title: Commission Implementing Regulation (EU) 2019/843 of 23 May 2019 on the minimum selling price for skimmed milk powder for the 36th partial invitation to tender within the tendering procedure opened by Implementing Regulation (EU) 2016/2080

text:
                  24.5.2019

                  EN

                  Official Journal of the European Union

                  L 138/81

         COMMISSION IMPLEMENTING REGULATION (EU) 2019/843
         of 23 May 2019
         on the minimum selling price for skimmed milk powder for the 36th partial invitation to tender within the tendering procedure opened by Implementing Regulation (EU) 2016/2080
         THE EUROPEAN COMMISSION,
         Having regard to the Treaty on the Functioning of the European Union,
         Having regard to Regulation (EU) No 1308/2013 of the European Parliament and of the Council of 17 December 2013 establishing a common organisation of the markets in agricultural products and repealing Council Regulations (EEC) No 922/72, (EEC) No 234/79, (EC) No 1037/2001 and (EC) No 1234/2007 (1),
         Having regard to Commission Implementing Regulation (EU) 2016/1240 of 18 May 2016 laying down rules for the application of Regulation (EU) No 1308/2013 of the European Parliament and of the Council with regard to public intervention and aid for private storage (2), and in particular Article 32 thereof,
         Whereas:

                     (1)

                     Commission Implementing Regulation (EU) 2016/2080 (3) has opened the sale of skimmed milk powder by a tendering procedure.

                     (2)

                     In the light of the tenders received for the 36th partial invitation to tender, a minimum selling price should be fixed.

                     (3)

                     The measures provided for in this Regulation are in accordance with the opinion of the Committee for the Common Organisation of the Agricultural Markets,

               HAS ADOPTED THIS REGULATION:

            Article 1
            For the 36th partial invitation to tender for the selling of skimmed milk powder within the tendering procedure opened by Implementing Regulation (EU) 2016/2080, in respect of which the period during which tenders were to be submitted ended on 21 May 2019, the minimum selling price shall be 167,50 EUR/100 kg.

            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, 23 May 2019.

                  For the Commission,

                  On behalf of the President,

               Jerzy PLEWA

                  Director-General

                  Directorate-General for Agriculture and Rural Development

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

            (2)  OJ L 206, 30.7.2016, p. 71.

            (3)  Commission Implementing Regulation (EU) 2016/2080 of 25 November 2016 opening the sale of skimmed milk powder by a tendering procedure (OJ L 321, 29.11.2016, p. 45).


title: Commission Implementing Regulation (EU) 2019/921 of 3 June 2019 concerning the classification of certain goods in the Combined Nomenclature

text:
                  6.6.2019

                  EN

                  Official Journal of the European Union

                  L 148/1

         COMMISSION IMPLEMENTING REGULATION (EU) 2019/921
         of 3 June 2019
         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 Regulation (EU) No 952/2013 of the European Parliament and of the Council of 9 October 2013 laying down the Union Customs Code (1), and in particular Article 57(4) and Article 58(2) thereof,
         Whereas:

                     (1)

                     In order to ensure uniform application of the Combined Nomenclature annexed to Council Regulation (EEC) No 2658/87 (2), 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.

                     (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 issued in respect of the goods concerned by this Regulation which does not conform to this Regulation may, for a certain period, continue to be invoked by the holder in accordance with Article 34(9) of Regulation (EU) No 952/2013. That period should be set at three months.

                     (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 which does not conform to this Regulation may continue to be invoked in accordance with Article 34(9) of Regulation (EU) No 952/2013 for a period of three months from the date of entry into force of this Regulation.

            Article 3
            This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.

            This Regulation shall be binding in its entirety and directly applicable in all Member States.
            Done at Brussels, 3 June 2019.

                  For the Commission,

                  On behalf of the President,

               Stephen QUEST

                  Director-General

                  Directorate-General for Taxation and Customs Union

            (1)  OJ L 269, 10.10.2013, p. 1.

            (2)  Council Regulation (EEC) No 2658/87 of 23 July 1987 on the tariff and statistical nomenclature and on the Common Customs Tariff (OJ L 256, 7.9.1987, p. 1).

            ANNEX

                        Description of the goods

                        Classification
                        (CN code)

                        Reasons

                        (1)

                        (2)

                        (3)

                        A product in the form of a tablet, containing 400 mg of S-Adenosyl–L-Methionine disulfate p-toluenesulfonate, of which S-Adenosyl–L-Methionine (‘SAMe’) is the active ingredient.
                        The product contains also minor quantities of microcrystalline cellulose, magnesium hydroxide, stearic acid, magnesium stearate, colloidal silica anhydrous, calcium oxide and coating components.
                        The product is presented to be used as a food supplement that facilitates normal function of the liver, helps body detox processes and generally supports good emotional health.
                        The recommended daily dosage is one tablet. The product is presented in bulk.

                        2106 90 92

                        Classification is determined by general rules 1 and 6 for the interpretation of the Combined Nomenclature, additional note 5 to Chapter 21 and the wording of CN codes 2106 , 2106 90  and 2106 90 92 .
                        The content of the active ingredient, ‘SAMe’, per tablet is not suitable for the prevention and treatment of diseases or ailments. Classification under heading 3004  is therefore excluded.
                        Consequently, the product is a food preparation not elsewhere specified or included (see also the Harmonized System Explanatory Notes to heading 2106 , second paragraph, point (16)).
                        The product is therefore to be classified under CN code 2106 90 92  as a food preparation not elsewhere specified or included.


title: Commission Implementing Regulation (EU) 2019/922 of 3 June 2019 concerning the classification of certain goods in the Combined Nomenclature

text:
                  6.6.2019

                  EN

                  Official Journal of the European Union

                  L 148/4

         COMMISSION IMPLEMENTING REGULATION (EU) 2019/922
         of 3 June 2019
         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 Regulation (EU) No 952/2013 of the European Parliament and of the Council of 9 October 2013 laying down the Union Customs Code (1), and in particular Article 57(4) and Article 58(2) thereof,
         Whereas:

                     (1)

                     In order to ensure uniform application of the Combined Nomenclature annexed to Council Regulation (EEC) No 2658/87 (2), 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.

                     (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 issued in respect of the goods concerned by this Regulation which does not conform to this Regulation may, for a certain period, continue to be invoked by the holder in accordance with Article 34(9) of Regulation (EU) No 952/2013. That period should be set at three months.

                     (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 which does not conform to this Regulation may continue to be invoked in accordance with Article 34(9) of Regulation (EU) No 952/2013 for a period of three months from the date of entry into force of this Regulation.

            Article 3
            This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.

            This Regulation shall be binding in its entirety and directly applicable in all Member States.
            Done at Brussels, 3 June 2019.

                  For the Commission,

                  On behalf of the President,

               Stephen QUEST

                  Director-General

                  Directorate-General for Taxation and Customs Union

            (1)  OJ L 269, 10.10.2013, p. 1.

            (2)  Council Regulation (EEC) No 2658/87 of 23 July 1987 on the tariff and statistical nomenclature and on the Common Customs Tariff (OJ L 256, 7.9.1987, p. 1).

            ANNEX

                        Description of the goods

                        Classification
                        (CN code)

                        Reasons

                        (1)

                        (2)

                        (3)

                        A product, composed of fine beige granules, containing white particles, presented in bulk.
                        The product contains:

                                    —

                                    methionine,

                                    —

                                    cystine,

                                    —

                                    calcium pantothenate,

                                    —

                                    thiamine-chlorhydrate,

                                    —

                                    pyridoxine-chlorhydrate,

                                    —

                                    para-aminobenzoic acid,

                                    —

                                    millet extract (Panicum miliaceum),

                                    —

                                    wheat-germ extract,

                                    —

                                    medicinal yeast,

                                    —

                                    iron,

                                    —

                                    zinc,

                                    —

                                    copper (in complex bond),

                              and excipients.
                        In a further production process, the product is homogenised in order to be put into capsules.
                        The product is presented to be used as a food supplement that stops hair loss, forcing hair growth. It is also presented to be beneficial in cases of dry and flaky skin, itchiness and seborrhoea, and to strengthen nails.

                        2106 90 92

                        Classification is determined by general rules 1 and 6 for the interpretation of the Combined Nomenclature and the wording of CN codes 2106 , 2106 90  and 2106 90 92 .
                        The product is a preparation in bulk form essentially containing nutrients (proteins, essential vitamins and minerals) needed to stimulate healthy hair and nails growth. Classification under heading 3003  is therefore excluded (see also the Harmonized System Explanatory Notes (HSEN) to heading 3003 , third and sixth paragraph).
                        Consequently, the product is a food preparation not elsewhere specified or included (see also the HSEN to heading 2106 , second paragraph, point (16)).
                        The product is therefore to be classified under CN code 2106 90 92  as a food preparation not elsewhere specified or included.


title: Commission Implementing Regulation (EU) 2019/924 of 3 June 2019 concerning the classification of certain goods in the Combined Nomenclature

text:
                  6.6.2019

                  EN

                  Official Journal of the European Union

                  L 148/10

         COMMISSION IMPLEMENTING REGULATION (EU) 2019/924
         of 3 June 2019
         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 Regulation (EU) No 952/2013 of the European Parliament and of the Council of 9 October 2013 laying down the Union Customs Code (1), and in particular Article 57(4) and Article 58(2) thereof,
         Whereas:

                     (1)

                     In order to ensure uniform application of the Combined Nomenclature annexed to Council Regulation (EEC) No 2658/87 (2), 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.

                     (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 issued in respect of the goods concerned by this Regulation which does not conform to this Regulation may, for a certain period, continue to be invoked by the holder in accordance with Article 34(9) of Regulation (EU) No 952/2013. That period should be set at three months.

                     (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 which does not conform to this Regulation may continue to be invoked in accordance with Article 34(9) of Regulation (EU) No 952/2013 for a period of three months from the date of entry into force of this Regulation.

            Article 3
            This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.

            This Regulation shall be binding in its entirety and directly applicable in all Member States.
            Done at Brussels, 3 June 2019.

                  For the Commission,

                  On behalf of the President,

               Stephen QUEST

                  Director-General

                  Directorate-General for Taxation and Customs Union

            (1)  OJ L 269, 10.10.2013, p. 1.

            (2)  Council Regulation (EEC) No 2658/87 of 23 July 1987 on the tariff and statistical nomenclature and on the Common Customs Tariff (OJ L 256, 7.9.1987, p. 1).

            ANNEX

                        Description of the goods

                        Classification
                        (CN-code)

                        Reasons

                        (1)

                        (2)

                        (3)

                        An article (so-called ‘optical fibre box with connectors’) of cylindrical shape measuring approximately 140 mm in diameter and 400 mm in height. The weight of the article is approximately 2,5 kg. The article is made mainly of plastics with some small elements (brackets and screws) made of metal.
                        The base of the article is provided with four cable entry points. When the article is fully assembled, the base is fixed to the cylindrical plastic covering of the article by a detachable round clasp.
                        Inside, there is a splice tray made of plastics, attached to the base of the article. This tray contains specific grooves to align optical fibres/optical cables and it is equipped with connectors.
                        The article as a whole is intended for the preservation of optical fibres/optical cables and may be used in different kinds of networks.

                            (*1) See images.

                        8536 70 00

                        Classification is determined by general rules 1 and 6 for the interpretation of the Combined Nomenclature, Note 7 to Chapter 85 and by the wording of CN codes 8536  and 8536 70 00 .
                        Classification under CN code 8536 90 10  is excluded since that code covers ‘connections and contact elements for wire and cables’, i.e. electrical apparatus for making electrical connections. The article in question is a box with connectors for optical fibres, optical fibre bundles or optical cables and does not possess any electrical connections.
                        The article has the characteristics of connectors for optical fibres, opticle fibre bundles or optical cables which simply mechanically align optical fibres end to end in a digital line system (see also the Harmonized System Explanatory Notes to heading 8536 , part IV).
                        Given its characteristics, the article is therefore to be classified under CN code 8536 70 00  as connectors for optical fibres, optical fibre bundles or cables.

               (*1)  Images are purely for information.


title: Commission Implementing Regulation (EU) 2019/925 of 3 June 2019 concerning the classification of certain goods in the Combined Nomenclature

text:
                  6.6.2019

                  EN

                  Official Journal of the European Union

                  L 148/13

         COMMISSION IMPLEMENTING REGULATION (EU) 2019/925
         of 3 June 2019
         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 Regulation (EU) No 952/2013 of the European Parliament and of the Council of 9 October 2013 laying down the Union Customs Code (1), and in particular Article 57(4) and Article 58(2) thereof,
         Whereas:

                     (1)

                     In order to ensure uniform application of the Combined Nomenclature annexed to Council Regulation (EEC) No 2658/87 (2), 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.

                     (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 issued in respect of the goods concerned by this Regulation which does not conform to this Regulation may, for a certain period, continue to be invoked by the holder in accordance with Article 34(9) of Regulation (EU) No 952/2013. That period should be set at three months.

                     (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 which does not conform to this Regulation may continue to be invoked in accordance with Article 34(9) of Regulation (EU) No 952/2013 for a period of three months from the date of entry into force of this Regulation.

            Article 3
            This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.

            This Regulation shall be binding in its entirety and directly applicable in all Member States.
            Done at Brussels, 3 June 2019.

                  For the Commission,

                  On behalf of the President,

               Stephen QUEST

                  Director-General

                  Directorate-General for Taxation and Customs Union

            (1)  OJ L 269, 10.10.2013, p. 1.

            (2)  Council Regulation (EEC) No 2658/87 of 23 July 1987 on the tariff and statistical nomenclature and on the Common Customs Tariff (OJ L 256, 7.9.1987, p. 1).

            ANNEX

                        Description of the goods

                        Classification
                        (CN-code)

                        Reasons

                        (1)

                        (2)

                        (3)

                        A tubular article (so-called ‘activity belt’) made of knitted fabric, consisting of 88 % polyester and 12 % elastane with a circumference of 66 cm. The article is made of two rectangular, equal-sized knitted pieces of textile fabric, which are superimposed and sewn together on three sides to form a reversible elastic ‘activity belt’.
                        The article is fitted with reflectors, a flat pocket with a zipper and two small openings, one of which has a ribbon with an elastic band. It does not have any clasps.
                        The article is designed to be worn around the waist during, for example, sports activities. The pockets/openings store small items such as keys, credit cards and the like.
                        (See images) (*1)

                        6307 90 10

                        Classification is determined by general rules 1 and 6 for the interpretation of the Combined Nomenclature, Note 7(f) to Section XI and by the wording of CN codes 6307 , 6307 90  and 6307 90 10 .
                        The activity belt has the objective characteristics of a made-up textile article within the meaning of heading 6307  and by virtue of Note 7(f) to Section XI.
                        The article is not designed to contain any specific item. It is neither specially shaped nor internally fitted. It is not similar to the containers classified in heading 4202  (see also the first and fourth paragraph and exclusion (c) of the Harmonised System Explanatory Notes to heading 4202 ). Consequently classification under heading 4202  is excluded.
                        The article is therefore to be classified under CN code 6307 90 10  as other ‘other made-up knitted article’.

               (*1)  The images are purely for information.


title: Commission Implementing Regulation (EU) 2019/926 of 3 June 2019 concerning the classification of certain goods in the Combined Nomenclature

text:
                  6.6.2019

                  EN

                  Official Journal of the European Union

                  L 148/16

         COMMISSION IMPLEMENTING REGULATION (EU) 2019/926
         of 3 June 2019
         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 Regulation (EU) No 952/2013 of the European Parliament and of the Council of 9 October 2013 laying down the Union Customs Code (1), and in particular Article 57(4) and Article 58(2) thereof,
         Whereas:

                     (1)

                     In order to ensure uniform application of the Combined Nomenclature annexed to Council Regulation (EEC) No 2658/87 (2), 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.

                     (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 issued in respect of the goods concerned by this Regulation which does not conform to this Regulation may, for a certain period, continue to be invoked by the holder in accordance with Article 34(9) of Regulation (EU) No 952/2013. That period should be set at three months.

                     (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 which does not conform to this Regulation may continue to be invoked in accordance with Article 34(9) of Regulation (EU) No 952/2013 for a period of three months from the date of entry into force of this Regulation.

            Article 3
            This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.

            This Regulation shall be binding in its entirety and directly applicable in all Member States.
            Done at Brussels, 3 June 2019.

                  For the Commission,

                  On behalf of the President,

               Stephen QUEST

                  Director-General

                  Directorate-General for Taxation and Customs Union

            (1)  OJ L 269, 10.10.2013, p. 1.

            (2)  Council Regulation (EEC) No 2658/87 of 23 July 1987 on the tariff and statistical nomenclature and on the Common Customs Tariff (OJ L 256, 7.9.1987, p. 1).

            ANNEX

                        Description of the goods

                        Classification
                        (CN-code)

                        Reasons

                        (1)

                        (2)

                        (3)

                        An article measuring approximately 160 × 54 × 38 cm and weighing approximately 1,5 kg, consisting of two layers of textile fabric assembled together and a padding of cellular plastic inside. The inner side of the textile fabric is coated with plastics.
                        The article has a back support consisting of a collapsible frame of metal rods which is partially integrated in the article. A storage bag is sewn to the edge of the back support. The back support can be adjusted in height by means of a strap with a buckle of plastics.
                        The article can be folded to be transported or stored. It has a carrying strap sewn to the upper corners of the back support, and there are various ‘Velcro’-type straps to fasten the back support to the lying surface during transportation or storage.
                        It is presented as a camping mat or as a beach mat.
                        See image (*1).

                        6306 90 00

                        Classification is determined by general rules (GIR) 1, 3(b) and 6 for the interpretation of the Combined Nomenclature and by the wording of CN codes 6306  and 6306 90 00 .
                        Due to the textile material constituting the main part of the surface, the textile material gives the article its essential character within the meaning of GIR 3(b).
                        According to its objective characteristics (lightweight, plastic-coated for protection, quick to set up and to pack away and easy to transport), the article is designed for outdoor use to be taken to, for example, camping grounds, the beach, etc. and to be used there temporarily (see also the Combined Nomenclature Explanatory Notes to subheading 6306 90 00 ).
                        Classification of the article under heading 9404  as an article of bedding or similar furnishing, such as a mattress, is excluded as the article is not designed for furnishing a bed and is not similar to a mattress or the like.
                        The article is therefore to be classified under CN code 6306 90 00  as other camping articles.

               (*1)  The image is purely for information.


title: Commission Implementing Regulation (EU) 2019/927 of 3 June 2019 concerning the classification of certain goods in the Combined Nomenclature

text:
                  6.6.2019

                  EN

                  Official Journal of the European Union

                  L 148/19

         COMMISSION IMPLEMENTING REGULATION (EU) 2019/927
         of 3 June 2019
         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 Regulation (EU) No 952/2013 of the European Parliament and of the Council of 9 October 2013 laying down the Union Customs Code (1), and in particular Article 57(4) and Article 58(2) thereof,
         Whereas:

                     (1)

                     In order to ensure uniform application of the Combined Nomenclature annexed to Council Regulation (EEC) No 2658/87 (2), 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.

                     (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 issued in respect of the goods concerned by this Regulation which does not conform to this Regulation may, for a certain period, continue to be invoked by the holder in accordance with Article 34(9) of Regulation (EU) No 952/2013. That period should be set at three months.

                     (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 which does not conform to this Regulation may continue to be invoked in accordance with Article 34(9) of Regulation (EU) No 952/2013 for a period of three months from the date of entry into force of this Regulation.

            Article 3
            This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.

            This Regulation shall be binding in its entirety and directly applicable in all Member States.
            Done at Brussels, 3 June 2019.

                  For the Commission,

                  On behalf of the President,

               Stephen QUEST

                  Director-General

                  Directorate-General for Taxation and Customs Union

            (1)  OJ L 269, 10.10.2013, p. 1.

            (2)  Council Regulation (EEC) No 2658/87 of 23 July 1987 on the tariff and statistical nomenclature and on the Common Customs Tariff (OJ L 256, 7.9.1987, p. 1).

            ANNEX

                        Description of the goods

                        Classification
                        (CN-code)

                        Reasons

                        (1)

                        (2)

                        (3)

                        A basket measuring approximately 32 × 27 × 20 cm in the shape of a cuboid.
                        The article consists of wire of steel (diameter of the wire is approximately 4 mm) and paper. The wire is placed solely along the edges of the cuboid forming a frame. The frame sustains a fabric of warp and weft strands of paper.
                        Each strand consists of two folded and twisted lengthwise strips of paper that are twisted together. Each twisted strip of paper measures approximately 5,5 mm in width. The wire is totally covered by the paper.
                        See images (*1)

                        6307 90 98

                        Classification is determined by general rules (GIR) 1, 3(b) and 6 for the interpretation of the Combined Nomenclature, Note 1 to Chapter 63 and by the wording of CN codes 6307 , 6307 90  and 6307 90 98 .
                        The basket is not a household article of iron or steel of heading 7323  because it is not the wire of base metal but the paper fabric that gives the article its essential character within the meaning of GIR 3(b), as the article has the appearance of a paper basket. It does not have the appearance of a basket of metal as the wire is completely covered by the paper and thus, not visible. Moreover, the article is mainly made of paper. Classification in heading 7323  is therefore excluded.
                        As the paper strips are twisted, they are considered paper yarn (textile yarn) within the meaning of heading 5308  (see also the Harmonised System Explanatory Notes (HSEN) to heading 5308 , (B) paper yarn, third paragraph). Classification of the article in Chapter 46 is excluded by virtue of Note 1 to Chapter 46 because textile yarns are not considered ‘plaiting materials’.
                        Moreover, the yarns are woven together creating a fabric (warp and weft strands). The basket is therefore not an article of paper yarn but an article made of fabric and its classification in heading 5609  is excluded (see also the HSEN to heading 5609 , first and third paragraph, (c)).
                        Made-up textile articles of any textile fabric which are not more specifically described elsewhere in the Nomenclature are classified under Sub-Chapter I of Chapter 63 (see also the HSEN to Chapter 63, General, (1), first paragraph).
                        The article is therefore to be classified under CN code 6307 90 98  as other made-up textile articles.

               (*1)  The images are purely for information.


title: Commission Implementing Regulation (EU) 2019/928 of 3 June 2019 concerning the classification of certain goods in the Combined Nomenclature

text:
                  6.6.2019

                  EN

                  Official Journal of the European Union

                  L 148/22

         COMMISSION IMPLEMENTING REGULATION (EU) 2019/928
         of 3 June 2019
         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 Regulation (EU) No 952/2013 of the European Parliament and of the Council of 9 October 2013 laying down the Union Customs Code (1), and in particular Article 57(4) and Article 58(2) thereof,
         Whereas:

                     (1)

                     In order to ensure uniform application of the Combined Nomenclature annexed to Council Regulation (EEC) No 2658/87 (2), 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.

                     (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 issued in respect of the goods concerned by this Regulation which does not conform to this Regulation may, for a certain period, continue to be invoked by the holder in accordance with Article 34(9) of Regulation (EU) No 952/2013. That period should be set at three months.

                     (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 which does not conform to this Regulation may continue to be invoked in accordance with Article 34(9) of Regulation (EU) No 952/2013 for a period of three months from the date of entry into force of this Regulation.

            Article 3
            This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.

            This Regulation shall be binding in its entirety and directly applicable in all Member States.
            Done at Brussels, 3 June 2019.

                  For the Commission,

                  On behalf of the President,

               Stephen QUEST

                  Director-General

                  Directorate-General for Taxation and Customs Union

            (1)  OJ L 269, 10.10.2013, p. 1.

            (2)  Council Regulation (EEC) No 2658/87 of 23 July 1987 on the tariff and statistical nomenclature and on the Common Customs Tariff (OJ L 256, 7.9.1987, p. 1).

            ANNEX

                        Description of the goods

                        Classification
                        (CN-code)

                        Reasons

                        (1)

                        (2)

                        (3)

                        An article (so-called ‘optical fibre box without connectors’) of cylindrical shape measuring approximately 140 mm in diameter and 400 mm in height. The weight of the article is approximately 2,5 kg. The article is made mainly of plastics with some small elements (brackets and screws) made of metal.
                        The base of the article is provided with four cable entry points. When the article is fully assembled, the base is fixed to the cylindrical plastic covering of the article by a detachable round clasp.
                        Inside, there is a splice tray made of plastics, attached to the base of the article. This tray contains specific grooves. At the time of presentation the article is not equipped with any connectors.
                        The article as a whole is intended for the preservation of cables.

                            (*1) See images

                        3926 90 97

                        Classification is determined by general rules 1 and 6 for the interpretation of the Combined Nomenclature and by the wording of CN codes 3926 , 3926 90  and 3926 90 97 .
                        Classification under subheading 8536 70 00  as ‘connectors for optical fibres, optical fibre bundles or cables’ or under subheading 8536 90 10  as ‘connections and contact elements for wire and cables’ (which are electrical apparatus for making connections) is excluded, as the article in question is just a box. It is neither equipped with connectors for optical fibres, optical-fibre bundles or optical cables nor does it possess any ‘connections and contact elements for wire and cables’.
                        Classification under heading 8538  as ‘parts suitable for use solely or principally with the apparatus of heading 8535 , 8536  or 8537 ’ is also excluded as due to the absence of connectors, contacts or provisions therefor, the article can be considered neither electrical apparatus of heading 8536  nor an identifiable part thereof.
                        Consequently, the article is to be classified according to its constituent material (plastics) under CN code 3926 90 97  as other articles of plastics.

               (*1)  Images are purely for information.


title: Commission Implementing Regulation (EU) 2019/929 of 5 June 2019 concerning the authorisation of a preparation of endo-1,4-beta-xylanase (EC 3.2.1.8) produced by Trichoderma reesei (BCCM/MUCL 49755) as a feed additive for chickens for fattening and weaned piglets (holder of authorisation Berg and Schmidt GmbH Co. KG) (Text with EEA relevance.)

text:
                  6.6.2019

                  EN

                  Official Journal of the European Union

                  L 148/25

         COMMISSION IMPLEMENTING REGULATION (EU) 2019/929
         of 5 June 2019
         concerning the authorisation of a preparation of endo-1,4-beta-xylanase (EC 3.2.1.8) produced by Trichoderma reesei (BCCM/MUCL 49755) as a feed additive for chickens for fattening and weaned piglets (holder of authorisation Berg and Schmidt GmbH Co. KG)
         (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 1831/2003 of the European Parliament and of the Council of 22 September 2003 on additives for use in animal nutrition (1), and in particular Article 9(2) thereof,
         Whereas:

                     (1)

                     Regulation (EC) No 1831/2003 provides for the authorisation of additives for use in animal nutrition and for the grounds and procedures for granting such authorisation.

                     (2)

                     In accordance with Article 7 of Regulation (EC) No 1831/2003 an application was submitted for the authorisation of a preparation of endo-1,4-beta-xylanase (EC 3.2.1.8) produced by Trichoderma reesei (BCCM/MUCL 49755). That application was accompanied by the particulars and documents required under Article 7(3) of Regulation (EC) No 1831/2003.

                     (3)

                     The application concerns the authorisation of a preparation of endo-1,4-beta-xylanase (EC 3.2.1.8) produced by Trichoderma reesei (BCCM/MUCL 49755) as a feed additive for chickens for fattening and weaned piglets to be classified in the additive category ‘zootechnical additives’.

                     (4)

                     The European Food Safety Authority (‘the Authority’) concluded in its opinions of 25 January 2017 (2) and 2 October 2018 (3) that, under the proposed conditions of use, the preparation of endo-1,4-beta-xylanase (EC 3.2.1.8) produced by Trichoderma reesei (BCCM/MUCL 49755) does not have an adverse effect on animal health, consumer safety or the environment. It was also concluded that the additive may have a skin and respiratory sensitisation potential. Therefore, the Commission considers that appropriate protective measures should be taken to prevent adverse effects on human health, in particular as regards the users of the additive. The Authority concluded that the additive is considered efficacious in improving final body weight and feed to gain ratio in chickens for fattening and weaned piglets. The Authority does not consider that there is a need for specific requirements of post-market monitoring. It also verified the report on the method of analysis of the feed additive in feed submitted by the Reference Laboratory set up by Regulation (EC) No 1831/2003.

                     (5)

                     The assessment of the preparation of endo-1,4-beta-xylanase (EC 3.2.1.8) produced by Trichoderma reesei (BCCM/MUCL 49755) shows that the conditions for authorisation, as provided for in Article 5 of Regulation (EC) No 1831/2003, are satisfied. Accordingly, the use of that preparation should be authorised as specified in the Annex to this Regulation.

                     (6)

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

               HAS ADOPTED THIS REGULATION:

            Article 1
            The preparation specified in the Annex, belonging to the additive category ‘zootechnical additives’ and to the functional group ‘digestibility enhancers’, is authorised as an additive in animal nutrition, subject to the conditions laid down in that Annex.

            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, 5 June 2019.

                  For the Commission

                  The President

               Jean-Claude JUNCKER

            (1)  OJ L 268, 18.10.2003, p. 29.

            (2)  EFSA Journal 2017;15(2):4707

            (3)  EFSA Journal 2018;16(10):5457.

            ANNEX

                        Identification number of the additive

                        Name of the holder of authorisation

                        Additive

                        Composition, chemical formula, description, analytical method

                        Species or category of animal

                        Maximum age

                        Minimum content

                        Maximum content

                        Other provisions

                        End of period of authorisation

                        Units of activity/kg of complete feedingstuff with a moisture content of 12 %

                           Category of zootechnical additives. Functional group: digestibility enhancers.

                        4a26

                        Berg and Schmidt GmbH Co. KG

                        Endo-1,4-beta-xylanase
                        (EC 3.2.1.8)

                           Additive composition

                        Preparation of endo-1,4-beta-xylanase (EC 3.2.1.8) produced by Trichoderma reesei (BCCM/MUCL 49755) with a minimum activity of 15 000  EPU (1)/g
                        Solid form

                           Characterisation of active substance

                        endo-1,4-beta-xylanase (EC 3.2.1.8) produced by Trichoderma reesei (BCCM/MUCL 49755)

                           Analytical method
                            (2)

                        For quantification of endo-1,4-beta-xylanase activity in the feed additive, premixtures and feedingstuffs:

                                    —

                                    colorimetric method measuring water soluble dye released by action of endo-1,4-β-xylanase from azurine cross-linked wheat arabinoxylan substrates.

                        Chickens for fattening
                        Weaned piglets

                        —

                        1 500  EPU

                                    1.

                                    In the directions for use of the additive and premixture, the storage conditions and stability to heat treatment shall be indicated.

                                    2.

                                    For use in weaned piglets up to approximately 35 kg body weight.

                                    3.

                                    For users of the additive and premixtures, feed business operators shall establish operational procedures and organisational measures to address potential risks resulting from their use. Where those risks cannot be eliminated or reduced to a minimum by such procedures and measures, the additive and premixtures shall be used with personal protective equipment, including skin, eyes and breathing protection.

                        26.6.2029

               (1)  One Endopentosanase Unit (EPU) corresponds to the amount of enzyme which liberates 0,0083 μmol of reducing sugars (xylose equivalents) from oat spelt xylan per minute at pH 4,7 and 50 °C.

               (2)  Details of the analytical methods are available at the following address of the Reference Laboratory: https://ec.europa.eu/jrc/en/eurl/feed-additives/evaluation-reports


title: Commission Implementing Regulation (EU) 2019/1129 of 2 July 2019 amending Implementing Regulation (EU) No 79/2012 laying down detailed rules for implementing certain provisions of Council Regulation (EU) No 904/2010 concerning administrative cooperation and combating fraud in the field of value added tax

text:
                  3.7.2019

                  EN

                  Official Journal of the European Union

                  L 179/1

         COMMISSION IMPLEMENTING REGULATION (EU) 2019/1129
         of 2 July 2019
         amending Implementing Regulation (EU) No 79/2012 laying down detailed rules for implementing certain provisions of Council Regulation (EU) No 904/2010 concerning administrative cooperation and combating fraud in the field of value added tax
         THE EUROPEAN COMMISSION,
         Having regard to the Treaty on the Functioning of the European Union,
         Having regard to Council Regulation (EU) No 904/2010 of 7 October 2010 on administrative cooperation and combating fraud in the field of value added tax (1), and in particular Article 17(2) and (3), Article 21(3) and Article 21a(3) thereof,
         Whereas:

                     (1)

                     Article 17(1)(f) and Article 21(2a) of Regulation (EU) No 904/2010 require Member States to store information on VAT exempted importations collected by them under Article 143(2) of Council Directive 2006/112/EC (2) and to grant other Member States automated access to that information, with a view to helping Member States identify discrepancies in VAT reporting and potential VAT frauds.

                     (2)

                     Information on such VAT exempted importations is already collected by national customs authorities under Regulation (EU) No 952/2013 of the European Parliament and of the Council (3) and forwarded to the Commission using the electronic system referred to in Article 56(1) of Commission Implementing Regulation (EU) 2015/2447 (4). The storage of and automated access to information on VAT exempted importations required by Article 17(1)(f) and Article 21(2a) of Regulation (EU) No 904/2010 should take place using that same electronic system for the sake of efficiency. In order to guarantee uniform implementation of those Articles of Regulation (EU) No 904/2010, it is necessary to specify the data elements of customs information collected under Regulation (EU) No 952/2013 that correspond to the information referred to in Article 17(1)(f) of Regulation (EU) No 904/2010.

                     (3)

                     The technical details concerning the automated enquiry of the information referred to in Article 17(1)(f) of Regulation (EU) No 904/2010 should allow for national tax authorities and Eurofisc liaison officials to have automated access to the electronic system referred to in Article 56(1) of Implementing Regulation (EU) 2015/2447.

                     (4)

                     Article 21a of Regulation (EU) No 904/2010 grants Eurofisc liaison officials automated access to certain vehicle registration information. Automated enquiry of that information should be conducted via a version of the European Vehicle and Driving Licence Information System (EUCARIS) especially designed for the purposes of Article 21a of that Regulation. In the context of VAT, Eurofisc liaison officials should be in a position to request precise identification data relating to vehicles and their owners and holders. To this end, the data as well as the means that will be used to retrieve the data from the system should be specified. It is also necessary to define the availability and reliability of the system, how exchanges will be secured, and which communication network will be used.

                     (5)

                     At national level, incoming requests to access vehicle registration data for VAT purposes will usually be processed by each Member State's national vehicle registration authorities. Nevertheless, Member States should be free to decide to entrust that responsibility to another authority if they wish. As regards outgoing requests, Member States should again be free to decide whether to entrust responsibility for the processing of such requests to their national vehicle registration authorities or to another authority, such as their tax authorities.

                     (6)

                     Article 21(2)(e) and (2a)(d) and Article 21a(2) of Regulation (EU) No 904/2010 lay down the conditions under which access to certain information is to be granted. In order to implement those conditions, Member States should be required to allocate a unique personal user identification to each of their Eurofisc liaison officials and to make a list of those personal user identifications available to the other Member States and to the Commission. They should also make sure that each automated outgoing request for information sent out by their Eurofisc liaison officials contains the Eurofisc liaison official's personal user identification.

                     (7)

                     Articles 17(1)(f), 21(2a) and 21a of Regulation (EU) No 904/2010 are to apply from 1 January 2020, in accordance with Article 3 of Council Regulation (EU) 2018/1541 (5). Application of the measures provided for in this Regulation should therefore apply from 1 January 2020 too.

                     (8)

                     The measures provided for in this Regulation are in accordance with the opinion of the Standing Committee on Administrative Cooperation,

               HAS ADOPTED THIS REGULATION:

            Article 1
            Commission Implementing Regulation (EU) No 79/2012 (6) is amended as follows:

                        (1)

                        Article 1 is replaced by the following:

                           ‘Article 1
                           Subject matter
                           This Regulation lays down detailed rules for implementing Articles 14, 17(1)(f), 21(2)(e), 21(2a)(d), 21a(1) and (2), 32, 48, 49 and Article 51(1) of Regulation (EU) No 904/2010.’;

                        (2)

                        the following Articles are inserted:

                           ‘Article 5a
                           Exchange of customs information

                              1.   The storage of and automated access by competent authorities to the information referred to in Article 17(1)(f) of Regulation (EU) No 904/2010 shall take place using the electronic system referred to in Article 56(1) of Commission Implementing Regulation (EU) 2015/2447 (*1).

                              2.   Automated access pursuant to Article 21(2a) of Regulation (EU) No 904/2010 shall be granted at the level of the goods item of a customs declaration as provided for in Section 3 of Chapter 2, and Column H1 of Section 1 of Chapter 3, in Title I of Annex B to Commission Delegated Regulation (EU) 2015/2446 (*2).

                              3.   Each goods item shall be identified by the following information as required in accordance with Article 226 of Implementing Regulation (EU) 2015/2447:

                                          (a)

                                          the Master Reference Number; and

                                          (b)

                                          the customs declaration acceptance date.

                              4.   Annex VII to this Regulation sets out which piece of information referred to in Article 17(1)(f) of Regulation (EU) No 904/2010 corresponds to which data element of the customs system as defined in Annex B to Implementing Regulation (EU) 2015/2447.

                           Article 5b
                           Exchange of vehicle registration information

                              1.   Automated enquiry of the information referred to in Article 21a(1) of Regulation (EU) No 904/2010 (“vehicle registration data”) shall be conducted using a version of the European Vehicle and Driving Licence Information System (EUCARIS) software application especially designed for the purposes of Article 21a of that Regulation, and amended versions of that software.
                              Automated enquiry of vehicle registration data shall take place within a decentralised structure.
                              The vehicle registration data exchanged via the EUCARIS system shall be transmitted in encrypted form.
                              The specific version of the software application developed by the EUCARIS nominated party for operation for the automated enquiry of vehicle registration data for the purposes of Article 21a of Regulation (EU) No 904/2010 shall be separate from other versions of that software application available in EUCARIS. Automated enquiries shall be conducted in compliance with the requirements for data security and technical conditions of the data exchange referred to in points 2 and 3 of Chapter 3 of the Annex to Council Decision 2008/616/JHA (*3). The data elements of the vehicle registration data to be exchanged and the types of enquiry that are permitted shall be as specified in Annex VIII to this Regulation.

                              2.   Automated access to vehicle registration data shall take place using the Trans European Services for Telematics between Administrations (TESTA) communications network and further developments thereof.

                              3.   Member States shall take all necessary measures to ensure that automated enquiry of and automated access to vehicle registration data is possible 24 hours a day and seven days a week. In the event of a technical fault, the Member States' national contact points shall immediately inform each other with the support of the EUCARIS nominated party for operations, if needed. Automated data exchange shall be re-established as quickly as possible.

                              4.   Each Member State shall designate one national authority as a national contact point responsible within that Member State for processing incoming requests for vehicle registration data for VAT purposes provided for in Article 21a of Regulation (EU) No 904/2010 and one for processing outgoing requests. The same authority may be responsible for processing both exchanges. It shall inform the other Member States and the Commission thereof.

                           Article 5c
                           Identification of Eurofisc Liaison Officials accessing information collated by the customs authorities, the recapitulative statements collected pursuant to Chapter 6 of Title XI of Directive 2006/112/EC and vehicle registration data
                           To enable a Member State to identify a Eurofisc liaison official accessing information provided by that Member State under the conditions set out in Article 21(2)(e) or (2a)(d) or Article 21a(2) of Regulation (EU) No 904/2010, the following arrangements shall be implemented:

                                       (a)

                                       each Member State shall allocate a unique personal user identification to each of its Eurofisc liaison officials;

                                       (b)

                                       each Member State shall keep and update promptly a list of the names and unique personal user identifications of each of its Eurofisc liaison officials and shall make the up-to-date list available to the other Member States and the Commission;

                                       (c)

                                       each Member State shall ensure that any automated enquiry that it makes of the information referred to in Article 21(2)(e) or (2a)(d) or Article 21a(1) of Regulation (EU) No 904/2010 contains the unique personal user identification of the Eurofisc liaison official accessing the information.

                           (*1)  Commission Implementing Regulation (EU) 2015/2447 of 24 November 2015 laying down detailed rules for implementing certain provisions of Regulation (EU) No 952/2013 of the European Parliament and of the Council laying down the Union Customs Code (OJ L 343, 29.12.2015, p. 558)."

                           (*2)  Commission Delegated Regulation (EU) 2015/2446 of 28 July 2015 supplementing Regulation (EU) No 952/2013 of the European Parliament and of the Council as regards detailed rules concerning certain provisions of the Union Customs Code (OJ L 343, 29.12.2015, p. 1)."

                           (*3)  Council Decision 2008/616/JHA of 23 June 2008 on the implementation of Decision 2008/615/JHA on the stepping up of cross-border cooperation, particularly in combating terrorism and cross-border crime (OJ L 210, 6.8.2008, p. 12).’;"

                        (3)

                        in the Annexes, the Annexes set out in the Annex to this Regulation are added.

            Article 2
            This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.
            It shall apply from 1 January 2020.

            This Regulation shall be binding in its entirety and directly applicable in all Member States.
            Done at Brussels, 2 July 2019.

                  For the Commission

                  The President

               Jean-Claude JUNCKER

            (1)  OJ L 268, 12.10.2010, p. 1.

            (2)  Council Directive 2006/112/EC of 28 November 2006 on the common system of value added tax (OJ L 347, 11.12.2006, p. 1).

            (3)  Regulation (EU) No 952/2013 of the European Parliament and of the Council of 9 October 2013 laying down the Union Customs Code (OJ L 269, 10.10.2013, p. 1).

            (4)  Commission Implementing Regulation (EU) 2015/2447 of 24 November 2015 laying down detailed rules for implementing certain provisions of Regulation (EU) No 952/2013 of the European Parliament and of the Council laying down the Union Customs Code (OJ L 343, 29.12.2015, p. 558).

            (5)  Council Regulation (EU) 2018/1541 of 2 October 2018 amending Regulations (EU) No 904/2010 and (EU) 2017/2454 as regards measures to strengthen administrative cooperation in the field of value added tax (OJ L 259, 16.10.2018, p. 1).

            (6)  Commission Implementing Regulation (EU) No 79/2012 of 31 January 2012 laying down detailed rules for implementing certain provisions of Council Regulation (EU) No 904/2010 concerning administrative cooperation and combating fraud in the field of value added tax (OJ L 29, 1.2.2012, p. 13).

            ANNEX

                     ‘ANNEX VII

                        Common data-set and technical details for the storage of and automated access to customs information

                     The table sets out which piece of information referred to in Article 17(1)(f) of Regulation (EU) No 904/2010 corresponds to which data element exchanged through the electronic system referred to in Article 56(1) of Implementing Regulation (EU) 2015/2447.

                                 Piece of information referred to in Article 17(1)(f) of Regulation (EU) No 904/2010

                                 Data element order number provided for in Implementing Regulation (EU) 2015/2447

                                 Data element name and additional information provided for in Implementing Regulation (EU) 2015/2447

                                 VAT identification number of the importer in the country of importation

                                 3/40 FR1

                                 Additional fiscal references identification No (Party: Importer)

                                 VAT identification number of the tax representative of the importer in the country of importation

                                 3/40 FR3

                                 Additional fiscal references identification No (Party: Tax Representative)

                                 VAT identification number of the customer in another Member State

                                 3/40 FR2

                                 Additional fiscal references identification No (Party: Customer)

                                 Country of origin

                                 5/15 or 5/16

                                 Country of origin or Country of preferential origin

                                 Country of destination

                                 5/8

                                 Country of destination

                                 Commodity code

                                 6/14

                                 Commodity code — Combined nomenclature code.

                                 Total amount

                                 4/4 B00

                                 Tax base (*1)

                                 Item price

                                 8/6

                                 Statistical value

                                 Net weight

                                 6/1

                                 Net mass (kg)

                           The currency of the information stored in the electronic system referred to in Article 56(1) of Implementing Regulation (EU) 2015/2447 is euro. The exchange rate between the currency of the Member State of importation and euro will be provided by the system automatically.

                     ANNEX VIII

                        Common data-set and technical details for automated enquiry of vehicle registration data

                     1.   OBLIGATION
                     Each data element reported under section 4 of this Annex shall be communicated when the information is available in a Member State's national vehicle register.
                     2.   VEHICLE/OWNER/HOLDER SEARCH
                     There are five different ways to search for vehicle registration data:

                                 (1)

                                 by Chassis Number (VIN), Reference Date and Time (optional),

                                 (2)

                                 by Licence Plate Number, Vehicle Chassis Number (VIN) (optional), Reference Date and Time (optional),

                                 (3)

                                 by Vehicle Holder, date of birth (optional), Reference Date and Time (optional),

                                 (4)

                                 by Vehicle Owner, date of birth (optional), Reference Date and Time (optional),

                                 (5)

                                 by VAT number of the holder/owner of the vehicle, Reference Date and Time (optional).

                           Without prejudice to the obligation set out in section 1 of this Annex, the Member States may decide not to make all these search modes available if, in the case of outgoing requests, they deem that one or more of them do not meet their Eurofisc liaison officials' needs or, in the case of incoming requests, the information requested is not available in that Member State's national vehicle register.
                     3.   TYPES OF QUERIES
                     Based on the data set defined in section 4 of this Annex, and the type of search provided for in section 2, seven different types of queries can be submitted:

                                 (1)

                                 Vehicle-owner/holder inquiry:
                                 Requesting a limited set of vehicle information plus the owner and/or holder of the vehicle based on the country-code and Licence Plate Number or Vehicle Chassis Number (VIN), and reference date/time. In case the inquiry is made by Vehicle Chassis Number, it is possible to broadcast the request to several or all connected countries.

                                 (2)

                                 Extended vehicle-owner/holder inquiry:
                                 Requesting an extended set of technical vehicle data, registration data and the owner and holder of the vehicle based on the country-code and Licence Plate Number or Vehicle Chassis Number (VIN), and reference date/time. In case the inquiry is made by VIN, it is possible to broadcast the request to several or all connected countries.

                                 (3)

                                 Vehicle-owner/holder history inquiry:
                                 Requesting the list of all past owners/holders of a vehicle whichever the countries where the vehicle was previously registered by the provision of a Vehicle Chassis Number (VIN), without a reference date/time. It is possible to broadcast the request to several or all connected countries.

                                 (4)

                                 Vehicles by owner/holder Inquiry:
                                 Requesting all vehicles, with a limited set of identifying data, registered on the name of a given natural person based on the first name, last name, date of birth (optional) or ID (optional) of the owner/holder or of a given legal person based on the company's registration name.

                                 (5)

                                 Vehicle by VAT number inquiry:
                                 Requesting all vehicles, with a limited set of identifying data, registered on the name of a given natural person or a given legal person based on the VAT number.

                                 (6)

                                 A batch version of the abovementioned queries 1, 2, 3, 4, and 5 containing several cases. A batch will always be sent to one specific country

                                 (7)

                                 A hit/no hit inquiry containing several Vehicle Chassis Number (VINs) sent out to several countries. In reply, the requesting Member State will receive a series of tables (a table per responding Member State) with an indication of which VINs were found/not found. This function will only be available in batch mode.

                           Normally, the actual Date and Time is used to make a query, but it is possible to conduct a search with a Reference Date and Time in the past. When a query is made with a Reference Date and Time in the past and historical information is not available in the register of the specific Member State because no such information is registered at all, the actual information can be returned with an indication that the information is actual information
                     Without prejudice to the obligation set out in section 1 of this Annex, the Member States may decide not to make all these query modes available if, in the case of outgoing requests, they deem that one or more of them do not meet their Eurofisc liaison officials' needs or, in the case of incoming requests, the information requested is not available in that Member State's national vehicle register.
                     4.   DATA SET

                                 Data relating to the holder of the vehicle

                                 Registration holder's (company) name

                                 separate fields will be used for surname, infixes, titles, etc., and the name in printable format will be communicated

                                 First name

                                 separate fields for first name(s) and initials will be used, and the name in printable format will be communicated

                                 Address

                                 separate fields will be used for Street, House number and Annex, Zip code, Place of residence, Country of residence, etc., and the Address in printable format will be communicated

                                 Date of birth

                                 Legal entity

                                 individual, association, company, firm, etc.

                                 ID number

                                 an identifier that uniquely identifies the person or the company.

                                 Type of ID number

                                 the type of ID Number (e.g. passport number).

                                 VAT number

                                 Start date holdership

                                 start date of the holdership of the car. This date will often be the same as printed under (I) on the registration certificate of the vehicle

                                 End date holdership

                                 end data of the holdership of the car

                                 Data relating to the owner of the vehicle

                                 Owner's (company) name

                                 separate fields will be used for surname, infixes, titles, etc., and the name in printable format will be communicated

                                 First name

                                 separate fields for first name(s) and initials will be used, and the name in printable format will be communicated

                                 Address

                                 separate fields will be used for Street, House number and Annex, Zip code, Place of residence, Country of residence, etc., and the Address in printable format will be communicated

                                 Date of birth

                                 Legal entity

                                 individual, association, company, firm, etc.

                                 ID number

                                 an identifier that uniquely identifies the person or the company.

                                 Type of ID number

                                 the type of ID Number (e.g. passport number).

                                 VAT number

                                 Start date ownership

                                 start date of the ownership of the car. This date will often be the same as printed under (I) on the registration certificate of the vehicle

                                 End date ownership

                                 end date of the ownership of the car

                                 Data relating to vehicles

                                 Licence Plate number

                                 Chassis number/VIN

                                 Country of registration

                                 Make

                                 (D.1) e.g. Ford, Opel, Renault, etc.

                                 Commercial type of vehicle

                                 (D.3) e.g. Focus, Astra, Megane

                                 Nature of the vehicle/EU category code

                                 e.g. moped, motorbike, car, etc.

                                 Colour

                                 Mileage

                                 Mass

                                 Mass of the vehicle in service

                                 Date of first registration

                                 date of first registration of the vehicle somewhere in the world

                                 Start date (actual) registration

                                 date of the registration to which the specific certificate of the vehicle refers

                                 End date registration

                                 end date of the registration to which the specific certificate of the vehicle refers. It is possible that this date indicates the period of validity as printed on the document if not unlimited (document abbreviation = H).

                                 Status

                                 Scrapped, stolen, exported, etc.

                                 Start date status

                                 End date Status

               ’

               (*1)  When Union code entered for data element No 4/3 (Calculation of Taxes – Tax type) is B00


title: Commission Implementing Regulation (EU) 2019/1130 of 2 July 2019 on the uniform conditions for the harmonised application of territorial typologies pursuant to Regulation (EC) No 1059/2003 of the European Parliament and of the Council

text:
                  3.7.2019

                  EN

                  Official Journal of the European Union

                  L 179/9

         COMMISSION IMPLEMENTING REGULATION (EU) 2019/1130
         of 2 July 2019
         on the uniform conditions for the harmonised application of territorial typologies pursuant to Regulation (EC) No 1059/2003 of the European Parliament and of the Council
         THE EUROPEAN COMMISSION,
         Having regard to the Treaty on the Functioning of the European Union,
         Having regard to Regulation (EC) No 1059/2003 of the European Parliament and of the Council of 26 May 2003 on the establishment of a common classification of territorial units for statistics (NUTS) (1), and in particular Article 4b(5) thereof,
         Whereas:

                     (1)

                     Regulation (EC) No 1059/2003 constitutes the legal framework for the regional classification of the Union in order to enable the collection, compilation and dissemination of harmonised regional statistics.

                     (2)

                     Article 4b of Regulation (EC) No 1059/2003 empowers the Commission to establish at Union level uniform conditions for the harmonised application of the territorial typologies referred to in that Article.

                     (3)

                     Those conditions should describe the method for assigning the typologies to individual local administrative units (LAUs) and Nomenclature of Territorial Units for Statistics (NUTS) level 3 regions.

                     (4)

                     When applying the uniform conditions, it is important to take account of geographical, socioeconomic, historical, cultural and environmental circumstances.

                     (5)

                     The measures provided for in this Regulation are in accordance with the opinion of the European Statistical System Committee,

               HAS ADOPTED THIS REGULATION:

            Article 1
            The uniform conditions for the harmonised application of the grid-based typology and the LAU-level and NUTS level 3 typologies shall be those set out in the Annex.

            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, 2 July 2019.

                  For the Commission

                  The President

               Jean-Claude JUNCKER

            (1)  OJ L 154, 21.6.2003, p. 1.

            ANNEX

               1.
               The uniform conditions for the harmonised application of the grid-based typology shall be the following:

                           Element as established in Regulation (EC) No 1059/2003

                           Labels

                           Conditions

                           Grid-based typology

                           ‘Rural grid cells’ or ‘Low density grid cells’

                           1 km2 grid cells with density below 300 inhabitants/km2 and other cells outside urban clusters.

                           ‘Urban clusters’ or ‘Moderate density clusters’

                           Contiguous (including diagonals) 1 km2 grid cells with a density of at least 300 inhabitants/km2, and a minimum of 5 000  inhabitants in the cluster.

                           ‘Urban centres’ or ‘High density clusters’

                           Contiguous (without diagonals) 1 km2 grid cells within the ‘urban cluster’ with a density of at least 1 500  inhabitants/km2 and a minimum of 50 000  inhabitants in the cluster after gap filling.

               2.
               The uniform conditions for the harmonised application of the typologies at LAU level shall be the following:

                           Element as established in Regulation (EC) No 1059/2003

                           Labels

                           Conditions

                           Degree of urbanisation (DEGURBA)

                           ‘Urban areas’

                           ‘Cities’ or ‘Densely populated areas’

                           LAU level territorial units where at least 50 % of the population lives in urban centres.

                           ‘Towns and suburbs’ or ‘Intermediate density areas’

                           LAU level territorial units where less than 50 % of the population lives in rural grid cells and less than 50 % lives in urban centres.

                           ‘Rural areas’ or ‘Thinly populated areas’

                           LAU level territorial units where at least 50 % of the population lives in rural grid cells.

                           Functional urban areas

                           ‘Functional urban areas’

                           ‘Cities’

                           LAU level territorial units defined as ‘Cities’ or ‘Densely populated areas’

                           ‘Commuting zone’

                           LAU level territorial units from which at least 15 % of the employed population commutes to the city, whereby enclaves are included and exclaves are excluded.

                           Coastal areas

                           ‘Coastal areas’

                           LAU level territorial units that border the sea or that have at least 50 % of their surface within a distance of 10 km from the sea. Enclaves (non-coastal LAUs surrounded by adjacent coastal LAUs) are added.

                           ‘Non-coastal areas’

                           LAU level territorial units that are not ‘Coastal areas’ i.e. that do not border the sea and have less than 50 % of their surface within a distance of 10 km from the sea.

               3.
               The uniform conditions for the harmonised application of the typologies at NUTS level 3 shall be the following:

                           Element as established in Regulation (EC) No 1059/2003

                           Labels

                           Conditions

                           Urban-rural typology

                           ‘Predominantly urban regions’

                           NUTS level 3 regions where at least 80 % of the population live in urban clusters.

                           ‘Intermediate regions’

                           NUTS level 3 regions where more than 50 % but less than 80 % of the population live in urban clusters.

                           ‘Predominantly rural regions’

                           NUTS level 3 regions where at least 50 % of the population live in rural grid cells.

                           Metropolitan typology

                           ‘Metropolitan regions’

                           A single or an aggregation of NUTS level 3 region(s) in which at least 50 % of the population live in functional urban areas of at least 250 000  inhabitants.

                           ‘Non-metropolitan regions’

                           NUTS level 3 regions that are not ‘Metropolitan regions’.

                           Coastal typology

                           ‘Coastal regions’

                           NUTS level 3 regions that border the sea, or those in which at least 50 % of the population live within 50 km from the coastline, as well as the NUTS level 3 region of Hamburg (Germany).

                           ‘Non-coastal regions’

                           NUTS level 3 regions that are not ‘Coastal regions’.