title: Commission Implementing Regulation (EU) 2021/909 of 31 May 2021 concerning the classification of certain goods in the Combined Nomenclature

text:
                  7.6.2021

                  EN

                  Official Journal of the European Union

                  L 199/1

         COMMISSION IMPLEMENTING REGULATION (EU) 2021/909
         of 31 May 2021
         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, 31 May 2021.

                  For the Commission,

                  On behalf of the President,

               Gerassimos THOMAS

                  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 flexible article (so-called pool noodle) made of cellular plastics (plastic foam) in the shape of a hollow tube of a length of approximately 1 m and a diameter of approximately 8 cm. The article floats on water and is presented to be used as a buoyancy aid, complying with a European standard for buoyancy aids for swimming instruction (EN 13138-2:2014). The article is also shock-absorbent and thermally insulating.
                        See images (*1)

                        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 heading 9506  as articles and equipment for general physical exercise, gymnastics, athletics, other sports or outdoor games is excluded, because due to its simple, common shape the article cannot be identified as an article designed for physical exercise or sports of heading 9506 , although due to its floating abilities the article complies with the standard for buoyancy aids for swimming instructions. Moreover, due to its simple shape and common material, the article could be used for various purposes (for example, as shock absorbing protective products that are wrapped around poles, thermal insulation products that are wrapped around pipes, products for the amusement of kids).
                        Likewise, classification under heading 9503  as other toys is excluded, because the article cannot clearly be identified as an article for the amusement of kids or adults given its design.
                        Consequently, the article is to be classified according to its constituent material (plastics).
                        The article is therefore to be classified under CN code 3926 90 97  as other articles of plastics.

               (*1)  The images are purely for information.


title: Commission Implementing Regulation (EU) 2021/910 of 31 May 2021 concerning the classification of certain goods in the Combined Nomenclature

text:
                  7.6.2021

                  EN

                  Official Journal of the European Union

                  L 199/4

         COMMISSION IMPLEMENTING REGULATION (EU) 2021/910
         of 31 May 2021
         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 Articles 57(4) and 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, 31 May 2021.

                  For the Commission

                  On behalf of the President,

               Gerassimos THOMAS

                  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)

                        Cermet sticks with a uniform round cross-section. The articles of varying lengths and diameters can be solid or they can be perforated and have cooling channels, with blunt ends. Some of the articles may also have been chamfered.
                        The articles are made of cermet, namely of sintered metal carbide on the basis of tungsten carbide with cobalt as the binding substance.
                        Based on their low degree of processing, simple form and shape, the articles can be used for a wide range of uses, for example, as reinforcement elements. If further processed, the articles may be used for tools and as tools.

                        8113 00 90

                        Classification is determined by general rules 1 and 6 for the interpretation of the Combined Nomenclature, note 4 to Section XV and by the wording of the CN codes 8113 00  and 8113 00 90 .
                        Classification under CN code 8209 00 80  as sticks and the like for tools, unmounted, of cermets is excluded as the articles can be used for tools and as tools only if further processed and are also suitable for other uses.
                        The articles fall within the scope of heading 8113 , which covers cermets, whether unwrought or in the form of articles not elsewhere specified in the Combined Nomenclature (see also Harmonized System Explanatory Notes to heading 8113 , sixth paragraph).
                        Consequently, the articles are to be classified under CN code 8113 00 90  as cermets and other articles thereof.


title: Commission Implementing Regulation (EU) 2021/911 of 31 May 2021 concerning the classification of certain goods in the Combined Nomenclature

text:
                  7.6.2021

                  EN

                  Official Journal of the European Union

                  L 199/7

         COMMISSION IMPLEMENTING REGULATION (EU) 2021/911
         of 31 May 2021
         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 Articles 57(4) and 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, 31 May 2021.

                  For the Commission

                  On behalf of the President,

               Gerassimos THOMAS

                  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)

                        Furniture rollers consisting of:

                                    —

                                    a wood-based panel (fibreboard panel with rounded corners and edges);

                                    —

                                    plastic anti-slip pads on the upper side of the panel;

                                    —

                                    plastic rollers;

                                    —

                                    metal brackets in order to mount the plastic rollers on the underside of the panels.

                              The article has a handle recess in order to carry the article, for example, by hand or to suspend the article on a wall.
                        The article is designed to be used for transportation of various objects, notably of furniture and of any other heavy objects.
                        (see image) (*1)

                        4421 99 10

                        Classification is determined by general rules 1, 3(b) and 6 for the interpretation of the Combined Nomenclature, note 3 to Chapter 44 and by the wording of the CN codes 4421 , 4421 99  and 4421 99 10 .
                        Classification under CN code 8716 80 00  as other vehicles, not mechanically propelled is excluded as the objective characteristics and properties of the article do not fully correspond with the terms of heading 8716  and CN code 8716 80 00 .
                        Given its objective characteristics and properties, including a handle recess not used for pushing the article by foot or by hand, and its design for transportation of heavy objects such as furniture by pushing the objects, the article is not designed to be towed by other vehicles, to be pushed or pulled by hand, to be pushed by foot or to be drawn by animals (see also the Harmonized System Explanatory Notes to heading 8716 , second paragraph).
                        The article cannot be deemed to be a vehicle since it lacks some of the characteristics and properties of a hand- or foot-propelled vehicle of heading 8716  by not being a cart, a truck, a barrow or a trolley or by not being composed of a specific part of a vehicle such as a chassis.
                        Consequently, the article is to be classified according to its constituent material.
                        The article is a composite product consisting of different materials (wood, plastic and metal). The component that gives the article its essential character is wood, as the wooden panel constitutes the main part of the composite product and as the wooden panel is of most significance for the intended use of the article.
                        Consequently, the article is to be classified under CN code 4421 99 10  as other articles of fibreboard.

               (*1)  The image is purely for information.


title: Commission Implementing Regulation (EU) 2021/912 of 4 June 2021 authorising changes in the specifications of the novel food Lacto-N-neotetraose (microbial source) and amending Implementing Regulation (EU) 2017/2470 (Text with EEA relevance)

text:
                  7.6.2021

                  EN

                  Official Journal of the European Union

                  L 199/10

         COMMISSION IMPLEMENTING REGULATION (EU) 2021/912
         of 4 June 2021
         authorising changes in the specifications of the novel food Lacto-N-neotetraose (microbial source) and amending Implementing Regulation (EU) 2017/2470
         (Text with EEA relevance)
         THE EUROPEAN COMMISSION,
         Having regard to the Treaty on the Functioning of the European Union,
         Having regard to Regulation (EU) 2015/2283 of the European Parliament and of the Council of 25 November 2015 on novel foods, amending Regulation (EU) No 1169/2011 of the European Parliament and of the Council and repealing Regulation (EC) No 258/97 of the European Parliament and of the Council and Commission Regulation (EC) No 1852/2001 (1), and in particular Article 12 thereof,
         Whereas:

                     (1)

                     Regulation (EU) 2015/2283 provides that only novel foods authorised and included in the Union list may be placed on the market within the Union.

                     (2)

                     Pursuant to Article 8 of Regulation (EU) 2015/2283, Commission Implementing Regulation (EU) 2017/2470 (2) establishing the Union list of authorised novel foods, was adopted.

                     (3)

                     Pursuant to Article 12 of Regulation (EU) 2015/2283, the Commission is to submit a draft implementing act authorising the placing on the Union market of a novel food and updating the Union list.

                     (4)

                     Commission Implementing Decision (EU) 2016/375 (3) authorised, in accordance with Regulation (EC) No 258/97 of the European Parliament and of the Council (4), the placing on the market of chemically synthesized Lacto-N-neotetraose as a novel food ingredient.

                     (5)

                     Pursuant to Article 5 of Regulation (EC) No 258/97, on 1 September 2016, the company Glycom A/S informed the Commission of its intention to place on the market Lacto-N-neotetraose of microbial source produced with Escherichia coli strain K-12 as a novel food ingredient.

                     (6)

                     In the notification to the Commission, Glycom A/S also submitted a report issued by the competent authority of Ireland pursuant to Article 3(4) of Regulation (EC) No 258/97, which, on the basis of the scientific evidence submitted by that company, had concluded that Lacto-N-neotetraose produced with Escherichia coli strain K-12 is substantially equivalent to the synthetic Lacto-N-neotetraose authorised by Implementing Decision (EU) 2016/375. Therefore, Lacto-N-neotetraose of microbial source was included in the Union list of novel foods.

                     (7)

                     On 23 June 2019, the company Chr. Hansen A/S (‘the applicant’) submitted an application to the Commission in accordance with Article 10(1) of Regulation (EU) 2015/2283 for the authorisation of Lacto-N-neotetraose (microbial source) produced by the combined activity of the derivative strains PS-LNnT-JBT and DS-LNnT-JBT of Escherichia coli strain BL21(DE3) as a novel food under the same conditions of use as the ones currently authorised for synthetic and microbial sourced Lacto-N-neotetraose. The applicant requested an update of the union list with regard to the new source of that novel food.

                     (8)

                     In addition, the applicant proposed updating some of the specifications of Lacto-N-neotetraose (microbial source) produced by that new source, as they differ from the specifications of the authorised microbiologically sourced Lacto-N-neotetraose produced with Escherichia coli strain K-12, as far as they concern an increase in the levels of ash from ≤ 0,4 % to ≤ 1,0 %; a higher level for the presence of yeasts and moulds from the current ≤ 10 Colony Forming Units (‘CFU’)/g of novel food for each type of microorganism to ≤ 50 CFU/g for the combination of the two; and the absence of methanol (from the current ≤ 100 mg/kg), and of Lacto-N-neotetraose fructose isomer (from the current ≤ 1,0 %).

                     (9)

                     On 17 January 2020, the Commission requested the European Food Safety Authority (‘the Authority’) to carry out an assessment of Lacto-N-neotetraose produced by the combined activity of the derivative strains PS-LNnT-JBT and DS-LNnT-JBT of Escherichia coli strain BL21(DE3) in accordance with the requirements of Article 11 of Regulation (EU) 2015/2283.

                     (10)

                     On 22 October 2020, the Authority adopted its scientific opinion ‘Safety of lacto-N-neotetraose (LNnT) produced by derivative strains of E. coli BL21 as a novel food pursuant to Regulation (EU) 2015/2283’ (5).

                     (11)

                     In its scientific opinion, the Authority concluded that Lacto-N-neotetraose (LNnT) produced by the combined activity of the derivative strains PS-LNnT-JBT and DS-LNnT-JBT of Escherichia coli strain BL21(DE3) as a novel food pursuant to Regulation (EU) 2015/2283 is safe for the currently authorised conditions of use. Therefore, that scientific opinion gives sufficient grounds to establish that Lacto-N-neotetraose (LNnT) produced by the combined activity of the derivative strains PS-LNnT-JBT and DS-LNnT-JBT of Escherichia coli strain BL21(DE3), complies with Article 12(1) of Regulation (EU) 2015/2283.

                     (12)

                     It is therefore appropriate to amend the specifications of the microbiologically produced Lacto-N-neotetraose, to include the derivative strains PS-LNnT-JBT and DS-LNnT-JBT of Escherichia coli strain BL21(DE3) as the source of the novel food in addition to the authorised Escherichia coli strain K12 and to amend the proposed levels for the presence of ash and moulds, and yeast.

                     (13)

                     The Annex to Regulation (EU) 2017/2470 should therefore be amended accordingly.

                     (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
            The entry in the Union list of authorised novel foods as provided for in Article 6 of Regulation (EU) 2015/2283 referring to the substance Lacto-N-neotetraose (microbial source) shall be amended as specified in 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, 4 June 2021.

                  For the Commission

                  The President

               Ursula VON DER LEYEN

            (1)  OJ L 327, 11.12.2015, p. 1.

            (2)  Commission Implementing Regulation (EU) 2017/2470 of 20 December 2017 establishing the Union list of novel foods in accordance with Regulation (EU) 2015/2283 of the European Parliament and of the Council on novel foods (OJ L 351, 30.12.2017, p. 72).

            (3)  Commission Implementing Decision (EU) 2016/375 of 11 March 2016 authorising the placing on the market of Lacto-N-neotetraose as a novel food ingredient under Regulation (EC) No 258/97 of the European Parliament and of the Council (OJ L 70, 16.3.2016, p. 22).

            (4)  Regulation (EC) No 258/97 of the European Parliament and of the Council concerning novel food and novel food ingredients (OJ L 43, 14.2.1997, p. 1).

            (5)  EFSA Journal 2020;18(11):6305.

            ANNEX
            In Table 2 (Specifications) of the Annex to Implementing Regulation (EU) 2017/2470, the entry for ‘Lacto-N-neotetraose (microbial source)’ is replaced by the following:

                           ‘Lacto-N-neotetraose

                              (microbial source)

                              Definition:

                           Chemical name: β-D-Galactopyranosyl-(1→4)-2-acetamido-2-deoxy-β-D-glucopyranosyl-(1→3)-β-D-galactopyranosyl-(1→4)-D-glucopyranose
                           Chemical formula: C26H45NO21

                           CAS No: 13007-32-4
                           Molecular weight: 707,63 g/mol

                              Source:

                                       —

                                       Genetically modified strain of Escherichia coli K-12, or

                                       —

                                       a combination of the genetically modified strains PS-LNnT-JBT and DS-LNnT-JBT of Escherichia coli BL21(DE3)

                              Description:

                           Lacto-N-neotetraose is a white to off-white powder that is produced by a microbiological process.

                              Purity:

                           Assay (water free): ≥ 80 %
                           D-Lactose: ≤ 10,0 %
                           Lacto-N-triose II: ≤ 3,0 %

                              para-Lacto-N-neohexaose: ≤ 5,0 %
                           Lacto-N-neotetraose fructose isomer: ≤ 1,0 %
                           Sum of saccharides (Lacto-N-neotetraose, D-Lactose, Lacto-N-triose II, para-Lacto-N-neohexaose, Lacto-N-neotetraose fructose isomer): ≥ 92 % (% w/w dry matter)
                           pH (20 °C, 5 % solution): 4,0-7,0
                           Water: ≤ 9,0 %
                           Ash, sulphated: ≤ 1,0 %
                           Residual solvents (methanol): ≤ 100 mg/kg
                           Residual proteins: ≤ 0,01 %

                              Microbiological criteria:

                           Aerobic mesophilic bacteria total count: ≤ 500 CFU/g
                           Yeasts and moulds: ≤ 50 CFU/g
                           Residual endotoxins: ≤ 10 EU/mg
                           CFU: Colony Forming Units; EU: Endotoxin Units’


title: Commission Implementing Regulation (EU) 2019/1374 of 26 August 2019 reopening of the investigation following the judgment of 3 July 2019, in case C-644/17 Eurobolt, with regard to Council Implementing Regulation (EU) No 723/2011 of 18 July 2011 extending the definitive anti-dumping duty imposed by Regulation (EC) No 91/2009 on imports of certain iron or steel fasteners originating in the People's Republic of China to imports of certain iron or steel fasteners consigned from Malaysia, whether declared as originating in Malaysia or not

text:
                  27.8.2019

                  EN

                  Official Journal of the European Union

                  L 223/1

         COMMISSION IMPLEMENTING REGULATION (EU) 2019/1374
         of 26 August 2019
         reopening of the investigation following the judgment of 3 July 2019, in case C-644/17 Eurobolt, with regard to Council Implementing Regulation (EU) No 723/2011 of 18 July 2011 extending the definitive anti-dumping duty imposed by Regulation (EC) No 91/2009 on imports of certain iron or steel fasteners originating in the People's Republic of China to imports of certain iron or steel fasteners consigned from Malaysia, whether declared as originating in Malaysia or not
         THE EUROPEAN COMMISSION,
         Having regard to the Treaty on the Functioning of the European Union, and in particular Article 266 thereof,
         Having regard to Regulation (EU) 2016/1036 of the European Parliament and of the Council of 8 June 2016 on protection against dumped imports from countries not members of the European Union, (1) and in particular Article 14 thereof,
         Whereas:
         1.   PROCEDURE

                     (1)

                     On 9 November 2007, the Commission initiated an anti-dumping proceeding concerning imports of certain iron or steel fasteners originating in the People's Republic of China (2) pursuant to Article 5 of Council Regulation (EC) 384/96 (3) (the ‘basic Regulation’).

                     (2)

                     On 31 January 2009, by way of Regulation (EC) 91/2009 (4), the Council imposed a definitive anti-dumping duty on imports of certain iron or steel fasteners originating in the People's Republic of China (the ‘PRC’).

                     (3)

                     Following the imposition of the definitive anti-dumping duty, the Commission received evidence that these measures were being circumvented through transhiping via Malaysia.

                     (4)

                     For that reason, on 28 November 2010, the Commission, by way of Regulation (EU) 966/2010 (5), initiated an investigation concerning the possible circumvention of the anti-dumping measures imposed by Regulation (EC) 91/2009.

                     (5)

                     On 26 July 2011, the Council extended the anti-dumping duty imposed by Regulation (EC) 91/2009 to certain iron or steel fasteners consigned from Malaysia, whether declared as originating in Malaysia or not, by Regulation (EU) 723/2011 of 18 July 2011 (the anti-circumvention Regulation) (6).

                     (6)

                     On 27 February 2016, the Commission repealed the definitive anti-dumping duty imposed by Regulation (EC) 91/2009, as extended by Regulation (EU) 723/2011 (7).

                     (7)

                     On 17 November 2017, the Supreme Court of the Netherlands requested a preliminary ruling in the context of domestic litigation brought by a Dutch importer of fasteners from Malaysia, Eurobolt BV (‘Eurobolt’). Eurobolt challenged the validity of the anti-circumvention measures on the ground that the Commission had failed to send the Committee all relevant information at least 10 working days prior to the meeting of the committee as prescribed by the then-applicable Article 15(2) of Regulation (EC) 1225/2009 (8).

                     (8)

                     In this context, the refering court asked the Court of Justice whether Regulation (EU) 723/2011 is invalid in the light of Article 15(2) of Regulation (EC) 1225/2009, inasmuch as the observations submitted by Eurobolt in response to the Commission's findings were not, as relevant information for the purposes of that provision, made available to the Advisory Committee referred to therein at least 10 working days prior to the meeting of that committee (9).

                     (9)

                     In its judgment, the Court of Justice noted that the observations at issue were submitted by Eurobolt in its capacity as an interested party in connection with an investigation initiated by the Commission under Article 13(3) of Regulation (EC) 1225/2009. Those observations were intended to respond to the provisional findings that had been made by the Commission (10). Accordingly, they should have been considered to constitute relevant information for the purposes of Article 15(2) of Regulation (EC) 1225/2009 (11), with the effect that that provision had been infringed inasmuch as those observations were not communicated to the Member States no later than 10 working days before the meeting of the Advisory Committee (12).

                     (10)

                     To the Court of Justice, the requirement to provide the Advisory Committee with all relevant information no later than 10 working days before the meeting of that committee laid down in Article 15(2) of Regulation (EC) 1225/2009 constitutes an essential procedural requirement governing the proper conduct of proceedings, breach of which renders the act concerned void. (13).

                     (11)

                     In accordance with Article 266 TFEU, the Union's institutions must take the necessary steps to comply with the judgment of the Court of Justice of the European Union.

                     (12)

                     It follows from the case-law that where a judgment of the Court annuls a regulation imposing anti-dumping duties or declares such a regulation to be invalid, the institution called upon to take such measures for the purpose of implementing that judgment does have the option of resuming the proceeding at the origin of that regulation, even if that option is not expressly set out in the applicable legislation (14).

                     (13)

                     Furthermore, except where the irregularity found has vitiated the entire proceeding with illegality, the institution concerned has the option, in order to adopt an act intended to replace the act that has been annulled or declared invalid, to resume that proceeding only at the stage when the irregularity was committed (15). That implies in particular that in a situation where an act concluding an administrative procedure is annulled, that annulment does not necessarily affect the preparatory acts, such as the initiation of the anti-circumvention procedure by Regulation (EU) 966/2010.

                     (14)

                     In the present case, the Court of Justice declared Regulation (EU) 723/2011 invalid inasmuch as it was adopted in breach of the consultation procedure contained in Article 15(2) of Regulation (EC) 1225/2009. Thus, the Commission has the possibility to remedy the aspects of Regulation (EU) 723/2011 which led to its annulment, leaving those parts which were not affected by the judgment of the Court unaffected (16).

                     (15)

                     The Commission has therefore decided to reopen the anti-circumvention investigation in order to correct the illegality identified by the Court of Justice.

               2.   REOPENING PROCEDURE

         2.1.   Reopening

                     (16)

                     In view of the above, the Commission reopens the anti-circumvention investigation concerning imports of certain iron or steel fasteners consigned from Malaysia, whether declared as originating in Malaysia or not, that led to the adoption of Council Implementing Regulation (EU) No 723/2011 of 18 July 2011 extending the definitive anti-dumping duty imposed by Regulation (EC) No 91/2009.

                     (17)

                     The reopening is limited in scope to the implementation of the judgment of the Court of Justice of Case C-644/17 Eurobolt. In that judgment, the illegality identified by the Court of Justice pertains to the obligations arising from the Advisory Committee procedure contained in Article 15(2) of Regulation (EC) 1225/2009 as it stood at the time. That procedure has, in the meantime, been replaced by the examination committee procedure contained in Article 5 of Regulation (EU) 182/2011 (17) (18).

                     (18)

                     In this regard, the Commission observes that, in principle, acts of the European Union be adopted in accordance with the procedural rules in force at the time of their adoption. However, precisely because of the repeal of Article 15(2) of Regulation (EC) 1225/2009 in the form as it stood at the time of the underlying investigation, a proceeding like the current re-opening of an anti-circumvention investigation initiated pursuant to Article 13(3) of Regulation (EC) 1225/2009 can, as from the repeal of Article 15(2) of Regulation (EC) 1225/2009 in the form as applicable at the time of adoption of Regulation (EU) 723/2011, be completed only on the basis of the committee procedure currently in place for the imposition of anti-circumvention measures (19). Pursuant to Article 15(3) of Regulation (EC) 1225/2009, as amended and codified in Regulation (EU) 2016/1036 (20), the procedure to be followed for the purposes of this re-opening is the one contained in Article 5 of Regulation (EU) 182/2011.

                     (19)

                     Since, in this particular case, the observations by Eurobolt in its capacity as an interested party in connection with the investigation initiated by the Commission under Article 13(3) of Regulation (EC) 1225/2009 were not appropriately communicated to the Advisory Committee, the Commission intends to analyse those observations (as well as any additional information provided by interested parties as provided in section 2.2) and reflect the outcome of that analysis in the proposal to be submitted to the Committee.

                     (20)

                     The Commission will, subsequently, consult the Committee on the basis of the examination procedure set out in Article 5 of Regulation (EU) 182/2011, as referred to in Article 15(3) of Regulation (EU) 2016/1036, no later than 14 days before the meeting of that committee. This is to enable the governments of the Member States to familiarise themselves with all relevant information relating to those observations, so that those governments may, by means of internal and external consultations, define a position in order to protect the specific interests of each of them.

               2.2.   Written submission

                     (21)

                     Interested parties are invited to come forward and to make their views known, submit information and provide supporting evidence on issues pertaining to the reopening of the investigation within 20 days of the date of publication of this Regulation in the Official Journal of the European Union.

               2.3.   Possibility to be heard by the Commission investigation services

                     (22)

                     Interested parties may request to be heard by the Commission investigation services. Any request to be heard should be made in writing and should specify the reasons for the request. For hearings on issues pertaining to the reopening of the investigation the request must be submitted within 15 days of the date of publication of this Regulation in the Official Journal of the European Union. Thereafter, a request to be heard must be submitted within the specific deadlines set by the Commission in its communication with these parties.

               2.4.   Instructions for making written submissions and sending correspondence

                     (23)

                     Information submitted to the Commission for the purpose of trade defence investigations should be free from copyright. Interested parties, before submitting to the Commission information and/or data which is subject to third party copyright, must request specific permission to the copyright holder explicitly allowing a) the Commission to use the information and data for the purpose of this trade defence proceeding and b) to provide the information and/or data to interested parties to this investigation in a form that allows them to exercise their rights of defence.

                     (24)

                     All written submissions and correspondence provided by interested parties for which confidential treatment is requested shall be labelled ‘Limited’ (21).

                     (25)

                     Interested parties providing ‘Limited’ information are required to furnish non-confidential summaries of it pursuant to Article 19(2) of Regulation (EU) 2016/1036 of the European Parliament and of the Council of 8 June 2016 on protection against dumped imports from countries not members of the European Union (22), which will be labelled ‘For inspection by interested parties’. These summaries should be sufficiently detailed to permit a reasonable understanding of the substance of the information submitted in confidence. If an interested party providing confidential information does not furnish a non-confidential summary of it in the requested format and quality, such information may be disregarded.

                     (26)

                     Interested parties are invited to make all submissions and requests by e-mail or TRON.tdi (https://webgate.ec.europa.eu/tron/TDI) (23) including scanned powers of attorney and certification sheets. By using e-mail or TRON.tdi, interested parties express their agreement with the rules applicable to electronic submissions contained in the document ‘CORRESPONDENCE WITH THE EUROPEAN COMMISSION IN TRADE DEFENCE CASES’ published on the website of the Directorate-General for Trade: http://trade.ec.europa.eu/doclib/docs/2011/june/tradoc_148003.pdf. The interested parties must indicate their name, address, telephone and a valid e-mail address and they should ensure that the provided e-mail address is a functioning official business e-mail which is checked on a daily basis. Once contact details are provided, the Commission will communicate with interested parties by e-mail only, unless they explicitly request to receive all documents from the Commission by another means of communication or unless the nature of the document to be sent requires the use of a registered mail. For further rules and information concerning correspondence with the Commission including principles that apply to submissions by e-mail, interested parties should consult the communication instructions for interested parties referred to above.
                     Commission address for correspondence:

                                 European Commission

                                 Directorate-General for Trade

                                 Directorate H

                                 Office: CHAR 04/039

                                 1049 Brussels

                                 BELGIUM

                                 E-mail: TRADE-AD-FASTENERS-MALAYSIA@ec.europa.eu

               2.5.   Non-cooperation

                     (27)

                     In cases where any interested party refuses access to or does not provide the necessary information within the time limits, or significantly impedes the investigation, findings, affirmative or negative, may be made on the basis of facts available, in accordance with Article 18 of the basic Regulation.

                     (28)

                     Where it is found that any interested party has supplied false or misleading information, the information may be disregarded and use may be made of facts available.

                     (29)

                     If an interested party does not cooperate or cooperates only partially and findings are therefore based on facts available in accordance with Article 18 of the basic Regulation, the result may be less favourable to that party than if it had cooperated.

                     (30)

                     Failure to give a computerised response will not be deemed to constitute non-cooperation, provided that the interested party shows that presenting the response as requested would result in an unreasonable extra burden or unreasonable additional cost. The interested party should immediately contact the Commission.

               2.6.   Hearing Officer

                     (31)

                     Interested parties may request the intervention of the Hearing Officer in trade proceedings. The Hearing Officer acts as an interface between the interested parties and the Commission investigation services. The Hearing Officer reviews requests for access to the file, disputes regarding the confidentiality of documents, requests for extension of time limits and requests by third parties to be heard. The Hearing Officer may organise a hearing with an individual interested party and mediate to ensure that the interested parties' rights of defence are being fully exercised.

                     (32)

                     A request for a hearing with the Hearing Officer should be made in writing and should specify the reasons for the request. The Hearing Officer will examine the reasons for the requests. These hearings should only take place if the issues have not been settled with the Commission services in due course.

                     (33)

                     Any request must be submitted in good time and expeditiously so as not to jeopardise the orderly conduct of proceedings. To that effect, interested parties should request the intervention of the Hearing Officer at the earliest possible time following the occurrence of the event justifying such intervention. Where hearing requests are submitted outside the relevant timeframes, the Hearing Officer will also examine the reasons for such late requests, the nature of the issues raised and the impact of those issues on the rights of defence, having due regard to the interests of good administration and the timely completion of the investigation.

                     (34)

                     For further information and contact details interested parties may consult the Hearing Officer's web pages on DG Trade's website: http://ec.europa.eu/trade/trade-policy-and-you/contacts/hearing-officer/.

               2.7.   Processing of personal data

                     (35)

                     Any personal data collected in this investigation will be treated in accordance with Regulation (EU) 2018/1725 of the European Parliament and of the Council (24).

                     (36)

                     A data protection notice that informs all individuals of the processing of personal data in the framework of Commission's trade defence activities is available on DG Trade's website: http://trade.ec.europa.eu/doclib/html/157639.htm.

               2.8.   Instructions to customs authorities

                     (37)

                     National customs authorities are instructed to await the publication of the outcome of the reopening investigation before deciding on any claims for repayment and remission of the duties concerned by this Regulation. Such publication should normally occur within nine months from the date of publication of this Regulation.

               2.9.   Disclosure

                     (38)

                     Interested parties will be subsequently informed of the essential facts and considerations on the basis of which it is intended to implement the judgment and will be given an opportunity to comment,

               HAS ADOPTED THIS REGULATION:

            Article 1
            The Commission reopens anti-circumvention investigation concerning imports of certain iron or steel fasteners consigned from Malaysia, whether declared as originating in Malaysia or not, that led to the adoption of Council Implementing Regulation (EU) 723/2011 of 18 July 2011 extending the definitive anti-dumping duty imposed by Regulation (EC) 91/2009.

            Article 2
            National customs authorities shall await the publication of the outcome of the reopening investigation before deciding on any claims for repayment and remission of the duties concerned by this Regulation.

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

            This Regulation shall be binding in its entirety and directly applicable in all Member States.
            Done at Brussels, 26 August 2019.

                  For the Commission

                  The President

               Jean-Claude JUNCKER

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

            (2)  Notice of initiation of an anti-dumping proceeding concerning imports of certain iron or steel fasteners originating in the People's Republic of China (OJ C 267, 9.11.2007, p. 31).

            (3)  Council Regulation (EC) No 384/96 of 22 December 1995 on protection against dumped imports from countries not members of the European Community, OJ L 56, 6.3.1996, p. 1. The latest consolidated version of the basic Regulation is now found in Regulation (EU) 2016/1036 of the European Parliament and of the Council of 8 June 2016 on protection against dumped imports from countries not members of the European Union (OJ L 176, 30.6.2016, p. 21).

            (4)  Council Regulation (EC) No 91/2009 of 26 January 2009 imposing a definitive anti-dumping duty on imports of certain iron or steel fasteners originating in the People's Republic of China (OJ L 29, 31.1.2009, p. 1).

            (5)  Commission Regulation (EU) No 966/2010 of 27 October 2010 initiating an investigation concerning the possible circumvention of anti-dumping measures imposed by Council Regulation (EC) No 91/2009 on imports of certain iron or steel fasteners originating in the People's Republic of China by imports of certain iron or steel fasteners consigned from Malaysia, whether declared as originating in Malaysia or not, and making such imports subject to registration (OJ L 282, 28.10.2010, p. 29).

            (6)  Council Implementing Regulation (EU) No 723/2011 of 18 July 2011 extending the definitive anti-dumping duty imposed by Regulation (EC) No 91/2009 on imports of certain iron or steel fasteners originating in the People's Republic of China to imports of certain iron or steel fasteners consigned from Malaysia, whether declared as originating in Malaysia or not (OJ L 194, 26.7.2011, p. 6).

            (7)  Commission Implementing Regulation (EU) 2016/278 of 26 February 2016 repealing the definitive anti-dumping duty imposed on imports of certain iron or steel fasteners originating in the People's Republic of China, as extended to imports of certain iron or steel fasteners consigned from Malaysia, whether declared as originating in Malaysia or not (OJ L 52, 27.2.2016, p. 24).

            (8)  Council Regulation (EC) No 1225/2009 of 30 November 2009 on protection against dumped imports from countries not members of the European Community (OJ L 343, 22.12.2009, p. 51).

            (9)  Judgment of 3 July 2019, Case C-644/17 Eurobolt, ECLI:EU:C:2019:555, paragraph 33.

            (10)  Ibid, paragraph 40.

            (11)  Ibid, paragraph 42.

            (12)  Ibid, paragraph 43.

            (13)  Ibid, paragraph 51.

            (14)  Judgment of the Court of 15 March 2018, Case C-256/16 Deichmann, ECLI:EU:C:2018:187, paragraph 73; see also judgment of the Court of 19 June 2019, Case C-612/16 P&J Clark International, ECLI:EU:C:2019:508, paragraph 43.

            (15)  Ibid, paragraph 74; see also judgment of the Court of 19 June 2019, Case C-612/16 P&J Clark International, EU:C:2019:508, paragraph 43.

            (16)  Judgment of 3 October 2000, Case C-458/98 P Industrie des Poudres Sphériques v Council, ECLI:EU:C:2000:531, paragraph 80 to 85.

            (17)  Regulation (EU) No 182/2011 of the European Parliament and of the Council of 16 February 2011 laying down the rules and general principles concerning mechanisms for control by Member States of the Commission's exercise of implementing powers (OJ L 55, 28.2.2011, p. 13).

            (18)  See, in this regard, Regulation (EU) No 37/2014 of the European Parliament and of the Council of 15 January 2014 amending certain regulations relating to the common commercial policy as regards the procedures for the adoption of certain measures (OJ L 18, 21.1.2014, p. 1).

            (19)  Judgment of the Court of 15 March 2018, Case C-256/16 Deichmann, ECLI:EU:C:2018:187, paragraphs 44-55.

            (20)  Regulation (EU) 2016/1036 of the European Parliament and of the Council of 8 June 2016 on protection against dumped imports from countries not members of the European Union, OJ L 176, 30.6.2016, p. 21.

            (21)  A ‘Limited’ document is a document which is considered confidential pursuant to Article 19 of Regulation (EU) 2016/1036 of the European Parliament and of the Council (OJ L 176, 30.6.2016, p. 21) and Article 6 of the WTO Agreement on Implementation of Article VI of the GATT 1994 (Anti-Dumping Agreement). It is also a document protected pursuant to Article 4 of Regulation (EC) No 1049/2001 of the European Parliament and of the Council (OJ L 145, 31.5.2001, p. 43).

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

            (23)  In order to have access to TRON.tdi, interested parties need an EU Login account. Full instructions on how to register and use TRON.tdi are available on https://webgate.ec.europa.eu/tron/resources/documents/gettingStarted.pdf .

            (24)  Regulation (EU) 2018/1725 of the European Parliament and of the Council of 23 October 2018 on the protection of natural persons with regard to the processing of personal data by the Union institutions, bodies, offices and agencies and on the free movement of such data, and repealing Regulation (EC) No 45/2001 and Decision No 1247/2002/EC (OJ L 295, 21.11.2018, p. 39).


title: Commission Implementing Regulation (EU) 2019/1375 of 26 August 2019 amending for the 305th time Council Regulation (EC) No 881/2002 imposing certain specific restrictive measures against certain persons and entities associated with the ISIL (Da'esh) and Al-Qaida organisations

text:
                  27.8.2019

                  EN

                  Official Journal of the European Union

                  L 223/7

         COMMISSION IMPLEMENTING REGULATION (EU) 2019/1375
         of 26 August 2019
         amending for the 305th time Council Regulation (EC) No 881/2002 imposing certain specific restrictive measures against certain persons and entities associated with the ISIL (Da'esh) and Al-Qaida organisations
         THE EUROPEAN COMMISSION,
         Having regard to the Treaty on the Functioning of the European Union,
         Having regard to Council Regulation (EC) No 881/2002 of 27 May 2002 imposing certain specific restrictive measures directed against certain persons and entities associated with the ISIL (Da'esh) and Al-Qaida organisations (1), and in particular Article 7(1)(a) and Article 7a(5) thereof,
         Whereas:

                     (1)

                     Annex I to Regulation (EC) No 881/2002 lists the persons, groups and entities covered by the freezing of funds and economic resources under that Regulation.

                     (2)

                     On 20 August 2019, the Sanctions Committee of the United Nations Security Council decided to amend one entry in the list of persons, groups and entities to whom the freezing of funds and economic resources should apply.

                     (3)

                     Annex I to Regulation (EC) No 881/2002 should therefore be amended accordingly,

               HAS ADOPTED THIS REGULATION:

            Article 1
            Annex I to Regulation (EC) No 881/2002 is amended in accordance with the Annex to this Regulation.

            Article 2
            This Regulation shall enter into force on the day following that of its publication in the Official Journal of the European Union.

            This Regulation shall be binding in its entirety and directly applicable in all Member States.
            Done at Brussels, 26 August 2019.

                  For the Commission,

                  On behalf of the President,

                  Head of the Service for Foreign Policy Instruments

            (1)  OJ L 139, 29.5.2002, p. 9.

            ANNEX
            Annex I to Council Regulation (EC) No 881/2002 is amended as follows:
            The identifying data for the following entry under the heading ‘Natural persons’ are amended as follows:
            ‘BAH AG MOUSSA (Good quality alias: a) Ag Mossa b) Ammi Salim). Nationality: Malian. Date of designation referred to in Article 7d(2)(i): 14.8.2019.’ is replaced by the following:

               ‘BAH AG MOUSSA (Good quality alias: a) Ag Mossa b) Ammi Salim). Date of birth: a) 1.1.1958, b) 31.12.1952, c) 28.10.1956. Nationality: Malian. Date of designation referred to in Article 7d(2)(i): 14.8.2019.’


title: Commission Implementing Regulation (EU) 2019/1751 of 21 October 2019 entering the name Havarti (PGI) in the register of protected designations of origin and protected geographical indications

text:
                  23.10.2019

                  EN

                  Official Journal of the European Union

                  L 269/1

         COMMISSION IMPLEMENTING REGULATION (EU) 2019/1751
         of 21 October 2019
         entering the name ‘Havarti’ (PGI) in the register of protected designations of origin and protected geographical indications
         THE EUROPEAN COMMISSION,
         Having regard to the Treaty on the Functioning of the European Union,
         Having regard to Regulation (EU) No 1151/2012 of the European Parliament and of the Council of 21 November 2012 on quality schemes for agricultural products and foodstuffs (1), and in particular Article 15(1) and Article 52(3)(b) thereof,
         Whereas:

                     (1)

                     Pursuant to Article 50(2)(a) of Regulation (EU) No 1151/2012, the application sent by Denmark to the Commission on 5 October 2010 to register the name ‘Havarti’ as a protected geographical indication, was published in the Official Journal of the European Union (2).

                     (2)

                     Germany, Spain, the US Dairy Export Council together with the National Milk Producers Federation and the International Dairy Foods Association, the Office of the United States Trade Representative, the Ministry of Foreign Affairs and Trade of New Zealand, the Dairy Companies Association of New Zealand (DCANZ) and Dairy Australia Limited, supported by the Australian Government opposed to the registration in accordance with Article 51(2) of Regulation (EU) No 1151/2012. These oppositions were deemed admissible.

                     (3)

                     The Commission received also two notices of opposition from ‘Camara Nacional de Productores de Leche’ of Costa Rica and from ‘Asociación de Desarollo Lácteo’ (ASODEL) of Guatemala. However, no reasoned statements of opposition were submitted in accordance with Article 51(2) of Regulation (EU) No 1151/2012.

                     (4)

                     The Commission invited the interested parties in the admissible oppositions to engage in appropriate consultations. Upon request of Denmark, in accordance with Article 51(3) last subparagraph of Regulation (EU) No 1151/2012, by letters of 5 August 2014 and 22 September 2014 the Commission extended the deadline for each of the ongoing consultations for additional three months.

                     (5)

                     Given that no agreement was reached within the designated time frame, the Commission should adopt an implementing act deciding on the registration in accordance with the procedure referred to in Article 52(3)(b) of Regulation (EU) No 1151/2012.

                     (6)

                     The opponents claimed that ‘Havarti’ does not possess a specific quality, reputation or other characteristics that are attributable to the geographical origin. They consider that the registration of the name would be liable to mislead the consumers as to the true identity of the product in the light of the reputation and renown of an existing trademark. In their opinion, that registration would also jeopardise the existence of identical name, trademarks and products that have been legally on the market for at least 5 years. In addition, they alleged that the name at stake is presumed to have become generic for the following reasons: ‘Havarti’ has been subject to a Codex Alimentarius Standard since 1966, it is listed in Annex B of the Stresa Convention of 1951 and it has its own tariff line. Production and consumption of ‘Havarti’ exists in several EU and non-EU countries, certain of which have a specific legal standard for it.

                     (7)

                     The Commission has assessed the arguments expressed in the reasoned statements of opposition in the light of the provisions of Regulation (EU) No 1151/2012, taking into account the results of the appropriate consultations carried out between the applicant and the opponents and it has concluded that the name ‘Havarti’ should be registered.

                     (8)

                     Concerning the alleged failure of the name ‘Havarti’ to comply with Article 5 of Regulation (EU) No 1151/2012, it should be noted that the registration of ‘Havarti’ as a protected geographical indication is applied for on the basis of its reputation that is attributable to its geographical origin, within the meaning of Article 5(2)(b) of Regulation (EU) No 1151/2012.

                     (9)

                     Denmark has submitted a number of specialised publications and references that demonstrate that a reputational link exists between Denmark and ‘Havarti’. This cheese was granted with numerous distinctions, prizes, awards received in various national or international fora. The reputation of this product is also built on its specific method of production and historical ‘savoir faire’.

                     (10)

                     In the opposition procedure the Danish authorities have also specified that reputation of ‘Havarti’ has been achieved through legislative initiatives and quality work for more than 100 years.

                     (11)

                     As regards the EU territory, ‘Havarti’ is produced essentially in Denmark. At the date of application Spain, Germany, Poland, Finland and Estonia were also producing limited quantities. The production of ‘Havarti’ in these Member States is not per se liable to put in question the link of ‘Havarti’ to Denmark. Quantities are very limited if compared with the overall production in Denmark. In particular, production of cheese labelled ‘Havarti’ in Spain started only in 2010 and became more substantial only after Denmark had lodged its application for registration of the name ‘Havarti’ as PGI with the Commission.

                     (12)

                     Denmark provided evidence that the overwhelming majority of the Danish consumers does recognise persistent link of ‘Havarti’ with Denmark. The results of a survey conclude that the vast majority of Danish consumers are familiar with ‘Havarti’ and associate it with Denmark. Outside Denmark, knowledge of ‘Havarti’ is extremely limited.

                     (13)

                     Spain also transmitted a study showing the results of a survey carried out in Spain on consumers’ awareness of ‘Havarti’ and its origin. This study is not conclusive. The percentages of unawareness of the product itself and of unawareness of its Danish origin are high. Consumers have indicated several different countries as being at the origin of ‘Havarti’. Such unawareness of the product and of its Danish origin may not be considered as positive awareness of any generic character of the name.

                     (14)

                     The opponents claimed also that the name should not be registered since it is liable to mislead the consumer as to the true identity of the product in the light of the reputation and renown of an existing trade mark. However, the reputation or renown of any relevant trade mark was not demonstrated. The way in which the consumer would be misled was not explained either.

                     (15)

                     Furthermore, the third-country opponents considered that the registration of ‘Havarti’ as a protected geographical indication would jeopardise the existence of the identical name ‘Havarti’, of trade marks and of products that have been legally produced and marketed for more than 5 years, this being one of the grounds for opposition listed in Article 10, paragraph 1, point (c) of Regulation (EU) No 1151/2012.

                     (16)

                     It appears that the third country opponents in this opposition procedure have not placed a cheese named ‘Havarti’ on the EU market. Therefore, the existence of a product bearing the name ‘Havarti’ and produced in these third countries is not affected by the registration of ‘Havarti’ as a protected geographical indication in the EU.

                     (17)

                     Regulation (EU) No 1151/2012 does not apply to the territory of third countries. Therefore, the registration of ‘Havarti’ as a protected geographical indication under Regulation (EU) No 1151/2012 is not liable to jeopardise the use of the name ‘Havarti’ on the market of third countries.

                     (18)

                     As regards trade marks already registered, applied for or established by use, in good faith, within the territory of the EU, prior to the date of the Denmark’s application to register the name ‘Havarti’, in line with Article 14(2) of Regulation (EU) No 1151/2012 they are not affected by the registration of a PGI.

                     (19)

                     Spain and Germany have claimed that they have been producing a cheese named ‘Havarti’. The registration of ‘Havarti’ as a protected geographical indication under Regulation (EU) No 1151/2012 would therefore jeopardise the existence of the name ‘Havarti’ referred to the product elaborated in Spain and Germany, which is identical to the name applied for registration on 5 October 2010.

                     (20)

                     In the light of the information included in the German and Spanish opposition and submitted to the Commission, it appears that the production of a cheese bearing the name ‘Havarti’ started in Spain in 2010 and it reached 5 100 tonnes in 2014. In Germany, only data concerning the production in 2012 are available (2 571 tonnes) but it is stated that Germany has produced a cheese bearing the name ‘Havarti’ for more than 20 years. In the light of the above, in accordance with Article 15(1)(a) of Regulation (EU) No 1151/2012, transitional periods should be granted to the operators in Spain and in Germany who started marketing a cheese product bearing the name ‘Havarti’ before the date of submission of the Danish application to the Commission in order to allow them to continue to use the name jeopardised by the registration while adjusting their production on the market. A period of 5 years should be considered appropriate for German and Spanish producers.

                     (21)

                     Lastly, the opponents submitted several pieces of evidence that allegedly show that the name in question is generic. However, having a specific Codex Alimentarius Standard as well as an inclusion of ‘Havarti’ in Annex B to the Stresa Convention does not imply that the said name has become generic. Tariff codes relate to customs issues and are therefore not relevant to intellectual property rights. Generic status in the EU can only be assessed with regard to the perception of consumers in the EU territory.

                     (22)

                     As regards the production data and perception of ‘Havarti’ within the EU, which has been assessed with reference to the claim concerning the alleged lack of link between the product and the geographical area, it should be concluded that ‘Havarti’ has not become generic within the EU.

                     (23)

                     Data submitted concerning the production and marketing of ‘Havarti’ outside the EU are not relevant, considering the principle of territoriality inherent to intellectual property rights in general and Regulation (EU) No 1151/2012 in particular, according to which the possible generic nature of a name is to be assessed in relation to the territory of the Union. The perception of this term outside the EU and the possible existence of related regulatory production standards in third countries are not deemed relevant to the present decision irrespective of whether those standards lay down rights to use labelling terms.

                     (24)

                     The proposal of opponents to alternatively register the name ‘Danish Havarti’ cannot be retained since it would not fulfil the conditions provided for by point (a) of paragraph 1 of Article 7 of Regulation (EU) No 1151/2012.

                     (25)

                     In order to allow the exhaustion of stocks already produced or on the market the application of this Regulation should be deferred.

                     (26)

                     In the light of the above, the name ‘Havarti’ should be entered in the ‘register of protected designations of origin and protected geographical indications’.

                     (27)

                     The measures provided for in this Regulation are in accordance with the opinion of the Agricultural Product Quality Policy Committee,

               HAS ADOPTED THIS REGULATION:

            Article 1
            The name ‘Havarti’ (PGI) is registered.
            The name in the first paragraph identifies a product from Class 1.3. Cheeses set out in Annex XI to Commission Implementing Regulation (EU) No 668/2014 (3).

            Article 2
            For a transitional period of 5 years from the date of application of this Regulation, the name ‘Havarti’ may continue to be used by operators established in Germany and Spain who have started marketing a cheese product bearing the name ‘Havarti’ before 5 October 2010.

            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 12 May 2020.

            This Regulation shall be binding in its entirety and directly applicable in all Member States.
            Done at Brussels, 21 October 2019.

                  For the Commission

                  The President

               Jean-Claude JUNCKER

            (1)  OJ L 343, 14.12.2012, p. 1.

            (2)  OJ C 20, 23.1.2014, p. 9.

            (3)  Commission Implementing Regulation (EU) No 668/2014 of 13 June 2014 laying down rules for the application of Regulation (EU) No 1151/2012 of the European Parliament and of the Council on quality schemes for agricultural products and foodstuffs (OJ L 179, 19.6.2014, p. 36).