title: Commission Implementing Regulation (EU) No 238/2014 of 11 March 2014 establishing the standard import values for determining the entry price of certain fruit and vegetables

text:
               12.3.2014

               EN

               Official Journal of the European Union

               L 71/1

      COMMISSION IMPLEMENTING REGULATION (EU) No 238/2014
   of 11 March 2014
   establishing the standard import values for determining the entry price of certain fruit and vegetables
   THE EUROPEAN COMMISSION,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to Council Regulation (EC) No 1234/2007 of 22 October 2007 establishing a common organisation of agricultural markets and on specific provisions for certain agricultural products (Single CMO Regulation) (1),
   Having regard to Commission Implementing Regulation (EU) No 543/2011 of 7 June 2011 laying down detailed rules for the application of Council Regulation (EC) No 1234/2007 in respect of the fruit and vegetables and processed fruit and vegetables sectors (2), and in particular Article 136(1) thereof,
   Whereas:

               (1)

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

               (2)

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

         HAS ADOPTED THIS REGULATION:
   Article 1
   The standard import values referred to in Article 136 of Implementing Regulation (EU) No 543/2011 are fixed in the Annex to this Regulation.
   Article 2
   This Regulation shall enter into force on the day of its publication in the Official Journal of the European Union.

      This Regulation shall be binding in its entirety and directly applicable in all Member States.
      Done at Brussels, 11 March 2014.

            For the Commission, On behalf of the President,

         Jerzy PLEWA

            Director-General for Agriculture and Rural Development

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

      (2)  OJ L 157, 15.6.2011, p. 1.

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

                  (EUR/100 kg)

                  CN code

                  Third country code (1)

                  Standard import value

                  0702 00 00

                  MA

                  78,5

                  TN

                  86,3

                  TR

                  92,8

                  ZZ

                  85,9

                  0707 00 05

                  MA

                  182,1

                  TR

                  157,2

                  ZZ

                  169,7

                  0709 91 00

                  EG

                  45,1

                  ZZ

                  45,1

                  0709 93 10

                  MA

                  39,1

                  TR

                  100,0

                  ZZ

                  69,6

                  0805 10 20

                  EG

                  46,8

                  IL

                  67,4

                  MA

                  50,0

                  TN

                  53,6

                  TR

                  61,4

                  ZZ

                  55,8

                  0805 50 10

                  TR

                  68,0

                  ZZ

                  68,0

                  0808 10 80

                  CL

                  134,9

                  CN

                  111,8

                  MK

                  30,8

                  US

                  207,8

                  ZZ

                  121,3

                  0808 30 90

                  AR

                  105,1

                  CL

                  188,7

                  CN

                  68,3

                  TR

                  158,2

                  US

                  132,7

                  ZA

                  99,5

                  ZZ

                  125,4

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


title: Commission Implementing Regulation (EU) No 357/2013 of 18 April 2013 amending Regulation (EC) No 903/2009 and Implementing Regulation (EU) No 373/2011 as regards the minimum content of a preparation of Clostridium butyricum (FERM BP-2789) as a feed additive for chickens for fattening and minor avian species (excluding laying birds) (holder of authorisation Miyarisan Pharmaceutical Co. Ltd represented by Miyarisan Pharmaceutical Europe S.L.U.)  Text with EEA relevance

text:
               19.4.2013

               EN

               Official Journal of the European Union

               L 109/22

         COMMISSION IMPLEMENTING REGULATION (EU) No 357/2013
   of 18 April 2013
   amending Regulation (EC) No 903/2009 and Implementing Regulation (EU) No 373/2011 as regards the minimum content of a preparation of Clostridium butyricum (FERM BP-2789) as a feed additive for chickens for fattening and minor avian species (excluding laying birds) (holder of authorisation Miyarisan Pharmaceutical Co. Ltd represented by Miyarisan Pharmaceutical Europe S.L.U.)
   (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 13(3) thereof,
   Whereas:

               (1)

               The use of a preparation of Clostridium butyricum (FERM BP-2789), belonging to the additive category of ‘zootechnical additives’, was authorised for 10 years as a feed additive for use on chickens for fattening by Commission Regulation (EC) No 903/2009 (2) and for minor avian species (excluding laying birds) and for weaned piglets and minor porcine species (weaned) by Commission Implementing Regulation (EU) No 373/2011 (3).

               (2)

               In accordance with Article 13(3) of Regulation (EC) No 1831/2003, the holder of the authorisation has proposed changing the terms of the authorisation of the preparation concerned by reducing its minimum content from 5 × 108 CFU/kg to 2,5 × 108 CFU/kg complete feedingstuff as regards the use on chickens for fattening and minor avian species (excluding laying birds). The application was accompanied by the relevant supporting data. The Commission forwarded that application to the European Food Safety Authority (hereinafter ‘the Authority’).

               (3)

               The Authority concluded in its opinion of 11 December 2012 (4) that, under the new proposed conditions of use, the preparation concerned shows some potential to improve performance at the requested minimum dose of 2,5 × 108 CFU/kg on chickens for fattening and minor avian species (excluding laying birds). 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.

               (4)

               The conditions provided for in Article 5 of Regulation (EC) No 1831/2003 are satisfied.

               (5)

               Regulation (EC) No 903/2009 and Implementing Regulation (EU) No 373/2011 should therefore be amended accordingly.

               (6)

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

         HAS ADOPTED THIS REGULATION:
   Article 1
   In the Annex to Regulation (EC) No 903/2009, in the column ‘Minimum content’, the words ‘5 × 108 CFU’ are replaced by the words ‘2,5 × 108’.
   Article 2
   In the Annex to Implementing Regulation (EU) No 373/2011, in the column ‘Minimum content’, for minor avian species (excluding laying birds) the words ‘5 × 108 CFU’ are replaced by the words ‘2,5 × 108’ and for piglets (weaned) and minor porcine species (weaned) the words ‘2,5 × 108 CFU’ are replaced by the words ‘2,5 × 108’.
   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, 18 April 2013.

            For the Commission

            The President

         José Manuel BARROSO

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

      (2)  OJ L 256, 29.9.2009, p. 26.

      (3)  OJ L 102, 16.4.2011, p. 10.

      (4)  EFSA Journal 2013; 11(1):3040.


title: Commission Implementing Regulation (EU) No 91/2013 of 31 January 2013 laying down specific conditions applicable to the import of groundnuts from Ghana and India, okra and curry leaves from India and watermelon seeds from Nigeria and amending Regulations (EC) No 669/2009 and (EC) No 1152/2009  Text with EEA relevance

text:
               2.2.2013

               EN

               Official Journal of the European Union

               L 33/2

         COMMISSION IMPLEMENTING REGULATION (EU) No 91/2013
   of 31 January 2013
   laying down specific conditions applicable to the import of groundnuts from Ghana and India, okra and curry leaves from India and watermelon seeds from Nigeria and amending Regulations (EC) No 669/2009 and (EC) No 1152/2009
   (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 178/2002 of the European Parliament and of the Council of 28 January 2002 laying down the general principles and requirements of food law, establishing the European Food Safety Authority and laying down procedures in matters of food safety (1), and in particular Article 53(1)(b)(ii) thereof,
   Having regard to Regulation (EC) No 882/2004 of the European Parliament and of the Council of 29 April 2004 on official controls performed to ensure the verification of compliance with feed and food law, animal health and animal welfare rules (2), and in particular Article 15(5) thereof,
   Whereas:

               (1)

               Article 53 of Regulation (EC) No 178/2002 provides for the possibility to adopt appropriate Union emergency measures for feed and food imported from a third country in order to protect human health, animal health and the environment, where the risk cannot be contained satisfactorily by means of measures taken by the Member States individually.

               (2)

               Commission Regulation (EC) No 669/2009 of 24 July 2009 implementing Regulation (EC) No 882/2004 of the European Parliament and of the Council as regards the increased level of official controls on imports of certain feed and food of non-animal origin and amending Decision 2006/504/EC (3), establishes an increased level of official controls on imports of certain feed and food of non-animal origin.

               (3)

               Amongst other, an increased frequency of official controls on import has been established for more than two years on groundnuts from India as regards aflatoxins, curry leaves from India as regards pesticide residues, groundnuts from Ghana as regards aflatoxins and watermelon seeds from Nigeria as regards aflatoxins and for nearly two years on okras from India as regards pesticide residues.

               (4)

               The results from the of increased frequency of controls show a continuous high frequency of non-compliance with maximum levels of aflatoxins and maximum residue levels of pesticide residues established in Union legislation and several times very high levels were observed. These results provide evidence that the import of these foods and feeds constitute a risk for animal and human health. No improvement of the situation could be observed after this period of increased frequency of controls at Union borders. Furthermore, no concrete and satisfactory action plan to remediate the shortcomings and deficiencies in the production and control systems was received from the Indian, Nigerian and Ghanaian authorities, despite the explicit request from the European Commission.

               (5)

               To protect human and animal health in the Union, it is necessary to provide for additional guarantees in relation to those food and feed from India, Ghana and Nigeria. All consignments of groundnuts from India and Ghana, watermelon seeds from Nigeria and curry leaves and okras from India should therefore be accompanied by a certificate stating that the products have been sampled and analysed for the presence of, according to the case, aflatoxins or pesticide residues and have been found compliant with Union legislation.

               (6)

               For the protection of public and animal health compound feed and food containing to a significant amount the feed and food covered by this Regulation should also be included in the scope of the Regulation.

               (7)

               The sampling and the analysis of consignments should be performed in accordance with the relevant Union legislation. The maximum levels of aflatoxins in food are established by Commission Regulation (EC) No 1881/2006 of 19 December 2006 setting maximum levels for certain contaminants in foodstuffs (4) and in feed by Directive 2002/32/EC of the European Parliament and of the Council of 7 May 2002 on undesirable substances in animal feed (5). The maximum residue levels for pesticide residues are established by Regulation (EC) No 396/2005 of the European Parliament and of the Council of 23 February 2005 on maximum residue levels of pesticides in or on food and feed of plant and animal origin and amending Council Directive 91/414/EEC (6). The provisions on sampling and analysis for the control of aflatoxins in food are established by Commission Regulation (EC) No 401/2006 of 23 February 2006 laying down the methods of sampling and analysis for the offcial control of the levels of mycotoxins in foodstuffs (7) and in feed by Commission Regulation (EC) No 152/2009 of 27 January 2009 laying down the methods of sampling and analysis for the official control of feed (8). The provisions on sampling for the official control of pesticide residues are established by Commission Directive 2002/63/EC of 11 July 2002 establishing Community methods of sampling for the official control of pesticide residues in and on products of plant and animal origin and repealing Directive 79/700/EEC (9).

               (8)

               In order to ensure an efficient organisation and ensure a degree of uniformity at the Union level of the controls at import, it is appropriate to provide in this Regulation measures which are equivalent to the existing measures as provided for in Regulation (EC) No 669/2009 for the physical control on pesticide residues on curry leaves and okra from India and Commission Regulation (EC) No 1152/2009 of 27 November 2009 imposing special conditions governing the import of certain foodstuffs from certain third countries due to contamination risk by aflatoxins and repealing Decision 2006/504/EC (10) for the control of aflatoxins in groundnuts from India and Ghana and watermelon seeds from Nigeria.

               (9)

               In order to ensure an efficient organisation of the official controls, it is furthermore appropriate that the ‘first point of introduction’ referred to in Regulation (EC) No 1152/2009 is replaced by ‘designated point of entry’ as defined in Regulation (EC) No 669/2009.

               (10)

               With a view to minimise negative effects on trade and to enable the competent authorities of India, Ghana and Nigeria to set up an appropriate control system, it is appropriate to provide that the requirement of a health certificate only applies to consignments of products covered by this Regulation which have left the country of origin after a certain date. It is important for the protection of human and animal health to keep this period as short as possible.

               (11)

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

         HAS ADOPTED THIS REGULATION:
   Article 1
   Scope
   1.   This Regulation shall apply to consignments of the following food and feed falling within the CN codes and TARIC classifications set out in Annex I:

               (a)

               Groundnuts (peanuts) in shell and shelled and peanut butter (feed and food) originating in or consigned from Ghana;

               (b)

               Okra (food, fresh) originating in or consigned from India;

               (c)

               Curry leaves (food, herbs) originating in or consigned from India;

               (d)

               Groundnuts (peanuts) in shell and shelled, peanut butter, groundnuts (peanuts) otherwise prepared or preserved (feed and food) originating in or consigned from India;

               (e)

               Watermelon seeds and derived products (food) originating in or consigned from Nigeria.

         2.   This Regulation shall also apply to compound food and feed, containing any of the food or feed referred to in paragraph 1 in a quantity above 20 %.
   3.   This Regulation shall not apply to consignments of food and feed referred to in paragraphs 1 and 2 which are destined to a private person for personal consumption and use only. In case of doubt, the burden of proof lies with the recipient of the consignment.
   Article 2
   Definitions
   For the purposes of this Regulation, the definitions laid down in Articles 2 and 3 of Regulation (EC) No 178/2002, Article 2 of Regulation (EC) No 882/2004, Article 2 of Regulation (EC) No 1152/2009 and Article 3 of Regulation (EC) No 669/2009 shall apply.
   For the purpose of this Regulation, a consignment corresponds to a lot as referred to in Regulations (EC) No 401/2006 and (EC) No 152/2009 and Directive 2002/63/EC.
   Article 3
   Import into the Union
   Consignments of food and feed referred to in Article 1(1) and (2) may only be imported into the Union in accordance with the procedures laid down in this Regulation.
   Article 4
   Results of sampling and analysis
   1.   Consignments of the food and feed referred to in Article 1(1) and (2) shall be accompanied by the results of sampling and analysis performed by the competent authorities of the country of origin, or of the country where the consignment is consigned from if that country is different from the country of origin, to ascertain compliance with:

               (a)

               Union legislation on maximum levels of aflatoxins, for the food and feed referred to in Article 1(1)(a),(d) and (e), including compounds containing such food or feed in a quantity above 20 %;

               (b)

               Union legislation on maximum residue levels of pesticides, for the food referred to in Article 1(1)(b) and (c) including compound food containing such food in a quantity above 20 %.

         2.   The sampling and the analysis referred to in paragraph 1 must be performed in accordance with Regulation (EC) No 401/2006, for aflatoxins in food, with Regulation (EC) No 152/2009, for aflatoxins in feed, and with Directive 2002/63/EC for pesticide residues.
   Article 5
   Health certificate
   1.   The consignments shall also be accompanied by a health certificate in accordance with the model set out in Annex II.
   2.   The health certificate shall be completed, signed and verified by an authorised representative of the competent authority of the country of origin or the competent authority of the country where the consignment is consigned from if that country is different from the country of origin.
   3.   The health certificate shall be drawn up in an official language of the Member State of arrival, or in another language that the competent authorities of that Member State have decided to accept.
   4.   The health certificate shall only be valid during four months from the date of issue.
   Article 6
   Identification
   Each consignment of the food and feed referred to in Article 1(1) and (2) shall be identified with an identification code which corresponds to the identification code mentioned on the results of the sampling and analysis referred to in Article 4 and the health certificate referred to in Article 5. Each individual bag, or other packaging form, of the consignment shall be identified with that identification code.
   Article 7
   Prior notification of consignments
   1.   Feed and food business operators or their representatives shall give prior notification of the estimated date and time of physical arrival of consignments of the food and feed referred to in Article 1(1) and (2) to the competent authorities at the Designated Point of Entry and of the nature of the consignment.
   2.   For the purpose of prior notification, they shall complete Part I of the common entry document (CED) and transmit that document to the competent authority at the Designated Point of Entry, at least one working day prior to the physical arrival of the consignment.
   3.   For the completion of the CED in application of this Regulation, feed and food business operators shall take into account:

               (a)

               for the food a referred to in Article 1(1)(b) and (c) of this Regulation including compound food containing such food in a quantity above 20 %, the notes for guidance for the CED laid down in Annex II to Regulation (EC) No 669/2009;

               (b)

               for the food and feed referred to in Article 1(1)(a), (d) and (e) of this Regulation, including compounds containing such food or feed in a quantity above 20 % the notes for guidance for the CED laid down in Annex II to Regulation (EC) No 1152/2009.

         Article 8
   Official controls
   1.   The competent authority at the DPE shall carry out documentary checks on each consignment of the food and feed referred to in Article 1(1) and (2) to ascertain compliance with the requirements laid down in Articles 4 and 5.
   2.   The identity and physical checks on the food referred to in Article 1(1)(a), (d) and (e) and the related compound food referred to in Article 1(2) of this Regulation shall be carried out in accordance with Article 7 of Regulation (EC) No 1152/2009 at the frequency set out in Annex I of this Regulation. The provisions of Article 7 of Regulation (EC) No 1152/2009 are applied for the identity and physical checks on the feed referred to in Article 1(1)(a), (d) and (e) and the related compound feed referred to in Article 1(2) of this Regulation, whereby the sample for analysis of aflatoxin B1 is taken in accordance with Regulation (EC) No 152/2009 at the frequency set out in Annex I of this Regulation.
   3.   The identity and physical checks on the food referred to in Article 1(1)(b) and (c) and the related compound food referred to in Article 1(2) of this Regulation shall be carried out in accordance with Articles 8, 9 and 19 of Regulation (EC) No 669/2009 at the frequency set out in Annex I of this Regulation.
   4.   After completion of the checks, the competent authorities shall,

               (a)

               complete the relevant entries of Part II of the CED;

               (b)

               join the results of sampling and analysis carried out in accordance with paragraphs 2 and 3 of this Article;

               (c)

               provide and fill the CED reference number on the CED;

               (d)

               stamp and sign the original of the CED;

               (e)

               make and retain a copy of the signed and stamped CED.

         5.   The original of the CED and of the health certificate with the accompanying results of sampling and analysis shall accompany the consignment during its transport until it is released for free circulation. For food referred to in Article 1(1)(b) and (c), in case of authorisation of onward transportation of the consignments pending the results of the physical checks, a certified copy of the original CED shall be issued for that purpose.
   Article 9
   Splitting of a consignment
   1.   Consignments shall not be split until all official controls have been completed, and the CED has been fully completed by the competent authorities as provided for in Article 8.
   2.   In the case of subsequent splitting of the consignment, an authenticated copy of the CED shall accompany each part of the consignment during its transport until it is released for free circulation.
   Article 10
   Release for free circulation
   The release for free circulation of consignments shall be subject to the presentation by the feed and food business operator or their representative to the custom authorities of a CED duly completed by the competent authority once all official controls have been carried out and favourable results from physical checks, where such checks are required, are known.
   Article 11
   Non-compliance
   If the official controls establish non-compliance with the relevant Union legislation, the competent authority shall complete Part III of the CED and action shall be taken pursuant to Articles 19, 20 and 21 of Regulation (EC) No 882/2004.
   Article 12
   Reports
   Member States shall submit to the Commission every three months a report of all analytical results of official controls on consignments of feed and food pursuant to this Regulation. That report shall be submitted during the month following each quarter.
   The report shall include the following information:

               —

               the number of consignments imported;

               —

               the number of consignments subjected to sampling for analysis;

               —

               the results of the checks as provided for in Article 8(2) and (3).

         Article 13
   Costs
   All costs resulting from the official controls including sampling, analysis, storage and any measures taken following non-compliance, shall be borne by the feed and food business operators.
   Article 14
   Amendment to Regulation (EC) No 669/2009
   Regulation (EC) No 669/2009 is amended in accordance with Annex III to this Regulation
   Article 15
   Amendment to Regulation (EC) No 1152/2009
   Regulation (EC) No 1152/2009 is amended as follows:

               1.

               In Article 2, the following point (b) is deleted:

                           ‘(b)

                           ‘first point of introduction’ means the point of first physical introduction of a consignment into the Community’

                     and replaced by:

                           ‘(b)

                           Designated point of entry (DPE): means the point of entry as defined in Article 3 (b) of Regulation (EC) No 669/2009’.

               2.

               In Article 5, first and second paragraph, Article 7(2) and (3) and in Annex II, under General, Box I.4, Box I.9, Box II.5, Box II.6, Box II.8, Box II.9 and Box III.1 the term ‘first point of introduction’ is replaced by ‘DPE’.

         Article 16
   Transitional measures
   By way of derogation from Articles 4(1) and 5 (1), Member States shall authorise the imports of consignments of feed and food referred to in Article 1(1) and (2) which left the country of origin prior to 18 February 2013 without being accompanied by a health certificate and the results of sampling and analysis.
   Article 17
   Entry into force
   This Regulation shall enter into force on the third day following that of its publication in the Official Journal of the European Union.
   It shall apply from 18 February 2013.

      This Regulation shall be binding in its entirety and directly applicable in all Member States.
      Done at Brussels, 31 January 2013.

            For the Commission

            The President

         José Manuel BARROSO

      (1)  OJ L 31, 1.2.2002, p. 1.

      (2)  OJ L 165, 30.4.2004, p. 1.

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

      (4)  OJ L 364, 20.12.2006, p. 5.

      (5)  OJ L 140, 30.5.2002, p. 10.

      (6)  OJ L 70, 16.3.2005, p. 1.

      (7)  OJ L 70, 9.3.2006, p. 12.

      (8)  OJ L 54, 26.2.2009, p. 1.

      (9)  OJ L 187, 16.7.2002, p. 30.

      (10)  OJ L 313, 28.11.2009, p. 40.

      ANNEX I
      Feed and food of non-animal origin subject to the measures provided for in this Regulation:

                  Feed and food
                  (intended use)

                  CN code (1)

                  TARIC sub-division

                  Country of origin

                  Hazard

                  Frequency of physical and identity checks (%) at import

                              —

                              Groundnuts (peanuts), in shell

                              —

                           1202 41 00

                  Ghana (GH)

                  Aflatoxins

                  50

                              —

                              Groundnuts (peanuts), shelled

                              —

                           1202 42 00

                              —

                              Peanut butter

                              —

                           2008 11 10

                  (Feed and Food)

                  Okra

                  ex 0709 99 90

                  20

                  India (IN)

                  Pesticide residues analysed with multi-residue methods based on GC-MS and LC-MS or with single-residue methods (2)

                  20

                  (Food — fresh)

                  Curry leaves (Bergera/Murraya koenigii)

                  ex 1211 90 86

                  10

                  India (IN)

                  Pesticide residues analysed with multi-residue methods based on GC-MS and LC-MS or with single residue methods (3)

                  20

                  (Food — herbs)

                              —

                              Groundnuts (peanuts), in shell

                              —

                           1202 41 00

                  India (IN)

                  Aflatoxins

                  20

                              —

                              Groundnuts (peanuts), shelled

                              —

                           1202 42 00

                              —

                              Peanut butter

                              —

                           2008 11 10

                              —

                              Groundnuts (peanuts), otherwise prepared or preserved

                              —

                              2008 11 91; 2008 11 96; 2008 11 98

                  (Feed and food)

                  Watermelon (egusi, Citrullus lanatus) seeds and derived products

                  ex 1207 70 00;

                  10

                  Nigeria (NG)

                  Aflatoxins

                  50

                  ex 1106 30 90;

                  30

                  ex 2008 99 99;

                  50

                  (Food)

         (1)  Where only certain products under any CN code are required to be examined and no specific subdivision under that code exists in the goods nomenclature, the CN code is marked ‘ex’.

         (2)  Certification by the country of origin and control at import by the Member States to ensure compliance with Regulation (EC) No 396/2005 in particular residues of: Acephate, Methamidophos, Triazophos, Endosulfan, Monocrotophos, Methomyl, Thiodicarb, Diafenthiuron, Thiamethoxam, Fipronil, Oxamyl, Acetamiprid, Indoxacarb, Mandipropamid.

         (3)  Certification by the country of origin and control at import by the Member States to ensure compliance with Regulation (EC) No 396/2005 in particular residues of: Triazophos, Oxydemeton-methyl, Chlorpyriphos, Acetamiprid, Thiamethoxam, Clothianidin, Methamidophos, Acephate, Propargite, Monocrotophos.

      ANNEX II

      ANNEX III
      Regulation (EC) No 669/2009 is amended as follows:

                  1.

                  In Annex I, the following entries are deleted:

                                          ‘—

                                          Groundnuts (peanuts), in shell

                                          —

                                       1202 41 00

                              Ghana (GH)

                              Aflatoxins

                              50’

                                          —

                                          Groundnuts (peanuts), shelled

                                          —

                                       1202 42 00

                                          —

                                          Peanut butter

                                          —

                                       2008 11 10

                              (Feed and food)

                              ‘Curry leaves (Bergera/Murraya koenigii)

                              ex 1211 90 86

                              10

                              India (IN)

                              Pesticide residues analysed with multi-residue methods based on GC-MS and LC-MS or with single residue methods(5)

                              50’

                              (Food — fresh herbs)

                                          ‘—

                                          Groundnuts (peanuts), in shell

                                          —

                                       1202 41 00

                              India (IN)

                              Aflatoxins

                              20’

                                          —

                                          Groundnuts (peanuts), shelled

                                          —

                                       1202 42 00

                                          —

                                          Peanut butter

                                          —

                                       2008 11 10

                                          —

                                          Groundnuts (peanuts), otherwise prepared or preserved

                                          —

                                          2008 11 91; 2008 11 96; 2008 11 98

                              (Feed and food)

                              ‘Okra

                              ex 0709 99 90

                              20

                              India (IN)

                              Pesticide residues analysed with multi-residue methods based on GC-MS and LC-MS or with single-residue methods(2)

                              50’

                              (Food — fresh)

                              ‘Watermelon (egusi, Citrullus lanatus) seeds and derived products

                              ex 1207 70 00;

                              10

                              Nigeria (NG)

                              Aflatoxins

                              50’

                              ex 1106 30 90;

                              30

                              ex 2008 99 99

                              50

                              (Food)

                  2.

                  In Annex I, the following endnote (2) is deleted:

                              ‘(2)

                              In particular residues of: Acephate, Methamidophos, Triazophos, Endosulfan, Monocrotophos, Methomyl, Thiodicarb, Diafenthiuron, Thiamethoxam, Fipronil, Oxamyl, Acetamiprid, Indoxacarb, Mandipropamid.’

                  3.

                  In Annex I, the following endnote (5) is deleted:

                              ‘(5)

                              In particular residues of: Triazophos, Oxydemeton-methyl, Chlorpyriphos, Acetamiprid, Thiamethoxam, Clothianidin, Methamidophos, Acephate, Propargite, Monocrotophos.’


title: Commission Implementing Regulation (EU) No 1237/2011 of 29 November 2011 establishing the standard import values for determining the entry price of certain fruit and vegetables

text:
               30.11.2011

               EN

               Official Journal of the European Union

               L 317/26

         COMMISSION IMPLEMENTING REGULATION (EU) No 1237/2011
   of 29 November 2011
   establishing the standard import values for determining the entry price of certain fruit and vegetables
   THE EUROPEAN COMMISSION,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to Council Regulation (EC) No 1234/2007 of 22 October 2007 establishing a common organisation of agricultural markets and on specific provisions for certain agricultural products (Single CMO Regulation) (1),
   Having regard to Commission Implementing Regulation (EU) No 543/2011 of 7 June 2011 laying down detailed rules for the application of Council Regulation (EC) No 1234/2007 in respect of the fruit and vegetables and processed fruit and vegetables sectors (2), and in particular Article 136(1) thereof,
   Whereas:
   Implementing Regulation (EU) No 543/2011 lays down, pursuant to the outcome of the Uruguay Round multilateral trade negotiations, the criteria whereby the Commission fixes the standard values for imports from third countries, in respect of the products and periods stipulated in Annex XVI, Part A thereto,
   HAS ADOPTED THIS REGULATION:
   Article 1
   The standard import values referred to in Article 136 of Implementing Regulation (EU) No 543/2011 are fixed in the Annex hereto.
   Article 2
   This Regulation shall enter into force on 30 November 2011.

      This Regulation shall be binding in its entirety and directly applicable in all Member States.
      Done at Brussels, 29 November 2011.

            For the Commission, On behalf of the President,
         José Manuel SILVA RODRÍGUEZ

            Director-General for Agriculture and Rural Development

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

      (2)  OJ L 157, 15.6.2011, p. 1.

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

                  (EUR/100 kg)

                  CN code

                  Third country code (1)

                  Standard import value

                  0702 00 00

                  AL

                  59,8

                  IL

                  98,1

                  MA

                  41,4

                  TN

                  143,0

                  TR

                  89,3

                  ZZ

                  86,3

                  0707 00 05

                  EG

                  193,3

                  TR

                  110,9

                  ZZ

                  152,1

                  0709 90 70

                  MA

                  34,4

                  TR

                  146,7

                  ZZ

                  90,6

                  0805 20 10

                  MA

                  80,7

                  ZZ

                  80,7

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

                  HR

                  50,4

                  IL

                  80,7

                  TR

                  77,0

                  UY

                  71,0

                  ZZ

                  69,8

                  0805 50 10

                  TR

                  57,1

                  ZA

                  49,5

                  ZZ

                  53,3

                  0808 10 80

                  CA

                  105,1

                  CL

                  90,0

                  CN

                  74,9

                  MK

                  36,4

                  NZ

                  41,5

                  US

                  130,8

                  ZA

                  116,2

                  ZZ

                  85,0

                  0808 20 50

                  CN

                  64,1

                  TR

                  137,2

                  ZZ

                  100,7

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


title: Commission Implementing Regulation (EU) No 1089/2011 of 27 October 2011 establishing the standard import values for determining the entry price of certain fruit and vegetables

text:
               28.10.2011

               EN

               Official Journal of the European Union

               L 281/18

         COMMISSION IMPLEMENTING REGULATION (EU) No 1089/2011
   of 27 October 2011
   establishing the standard import values for determining the entry price of certain fruit and vegetables
   THE EUROPEAN COMMISSION,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to Council Regulation (EC) No 1234/2007 of 22 October 2007 establishing a common organisation of agricultural markets and on specific provisions for certain agricultural products (Single CMO Regulation) (1),
   Having regard to Commission Implementing Regulation (EU) No 543/2011 of 7 June 2011 laying down detailed rules for the application of Council Regulation (EC) No 1234/2007 in respect of the fruit and vegetables and processed fruit and vegetables sectors (2), and in particular Article 136(1) thereof,
   Whereas:
   Implementing Regulation (EU) No 543/2011 lays down, pursuant to the outcome of the Uruguay Round multilateral trade negotiations, the criteria whereby the Commission fixes the standard values for imports from third countries, in respect of the products and periods stipulated in Annex XVI, Part A thereto,
   HAS ADOPTED THIS REGULATION:
   Article 1
   The standard import values referred to in Article 136 of Implementing Regulation (EU) No 543/2011 are fixed in the Annex hereto.
   Article 2
   This Regulation shall enter into force on 28 October 2011.

      This Regulation shall be binding in its entirety and directly applicable in all Member States.
      Done at Brussels, 27 October 2011.

            For the Commission, On behalf of the President,
         José Manuel SILVA RODRÍGUEZ

            Director-General for Agriculture and Rural Development

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

      (2)  OJ L 157, 15.6.2011, p. 1.

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

                  (EUR/100 kg)

                  CN code

                  Third country code (1)

                  Standard import value

                  0702 00 00

                  AL

                  57,4

                  MA

                  49,1

                  MK

                  73,2

                  ZZ

                  59,9

                  0707 00 05

                  AL

                  45,6

                  EG

                  151,1

                  JO

                  191,6

                  MK

                  62,2

                  TR

                  134,6

                  ZZ

                  117,0

                  0709 90 70

                  AR

                  33,4

                  TR

                  134,1

                  ZZ

                  83,8

                  0805 50 10

                  AR

                  59,8

                  TR

                  70,4

                  ZA

                  63,0

                  ZZ

                  64,4

                  0806 10 10

                  BR

                  217,0

                  CL

                  71,4

                  TR

                  128,6

                  ZA

                  67,9

                  ZZ

                  121,2

                  0808 10 80

                  AR

                  48,0

                  BR

                  86,4

                  CA

                  106,1

                  CL

                  90,0

                  CN

                  82,6

                  NZ

                  129,3

                  US

                  99,9

                  ZA

                  104,7

                  ZZ

                  93,4

                  0808 20 50

                  CN

                  52,9

                  TR

                  127,5

                  ZZ

                  90,2

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


title: Commission Implementing Regulation (EU) No 939/2012 of 12 October 2012 establishing the standard import values for determining the entry price of certain fruit and vegetables

text:
               13.10.2012

               EN

               Official Journal of the European Union

               L 280/5

         COMMISSION IMPLEMENTING REGULATION (EU) No 939/2012
   of 12 October 2012
   establishing the standard import values for determining the entry price of certain fruit and vegetables
   THE EUROPEAN COMMISSION,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to Council Regulation (EC) No 1234/2007 of 22 October 2007 establishing a common organisation of agricultural markets and on specific provisions for certain agricultural products (Single CMO Regulation) (1),
   Having regard to Commission Implementing Regulation (EU) No 543/2011 of 7 June 2011 laying down detailed rules for the application of Council Regulation (EC) No 1234/2007 in respect of the fruit and vegetables and processed fruit and vegetables sectors (2), and in particular Article 136(1) thereof,
   Whereas:

               (1)

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

               (2)

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

         HAS ADOPTED THIS REGULATION:
   Article 1
   The standard import values referred to in Article 136 of Implementing Regulation (EU) No 543/2011 are fixed in the Annex to this Regulation.
   Article 2
   This Regulation shall enter into force on the day of its publication in the Official Journal of the European Union.

      This Regulation shall be binding in its entirety and directly applicable in all Member States.
      Done at Brussels, 12 October 2012.

            For the Commission, On behalf of the President,
         José Manuel SILVA RODRÍGUEZ

            Director-General for Agriculture and Rural Development

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

      (2)  OJ L 157, 15.6.2011, p. 1.

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

                  (EUR/100 kg)

                  CN code

                  Third country code (1)

                  Standard import value

                  0702 00 00

                  MA

                  72,4

                  MK

                  39,0

                  TR

                  59,9

                  ZZ

                  57,1

                  0707 00 05

                  MK

                  34,4

                  TR

                  118,1

                  ZZ

                  76,3

                  0709 93 10

                  TR

                  116,6

                  ZZ

                  116,6

                  0805 50 10

                  AR

                  80,1

                  CL

                  108,8

                  TR

                  82,8

                  UY

                  65,5

                  ZA

                  91,8

                  ZZ

                  85,8

                  0806 10 10

                  BR

                  262,6

                  MK

                  30,0

                  TR

                  131,4

                  ZZ

                  141,3

                  0808 10 80

                  BR

                  79,8

                  CL

                  99,9

                  MK

                  29,8

                  NZ

                  122,6

                  ZA

                  99,0

                  ZZ

                  86,2

                  0808 30 90

                  CN

                  66,3

                  TR

                  105,8

                  ZZ

                  86,1

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


title: Commission Implementing Regulation (EU) No 1271/2011 of 5 December 2011 concerning the classification of certain goods in the Combined Nomenclature

text:
               8.12.2011

               EN

               Official Journal of the European Union

               L 325/1

         COMMISSION IMPLEMENTING REGULATION (EU) No 1271/2011
   of 5 December 2011
   concerning the classification of certain goods in the Combined Nomenclature
   THE EUROPEAN COMMISSION,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to Council Regulation (EEC) No 2658/87 of 23 July 1987 on the tariff and statistical nomenclature and on the Common Customs Tariff (1), and in particular Article 9(1)(a) thereof,
   Whereas:

               (1)

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

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

               (5)

               The Customs Code Committee has not issued an opinion within the time limit set by its Chairman,

         HAS ADOPTED THIS REGULATION:
   Article 1
   The goods described in column (1) of the table set out in the Annex shall be classified within the Combined Nomenclature under the CN code indicated in column (2) of that table.
   Article 2
   Binding tariff information issued by the customs authorities of Member States, which is not in accordance with this Regulation, can continue to be invoked for a period of three months under Article 12(6) of Regulation (EEC) No 2913/92.
   Article 3
   This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.

      This Regulation shall be binding in its entirety and directly applicable in all Member States.
      Done at Brussels, 5 December 2011.

            For the Commission, On behalf of the President,
         Algirdas ŠEMETA

            Member of the Commission

      (1)  OJ L 256, 7.9.1987, p. 1.

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

      ANNEX

                  Description of the goods

                  Classification
                  (CN code)

                  Reasons

                  (1)

                  (2)

                  (3)

                  The product is a beige powder consisting of (% by weight):

                              Food/dietary fibre

                              66,1

                              (thereof crude fibre

                              15,2)

                              proteins

                              18,8

                              moisture

                              7,5

                              ash

                              2,3

                              fat

                              0,2

                        The product is a solid vegetable residue obtained from soybeans after the extraction of the oil and partial removal of the proteins, followed by drying and grinding. The product has the characteristics of non-textured flour.
                  The product is a by-product of the production of soya protein concentrates and isolates and has as a result a reduced content of proteins.
                  The product is used for the fortification of food preparations and animal feeding products. The product is presented in bags of 25 kg.

                  2304 00 00

                  Classification is determined by General Rules 1 and 6 for the interpretation of the Combined Nomenclature and the wording of CN code 2304 00 00.
                  Although the product is used in the food industry, it is not a food preparation complying with the characteristics described under heading 1901 or a food preparation not elsewhere specified or included under heading 2106. Therefore classification under headings 1901 and 2106 is excluded.
                  As the product is composed of various residues and wastes derived from vegetable materials used by food preparing industries, as animal feeding stuffs and for human consumption, it is to be classified in Chapter 23 (see Harmonized System Explanatory Notes to Chapter 23, General, first paragraph).
                  The product is therefore to be classified under CN code 2304 00 00 as other solid residues resulting from the extraction of soya-bean oil.


title: Commission Implementing Regulation (EU) No 284/2012 of 29 March 2012 imposing special conditions governing the import of feed and food originating in or consigned from Japan following the accident at the Fukushima nuclear power station and repealing Implementing Regulation (EU) No 961/2011  Text with EEA relevance

text:
               30.3.2012

               EN

               Official Journal of the European Union

               L 92/16

         COMMISSION IMPLEMENTING REGULATION (EU) No 284/2012
   of 29 March 2012
   imposing special conditions governing the import of feed and food originating in or consigned from Japan following the accident at the Fukushima nuclear power station and repealing Implementing Regulation (EU) No 961/2011
   (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 178/2002 of the European Parliament and of the Council of 28 January 2002 laying down the general principles and requirements of food law, establishing the European Food Safety Authority and laying down procedures in matters of food safety (1), and in particular Article 53(1)(b)(ii) thereof,
   Whereas:

               (1)

               Article 53 of Regulation (EC) No 178/2002 provides for the possibility to adopt appropriate Union emergency measures for food and feed imported from a third country in order to protect public health, animal health or the environment, where the risk cannot be contained satisfactorily by means of measures taken by the Member States individually.

               (2)

               Following the accident at the Fukushima nuclear power station on 11 March 2011, the Commission was informed that radionuclide levels in certain food products originating in Japan exceeded the action levels in food applicable in Japan. Such contamination may constitute a threat to public and animal health in the Union and therefore Commission Implementing Regulation (EU) No 297/2011 of 25 March 2011 imposing special conditions governing the import of feed and food originating in or consigned from Japan following the accident at the Fukushima nuclear power station (2) was adopted. That Regulation was later replaced by Commission Implementing Regulation (EU) No 961/2011 (3).

               (3)

               The Japanese authorities have provided information to the Commission that in the many samples taken of sake and other spirit drinks (whiskey and shochu) no radioactivity was detected in all samples. The process of polishing, fermentation and distillation removes the radioactivity nearly completely from the spirit drink itself. The issue will be followed-up based on the continued monitoring of sake, whiskey and shochu by the Japanese authorities. It is therefore appropriate to exclude sake, whiskey and shochu from the scope of this Regulation in order to reduce the administrative burden for the Japanese authorities and the competent authorities of the importing Member States.

               (4)

               The Japanese authorities have adopted on 24 February 2012 new maximum levels for the sum of caesium-134 and caesium-137, to be applied as from 1 April 2012, with transitional measures foreseen for rice, beef and soybean and processed products thereof, which are lower than the maximum levels established by Council Regulation (Euratom) No 3954/87 of 22 December 1987 laying down maximum permitted levels of radioactive contamination of foodstuffs and of feedingstuffs following a nuclear accident or any other case of radiological emergency (4). The transitional measures for beef have no relevance for the import into the Union as the import of beef from Japan into the Union is not allowed for animal and public health reasons other than radioactivity. The Japanese authorities also informed the Commission that products that are not allowed to be placed on the Japanese market are also not allowed to be exported. It is therefore appropriate, although there is no need for safety reasons, in order to provide consistency between the pre-export controls performed by the Japanese authorities and the controls on the level of radionuclides performed on feed and food originating in or consigned from Japan at the entry into the Union, to apply the same maximum levels in the Union for radionuclides in feed and food from Japan as the maximum levels applicable in Japan as long as these are lower than the values established in Regulation (Euratom) No 3954/87.

               (5)

               Shortly after the nuclear accident, controls were required for the presence of iodine-131 and the sum of caesium-134 and caesium-137 in feed and food originating from Japan, as there was evidence that the release of radioactivity into the environment was related to a very large part to iodine-131, caesium-134 and caesium-137, and there was only very limited or no emission of the radionuclides strontium (Sr-90), plutonium (Pu-239) and americium (Am-241). Iodine-131 has a short half-life of 8 days and because there were no releases of radioactivity from the affected nuclear power plant into the environment in recent months and the affected nuclear reactor is now in a stable situation and no further releases to the environment are expected, iodine-131 is no longer present in the environment and consequently also not in feed and food from Japan. Therefore the control for the presence of iodine-131 was no longer required by Commission Implementing Regulation (EU) No 1371/2011 of 21 December 2011 amending Implementing Regulation (EU) No 961/2011 imposing special conditions governing the import of feed and food originating in or consigned from Japan following the accident at the Fukushima nuclear power station (5). Therefore there is no need to maintain maximum levels for iodine-131 in this Regulation.

               (6)

               Implementing Regulation (EU) No 961/2011 provided also maximum levels for strontium, plutonium and americium in case there would have been new releases to the environment of radioactivity including these radionuclides. Given that the affected nuclear reactor is now in a stable situation, the possibility of new releases of radioactivity to the environment is excluded or very minimal and there have been no significant releases to the environment of strontium, plutonium and americium following the nuclear power plant accident, it is evident that the control for the presence of these radionuclides in food or feed from Japan is not necessary. As a consequence there is no need to maintain maximum levels for these radionuclides in this Regulation.

               (7)

               Implementing Regulation (EU) No 961/2011 has been amended at two occasions to take into account the development of the situation. Given that this Regulation provides for further amendments requiring changes to several provisions of that Regulation, it is appropriate to replace Implementing Regulation (EU) No 961/2011 by a new Regulation.

               (8)

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

         HAS ADOPTED THIS REGULATION:
   Article 1
   Scope
   This Regulation shall apply to feed and food within the meaning of Article 1(2) of Regulation (Euratom) No 3954/87 originating in or consigned from Japan, with the exclusion of:

               (a)

               products which left Japan before 28 March 2011;

               (b)

               products which have been harvested and/or processed before 11 March 2011;

               (c)

               sake falling within CN codes ex 2206 00 39 (sparkling), ex 2206 00 59 (still, in containers holding 2 litres or less) or ex 2206 00 89 (still, in containers holding more than 2 litres);

               (d)

               whiskey falling within CN code 2208 30;

               (e)

               shochu falling within CN code ex 2208 90 56, ex 2208 90 69, ex 2208 90 77 or ex 2208 90 78.

         Article 2
   Definitions
   For the purposes of this Regulation, ‘transitional measures provided in the Japanese legislation’ means the transitional measures adopted by the Japanese authorities on 24 February 2012 as regards the maximum levels for the sum of caesium-134 and caesium-137 as set out in Annex III.
   Article 3
   Import into the Union
   Feed and food (hereinafter: ‘the products’) referred to in Article 1 may only be imported into the European Union if they comply with this Regulation.
   Article 4
   Maximum levels of caesium-134 and caesium-137
   1.   The products referred to in Article 1, except rice, soybean and processed products thereof, shall comply with the maximum level for the sum of caesium-134 and caesium-137 as set out in Annex II.
   2.   Rice and soybean and processed products thereof shall comply with the maximum level for the sum of caesium-134 and caesium-137 as set out in Annex III.
   Article 5
   Declaration
   1.   Each consignment of products referred to in Article 1 shall be accompanied by a valid declaration drawn up and signed in accordance with Article 6.
   2.   The declaration referred to in paragraph 1 shall:

               (a)

               attest that the products comply with the legislation in force in Japan; and

               (b)

               specify whether the products are falling or not under the transitional measures provided for in the Japanese legislation.

         3.   The declaration referred to in paragraph 1 shall furthermore certify that:

               (a)

               the products have been harvested and/or processed before 11 March 2011; or

               (b)

               the products originate in and are consigned from a prefecture other than Fukushima, Gunma, Ibaraki, Tochigi, Miyagi, Yamanashi, Saitama, Tokyo, Chiba, Kanagawa and Shizuoka; or

               (c)

               the products are consigned from Fukushima, Gunma, Ibaraki, Tochigi, Miyagi, Yamanashi, Saitama, Tokyo, Chiba, Kanagawa and Shizuoka prefectures, but do not originate in one of those prefectures and have not been exposed to radioactivity during transiting; or

               (d)

               where the products originate in Fukushima, Gunma, Ibaraki, Tochigi, Miyagi, Yamanashi, Saitama, Tokyo, Chiba, Kanagawa and Shizuoka prefectures, the products are accompanied by an analytical report containing the results of sampling and analysis.

         4.   Point (d) of paragraph 3 shall apply also to products caught or harvested in the coastal waters of the prefectures referred to therein, irrespective of where such products are landed.
   Article 6
   Drawing up and signing of the declaration
   1.   The declaration referred to in Article 5 shall be drawn up in accordance with the model set out in Annex I.
   2.   For the products referred to in the points (a), (b) or (c) of Article 5(3), the declaration shall be signed by an authorised representative of the competent Japanese authority or by an authorised representative of an instance authorised by the competent Japanese authority under the authority and supervision of the competent Japanese authority.
   3.   For the products referred to in the point (d) of Article 5(3), the declaration shall be signed by an authorised representative of the competent Japanese authority and shall be accompanied by an analytical report containing the results of sampling and analysis.
   Article 7
   Identification
   Each consignment of products referred to in Article 1 shall be identified by means of a code which shall be indicated on the declaration referred to in Article 5(1), on the analytical report referred to in Article 6(3), on the sanitary certificate and on any commercial documents accompanying the consignment.
   Article 8
   Border inspection posts and designated point of entry
   Consignments of products referred to in Article 1, except those falling within the scope of Council Directive 97/78/EC (6), shall be introduced into the Union through a designated point of entry within the meaning of Article 3(b) of Commission Regulation (EC) No 669/2009 (7) (hereinafter ‘designated point of entry’).
   Article 9
   Prior notification
   Feed and food business operators or their representatives shall give prior notification of the arrival of each consignment of the products referred to in Article 1, at least two working days prior to the physical arrival of the consignment, to the competent authorities at the border inspection post or at the designated point of entry.
   Article 10
   Official controls
   1.   The competent authorities of the border inspection post or designated point of entry shall carry out:

               (a)

               documentary checks on all consignments of products referred to in Article 1;

               (b)

               physical checks and identity checks, including laboratory analysis on the presence of caesium-134 and caesium-137, on at least:

                           (i)

                           5 % of the consignments of products referred to in Article 5(3)(d); and

                           (ii)

                           10 % of the consignments of products referred to in Article 5(3)(b) and (c).

         2.   Consignments shall be kept under official control, for a maximum of five working days, pending the availability of the results of the laboratory analysis.
   3.   In case the result of the laboratory analysis provides evidence that the guarantees provided in the declaration are false, the declaration is considered not to be valid and the consignment of feed and food does not comply with the provisions of this Regulation.
   Article 11
   Costs
   All costs resulting from the official controls referred to in Article 10 and any measures taken following non-compliance, shall be borne by the feed and food business operators.
   Article 12
   Release for free circulation
   The consignments may only be released for free circulation if the feed and food business operators or their representative submit to the customs authorities a declaration, as referred to in Article 5(1), which:

               (a)

               has been duly endorsed by the competent authority at the border inspection post or designated point of entry; and

               (b)

               gives evidence that the official controls referred to in Article 10 have been carried out and that the results of those controls have been favourable.

         Article 13
   Non-compliant products
   Products which do not comply with the provisions of this Regulation shall not be placed on the market. Such products shall be safely disposed of or returned to the country of origin.
   Article 14
   Reports
   Member States shall inform the Commission monthly through the Rapid Alert System for Food and Feed (RASFF) of all analytical results obtained.
   Article 15
   Repeal
   Implementing Regulation (EU) No 961/2011 is repealed.
   References to the repealed Regulation shall be construed as references to this Regulation.
   Article 16
   Transitional measure
   By way of derogation from Article 3, products referred to in Article 1 may be imported into the Union if they comply with Implementing Regulation (EU) No 961/2011 where:

               (a)

               the products left Japan before the entry into force of this Regulation; or

               (b)

               the products are accompanied by a declaration in accordance with that Regulation which was issued before 1 April 2012 and the products have left Japan before 15 April 2012.

         Article 17
   Entry into force and period of application
   This Regulation shall enter into force on the third day following that of its publication in the Official Journal of the European Union.

   It shall apply from the date of entry into force until 31 October 2012. The Regulation will be reviewed regularly taking into account the development of the contamination situation.

      This Regulation shall be binding in its entirety and directly applicable in all Member States.
      Done at Brussels, 29 March 2012.

            For the Commission

            The President

         José Manuel BARROSO

      (1)  OJ L 31, 1.2.2002, p. 1.

      (2)  OJ L 80, 26.3.2011, p. 5.

      (3)  OJ L 252, 28.9.2011, p. 10.

      (4)  OJ L 371, 30.12.1987, p. 11.

      (5)  OJ L 341, 22.12.2011, p. 41.

      (6)  OJ L 24, 30.1.1998, p. 9.

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

      ANNEX I

      ANNEX II

         Maximum levels for food
          (1)
         (Bq/kg) as provided in the Japanese legislation

                  Foods for infants and young children

                  Milk and dairy products

                  Other food, with the exception of
                  mineral water and similar drinks
                  tea brewed from unfermented leaves
                  soybean and soybean products (4)

                  Mineral water and similar drinks and tea brewed from unfermented leaves

                  Sum of caesium-134 and caesium-137

                  50 (2)

                  50 (2)

                  100 (2)
                      (3)

                  10 (2)

         Maximum levels for feed
          (5)
         (Bq/kg) as provided in the Japanese legislation

                  Feed intended for cows and horses

                  Feed intended for pigs

                  Feed intended for poultry

                  Feed for fish (7)

                  Sum of caesium-134 and caesium-137

                  100 (6)

                  80 (6)

                  160 (6)

                  40 (6)

         (1)  For dried products that are intended to be consumed in a reconstituted state, the maximum level applies to the reconstituted product as ready for consumption.
      For dried mushrooms a reconstitution factor of 5 is of application.
      For tea, the maximum level applies to the infusion brewed from tea leaves. The processing factor for dried tea is 50, and therefore a maximum level of 500 Bq/kg on dried tea leaves ensures that the level in the brewed tea does not exceed the maximum level of 10 Bq/kg.

         (2)  In order to ensure consistency with maximum levels currently applied in Japan, these values replace on a provisional basis the values laid down in Council Regulation (Euratom) No 3954/87.

         (3)  For rice and rice products, the maximum level applies as from 1 October 2012. Before that date, the maximum level of 500 Bq/kg applies.

         (4)  For soybean and soybean products, the maximum level of 500 Bq/kg applies.

         (5)  Maximum level is relative to a feed with a moisture content of 12 %.

         (6)  In order to ensure consistency with maximum levels currently applied in Japan, this value replaces on a provisional basis the value laid down in Commission Regulation (Euratom) No 770/90 (OJ L 83, 30.3.1990, p. 78).

         (7)  With the exemption of feed for ornamental fish.

      ANNEX III

         Transitional measures provided in Japanese legislation and of application for this Regulation

                  (a)

                  Milk and dairy products, mineral water and similar drinks that are manufactured and/or processed before 31 March 2012 shall not contain radioactive caesium more than 200 Bq/kg. Other foods, except for rice, soybean and processed products thereof that are manufactured, and/or processed before 31 March 2012 shall not contain radioactive caesium more than 500 Bq/kg.

                  (b)

                  Rice harvested before 30 September 2012 shall not contain radioactive caesium more than 500 Bq/kg.

                  (c)

                  Products made from rice that are manufactured, and/or processed before 30 September 2012 shall not contain radioactive caesium more than 500 Bq/kg.

                  (d)

                  Soybean shall not contain radioactive caesium more than 500 Bq/kg.

                  (e)

                  Products made from soybean shall not contain radioactive caesium more than 500 Bq/kg.


title: Commission Implementing Regulation (EU) No 1061/2011 of 20 October 2011 fixing the rates of the refunds applicable to milk and milk products exported in the form of goods not covered by Annex I to the Treaty

text:
               21.10.2011

               EN

               Official Journal of the European Union

               L 276/41

         COMMISSION IMPLEMENTING REGULATION (EU) No 1061/2011
   of 20 October 2011
   fixing the rates of the refunds applicable to milk and milk products exported in the form of goods not covered by Annex I to the Treaty
   THE EUROPEAN COMMISSION,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to Council Regulation (EC) No 1234/2007 of 22 October 2007 establishing a common organisation of agricultural markets and on specific provisions for certain agricultural products (single CMO Regulation) (1), and in particular Article 164(2) thereof,
   Whereas:

               (1)

               Article 162(1)b of Regulation (EC) No 1234/2007 provides that the difference between prices in international trade for the products referred to in Article 1(1)(p) and listed in Part XVI of Annex I to that Regulation and prices within the Union may be covered by an export refund where these goods are exported in the form of goods listed in Part IV of Annex XX to that Regulation.

               (2)

               Commission Regulation (EU) No 578/2010 of 29 June 2010 implementing Council Regulation (EC) No 1216/2009 as regards the system of granting export refunds on certain agricultural products exported in the form of goods not covered by Annex I to the Treaty, and the criteria for fixing the amount of such refunds (2), specifies the products for which a rate of refund is to be fixed, to be applied where these products are exported in the form of goods listed in Part IV of Annex XX to Regulation (EC) No 1234/2007.

               (3)

               In accordance with Article 14(1) of Regulation (EU) No 578/2010, the rate of the refund per 100 kilograms for each of the basic products in question is to be fixed for a period of the same duration as that for which refunds are fixed for the same products exported unprocessed.

               (4)

               Article 162(2) of Regulation (EC) No 1234/2007 lays down that the export refund for a product contained in a good may not exceed the refund applicable to that product when exported without further processing.

               (5)

               In the case of certain milk products exported in the form of goods not covered by Annex I to the Treaty, there is a danger that, if high refund rates are fixed in advance, the commitments entered into in relation to those refunds may be jeopardised. In order to avert that danger, it is therefore necessary to take appropriate precautionary measures, but without precluding the conclusion of long-term contracts. The fixing of specific refund rates for the advance fixing of refunds in respect of those products should enable those two objectives to be met.

               (6)

               Article 15(2) of Regulation (EU) No 578/2010 provides that, when the rate of the refund is being fixed, account is to be taken, where appropriate, of aids or other measures having equivalent effect applicable in all Member States in accordance with the Regulation on the common organisation of the agricultural markets to the basic products listed in Annex I to Regulation (EU) No 578/2010 or to assimilated products.

               (7)

               Article 100(1) of Regulation (EC) No 1234/2007 provides for the payment of aid for Union-produced skimmed milk processed into casein if such milk and the casein manufactured from it fulfil certain conditions.

               (8)

               The currently applicable refunds have been fixed by Commission Implementing Regulation (EU) No 713/2011 (3). Since new refunds should be fixed, that Regulation should therefore be repealed.

               (9)

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

         HAS ADOPTED THIS REGULATION:
   Article 1
   The rates of the refunds applicable to the basic products listed in Annex I to Regulation (EU) No 578/2010 and in Part XVI of Annex I to Regulation (EC) No 1234/2007, and exported in the form of goods listed in Part IV of Annex XX to Regulation (EC) No 1234/2007, shall be fixed as set out in the Annex to this Regulation.
   Article 2
   Implementing Regulation (EU) No 713/2011 is hereby repealed.
   Article 3
   This Regulation shall enter into force on 21 October 2011.

      This Regulation shall be binding in its entirety and directly applicable in all Member States.
      Done at Brussels, 20 October 2011.

            For the Commission, On behalf of the President,

         Heinz ZOUREK

            Director-General for Enterprise and Industry

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

      (2)  OJ L 171, 6.7.2010, p. 1.

      (3)  OJ L 190, 21.7.2011, p. 67.

      ANNEX

         Rates of the refunds applicable from 21 October 2011 to certain milk products exported in the form of goods not covered by Annex I to the Treaty
          (1)

                  (EUR/100 kg)

                  CN code

                  Description

                  Rate of refund

                  In case of advance fixing of refunds

                  Other

                  ex 0402 10 19

                  Powdered milk, in granules or other solid forms, not containing added sugar or other sweetening matter, with a fat content not exceeding 1,5 % by weight (PG 2):

                              (a)

                              on exportation of goods of CN code 3501

                  —

                  —

                              (b)

                              on exportation of other goods

                  0,00

                  0,00

                  ex 0402 21 19

                  Powdered milk, in granules or other solid forms, not containing added sugar or other sweetening matter, with a fat content of 26 % by weight (PG 3)

                  0,00

                  0,00

                  ex 0405 10

                  Butter, with a fat content by weight of 82 % (PG 6):

                              (a)

                              on exportation of goods of CN code 2106 90 98 containing 40 % or more by weight of milk fat

                  0,00

                  0,00

                              (b)

                              on exportation of other goods

                  0,00

                  0,00

         (1)  The rates set out in this Annex are not applicable to exports to:

                  (a)

                  third countries: Andorra, the Holy See (Vatican City State), Liechtenstein, the United States of America and the goods listed in Tables I and II of Protocol 2 to the Agreement between the European Community and the Swiss Confederation of 22 July 1972 exported to the Swiss Confederation.

                  (b)

                  territories of EU Member States not forming part of the customs territory of the Community: Ceuta, Melilla, the Communes of Livigno and Campione d’Italia, Heligoland, Greenland, the Faeroe Islands and the areas of the Republic of Cyprus in which the Government of the Republic of Cyprus does not exercise effective control.

                  (c)

                  European territories for whose external relations a Member State is responsible and not forming part of the customs territory of the Community: Gibraltar.

                  (d)

                  the destinations referred to in Article 33(1), Article 41(1) and Article 42(1) of Commission Regulation (EC) No 612/2009 (OJ L 186, 17.7.2009, p. 1).


title: Commission Implementing Regulation (EU) No 310/2014 of 25 March 2014 concerning the classification of certain goods in the Combined Nomenclature

text:
               27.3.2014

               EN

               Official Journal of the European Union

               L 91/10

      COMMISSION IMPLEMENTING REGULATION (EU) No 310/2014
   of 25 March 2014
   concerning the classification of certain goods in the Combined Nomenclature
   THE EUROPEAN COMMISSION,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to Council Regulation (EEC) No 2658/87 of 23 July 1987 on the tariff and statistical nomenclature and on the Common Customs Tariff (1), and in particular Article 9(1)(a) thereof,
   Whereas:

               (1)

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

               (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 12(6) of Council Regulation (EEC) No 2913/92 (2). 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 12(6) of Regulation (EEC) No 2913/92 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, 25 March 2014.

            For the Commission, On behalf of the President,
         Algirdas ŠEMETA

            Member of the Commission

      (1)  OJ L 256, 7.9.1987, p. 1.

      (2)  Council Regulation (EEC) No 2913/92 of 12 October 1992 establishing the Community Customs Code (OJ L 302, 19.10.1992, p. 1).

      ANNEX

                  Description of the goods

                  Classification
                  (CN code)

                  Reasons

                  (1)

                  (2)

                  (3)

                  A colour monitor of the liquid crystal display (LCD) type with a diagonal measurement of the screen of approximately 48 cm (19 inches) with dimensions of approximately 46 × 37 × 21 cm with:

                              —

                              a native resolution of 1 440 × 900 pixels,

                              —

                              supported resolutions of 640 × 480, 800 × 600, 1 024 × 768 and 1 280 × 1 024 pixels,

                              —

                              an aspect ratio of 16:10,

                              —

                              a pixel pitch of 0,285 mm,

                              —

                              a brightness of 300 cd/m2,

                              —

                              a contrast ratio of 500:1,

                              —

                              a response time of 8 ms,

                              —

                              two loudspeakers,

                              —

                              power and control buttons.

                        It is equipped with the following interfaces:

                              —

                              a DVI-D,

                              —

                              two VGA.

                        It has a stand with a tilt mechanism.
                  The monitor is presented for use with automatic data-processing (ADP) machines.

                  8528 51 00

                  Classification is determined by general rules 1 and 6 for the interpretation of the Combined Nomenclature, and by the wording of CN codes 8528 and 8528 51 00.
                  Given the objective characteristics of the product, such as the resolution, the supported resolutions, the aspect ratio, the pixel pitch suitable for prolonged close viewing, the brightness, the interfaces commonly used in ADP systems and the presence of tilt mechanisms, the intended use is that of a monitor of a kind solely or principally used in an ADP system of heading 8471.
                  The monitor is therefore to be classified under CN code 8528 51 00 as other monitors of a kind solely or principally used in an automatic data-processing system of heading 8471.


title: Commission Implementing Regulation (EU) 2016/1093 of 6 July 2016 approving didecylmethylpoly(oxyethyl)ammonium propionate as an existing active substance for use in biocidal products of product-type 8 (Text with EEA relevance)

text:
               7.7.2016

               EN

               Official Journal of the European Union

               L 182/1

         COMMISSION IMPLEMENTING REGULATION (EU) 2016/1093
   of 6 July 2016
   approving didecylmethylpoly(oxyethyl)ammonium propionate as an existing active substance for use in biocidal products of product-type 8
   (Text with EEA relevance)
   THE EUROPEAN COMMISSION,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to Regulation (EU) No 528/2012 of the European Parliament and of the Council of 22 May 2012 concerning the making available on the market and use of biocidal products (1), and in particular the third subparagraph of Article 89(1) thereof,
   Whereas:

               (1)

               Commission Delegated Regulation (EU) No 1062/2014 (2) establishes a list of existing active substances to be evaluated for their possible approval for use in biocidal products. That list includes didecylmethylpoly(oxyethyl)ammonium propionate.

               (2)

               Didecylmethylpoly(oxyethyl)ammonium propionate has been evaluated in accordance with Article 16(2) of Directive 98/8/EC of the European Parliament and of the Council (3) for use in products of product-type 8, wood preservatives, as defined in Annex V to that Directive, which corresponds to product-type 8 as defined in Annex V to Regulation (EU) No 528/2012.

               (3)

               Italy was designated as evaluating competent authority and submitted the assessment reports together with its recommendations on 20 November 2007.

               (4)

               In accordance with Article 7(2) of Delegated Regulation (EU) No 1062/2014, the opinion of the European Chemicals Agency was formulated on 8 December 2015 by the Biocidal Products Committee, having regard to the conclusions of the evaluating competent authority.

               (5)

               According to that opinion, biocidal products of product-type 8 and containing didecylmethylpoly(oxyethyl)ammonium propionate may be expected to satisfy the requirements of Article 5 of Directive 98/8/EC, provided that certain conditions concerning their use are complied with.

               (6)

               It is therefore appropriate to approve didecylmethylpoly(oxyethyl)ammonium propionate for use in biocidal products of product-type 8, subject to compliance with certain specifications and conditions.

               (7)

               A reasonable period should be allowed to elapse before an active substance is approved in order to permit interested parties to take the preparatory measures necessary to meet the new requirements.

               (8)

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

         HAS ADOPTED THIS REGULATION:
   Article 1
   Didecylmethylpoly(oxyethyl)ammonium propionate is approved as an active substance for use in biocidal products of product-type 8, subject to the specifications and conditions 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, 6 July 2016.

            For the Commission

            The President

         Jean-Claude JUNCKER

      (1)  OJ L 167, 27.6.2012, p. 1.

      (2)  Commission Delegated Regulation (EU) No 1062/2014 of 4 August 2014 on the work programme for the systematic examination of all existing active substances contained in biocidal products referred to in Regulation (EU) No 528/2012 of the European Parliament and of the Council (OJ L 294, 10.10.2014, p. 1).

      (3)  Directive 98/8/EC of the European Parliament and of the Council of 16 February 1998 concerning the placing of biocidal products on the market (OJ L 123, 24.4.1998, p. 1).

      ANNEX

                  Common Name

                  IUPAC Name
                  Identification Numbers

                  Minimum degree of purity of the active substance (1)

                  Date of approval

                  Expiry date of approval

                  Product type

                  Specific conditions

                  Didecylmethylpoly(oxyethyl)ammonium propionate

                  IUPAC Name:
                  Alpha-[2-(didecylmethylammonio)ethyl]-.omega.-hydroxy-poly(oxy-1,2-ethanediyl) propionate
                  EC No: None assigned
                  CAS No: 94667-33-1

                  86,1 % w/w (dry-weight)

                  1 January 2018

                  31 December 2027

                  8

                  The authorisations of biocidal products are subject to the following conditions.

                              (1)

                              The product assessment shall pay particular attention to the exposures, the risks and the efficacy linked to any use covered by an application for authorisation, but not addressed in the Union level risk assessment of the active substance.

                              (2)

                              In view of the risks identified for the uses assessed, the product assessment shall pay particular attention to:

                                          (a)

                                          industrial and professional users;

                                          (b)

                                          groundwater for wood in service that will be exposed to frequent weathering.

                              (3)

                              In view of the risks identified for surface and groundwater, labels and, where provided, safety data sheets of products authorised shall indicate that industrial or professional application shall be conducted within a contained area or on impermeable hard standing with bunding, and that freshly treated timber shall be stored after treatment under shelter or on impermeable hard standing, or both, to prevent direct losses to soil or water, and that any losses from the application of the product shall be collected for reuse or disposal.

         (1)  The purity indicated in this column was the minimum degree of purity of the active substance used for the evaluation made in accordance with Article 89(1) of Regulation (EU) No 528/2012. The active substance in the product placed on the market can be of equal or different purity if it has been proven technically equivalent with the evaluated active substance.