised representative of the “Entry Exit Inspection and Quarantine Bureau of the People’s Republic of China” (AQSIQ). The analytical report and the health certificate shall be drawn up in an official language of the Member State of import, or in another language that the competent authorities of that Member State have decided to accept.

2.   Where a product referred to in Annex I does not contain, consist of or is not produced from rice, the analytical report and the health certificate may be replaced by a statement from the operator responsible for the consignment indicating that the food or feed does not contain, consist or is produced from rice. This statement shall be drawn up in an official language of the Member State of import, or in another language that the competent authorities of that Member State have decided to accept.’;

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

  ‘Article 5
  Official controls

  1.   Each consignment of products referred to in Article 1 is subject to documentary checks to ensure that the import conditions provided for in Article 4 are complied with.


  2.   Where a consignment of products other than those described in Article 4(2) is not accompanied by a health certificate and the analytical report provided for in Article 4, the consignment shall be re-dispatched to the country of origin or destroyed.


  3.   Where a consignment is accompanied by the health certificate and the analytical report provided for in Article 4 the competent authority shall take a sample for analysis in accordance with Annex II for the presence of unauthorised GMOs with a frequency of 100 %. If the consignment consists of several lots, each lot shall be submitted to sampling and analysis.


  4.   The competent authority may authorise onward transportation of the consignment pending the results of the physical checks. In such a case the consignment shall remain under the continuous control of the competent authorities pending the results of the physical checks.


  5.   After completion of the checks provided for in paragraphs 1 to 4, the competent authority shall:






  (a) | complete the relevant part of Part II of the CED or, where appropriate, the CVED; and the responsible official of the competent authority shall stamp and sign the original of that document.
  The CED or, where appropriate the CVED, can be completed only when the result of the analysis referred to in paragraph 3 is available; |
| --- | --- | --- |

(4)

Article 5 is replaced by the following:

‘Article 5

Official controls

1.   Each consignment of products referred to in Article 1 is subject to documentary checks to ensure that the import conditions provided for in Article 4 are complied with.

2.   Where a consignment of products other than those described in Article 4(2) is not accompanied by a health certificate and the analytical report provided for in Article 4, the consignment shall be re-dispatched to the country of origin or destroyed.

3.   Where a consignment is accompanied by the health certificate and the analytical report provided for in Article 4 the competent authority shall take a sample for analysis in accordance with Annex II for the presence of unauthorised GMOs with a frequency of 100 %. If the consignment consists of several lots, each lot shall be submitted to sampling and analysis.

4.   The competent authority may authorise onward transportation of the consignment pending the results of the physical checks. In such a case the consignment shall remain under the continuous control of the competent authorities pending the results of the physical checks.

5.   After completion of the checks provided for in paragraphs 1 to 4, the competent authority shall:

(a)

complete the relevant part of Part II of the CED or, where appropriate, the CVED; and the responsible official of the competent authority shall stamp and sign the original of that document.

The CED or, where appropriate the CVED, can be completed only when the result of the analysis referred to in paragraph 3 is available;

| (b) | make and retain a copy of the signed and stamped CED or, where appropriate, CVED.
  The original of the CED or, where appropriate, the CVED shall accompany the consignment on its onward transport until it reaches its destination as indicated in the CED or the CVED. |
| --- | --- |

(b)

make and retain a copy of the signed and stamped CED or, where appropriate, CVED.

The original of the CED or, where appropriate, the CVED shall accompany the consignment on its onward transport until it reaches its destination as indicated in the CED or the CVED.

6.   The release for free circulation of consignments shall only be allowed when, following sampling and analyses performed in accordance with Annex II, all lots of that consignment are considered compliant with Union Law. This requirement also applies to consignments tested in accordance with Article 1(2).’;

| (5) | Article 9 is replaced by the following:

  ‘Article 9
  Transitional provisions
  Until 5 August 2013, Member States shall authorise the imports of consignments of products referred to in Article 1(1) with the exception of the products of Annex I corresponding to Combined Nomenclature Codes 1905 90 60, 1905 90 90 and 2103 90 90, which have physically arrived in the Union before 4 July 2013, even if the CED has not been transmitted to the competent authority at least one working day prior to the physical arrival of the consignment as required by Article 3(2), provided that the other requirements set out in Article 3 are met.
  Until 5 October 2013, Member States shall authorise the imports of consignments of products corresponding in Annex I to Combined Nomenclature Codes 1905 90 60, 1905 90 90 and 2103 90 90, which do not meet the conditions referred to in Articles 3 and 4, provided that the competent authority has conducted sampling and analysis in accordance with Article 5(3).’; |
| --- | --- |

(5)

Article 9 is replaced by the following:

‘Article 9

Transitional provisions

Until 5 August 2013, Member States shall authorise the imports of consignments of products referred to in Article 1(1) with the exception of the products of Annex I corresponding to Combined Nomenclature Codes 1905 90 60, 1905 90 90 and 2103 90 90, which have physically arrived in the Union before 4 July 2013, even if the CED has not been transmitted to the competent authority at least one working day prior to the physical arrival of the consignment as required by Article 3(2), provided that the other requirements set out in Article 3 are met.

Until 5 October 2013, Member States shall authorise the imports of consignments of products corresponding in Annex I to Combined Nomenclature Codes 1905 90 60, 1905 90 90 and 2103 90 90, which do not meet the conditions referred to in Articles 3 and 4, provided that the competent authority has conducted sampling and analysis in accordance with Article 5(3).’;

| (6) | Annexes I and II are amended in accordance with Annexes I and II to this Decision. |
| --- | --- |

(6)

Annexes I and II are amended in accordance with Annexes I and II to this Decision.

Article 2

Article 10 is replaced by the following:

‘Article 10

Review of the measure

The measures provided for in this Decision shall be reviewed regularly to take into account, where appropriate, new developments as regards the presence of unauthorised GMOs in products originating in or consigned from China, or as regards scientific and technical progress in the methods for sampling and analysis provided in this Decision.’

Article 3

Entry into force

This Decision shall enter into force on the 20th day following its publication in the Official Journal of the European Union.

Official Journal of the European Union

Done at Brussels, 13 June 2013.

For the Commission

The President

José Manuel BARROSO

---

(1)  
  OJ L 31, 1.2.2002, p. 1.

1

(2)  
  OJ L 343, 23.12.2011, p. 140.

2

(3)  
  OJ L 268, 18.10.2003, p. 1.

3

(4)  
  OJ L 194, 25.7.2009, p. 11.

4

(5)  
  OJ L 21, 28.1.2004, p. 11.

5

---

ANNEX I

Annex I to Implementing Decision 2011/884/EU is replaced by the following:

‘ANNEX I

LIST OF PRODUCTS

| Product | CN code |
| --- | --- |
| Rice in the husk (“paddy” or rough) | 1006 10 |
| Husked (brown) rice | 1006 20 |
| Semi-milled or wholly milled rice, whether or not polished or glazed | 1006 30 |
| Broken rice | 1006 40 00 |
| Rice flour | 1102 90 50 |
| Rice groats and meal | 1103 19 50 |
| Rice pellets | 1103 20 50 |
| Flaked rice grains | 1104 19 91 |
| Rolled or flaked cereal grains (excluding grains of oats, wheat, rye, maize and barley, and flaked rice) | 1104 19 99 |
| Rice starch | 1108 19 10 |
| Preparations for infant use, put up for retail sale | 1901 10 00 |
| Uncooked pasta, not stuffed or otherwise prepared, containing eggs | 1902 11 00 |
| Uncooked pasta, not stuffed or otherwise prepared, not containing eggs | 1902 19 |
| Stuffed pasta, whether or not cooked or otherwise prepared | 1902 20 |
| Other pasta (other than uncooked pasta, not stuffed or otherwise prepared, and other than stuffed pasta, whether or not cooked or otherwise prepared) | 1902 30 |
| Prepared foods obtained by swelling or roasting cereals or cereal products, obtained from rice | 1904 10 30 |
| Preparations of the muesli-type based on unroasted cereal flakes | 1904 20 10 |
| Prepared foods obtained from unroasted cereal flakes or from mixtures of unroasted cereal flakes and roasted cereal flakes or swelled cereals, obtained from rice (excluding preparations of the muesli-type on the basis of unroasted cereal flakes) | 1904 20 95 |
| Rice, pre-cooked or otherwise prepared, not elsewhere specified or included (excluding flour, groats and meal, food preparations obtained by swelling or roasting or from unroasted cereal flakes or from mixtures of unroasted cereal flakes and roasted cereal flakes or swelled cereals) | 1904 90 10 |
| Rice paper | ex 1905 90 20 |
| Biscuits | 1905 90 45 |
| Extruded or expanded products, savoury or salted | 1905 90 55 |
| Extruded or expanded products, sweetened (e.g. Fruit tarts, currant bread, panettone, meringues, Christmas stollen, croissants, and other baker’s wares) | 1905 90 60 |
| Extruded or expanded products neither sweetened nor savouried nor salted (e.g. Pizzas, quiches and other unsweetened baker’s wares) | 1905 90 90 |
| Sauces and preparations, mixed condiments and mixed seasonings | 2103 90 90 |
| Bran, sharps and other residues, whether or not in the form of pellets, derived from the sifting, milling or other working of rice with a starch content not exceeding 35 % by weight | 2302 40 02 |
| Bran, sharps and other residues, whether or not in the form of pellets, derived from the sifting, milling or other working of rice other than with a starch content not exceeding 35 % by weight | 2302 40 08 ’ |

Product

CN code

Rice in the husk (“paddy” or rough)

1006 10

Husked (brown) rice

1006 20

Semi-milled or wholly milled rice, whether or not polished or glazed

1006 30

Broken rice

1006 40 00

Rice flour

1102 90 50

Rice groats and meal

1103 19 50

Rice pellets

1103 20 50

Flaked rice grains

1104 19 91

Rolled or flaked cereal grains (excluding grains of oats, wheat, rye, maize and barley, and flaked rice)

1104 19 99

Rice starch

1108 19 10

Preparations for infant use, put up for retail sale

1901 10 00

Uncooked pasta, not stuffed or otherwise prepared, containing eggs

1902 11 00

Uncooked pasta, not stuffed or otherwise prepared, not containing eggs

1902 19

Stuffed pasta, whether or not cooked or otherwise prepared

1902 20

Other pasta (other than uncooked pasta, not stuffed or otherwise prepared, and other than stuffed pasta, whether or not cooked or otherwise prepared)

1902 30

Prepared foods obtained by swelling or roasting cereals or cereal products, obtained from rice

1904 10 30

Preparations of the muesli-type based on unroasted cereal flakes

1904 20 10

Prepared foods obtained from unroasted cereal flakes or from mixtures of unroasted cereal flakes and roasted cereal flakes or swelled cereals, obtained from rice (excluding preparations of the muesli-type on the basis of unroasted cereal flakes)

1904 20 95

Rice, pre-cooked or otherwise prepared, not elsewhere specified or included (excluding flour, groats and meal, food preparations obtained by swelling or roasting or from unroasted cereal flakes or from mixtures of unroasted cereal flakes and roasted cereal flakes or swelled cereals)

1904 90 10

Rice paper

ex 1905 90 20

Biscuits

1905 90 45

Extruded or expanded products, savoury or salted

1905 90 55

Extruded or expanded products, sweetened (e.g. Fruit tarts, currant bread, panettone, meringues, Christmas stollen, croissants, and other baker’s wares)

1905 90 60

Extruded or expanded products neither sweetened nor savouried nor salted (e.g. Pizzas, quiches and other unsweetened baker’s wares)

1905 90 90

Sauces and preparations, mixed condiments and mixed seasonings

2103 90 90

Bran, sharps and other residues, whether or not in the form of pellets, derived from the sifting, milling or other working of rice with a starch content not exceeding 35 % by weight

2302 40 02

Bran, sharps and other residues, whether or not in the form of pellets, derived from the sifting, milling or other working of rice other than with a starch content not exceeding 35 % by weight

2302 40 08 ’

---

ANNEX II

Annex II to Implementing Decision 2011/884/EU is amended as follows:

| (1) | in point 2.2 the words ‘CEN/ISO 15568’ are replaced by ‘CEN/TS 15568:2007’; |
| --- | --- |

(1)

in point 2.2 the words ‘CEN/ISO 15568’ are replaced by ‘CEN/TS 15568:2007’;

| (2) | in point 3, the second paragraph is replaced by the following:

  ‘In the case of grain samples, the designated control laboratory shall take from the homogenised laboratory sample four analytical samples of 240 grams (equivalent 10 000 rice grains). The four analytical samples shall be ground and further analysed separately. Two extractions shall be made from each analytical sample. One PCR test for each GM genetic element shall be made for each extraction in accordance with the screening methods detailed under point 4 below.
  For processed products such as flour, pasta or starch one analytical sample of 125 g shall be prepared from the homogenised laboratory sample. This analytical sample shall be ground, and from this sample two extractions shall be made with one PCR test for each GM genetic element for each extraction in accordance with the screening methods detailed under point 4.
  The consignment shall be considered as non-compliant if at least one GM genetic element is detected in at least one analytical sample of the consignment according to the guidelines provided in the European Union Reference Laboratory for GMOs (EURL for GMOs) report.’; |
| --- | --- |

(2)

in point 3, the second paragraph is replaced by the following:

‘In the case of grain samples, the designated control laboratory shall take from the homogenised laboratory sample four analytical samples of 240 grams (equivalent 10 000 rice grains). The four analytical samples shall be ground and further analysed separately. Two extractions shall be made from each analytical sample. One PCR test for each GM genetic element shall be made for each extraction in accordance with the screening methods detailed under point 4 below.

For processed products such as flour, pasta or starch one analytical sample of 125 g shall be prepared from the homogenised laboratory sample. This analytical sample shall be ground, and from this sample two extractions shall be made with one PCR test for each GM genetic element for each extraction in accordance with the screening methods detailed under point 4.

The consignment shall be considered as non-compliant if at least one GM genetic element is detected in at least one analytical sample of the consignment according to the guidelines provided in the European Union Reference Laboratory for GMOs (EURL for GMOs) report.’;

| (3) | in point 5, the words ‘the EU RL GMFF’ are replaced by ‘the EURL for GMOs’. |
| --- | --- |

(3)

in point 5, the words ‘the EU RL GMFF’ are replaced by ‘the EURL for GMOs’.

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14.6.2013

| 14.6.2013 | EN | Official Journal of the European Union | L 162/s3 |
| --- | --- | --- | --- |

EN

Official Journal of the European Union

L 162/s3

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NOTICE TO READERS

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

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

Official Journal of the European Union

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

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