ISSN 1977-0677
Official Journal
of the European Union
L 373
English edition
Legislation
Volume 64
21 October 2021
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ISSN 1977-0677 |
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Official Journal of the European Union |
L 373 |
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English edition |
Legislation |
Volume 64 |
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Corrigenda |
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(1) Text with EEA relevance. |
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EN |
Acts whose titles are printed in light type are those relating to day-to-day management of agricultural matters, and are generally valid for a limited period. The titles of all other Acts are printed in bold type and preceded by an asterisk. |
II Non-legislative acts
REGULATIONS
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21.10.2021 |
EN |
Official Journal of the European Union |
L 373/1 |
COMMISSION REGULATION (EU) 2021/1840
of 20 October 2021
amending Regulation (EC) No 1418/2007 concerning the export for recovery of certain waste listed in Annex III or IIIA to Regulation (EC) No 1013/2006 of the European Parliament and of the Council to certain countries to which the OECD Decision on the control of transboundary movements of wastes does not apply
(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 1013/2006 of the European Parliament and of the Council of 14 June 2006 on shipments of waste (1), and in particular Article 37(2), third subparagraph.
Whereas:
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(1) |
Pursuant to Article 37(2) of Regulation (EC) No 1013/2006, the Commission is required to periodically update Commission Regulation (EC) No 1418/2007 (2) concerning the export for recovery of certain waste to certain countries to which the OECD Decision (3) does not apply. The Commission does so based on new information regarding the legislation applicable in the third country concerned regarding the import of waste. |
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(2) |
In 2019, the Commission sent a written request to certain countries to which the OECD Decision does not apply, seeking confirmation in writing that waste and mixtures of wastes listed in Annex III or IIIA to Regulation (EC) No 1013/2006, the export of which is not prohibited under Article 36 of that Regulation, may be exported from the Union for recovery in those countries. The Commission also requested the countries concerned to indicate any applicable national control procedure. The Commission received replies, including requests for further clarification (4). |
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(3) |
At its fourteenth meeting held in May 2019, the Conference of the Parties to the Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and Their Disposal (5) (the ‘Basel Convention’) adopted Decision BC-14/12. This Decision added new entries for plastics in the Annexes to the Basel Convention, including entry B3011 in Annex IX concerning non-hazardous waste. These amendments are effective as of 1 January 2021. In addition, on 7 September 2020, the Environment Policy Committee to the OECD adopted amendments to Appendix 4 of the OECD Decision relating to hazardous plastic waste, and made clarifications to Appendices 3 and 4 of the OECD Decision, effective as of 1 January 2021. |
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(4) |
Pursuant to those decisions, Commission Delegated Regulation (EU) 2020/2174 (6) amended Annexes IC, III, IIIA, IV, V, VII and VIII to Regulation (EC) No 1013/2006 to take account of the amendments relating to entries on plastic waste in the Annexes to the Basel Convention and in the OECD Decision. As a result, as of 1 January 2021, exports of plastic waste from the Union to countries to which the OECD decision does not apply is only permitted if such waste falls within the scope of the new plastic waste entry B3011, included in Annex IX to the Basel Convention, and the country of destination allows the import of such waste into its territory. |
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(5) |
In 2019 and 2020, the Commission contacted the countries concerned to seek clarification about the national procedures in relation to the new plastic entries under the Basel Convention. The Commission received replies from 23 countries and custom territories (7). |
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(6) |
Certain countries have communicated their intention to follow control procedures that are distinct from those provided for in Article 37(1) of Regulation (EC) No 1013/2006. In those cases, listed in column (d) of the Annex to this Regulation, it is assumed exporters are aware of the precise legal requirements imposed by the country of destination. |
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(7) |
Where it is indicated in the Annex that a country does not prohibit certain shipments of waste nor applies to them the procedure of prior written notification and consent provided for in Article 35 of Regulation (EC) No 1013/2006, Article 18 of that Regulation should apply mutatis mutandis to such shipments. |
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(8) |
Where a country is listed in the Annex to Regulation (EC) No 1418/2007, and the Commission has information that there have been changes to the relevant national legislation but the country did not issue a confirmation in writing in reply to the requests for information sent by the Commission in 2019 and 2020, the procedure of prior written notification and consent applies in accordance with Article 37(2), second subparagraph, of Regulation (EC) No 1013/2006. |
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(9) |
Where a country is not listed or a particular waste or mixture of wastes is not indicated for a given country in the Annex to Regulation (EC) No 1418/2007, this means that the country has not issued a confirmation in writing or has not issued a confirmation in writing for this waste or mixture of wastes, that it may be exported from the Union to such country for recovery. In accordance with Article 37(2), second subparagraph, of Regulation (EC) No 1013/2006, for exports for recovery of wastes which are not prohibited under Article 36 of that Regulation to those countries and in relation to those wastes, the procedure of prior written notification and consent applies. In those cases, under column (a) of the Annex to this Regulation, where countries have indicated that they prohibit the imports of all waste covered by Annexes III and IIIA of Regulation (EC) No 1013/2006, but have not provided specific information on their national control procedures with respect to plastic waste falling under waste entry B3011, the general import prohibition should be deemed to also cover plastic waste under entry B3011. |
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(10) |
In those cases where countries have indicated that all waste covered by Annexes III and IIIA of Regulation (EC) No 1013/2006 would not be subject to a control procedure or other control procedures under national law, but have not provided specific information on their national control procedures with respect to plastic waste falling under waste entry B3011, the procedure of prior written notification and consent under column (b) of the Annex to this Regulation should be deemed to apply with regard to entry B3011. |
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(11) |
The Commission also deleted for countries that have not replied to its request for information entries B3010 and GH013 that no longer exist. |
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(12) |
On 25 May 2021, the OECD Council approved the Opinion of the Environment Policy Committee regarding the compliance by Costa Rica with the OECD Decision. Consequently, Article 37(2) of Regulation (EC) No 1013/2006 does not apply to that country any more and the entry for Costa Rica is therefore deleted from the Annex to Regulation (EC) No 1418/2007. |
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(13) |
Therefore, the Annex to Regulation (EC) No 1418/2007 should be amended accordingly, |
HAS ADOPTED THIS REGULATION:
Article 1
The Annex to Regulation (EC) No 1418/2007 is amended in accordance with the Annex to this Regulation.
Article 2
This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 20 October 2021.
For the Commission
The President
Ursula VON DER LEYEN
(1) OJ L 190, 12.7.2006, p. 1.
(2) Commission Regulation (EC) No 1418/2007 of 29 November 2007 concerning the export for recovery of certain waste listed in Annex III or IIIA to Regulation (EC) No 1013/2006 of the European Parliament and of the Council to certain countries to which the OECD Decision on the control of transboundary movements of wastes does not apply (OJ L 316, 4.12.2007, p. 6).
(3) Decision of the Council on the Control of Transboundary Movements of Wastes Destined for Recovery Operations (OECD/LEGAL/0266).
(4) Replies from: Albania, Andorra, Anguilla, Armenia, Azerbaijan, Bahrain, Bangladesh, Belarus, Benin, Bosnia and Herzegovina, Burkina Faso, Cambodia, Cape Verde, Chad, Chinese Taipei, Colombia, Democratic Republic of the Congo, Congo, Costa Rica, Côte d'Ivoire, Cuba, Ecuador, Egypt, El Salvador, Ethiopia, Gabon, Georgia, Ghana, Guatemala, Guinea, Guyana, Haiti, Honduras, Hong Kong (China), India, Indonesia, Jamaica, Kosovo*, Kyrgyzstan, Laos, Lebanon, Liberia, Madagascar, Malaysia, Mali, Moldova, Monaco, Montenegro, Morocco, Myanmar/Burma, Namibia, Nicaragua, Niger, Nigeria, Oman, Pakistan, Panama, Paraguay, Peru, Philippines, Qatar, Rwanda, Saint Lucia, San Marino, São Tomé and Príncipe, Senegal, Serbia, Singapore, South Africa, Sri Lanka, Sudan, Thailand, Trinidad and Tobago, Turkmenistan, Ukraine, United Arab Emirates, Uruguay, Uzbekistan, Vietnam and Zambia.
*This designation is without prejudice to positions on status, and is in line with UNSCR 1244/1999 and the ICJ Opinion on the Kosovo declaration of independence.
Colombia became member of OECD on 28 April 2020. Regulation (EC) No 1418/2007 will cease to apply to Colombia once relevant OECD bodies have established that Colombia fully complies with the OECD Decision.
(5) 1673 UNTS p. 57.
(6) Commission Delegated Regulation (EU) 2020/2174 of 19 October 2020 amending Annexes IC, III, IIIA, IV, V, VII and VIII to Regulation (EC) No 1013/2006 of the European Parliament and of the Council on shipments of waste (OJ L 433, 22.12.2020, p. 11).
(7) Customs territories are listed separately in the Annex, even when they belong to the same country.
ANNEX
The Annex to Regulation (EC) No 1418/2007 is amended as follows:
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(1) |
The table for Albania is replaced by the following: ‘ Albania
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(2) |
The table for Anguilla is replaced by the following: ‘ Anguilla
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(3) |
The table for Argentina is replaced by the following: ‘ Argentina
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(4) |
The table for Armenia is replaced by the following: ‘ Armenia
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(5) |
The table for Azerbaijan is replaced by the following: ‘ Azerbaijan
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(6) |
The table for Bahrain is replaced by the following: ‘ Bahrain
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(7) |
The table for Bangladesh is replaced by the following: ‘ Bangladesh
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(8) |
The table for Belarus is replaced by the following: ‘ Belarus
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(9) |
The table for Benin is replaced by the following: ‘ Benin
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(10) |
The table for Bosnia and Herzegovina is replaced by the following: ‘ Bosnia and Herzegovina
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(11) |
The table for Brazil is replaced by the following: ‘ Brazil
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(12) |
The table for Burkina Faso is replaced by the following: ‘ Burkina Faso
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(13) |
The table for Cambodia is replaced by the following: ‘ Cambodia
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(14) |
The table for Cape Verde is replaced by the following: ‘ Cape Verde
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(15) |
The table for China is deleted. |
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(16) |
The table for Chinese Taipei is replaced by the following: ‘ Chinese Taipei
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(17) |
The table for Colombia is replaced by the following: ‘ Colombia
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(18) |
The following table for Congo is inserted in alphabetical order: ‘ Congo
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(19) |
The table for Costa Rica is deleted. |
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(20) |
The table for Cuba is replaced by the following: ‘ Cuba
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(21) |
The table for Curaçao is replaced by the following: ‘ Curaçao
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(22) |
The table for Ecuador is replaced by the following: ‘ Ecuador
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(23) |
The table for Egypt is replaced by the following: ‘ Egypt
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(24) |
The table for El Salvador is replaced by the following: ‘ El Salvador
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(25) |
The table for Georgia is replaced by the following: ‘ Georgia
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(26) |
The table for Ghana is replaced by the following: ‘ Ghana
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(27) |
The following table for Haiti is inserted in alphabetical order: ‘ Haiti
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(28) |
The table for Hong Kong (China) is replaced by the following: ‘ Hong Kong (China)
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(29) |
The table for India is replaced by the following: ‘ India
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(30) |
The table for Indonesia is replaced by the following: ‘ Indonesia
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(31) |
The table for Iran (Islamic Republic of Iran) is replaced by the following: ‘ Iran (Islamic Republic of Iran)
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(32) |
The following table for Jamaica is inserted in alphabetical order: ‘ Jamaica
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(33) |
The table for Kazakhstan is replaced by the following: ‘ Kazakhstan
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(34) |
The following table for Kosovo is inserted in alphabetical order: ‘ Kosovo (*)
(*) This designation is without prejudice to positions on status, and is in line with UNSCR 1244/1999 and the ICJ Opinion on the Kosovo declaration of independence.’ " |
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(35) |
The table for Kuwait is replaced by the following: ‘ Kuwait
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(36) |
The table for Kyrgyzstan is replaced by the following: ‘ Kyrgyzstan
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(37) |
The following table for Laos is inserted in alphabetical order: ‘ Laos
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(38) |
The table for Lebanon is replaced by the following: ‘ Lebanon
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(39) |
The table for Liberia is replaced by the following: ‘ Liberia
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(40) |
The table for Madagascar is replaced by the following: ‘ Madagascar
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(41) |
The table for Malaysia is replaced by the following: ‘ Malaysia
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(42) |
The table for Moldova (Republic of Moldova) is replaced by the following: ‘ Moldova (Republic of Moldova)
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(43) |
The following table for Monaco is inserted in alphabetical order: ‘ Monaco
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(44) |
The table for Montenegro is replaced by the following: ‘ Montenegro
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(45) |
The table for Morocco is replaced by the following: ‘ Morocco
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(46) |
The following table for Myanmar/Burma is inserted in alphabetical order: ‘ Myanmar/Burma
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(47) |
The table for Nepal is replaced by the following: ‘ Nepal
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(48) |
The following table for Nicaragua is inserted in alphabetical order: ‘ Nicaragua
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(49) |
The table for Niger is replaced by the following: ‘ Niger
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(50) |
The following table for Nigeria is inserted in alphabetical order: ‘ Nigeria
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(51) |
The table for Oman is replaced by the following: ‘ Oman
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(52) |
The table for Pakistan is replaced by the following: ‘ Pakistan
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(53) |
The following table for Panama is inserted in alphabetical order: ‘ Panama
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(54) |
The table for Paraguay is replaced by the following: ‘ Paraguay
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(55) |
The table for Peru is replaced by the following: ‘ Peru
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(56) |
The table for Philippines is replaced by the following: ‘ Philippines
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(57) |
The table for Russia (Russian Federation) is replaced by the following: ‘ Russia (Russian Federation)
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(58) |
The following table for San Marino is inserted in alphabetical order: ‘ San Marino
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(59) |
The following table for São Tomé and Príncipe is inserted in alphabetical order: ‘ São Tomé and Príncipe
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(60) |
The table for Senegal is replaced by the following: ‘ Senegal
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(61) |
The table for Serbia is replaced by the following: ‘ Serbia
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(62) |
The table for Singapore is replaced by the following: ‘ Singapore
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(63) |
The table for Tajikistan is replaced by the following: ‘ Tajikistan
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(64) |
The following table for Sudan is inserted in alphabetical order: ‘ Sudan
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(65) |
The table for Thailand is replaced by the following: ‘ Thailand
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(66) |
The table for Trinidad and Tobago is replaced by the following: ‘ Trinidad and Tobago
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(67) |
The table for Tunisia is replaced by the following: ‘ Tunisia
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(68) |
The following table for Turkmenistan is inserted in alphabetical order: ‘ Turkmenistan
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(69) |
The table for Ukraine is replaced by the following: ‘ Ukraine
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(70) |
The following table for Uruguay is inserted in alphabetical order: ‘ Uruguay
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(71) |
The table for Uzbekistan is replaced by the following: ‘ Uzbekistan
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(72) |
The table for Vietnam is replaced by the following: ‘ Vietnam
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(73) |
The table for Zambia is replaced by the following: ‘ Zambia
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(*) This designation is without prejudice to positions on status, and is in line with UNSCR 1244/1999 and the ICJ Opinion on the Kosovo declaration of independence.’ ’
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21.10.2021 |
EN |
Official Journal of the European Union |
L 373/63 |
COMMISSION REGULATION (EU) 2021/1841
of 20 October 2021
amending Annexes II and III to Regulation (EC) No 396/2005 of the European Parliament and of the Council as regards maximum residue levels for 6-benzyladenine and aminopyralid in or on certain products
(Text with EEA relevance)
THE EUROPEAN COMMISSION,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to Regulation (EC) No 396/2005 of the European Parliament and of the Council of 23 February 2005 on maximum residue levels of pesticides in or on food and feed of plant and animal origin and amending Council Directive 91/414/EEC (1), and in particular Article 14(1)(a) and Article 49(2) thereof,
Whereas:
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(1) |
For aminopyralid, maximum residue levels (MRLs) were set in Part A of Annex III to Regulation (EC) No 396/2005. For 6-benzyladenine, no MRLs were set in Regulation (EC) No 396/2005, and as that active substance is not included in Annex IV to that Regulation, the default value of 0,01 mg/kg laid down in Article 18(1)(b) of Regulation (EC) No 396/2005 applies. |
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(2) |
For 6-benzyladenine, the European Food Safety Authority (‘the Authority’) submitted a reasoned opinion on the existing MRLs in accordance with Article 12(1) of Regulation (EC) No 396/2005 (2). It recommended setting MRLs at the limit of determination (‘LOD’). Those MRLs should be set in Annex II to Regulation (EC) No 396/2005. |
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(3) |
For aminopyralid, the Authority submitted a reasoned opinion on the existing MRLs in accordance with Article 12(1) of Regulation (EC) No 396/2005 (3). It proposed to change the residue definition for commodities of plant origin. It recommended lowering the MRLs for poultry fat. For other products, it recommended raising or keeping the existing MRLs. The MRLs for those products should be set in Annex II to Regulation (EC) No 396/2005 at the existing level or the level identified by the Authority. |
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(4) |
Existing Codex maximum residue limits (CXLs) were taken into account in the reasoned opinions of the Authority. CXLs, which are safe for consumers in the Union, were considered for MRL setting. |
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(5) |
As regards products on which the use of the plant protection product concerned is not authorised, and for which no import tolerances or CXLs exist, MRLs should be set at the specific LOD or the default MRL should apply, as provided for in Article 18(1)(b) of Regulation (EC) No 396/2005. |
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(6) |
The Commission consulted the European Union reference laboratories for residues of pesticides as regards the need to adapt certain LODs. As regards several substances concerned by this Regulation, those laboratories concluded that for certain commodities technical development requires the setting of specific LODs. |
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(7) |
Based on the reasoned opinions of the Authority and taking into account the factors relevant to the matter under consideration, the appropriate modifications to the MRLs fulfil the requirements of Article 14(2) of Regulation (EC) No 396/2005. |
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(8) |
Through the World Trade Organisation, the trading partners of the Union were consulted on the new MRLs and their comments have been taken into account. |
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(9) |
Regulation (EC) No 396/2005 should therefore be amended accordingly. |
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(10) |
In order to allow for the normal marketing, processing and consumption of products, this Regulation should provide for a transitional arrangement for products which have been produced before the modification of the MRLs and for which information shows that a high level of consumer protection is maintained. |
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(11) |
A reasonable period should be allowed to elapse before the modified MRLs become applicable in order to permit Member States, third countries and food business operators to prepare themselves to meet the new requirements which will result from the modification of the MRLs. |
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(12) |
The measures provided for in this Regulation are in accordance with the opinion of the Standing Committee on Plants, Animals, Food and Feed, |
HAS ADOPTED THIS REGULATION:
Article 1
Annexes II and III to Regulation (EC) No 396/2005 are amended in accordance with the Annex to this Regulation.
Article 2
Regulation (EC) No 396/2005 as it stood before being amended by this Regulation shall continue to apply to products which were produced in the Union or imported into the Union before 10 May 2022.
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.
It shall apply from 10 May 2022.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 20 October 2021.
For the Commission
The President
Ursula VON DER LEYEN
(2) European Food Safety Authority; Reasoned opinion on the review of the existing maximum residue levels for 6-benzyladenine according to Article 12 of Regulation (EC) No 396/2005. EFSA Journal 2020; 18(7): 6220.
(3) European Food Safety Authority; Reasoned opinion on the review of the existing maximum residue levels for aminopyralid according to Article 12 of Regulation (EC) No 396/2005. EFSA Journal 2020; 18(8): 6229.
ANNEX
Annexes II and III to Regulation (EC) No 396/2005 are amended as follows:
|
(1) |
in Annex II, the following columns for 6-benzyladenine and aminopyralid are added: ‘Pesticide residues and maximum residue levels (mg/kg)
|
||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
|
(2) |
in Part A of Annex III, the column for aminopyralid is deleted. |
(*1) Indicates lower limit of analytical determination
(1) For the complete list of products of plant and animal origin to which MRLs apply, reference should be made to Annex I
|
21.10.2021 |
EN |
Official Journal of the European Union |
L 373/76 |
COMMISSION REGULATION (EU) 2021/1842
of 20 October 2021
amending Annexes II and III to Regulation (EC) No 396/2005 of the European Parliament and of the Council as regards maximum residue levels for flupyradifurone and difluoroacetic acid in or on certain products
(Text with EEA relevance)
THE EUROPEAN COMMISSION,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to Regulation (EC) No 396/2005 of the European Parliament and of the Council of 23 February 2005 on maximum residue levels of pesticides in or on food and feed of plant and animal origin and amending Council Directive 91/414/EEC (1), and in particular Article 14(1)(a) and Article 49(2) thereof,
Whereas:
|
(1) |
For flupyradifurone and difluoroacetic acid, maximum residue levels (‘MRLs’) were set in Part A of Annex III to Regulation (EC) No 396/2005. |
|
(2) |
In the context of a procedure for the authorisation of the use of a plant protection product containing the active substance flupyradifurone on strawberries, table olives, okra/lady’s fingers, cauliflowers, broccoli, Brussels sprouts, head cabbages, kales, kohlrabies, ‘lettuces and salad plants’, ‘spinaches and similar (leaves)’, ‘herbs and edible flowers’, beans, peas, rapeseeds/canola seeds, mustard seeds and olives for oil production, an application was submitted in accordance with Article 6(1) of Regulation (EC) No 396/2005 for modification of the existing MRLs for flupyradifurone and its main metabolite difluoroacetic acid. |
|
(3) |
In accordance with Article 6(2) and (4) of Regulation (EC) No 396/2005 an application for import tolerances was submitted for flupyradifurone used in the United States on citrus fruits, prickly pears/cactus fruits, cotton seeds, sweet corn, barley, maize/corn, sorghum and wheat, in the United States and Canada on tree nuts, pome fruits, grapes, blueberries, ‘root and tuber vegetables’, tomatoes, sweet peppers/bell peppers, aubergines/eggplants, melons, celeries, pulses, peanuts, soyabeans and hops, in Brazil on coffee beans, and in Ghana and Ivory Coast on cocoa beans. The applicants state that the authorised uses of that substance on such crops in those countries lead to residues exceeding the MRLs contained in Regulation (EC) No 396/2005 for flupyradifurone and difluoroacetic acid and that higher MRLs are necessary to avoid trade barriers for the import of those crops. |
|
(4) |
In the context of these applications, the applicant submitted to the Rapporteur Member State, the Netherlands, the additional rotational crop field studies and livestock feeding studies within the deadline set under Commission Regulation (EU) 2016/486 (2). |
|
(5) |
In accordance with Article 8 of Regulation (EC) No 396/2005, those applications were evaluated by the Netherlands, and the evaluation reports were forwarded to the Commission. |
|
(6) |
The European Food Safety Authority (‘the Authority’) assessed the applications and the evaluation reports, examining in particular the risks to the consumer and, where relevant, to animals and gave reasoned opinions on the proposed MRLs (3). It forwarded those opinions to the applicants, the Commission and the Member States and made them available to the public. |
|
(7) |
As regards flupyradifurone in prickly pear/cactus fruit, melons, tomatoes and hops, the Authority concluded that the submitted data was insufficient to set new MRLs. As regards flupyradifurone in celeries, an acute intake concern could not be excluded. As regards all other applications, the Authority concluded that all requirements with respect to data were met and that the modifications to the MRLs requested by the applicants were acceptable with regard to consumer safety on the basis of a consumer exposure assessment for 27 specific European consumer groups. It took into account the most recent information on the toxicological properties of the substances. Neither the lifetime exposure to these substances via consumption of all food products that may contain them, nor the short-term exposure due to high consumption of the relevant products showed that there is a risk that the acceptable daily intake or the acute reference dose is exceeded. |
|
(8) |
Following the assessment of the additional rotational crop field studies and livestock feeding studies, the Authority recommended raising, lowering or keeping the existing MRLs for flupyradifurone and difluoroacetic acid in rotational crops and products of animal origin. In particular, the Authority suggested lowering the MRLs for flupyradifurone in grape leaves and difluoroacetic acid in maize, cocoa beans and swine liver. These MRLs should be set in Annex II to Regulation (EC) No 396/2005 at the existing levels or the levels identified by the Authority. |
|
(9) |
Based on the reasoned opinions of the Authority and taking into account the factors relevant to the matter under consideration, the respective modifications to the MRLs fulfil the requirements of Article 14(2) of Regulation (EC) No 396/2005. |
|
(10) |
Through the World Trade Organisation, the trading partners of the Union were consulted on the new MRLs and their comments have been taken into account. |
|
(11) |
Regulation (EC) No 396/2005 should therefore be amended accordingly. |
|
(12) |
In order to allow for the normal marketing, processing and consumption of products, this Regulation should provide for a transitional measure for products which have been produced before the modification of the MRLs and for which information shows that a high level of consumer protection is maintained. |
|
(13) |
A reasonable period should be allowed to elapse before the modified MRLs become applicable in order to permit Member States, third countries and food business operators to prepare themselves to meet the new requirements which will result from the modification of the MRLs. |
|
(14) |
The measures provided for in this Regulation are in accordance with the opinion of the Standing Committee on Plants, Animals, Food and Feed, |
HAS ADOPTED THIS REGULATION:
Article 1
Annexes II and III to Regulation (EC) No 396/2005 are amended in accordance with the Annex to this Regulation.
Article 2
Regulation (EC) No 396/2005 as it stood before being amended by this Regulation shall continue to apply to flupyradifurone in grape leaves and difluoroacetic acid in maize, cocoa beans and swine liver, for products which were produced in the Union or imported into the Union before 10 May 2022.
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.
It shall apply from 10 May 2022 as regards the MRLs for flupyradifurone in grape leaves and difluoroacetic acid in maize, cocoa beans and swine liver.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 20 October 2021.
For the Commission
The President
Ursula VON DER LEYEN
(2) Commission Regulation (EU) 2016/486 of 29 March 2016 amending Annexes II and III to Regulation (EC) No 396/2005 of the European Parliament and of the Council as regards maximum residue levels for cyazofamid, cycloxydim, difluoroacetic acid, fenoxycarb, flumetralin, fluopicolide, flupyradifurone, fluxapyroxad, kresoxim-methyl, mandestrobin, mepanipyrim, metalaxyl-M, pendimethalin and tefluthrin in or on certain products (OJ L 90, 6.4.2016, p. 1).
(3) EFSA scientific reports available online: http://www.efsa.europa.eu:
Reasoned opinion on the setting of import tolerances, modification of existing maximum residue levels and evaluation of confirmatory data following the Article 12 MRL review for flupyradifurone and DFA. EFSA Journal 2020;18(6):6133.
Reasoned opinion on the modification of the existing maximum residue levels for flupyradifurone and DFA in rapeseeds/canola seeds and mustard seeds. EFSA Journal 2020;18(11):6298.
Reasoned opinion on the modification of the existing maximum residue levels for flupyradifurone and DFA in okra/lady’s finger. EFSA Journal 2021;19(5):6581.
ANNEX
Annexes II and III to Regulation (EC) No 396/2005 are amended as follows:
|
(1) |
in Annex II, the following columns for difluoroacetic acid and flupyradifurone are added: ‘Pesticide residues and maximum residue levels (mg/kg)
|
|
(2) |
in Part A of Annex III, the columns for difluoroacetic acid and flupyradifurone are deleted. |
(*1) Indicates lower limit of analytical determination
(1) For the complete list of products of plant and animal origin to which MRLs apply, reference should be made to Annex I’
DECISIONS
|
21.10.2021 |
EN |
Official Journal of the European Union |
L 373/90 |
COUNCIL DECISION (EU) 2021/1843
of 15 October 2021
on the position to be taken on behalf of the European Union within the International Sugar Council as regards the extension of the International Sugar Agreement 1992
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty on the Functioning of the European Union, and in particular Article 207(4), first subparagraph, in conjunction with Article 218(9) thereof,
Having regard to the proposal from the European Commission,
Whereas:
|
(1) |
The International Sugar Agreement 1992 (1) (the ‘ISA’) was concluded by the Union by Council Decision 92/580/EEC (2) and entered into force on 1 January 1993. The ISA was concluded for a period of three years, until 31 December 1995. |
|
(2) |
The International Sugar Council (the ‘ISC’), set up under Article 3 of the ISA, is empowered pursuant to Article 45(2) of the ISA to extend the ISA, by special vote, for successive periods, not exceeding two years on each occasion. Since its conclusion, the ISA has regularly been extended for further periods of two years. The ISA was last extended by decision of the ISC in July 2019 and remains in force until 31 December 2021. |
|
(3) |
The ISC, during its 59th session to be held on 26 November 2021, is to adopt a decision on the extension of the ISA for a further period of two years, until 31 December 2023. |
|
(4) |
It is appropriate to establish the position to be taken on the Union’s behalf within the ISC, during its 59th session, as regards the extension of the ISA. A further extension of the ISA is in the interest of the Union, |
HAS ADOPTED THIS DECISION:
Article 1
The position to be taken on the Union’s behalf within the International Sugar Council, during its 59th session, shall be to vote in favour of the extension of the International Sugar Agreement 1992 for a further period of two years, until 31 December 2023.
Article 2
This Decision shall enter into force on the date of its adoption.
Done at Luxembourg, 15 October 2021.
For the Council
The President
J. CIGLER KRALJ
(1) International Sugar Agreement 1992 (OJ L 379, 23.12.1992, p. 16).
(2) Council Decision 92/580/EEC of 13 November 1992 on the signing and conclusion of the International Sugar Agreement 1992 (OJ L 379, 23.12.1992, p. 15).
|
21.10.2021 |
EN |
Official Journal of the European Union |
L 373/91 |
COUNCIL DECISION (EU) 2021/1844
of 18 October 2021
on the position to be taken on behalf of the European Union within the Association Council established by the Euro-Mediterranean Agreement establishing an Association between the European Communities and their Member States, of the one part, and the Hashemite Kingdom of Jordan, of the other part, as regards an amendment to Protocol 3 to that Agreement concerning the definition of the concept of ‘originating products’ and methods of administrative cooperation
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty on the Functioning of the European Union, and in particular Article 207(4), first subparagraph, in conjunction with Article 218(9) thereof,
Having regard to the proposal from the European Commission,
Whereas:
|
(1) |
The Euro-Mediterranean Agreement establishing an Association between the European Communities and their Member States, of the one part, and the Hashemite Kingdom of Jordan, of the other part (‘the Agreement’), was concluded by the Union by Council and Commission Decision 2002/357/EC, ECSC (1) and entered into force on 1 May 2002. |
|
(2) |
The Agreement includes Protocol 3 concerning the definition of the concept of ‘originating products’ and methods of administrative cooperation (‘Protocol 3’). Pursuant to Article 4 of Protocol 3, the Association Council established by Article 89 of the Agreement (‘the Association Council’) may decide to amend the provisions of Protocol 3. |
|
(3) |
The Regional Convention on pan-Euro-Mediterranean preferential rules of origin (‘the PEM Convention’) was concluded by the Union by Council Decision 2013/94/EU (2) and entered into force in relation to the Union on 1 May 2012. It lays down provisions on the origin of goods traded under relevant bilateral free trade agreements concluded between the Contracting Parties to the PEM Convention, which apply without prejudice to the principles laid down in those bilateral agreements. |
|
(4) |
Following the adoption of Council Decision (EU) 2020/2067 (3) on the position to be taken on behalf of the Union within the Association Council as regards the amendment of the Agreement by replacing Protocol 3, the Association Council adopted Decision No 1/2021 (4) replacing Protocol 3 with a new text. |
|
(5) |
Protocol 3 contains, on the one hand, a dynamic reference to the PEM Convention, making the PEM Convention applicable between the Union and Jordan, and, on the other hand, the transitional rules that have been applicable as an alternative set of rules of origin to those laid down in the current PEM Convention since 1 September 2021. |
|
(6) |
As part of the Union’s support for Jordan in the context of the Syrian refugee crisis, in July 2016 the Union and Jordan agreed to temporarily relax rules of origin applying to exports of Jordanian products to the Union under the Agreement. |
|
(7) |
Consequently, the EU-Jordan Association Committee adopted Decision No 1/2016 (5) to amend the provisions of Protocol 3 as regards the definition of the concept of ‘originating products’ and to supplement the list of working or processing required to be carried out on non-originating materials in order for certain categories of products, manufactured in the territory of Jordan and connected with generating employment for Syrian refugees and Jordanians, to obtain originating status. |
|
(8) |
The EU-Jordan Association Committee adopted Decision No 1/2018 (6) to amend the provisions of Protocol 3 by relaxing the rules of origin scheme further and extending the duration of the scheme established by Decision No 1/2016 until 31 December 2030. Decision No 1/2018 entered into force on 4 December 2018. |
|
(9) |
To ensure the continued application of Decisions No 1/2016 and No 1/2018, it is necessary to link them to the transitional rules, which have been applicable since 1 September 2021. This requires the adoption of a decision to amend Protocol 3 by adding an Appendix B thereto in order for the facilities referred to in Decisions No 1/2016 and No 1/2018 to remain in place. The Association Council will adopt such an amending decision. It is therefore appropriate to establish the position to be taken on the Union’s behalf in the Association Council as regards the amendment of Protocol 3. |
|
(10) |
The application of Appendix B to Protocol 3 should be accompanied by appropriate monitoring and reporting obligations. In addition, it should be possible to suspend the application of Appendix B to Protocol 3 if the conditions for its application are no longer fulfilled or if the conditions for safeguard measures are met. |
|
(11) |
In order to ensure continuity in the application of Decisions No 1/2016 and No 1/2018, including the derogations provided for therein, and thus to enable authorised exporters to avoid incurring economic losses under Decision No 1/2016, the decision of the Association Council should include a retroactivity clause. |
|
(12) |
The position of the Union within the Association Council should therefore be based on the draft decision of the Association Council, |
HAS ADOPTED THIS DECISION:
Article 1
1. The position to be taken on the Union’s behalf within the Association Council established by the Euro-Mediterranean Agreement establishing an Association between the European Communities and their Member States, of the one part, and the Hashemite Kingdom of Jordan, of the other part, as regards an amendment to Protocol 3 thereto shall be based on the draft decision of the Association Council (7).
2. Minor technical changes to the position set out in paragraph 1 may be agreed upon by the Union representatives in the Association Council without further decision of the Council.
Article 2
This Decision shall enter into force on the date of its adoption and shall expire on 31 December 2023.
Done at Luxembourg, 18 October 2021.
For the Council
The President
J. BORRELL FONTELLES
(1) Council and Commission Decision 2002/357/EC, ECSC of 26 March 2002 on the conclusion of the Euro-Mediterranean Agreement establishing an Association between the European Communities and their Member States, of the one part, and the Hashemite Kingdom of Jordan, of the other part (OJ L 129, 15.5.2002, p. 1).
(2) Council Decision 2013/94/EU of 26 March 2012 on the conclusion of the Regional Convention on pan-Euro-Mediterranean preferential rules of origin (OJ L 54, 26.2.2013, p. 3).
(3) Council Decision (EU) 2020/2067 of 7 December 2020 on the position to be taken on behalf of the European Union within the Association Council established by the Euro-Mediterranean Agreement establishing an association between the European Communities and their Member States, of the one part, and the Hashemite Kingdom of Jordan, of the other part, as regards the amendment of that Agreement by replacing Protocol 3 thereto concerning the definition of the concept of ‘originating products’ and methods of administrative cooperation (OJ L 424, 15.12.2020, p. 37).
(4) Decision No 1/2021 of the EU-Jordan Association Council of 15 April 2021 amending the Euro-Mediterranean Agreement establishing an association between the European Communities and their Member States, of the one part, and the Hashemite Kingdom of Jordan, of the other part, by replacing Protocol 3 thereto concerning the definition of the concept of ‘originating products’ and methods of administrative cooperation [2021/742] (OJ L 164, 10.5.2021, p. 1).
(5) Decision No 1/2016 of the EU-Jordan Association Committee of 19 July 2016 amending the provisions of Protocol 3 to the Euro-Mediterranean Agreement establishing an Association ‘between the European Communities and their Member States, of the one part, and the Hashemite Kingdom of Jordan, of the other part, concerning the definition of the concept of originating products’ and the list of working or processing required to be carried out on non-originating materials in order for certain categories of products, manufactured in dedicated development zones and industrial areas, and connected with generating employment for Syrian refugees and Jordanians, to obtain originating status [2016/1436] (OJ L 233, 30.8.2016, p. 6).
(6) Decision No 1/2018 of the EU-Jordan Association Committee of 4 December 2018 amending the provisions of Protocol 3 to the Euro-Mediterranean Agreement establishing an Association between the European Communities and their Member States, of the one part, and the Hashemite Kingdom of Jordan, of the other part, concerning the definition of the concept of ‘originating products’ and the list of working or processing required to be carried out on non-originating materials in order for certain categories of products, manufactured in the territory of the Hashemite Kingdom of Jordan, and connected with generating employment for Syrian refugees and Jordanians, to obtain originating status [2019/42] (OJ L 9, 11.1.2019, p. 147).
(7) See document ST 11793/21 on http://register.consilium.europa.eu
Corrigenda
|
21.10.2021 |
EN |
Official Journal of the European Union |
L 373/94 |
Corrigendum to Regulation (EU, Euratom) 2020/2092 of the European Parliament and of the Council of 16 December 2020 on a general regime of conditionality for the protection of the Union budget
( Official Journal of the European Union L 433 I of 22 December 2020 )
|
1. |
On page 4, recital 19, second subparagraph, second sentence: |
for:
‘The Commission should follow up on such information to verify whether the applicable rules have been respected, in particular Article 63, point (b) of Article 68(1) and Article 98 of Regulation (EU) …/… of the European Parliament and of the Council of … laying down common provisions on the European Regional Development Fund, the European Social Fund Plus, the Cohesion Fund, and the European Maritime and Fisheries Fund and financial rules for those and for the Asylum and Migration Fund, the Internal Security Fund and the Border Management and Visa Instrument (1).
read:
‘The Commission should follow up on such information to verify whether the applicable rules have been respected, in particular Article 69, point (b) of Article 74(1) and Article 104 of Regulation (EU) 2021/1060 of the European Parliament and of the Council (2).
|
2. |
On page 8, Article 5(5): |
for:
|
‘5. |
On the basis of the information provided by the final recipients or beneficiaries in accordance with paragraph 4 of this Article, the Commission shall do its utmost to ensure that any amount due from government entities or Member States as referred to in paragraph 2 of this Article is effectively paid to final recipients or beneficiaries, in accordance with in particular Article 63, point (b) of Article 68(1) and Article 98 of Regulation (EU) …/… of the European Parliament and of the Council of … laying down common provisions on the European Regional Development Fund, the European Social Fund Plus, the Cohesion Fund, and the European Maritime and Fisheries Fund and financial rules for those and for the Asylum and Migration Fund, the Internal Security Fund and the Border Management and Visa Instrument.’, |
read:
|
‘5. |
On the basis of the information provided by the final recipients or beneficiaries in accordance with paragraph 4 of this Article, the Commission shall do its utmost to ensure that any amount due from government entities or Member States as referred to in paragraph 2 of this Article is effectively paid to final recipients or beneficiaries, in accordance with in particular Article 69, point (b) of Article 74(1) and Article 104 of Regulation (EU) 2021/1060.’. |
(1) Not yet published in the Official Journal.’,
(2) Regulation (EU) 2021/1060 of the European Parliament and of the Council of 24 June 2021 laying down common provisions on the European Regional Development Fund, the European Social Fund Plus, the Cohesion Fund, the Just Transition Fund and the European Maritime, Fisheries and Aquaculture Fund and financial rules for those and for the Asylum, Migration and Integration Fund, the Internal Security Fund and the Instrument for Financial Support for Border Management and Visa Policy (OJ L 231, 30.6.2021, p. 159).’.
|
21.10.2021 |
EN |
Official Journal of the European Union |
L 373/95 |
Corrigendum to Commission Delegated Regulation (EU) 2019/2018 of 11 March 2019 supplementing Regulation (EU) 2017/1369 of the European Parliament and of the Council with regard to energy labelling of refrigerating appliances with a direct sales function
( Official Journal of the European Union L 315 of 5 December 2019 )
On page 174, in Annex IV, in Table 4, Section (a) Supermarket cabinets, is replaced with the following:
|
|||||||
|
Category |
Temperature class |
Highest temperature of warmest M-package (°C) |
Lowest temperature of coldest M-package (°C) |
Highest minimum temperature of all M-package (°C) |
Value for C |
||
|
Vertical, combined supermarket refrigerator cabinets |
M2 |
≤ +7 |
≥ –1 |
n.a. |
1,00 |
||
|
H1 and H2 |
≤ +10 |
≥ –1 |
n.a. |
0,82 |
|||
|
M1 |
≤ +5 |
≥ –1 |
n.a. |
1,15 |
|||
|
Horizontal supermarket refrigerator cabinets |
M2 |
≤ +7 |
≥ –1 |
n.a. |
1,00 |
||
|
H1 and H2 |
≤ +10 |
≥ –1 |
n.a. |
0,92 |
|||
|
M1 |
≤ +5 |
≥ –1 |
n.a. |
1,08 |
|||
|
Vertical and combined supermarket freezer cabinets |
L1 |
≤ –15 |
n.a. |
≤ –18 |
1,00 |
||
|
L2 |
≤ –12 |
n.a. |
≤ –18 |
0,90 |
|||
|
L3 |
≤ –12 |
n.a. |
≤ –15 |
0,90 |
|||
|
Horizontal supermarket freezer cabinets |
L1 |
≤ –15 |
n.a. |
≤ –18 |
1,00 |
||
|
L2 |
≤ –12 |
n.a. |
≤ –18 |
0,92 |
|||
|
L3 |
≤ –12 |
n.a. |
≤ –15 |
0,92 ’ |
|||