title: Commission Implementing Regulation (EU) No 404/2013 of 2 May 2013 on the derogations from the rules of origin laid down in Annex II to the Trade Agreement between the European Union and its Member States, of the one part, and Colombia and Peru, of the other part, that apply within quotas for certain products from Peru

text:
               3.5.2013

               EN

               Official Journal of the European Union

               L 121/30

         COMMISSION IMPLEMENTING REGULATION (EU) No 404/2013
   of 2 May 2013
   on the derogations from the rules of origin laid down in Annex II to the Trade Agreement between the European Union and its Member States, of the one part, and Colombia and Peru, of the other part, that apply within quotas for certain products from Peru
   THE EUROPEAN COMMISSION,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to Council Decision 2012/735/EU of 31 May 2012 on the signing, on behalf of the Union, and provisional application of the Trade Agreement between the European Union and its Member States, of the one part, and Colombia and Peru, of the other part (1), and in particular Article 6 thereof,
   Whereas:

               (1)

               By Decision 2012/735/EU, the Council authorised the signature, on behalf of the Union, of the Trade Agreement between the European Union and its Member States, of the one part, and Colombia and Peru, of the other part (‘the Agreement’). Pursuant to Decision 2012/735/EU, the Agreement is to be applied on a provisional basis, pending the completion of the procedures for its conclusion. The Agreement applies on a provisional basis from 1 March 2013.

               (2)

               Annex II to the Agreement concerns the definition of the concept of ‘originating products’ and methods of administrative cooperation. For a number of products, Appendix 2A and Appendix 5 to that Annex provide for derogations from the rules of origin set out in that Annex in the framework of annual quotas. It is therefore necessary to lay down the conditions for the application of those derogations for imports from Peru.

               (3)

               The quotas set out in Appendix 2A and Appendix 5 to Annex II to the Agreement should be managed by the Commission on a first-come, first-served basis in accordance with Commission Regulation (EEC) No 2454/93 of 2 July 1993 laying down provisions for the implementation of Council Regulation (EEC) No 2913/92 establishing the Community Customs Code (2).

               (4)

               Entitlement to benefit from the tariff concessions should be subject to the presentation of the relevant proof of origin to the customs authorities, as provided for in the Agreement.

               (5)

               Annex I to Council Regulation (EEC) No 2658/87 of 23 July 1987 on the tariff and statistical nomenclature and on the Common Customs Tariff (3), as amended by Commission Implementing Regulation (EU) No 927/2012 (4), contains new CN codes which are different from those referred to in the Agreement. Those new codes should therefore be reflected in Part B of the Annex to this Regulation.

               (6)

               Since the Agreement takes effect on 1 March 2013, this Regulation should apply from the same date.

               (7)

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

         HAS ADOPTED THIS REGULATION:
   Article 1
   1.   The rules of origin in Appendix 2A to Annex II to the Trade Agreement between the European Union and its Member States, of the one part, and Columbia and Peru, of the other part (hereinafter referred to as ‘the Agreement’), shall apply to the products listed in Part A of the Annex to this Regulation.
   2.   The rules of origin set out in Appendix 5 to Annex II to the Agreement shall apply to the products listed in Part B of the Annex to this Regulation.
   Article 2
   To benefit from the derogation set out in Article 1, the products listed in the Annex shall be accompanied by a proof of origin as set out in Annex II to the Agreement.
   Article 3
   The quotas listed in the Annex shall be managed by the Commission in accordance with the provisions of Articles 308a to 308c of Regulation (EEC) No 2454/93.
   Article 4
   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 1 March 2013.

      This Regulation shall be binding in its entirety and directly applicable in all Member States.
      Done at Brussels, 2 May 2013.

            For the Commission

            The President

         José Manuel BARROSO

      (1)  OJ L 354, 21.12.2012, p. 1.

      (2)  OJ L 253, 11.10.1993, p. 1.

      (3)  OJ L 256, 7.9.1987, p. 1.

      (4)  OJ L 304, 31.10.2012, p. 1.

      ANNEX

         Peru

      Notwithstanding the rules for the interpretation of the Combined Nomenclature, the wording of the description of the products is to be considered as having no more than an indicative value, the scope of the preferential scheme being determined, within the context of this Annex, by CN codes as they exist at the time of adoption of this Regulation. Where ex CN codes are indicated, the scope of the preferential scheme is to be determined by application of the CN code and a corresponding description taken together.
      PART A

                  Order No

                  CN code

                  Description of goods

                  Quota period

                  Annual quota volume
                  (in tonnes net weight if not otherwise specified)

                  09.7170

                  3920

                  Other plates, sheets, film, foil and strip, of plastics, non-cellular and not-reinforced, laminated, supported or similarly combined with other materials

                  From 1 March to end of February

                  15 000

                  09.7171

                  ex 5607 50 (1) and 5608

                  Twine and nets

                  From 1 March to end of February

                  650

                  09.7172

                  6108 22 00

                  Women’s or girl’s briefs and panties, knitted or crocheted, of man-made fibres

                  From 1 March to end of February

                  200

                  09.7173

                  6112 31

                  Men’s or boy’s swimwear, knitted or crocheted, of synthetic fibres

                  From 1 March to end of February

                  25

                  09.7174

                  6112 41

                  Woman’s or girl’s swimwear, knitted or crocheted, of synthetic fibres

                  From 1 March to end of February

                  100

                  09.7175

                  6115 10

                  Graduated compression hosiery (for example, stockings for varicose veins), knitted or crocheted

                  From 1 March to end of February

                  25

                  09.7176

                  6115 21 00

                  Other pantyhose and tights, of synthetic fibres, measuring per single yarn less than 67 decitex, knitted or crocheted

                  From 1 March to end of February

                  40

                  09.7177

                  6115 22 00

                  Other pantyhose and tights, of synthetic fibres, measuring per single yarn 67 decitex or more, knitted or crocheted

                  From 1 March to end of February

                  15

                  09.7178

                  6115 30

                  Other women’s full-length or knee-length hosiery, measuring per single yarn less than 67 decitex, knitted or crocheted

                  From 1 March to end of February

                  25

                  09.7179

                  6115 96

                  Other, of synthetic fibres, knitted or crocheted

                  From 1 March to end of February

                  175

                  09.7192

                  7321

                  Stoves, ranges, grates, cookers (including those with subsidiary boilers for central heating), barbecues, braziers, gas rings, plate warmers and similar nonelectric domestic appliances, and parts thereof, of iron or steel

                  From 1 March to end of February

                  20 000 number of items

                  09.7193

                  7323

                  Table, kitchen or other household articles and parts thereof, of iron or steel; iron or steel wool; pot scourers and scouring or polishing pads, gloves and the like, of iron or steel

                  From 1 March to end of February

                  50 000

                  09.7194

                  7325

                  Other cast articles of iron or steel

                  From 1 March to end of February

                  50 000

      PART B

                  Order No

                  CN code

                  Description of goods

                  Quota period

                  Annual quota volume
                  (in metric tonnes)

                  09.7195

                  0303 54 10

                  Frozen mackerel Scomber scombrus and Scomber japonicas

                  From 1 March to end of February

                  4 000

                  09.7196

                  0303 89 45

                  Frozen anchovies (Engraulis spp.)

                  From 1 March to end of February

                  120

                  09.7197

                  0303 55 10

                  Atlantic horse mackerel (Trachurus trachurus), frozen

                  From 1 March to end of February

                  60

                  0303 55 90 (2)

                  Horse mackerel (Caranx trachurus), frozen

                  09.7198

                  0307 49 59

                  Frozen squid (Ommastrephes spp. with the exclusion of Ommastrephes sagittatus, Nototodarus spp. and Sepioteuthis spp.), whether in shell or not

                  From 1 March to end of February

                  4 200

                  09.7199

                  0307 49 99

                  Squid (Ommastrephes spp. with the exclusion of Ommastrephes sagittatus, Nototodarus spp. and Sepioteuthis spp.), dried, salted or in brine, whether in shell or not

                  From 1 March to end of February

                  2 500

                  09.7200

                  1604 15 11

                  Fillets of mackerel of the species Scomber scombrus and Scomber japonicus, prepared or preserved

                  From 1 March to end of February

                  2 000

                  09.7201

                  1604 15 19

                  Mackerel of the species Scomber scombrus and Scomber japonicus, prepared or preserved, whole or in pieces, but not minced, other than fillets

                  From 1 March to end of February

                  800

                  09.7202

                  1604 15 90

                  Mackerel of the species Scomber australasicus, prepared or preserved, whole or in pieces, but not minced

                  From 1 March to end of February

                  20

                  09.7203

                  1604 16 00

                  Anchovies, prepared or preserved, whole or in pieces, but not minced

                  From 1 March to end of February

                  400

                  09.7204

                  1604 20 40

                  Prepared or preserved anchovies, other than whole or in pieces

                  From 1 March to end of February

                  30

                  09.7205

                  0307 19 10
                  0307 29 05
                  0307 49 05
                  0307 59 05
                  0307 60 10
                  0307 79 10
                  0307 89 10
                  0307 99 10
                  1605 51 00
                  1605 52 00
                  1605 53 10 (3)

                  1605 53 90 (4)

                  1605 54 00
                  1605 55 00
                  1605 56 00
                  1605 57 00
                  1605 58 00
                  1605 59 00

                  Molluscs, prepared or preserved, at the exception of mussels of the species Mytilus spp. and Perna spp.)

                  From 1 March to end of February

                  500

         (1)  TARIC codes 5607501110, 5607501910, 5607503010 and 5607509091.

         (2)  TARIC code 0303559010.

         (3)  TARIC code 1605531095.

         (4)  TARIC code 1605539095.


title: Commission Implementing Regulation (EU) No 520/2013 of 6 June 2013 establishing the standard import values for determining the entry price of certain fruit and vegetables

text:
               7.6.2013

               EN

               Official Journal of the European Union

               L 155/7

         COMMISSION IMPLEMENTING REGULATION (EU) No 520/2013
   of 6 June 2013
   establishing the standard import values for determining the entry price of certain fruit and vegetables
   THE EUROPEAN COMMISSION,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to Council Regulation (EC) No 1234/2007 of 22 October 2007 establishing a common organisation of agricultural markets and on specific provisions for certain agricultural products (Single CMO Regulation) (1),
   Having regard to Commission Implementing Regulation (EU) No 543/2011 of 7 June 2011 laying down detailed rules for the application of Council Regulation (EC) No 1234/2007 in respect of the fruit and vegetables and processed fruit and vegetables sectors (2), and in particular Article 136(1) thereof,
   Whereas:

               (1)

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

               (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, 6 June 2013.

            For the Commission, On behalf of the President,
         Jerzy PLEWA

            Director-General for Agriculture and Rural Development

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

      (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

                  41,5

                  MA

                  51,3

                  MK

                  65,0

                  TN

                  27,9

                  TR

                  62,1

                  ZZ

                  49,6

                  0707 00 05

                  AL

                  36,9

                  MK

                  34,4

                  TR

                  163,2

                  ZZ

                  78,2

                  0709 93 10

                  TR

                  145,6

                  ZZ

                  145,6

                  0805 50 10

                  AR

                  100,7

                  TR

                  95,7

                  ZA

                  109,5

                  ZZ

                  102,0

                  0808 10 80

                  AR

                  166,8

                  BR

                  108,4

                  CL

                  125,9

                  CN

                  71,8

                  NZ

                  134,1

                  US

                  209,8

                  ZA

                  120,3

                  ZZ

                  133,9

                  0809 10 00

                  IL

                  325,6

                  TR

                  183,3

                  ZZ

                  254,5

                  0809 29 00

                  IL

                  750,0

                  TR

                  459,9

                  US

                  811,3

                  ZZ

                  673,7

         (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) 2016/2345 of 14 December 2016 amending Regulation (EC) No 262/2009 and Implementing Regulation (EU) No 1079/2012 as regards references to ICAO provisions (Text with EEA relevance )

text:
               21.12.2016

               EN

               Official Journal of the European Union

               L 348/11

         COMMISSION IMPLEMENTING REGULATION (EU) 2016/2345
   of 14 December 2016
   amending Regulation (EC) No 262/2009 and Implementing Regulation (EU) No 1079/2012 as regards references to ICAO provisions
   (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 552/2004 of the European Parliament and of the Council of 10 March 2004 on the interoperability of the European Air Traffic Management network (1), and in particular Article 3(5) thereof,
   After consulting the Single Sky Committee Committee,
   Whereas:

               (1)

               Annex I to Commission Regulation (EC) No 262/2009 (2) refers to various provisions laid down in Volume III and Volume IV of Annex 10 to the Chicago Convention, and more specifically to Volume III, First Edition incorporating Amendment 79, and Volume IV, Third Edition incorporating Amendment 77. Since the adoption of Regulation (EC) No 262/2009, the ICAO has amended a number of provisions of Annex 10 to the Chicago Convention, most recently Volume III, Second Edition incorporating Amendment No 90, and Volume IV, Fifth Edition incorporating Amendment 89. The references in Regulation (EC) No 262/2009 to Annex 10 to the Chicago Convention should therefore be updated in order to enable the Member States to meet their international legal obligations and ensure consistency with the ICAO's international regulatory framework.

               (2)

               Annex II to Commission Implementing Regulation (EU) No 1079/2012 (3) refers to various provisions laid down in Volume III of Annex 10 to the Chicago Convention, and more specifically to Volume III, Second Edition incorporating Amendment 85. Since the adoption of Implementing Regulation (EU) No 1079/2012, the ICAO has amended a number of provisions of Annex 10 to the Chicago Convention, most recently incorporating Amendment No 90 into Volume III, Second Edition. Annex II to Implementing Regulation (EU) No 1079/2012 also refers to provisions laid down in the ICAO PANS-ATM (Doc 4444), and more specifically to the 15th edition of 2007 incorporating Amendment 2. Since the adoption of Implementing Regulation (EU) No 1079/2012, the ICAO has amended a number of provisions of Doc 4444, most recently incorporating Amendment No 6. The references in Implementing Regulation (EU) No 1079/2012 to Annex 10 to the Chicago Convention and to Doc 4444 should therefore be updated in order to enable the Member States to meet their international legal obligations and ensure consistency with the ICAO's international regulatory framework.

               (3)

               Regulation (EC) No 262/2009 and Implementing Regulation (EU) No 1079/2012 should therefore be amended accordingly,

         HAS ADOPTED THIS REGULATION:
   Article 1
   The text of Annex I to Regulation (EC) No 262/2009 is replaced by the following:

         ‘International Civil Aviation Organisation provisions referred to in Article 3(1) and Annex III point 2

                  1.

                  Chapter 3 “Surveillance systems”, Section 3.1.2.5.2.1.2 “IC: Interrogator code” of ICAO Annex 10 “Aeronautical Telecommunications”, Volume IV “Surveillance and Collision Avoidance Systems” (Fifth Edition, July 2014, incorporating Amendment 89).

                  2.

                  Chapter 5 “SSR Mode S Air-Ground Data Link”, Section 5.2.9 “The data link capability report” of ICAO Annex 10 “Aeronautical Telecommunications”, Volume III “Communication Systems” (Second Edition, July 2007, incorporating Amendment 90)’.

   Article 2
   The text of Annex II to Implementing Regulation (EU) No 1079/2012 is replaced by the following:

         ‘ICAO provisions referred to in Articles 4 and 8

                  1.

                  Chapter 2 “Aeronautical Mobile Service”, Section 2.1 “Air-ground VHF communication system characteristics” and Section 2.2 “System characteristics of the ground installation” of Annex 10 to the Chicago Convention, Volume III, Part 2 (Second Edition — July 2007 incorporating Amendment No 90).

                  2.

                  Chapter 2 “Aeronautical Mobile Service”, Section 2.1 “Air-ground VHF communication system characteristics”, Section 2.3.1 “Transmitting function” and Section 2.3.2 “Receiving function” excluding Subsection 2.3.2.8 “VDL — Interference Immunity Performance” of Annex 10 to the Chicago Convention, Volume III, Part 2 (Second Edition — July 2007 incorporating Amendment No 90).

                  3.

                  Section 12.3.1.5 “8,33 kHz channel spacing” of ICAO PANS-ATM Doc. 4444 (15th Edition — 2007 incorporating Amendment No 6)’.

   Article 3
   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, 14 December 2016.

            For the Commission

            The President

         Jean-Claude JUNCKER

      (1)  OJ L 96, 31.3.2004, p. 26.

      (2)  Commission Regulation (EC) No 262/2009 of 30 March 2009 laying down requirements for the coordinated allocation and use of Mode S interrogator codes for the single European sky (OJ L 84, 31.3.2009, p. 20).

      (3)  Commission Implementing Regulation (EU) No 1079/2012 of 16 November 2012 laying down requirements for voice channels spacing for the single European sky (OJ L 320, 17.11.2012, p. 14).


title: Commission Implementing Regulation (EU) No 186/2012 of 7 March 2012 entering a name in the register of protected designations of origin and protected geographical indications [Schwäbische Spätzle / Schwäbische Knöpfle (PGI)]

text:
               8.3.2012

               EN

               Official Journal of the European Union

               L 69/3

         COMMISSION IMPLEMENTING REGULATION (EU) No 186/2012
   of 7 March 2012
   entering a name in the register of protected designations of origin and protected geographical indications [Schwäbische Spätzle / Schwäbische Knöpfle (PGI)]
   THE EUROPEAN COMMISSION,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to Council Regulation (EC) No 510/2006 of 20 March 2006 on the protection of geographical indications and designations of origin for agricultural products and foodstuffs (1), and in particular the first subparagraph of Article 7(4) thereof,
   Whereas:

               (1)

               Pursuant to the first subparagraph of Article 6(2) of Regulation (EC) No 510/2006, Germany's application to register the name ‘Schwäbische Spätzle / Schwäbische Knöpfle’ was published in the Official Journal of the European Union
                   (2).

               (2)

               As no statement of objection under Article 7 of Regulation (EC) No 510/2006 has been received by the Commission, that name should therefore be entered in the register,

         HAS ADOPTED THIS REGULATION:
   Article 1
   The name contained in the Annex to this Regulation is hereby entered in the register.
   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, 7 March 2012.

            For the Commission, On behalf of the President,
         Dacian CIOLOȘ

            Member of the Commission

      (1)  OJ L 93, 31.3.2006, p. 12.

      (2)  OJ C 191, 1.7.2011, p. 20.

      ANNEX
      Foodstuffs listed in Annex I to the Regulation:

         Class 2.7.   Pasta

      GERMANY
      Schwäbische Spätzle / Schwäbische Knöpfle (PGI)


title: Commission Implementing Regulation (EU) No 17/2012 of 11 January 2012 amending Council Regulation (EC) No 32/2000 as regards the extension of the tariff quotas of the Union for jute and coconut-fibre products

text:
               12.1.2012

               EN

               Official Journal of the European Union

               L 8/31

         COMMISSION IMPLEMENTING REGULATION (EU) No 17/2012
   of 11 January 2012
   amending Council Regulation (EC) No 32/2000 as regards the extension of the tariff quotas of the Union for jute and coconut-fibre products
   THE EUROPEAN COMMISSION,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to Council Regulation (EC) No 32/2000 of 17 December 1999 opening and providing for the administration of Community tariff quotas bound in GATT and certain other Community tariff quotas and establishing detailed rules for adjusting the quotas, and repealing Regulation (EC) No 1808/95 (1), and in particular the second indent of Article 9(1)(b) thereof,
   Whereas:

               (1)

               In accordance with the offer it made within the United Nations Conference on Trade and Development (Unctad) and alongside its scheme of generalised preferences (GSP), the Community introduced tariff preferences in 1971 for jute and coconut-fibre products originating in certain developing countries. Those preferences took the form of a gradual reduction of Common Customs Tariff duties and, from 1978 to 31 December 1994, the complete suspension of these duties.

               (2)

               Since the entry into force of the GSP scheme in 1995, the Community has, alongside the GATT, opened autonomous zero-duty Community tariff quotas for specific quantities of jute and coconut-fibre products. The tariff quotas opened for those products under Regulation (EC) No 32/2000 were extended until 31 December 2011 by Commission Regulation (EC) No 204/2009 (2).

               (3)

               As the GSP scheme has been extended until 31 December 2013 by Regulation (EU) No 512/2011 of the European Parliament and of the Council of 11 May 2011 amending Council Regulation (EC) No 732/2008 applying a scheme of generalised tariff preferences for the period from 1 January 2009 to 31 December 2011 (3), the tariff quota arrangement for jute and coconut-fibre products should also be extended until 31 December 2013.

               (4)

               Regulation (EC) No 32/2000 should therefore be amended accordingly.

               (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
   For order numbers 09.0107, 09.0109 and 09.0111, in the fifth column (‘Quota period’) of Annex III to Regulation (EC) No 32/2000, the words ‘from 1.1.2009 to 31.12.2009’, ‘from 1.1.2010 to 31.12.2010’ and ‘from 1.1.2011 to 31.12.2011’ are replaced by ‘from 1.1.2012 to 31.12.2012’ and ‘from 1.1.2013 to 31.12.2013’.
   Article 2
   This Regulation shall enter into force on the third day following its publication in the Official Journal of the European Union.
   It shall apply from 1 January 2012.

      This Regulation shall be binding in its entirety and directly applicable in all Member States.
      Done at Brussels, 11 January 2012.

            For the Commission

            The President

         José Manuel BARROSO

      (1)  OJ L 5, 8.1.2000, p. 1.

      (2)  OJ L 71, 17.3.2009, p. 13.

      (3)  OJ L 145, 31.5.2011, p. 28.


title: Commission Implementing Regulation (EU) No 353/2013 of 18 April 2013 amending Implementing Regulation (EU) No 543/2011 as regards the trigger levels for additional duties on cucumbers, cherries, other than sour, apricots, tomatoes, plums, peaches, including nectarines, and table grapes

text:
               19.4.2013

               EN

               Official Journal of the European Union

               L 109/1

         COMMISSION IMPLEMENTING REGULATION (EU) No 353/2013
   of 18 April 2013
   amending Implementing Regulation (EU) No 543/2011 as regards the trigger levels for additional duties on cucumbers, cherries, other than sour, apricots, tomatoes, plums, peaches, including nectarines, and table grapes
   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 143(b), in conjunction with Article 4 thereof,
   Whereas:

               (1)

               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) provides for the surveillance of the imports of the products listed in Annex XVIII thereto. That surveillance is to be carried out in accordance with the rules laid down in Article 308d of Commission Regulation (EEC) No 2454/93 of 2 July 1993 laying down provisions for the implementation of Council Regulation (EEC) No 2913/92 establishing the Community Customs Code (3).

               (2)

               For the purposes of Article 5(4) of the Agreement on Agriculture (4) concluded during the Uruguay Round of multilateral trade negotiations and in the light of the latest data available for 2010, 2011 and 2012, the trigger levels for additional duties on cucumbers and cherries, other than sour, should be amended with effect from 1 May 2013, whilst those on apricots, tomatoes, plums, peaches, including nectarines, and table grapes should be amended with effect from 1 June 2013.

               (3)

               Implementing Regulation (EU) No 543/2011 should therefore be amended accordingly.

               (4)

               Given the need to ensure that this measure applies as soon as possible after the updated data have been made available, this Regulation should enter into force on the day of its publication.

               (5)

               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
   Annex XVIII to Regulation (EU) No 543/2011 is replaced by the text set out 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, 18 April 2013.

            For the Commission

            The President

         José Manuel BARROSO

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

      (2)  OJ L 157, 15.6.2011, p. 1.

      (3)  OJ L 253, 11.10.1993, p. 1.

      (4)  OJ L 336, 23.12.1994, p. 22.

      ANNEX

            ‘ANNEX XVIII
            ADDITIONAL IMPORT DUTIES: TITLE IV, CHAPTER I, SECTION 2
            Without prejudice to the rules governing the interpretation of the Combined Nomenclature, the description of the products is deemed to be indicative only. The scope of the additional duties for the purposes of this Annex is determined by the scope of the CN codes as they stand at the time of the adoption of this Regulation.

                        Order number

                        CN code

                        Description of products

                        Period of application

                        Trigger level
                        (tonnes)

                        78.0015

                        0702 00 00

                        Tomatoes

                        From 1 October to 31 May

                        462 389

                        78.0020

                        From 1 June to 30 September

                        30 766

                        78.0065

                        0707 00 05

                        Cucumbers

                        From 1 May to 31 October

                        13 080

                        78.0075

                        From 1 November to 30 April

                        15 100

                        78.0085

                        0709 91 00

                        Artichokes

                        From 1 November to 30 June

                        37 475

                        78.0100

                        0709 93 10

                        Courgettes

                        From 1 January to 31 December

                        85 538

                        78.0110

                        0805 10 20

                        Oranges

                        From 1 December to 31 May

                        468 160

                        78.0120

                        0805 20 10

                        Clementines

                        From 1 November to end of February

                        86 205

                        78.0130

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

                        Mandarins (including tangerines and satsumas); wilkings and similar citrus hybrids

                        From 1 November to end of February

                        93 949

                        78.0155

                        0805 50 10

                        Lemons

                        From 1 June to 31 December

                        311 193

                        78.0160

                        From 1 January to 31 May

                        101 513

                        78.0170

                        0806 10 10

                        Table grapes

                        From 21 July to 20 November

                        124 303

                        78.0175

                        0808 10 80

                        Apples

                        From 1 January to 31 August

                        703 063

                        78.0180

                        From 1 September to 31 December

                        73 884

                        78.0220

                        0808 30 90

                        Pears

                        From 1 January to 30 April

                        225 388

                        78.0235

                        From 1 July to 31 December

                        33 797

                        78.0250

                        0809 10 00

                        Apricots

                        From 1 June to 31 July

                        4 930

                        78.0265

                        0809 21 00
                        0809 29 00

                        Cherries, other than sour cherries

                        From 21 May to 10 August

                        33 967

                        78.0270

                        0809 30

                        Peaches, including nectarines

                        From 11 June to 30 September

                        2 712

                        78.0280

                        0809 40 05

                        Plums

                        From 11 June to 30 September

                        10 441’


title: Commission Implementing Regulation (EU) No 1202/2012 of 13 December 2012 fixing the rates of the refunds applicable to eggs and egg yolks exported in the form of goods not covered by Annex I to the Treaty

text:
               14.12.2012

               EN

               Official Journal of the European Union

               L 342/40

         COMMISSION IMPLEMENTING REGULATION (EU) No 1202/2012
   of 13 December 2012
   fixing the rates of the refunds applicable to eggs and egg yolks 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)(s) and listed in Part XIX 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 V of Annex XX to that Regulation.

               (2)

               Commission Regulation (EU) No 578/2010 of 29 June 2010 on the implementation of 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 V 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)

               The currently applicable refunds have been fixed by Commission Implementing Regulation (EU) No 861/2012 (3). Since new refunds should be fixed, that Regulation should therefore be repealed.

               (6)

               In order to prevent divergence with the current market situation, to prevent market speculation and to ensure efficient management, this Regulation should enter into force on the day of its publication in the Official Journal of the European Union.

               (7)

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

         HAS ADOPTED THIS REGULATION:
   Article 1
   The rates of the refunds applicable to the basic products listed in Annex I to Regulation (EU) No 578/2010 and in Part XIX of Annex I to Regulation (EC) No 1234/2007, and exported in the form of goods listed in Part V 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 861/2012 is hereby repealed.
   Article 3
   This Regulation shall enter into force on the day of its publication in the Official Journal of the European Union.

      This Regulation shall be binding in its entirety and directly applicable in all Member States.
      Done at Brussels, 13 December 2012.

            For the Commission, On behalf of the President,

         Daniel CALLEJA

            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 255, 21.9.2012, p. 27.

      ANNEX

         Rates of the refunds applicable from 14 December 2012 to eggs and egg yolks exported in the form of goods not covered by Annex I to the Treaty

                  (EUR/100 kg)

                  CN code

                  Description

                  Destination (1)

                  Rate of refund

                  0407

                  Birds’ eggs, in shell, fresh, preserved or cooked:

                  – Other fresh eggs

                  0407 21 00

                  – – Of fowls of the species Gallus domesticus

                              (a)

                              On exportation of ovalbumin of CN codes 3502 11 90 and 3502 19 90

                  02

                  0,00

                  03

                  0,00

                  04

                  0,00

                              (b)

                              On exportation of other goods

                  01

                  0,00

                  0407 29

                  – – Other

                  0407 29 10

                  – – – Of poultry, other than of fowls of the species Gallus domesticus

                              (a)

                              On exportation of ovalbumin of CN codes 3502 11 90 and 3502 19 90

                  02

                  0,00

                  03

                  0,00

                  04

                  0,00

                              (b)

                              On exportation of other goods

                  01

                  0,00

                  0407 90

                  – Other:

                  0407 90 10

                  – – Of poultry

                              (a)

                              On exportation of ovalbumin of CN codes 3502 11 90 and 3502 19 90

                  02

                  0,00

                  03

                  0,00

                  04

                  0,00

                              (b)

                              On exportation of other goods

                  01

                  0,00

                  0408

                  Birds’ eggs, not in shell and egg yolks, fresh, dried, cooked by steaming or by boiling in water, moulded, frozen or otherwise preserved, whether or not containing added sugar or other sweetening matter:

                  – Egg yolks:

                  0408 11

                  – – Dried:

                  ex 0408 11 80

                  – – – Suitable for human consumption:

                  not sweetened

                  01

                  0,00

                  0408 19

                  – – Other:

                  – – – Suitable for human consumption:

                  ex 0408 19 81

                  – – – – Liquid:

                  not sweetened

                  01

                  0,00

                  ex 0408 19 89

                  – – – – Frozen:

                  not sweetened

                  01

                  0,00

                  – Other:

                  0408 91

                  – – Dried:

                  ex 0408 91 80

                  – – – Suitable for human consumption:

                  not sweetened

                  01

                  0,00

                  0408 99

                  – – Other:

                  ex 0408 99 80

                  – – – Suitable for human consumption:

                  not sweetened

                  01

                  0,00

         (1)  The destinations are as follows:

                  01

                  Third countries. For Switzerland and Liechtenstein these rates are not applicable to the goods listed in Tables I and II of Protocol No 2 to the Agreement between the European Community and the Swiss Confederation of 22 July 1972.

                  02

                  Kuwait, Bahrain, Oman, Qatar, United Arab Emirates, Yemen, Turkey, Hong Kong SAR and Russia.

                  03

                  South Korea, Japan, Malaysia, Thailand, Taiwan and the Philippines.

                  04

                  All destinations except Switzerland and those of 02 and 03.


title: COMMISSION IMPLEMENTING REGULATION (EU) …/... amending Implementing Regulation (EU) No 615/2014 laying down detailed rules for the application of Regulation (EU) No 1306/2013 of the European Parliament and of the Council and Regulation (EU) No 1308/2013 of the European Parliament and of the Council in respect of work programmes to support the olive oil and table olives sectors

text:
               COMMISSION IMPLEMENTING REGULATION (EU) …/...

               of 9.8.2017

               amending Implementing Regulation (EU) No 615/2014 laying down detailed rules for the application of Regulation (EU) No 1306/2013 of the European Parliament and of the Council and Regulation (EU) No 1308/2013 of the European Parliament and of the Council in respect of work programmes to support the olive oil and table olives sectors

               THE EUROPEAN COMMISSION,

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

               Having regard to Regulation (EU) No 1306/2013 of the European Parliament and of the Council of 17 December 2013 on the financing, management and monitoring of the common agricultural policy and repealing Council Regulations (EEC) No 352/78, (EC) No 165/94, (EC) No 2799/98, (EC) No 814/2000, (EC) No 1290/2005 and (EC) No 485/2008
                  1
               , and in particular, Articles 57(2), 58(4), 62(2) and 66(4) thereof,

               Having regard to Regulation (EU) No 1308/2013 of the European Parliament and of the Council of 17 December 2013 establishing a common organisation of the markets in agricultural products and repealing Council Regulations (EEC) No 922/72, (EEC) No 234/79, (EC) No 1037/2001 and (EC) No 1234/2007
                  2
               , and in particular Article 31 thereof,

               Whereas:

               (1)In the light of the experience gained during the implementation of the three-year work programmes that started on 1 April 2015, certain provisions of Commission Implementing Regulation (EU) No 615/2014
                  3
                should be simplified or clarified. At the same time, it is appropriate to further limit the administrative burden for operators and the national administrations.

               (2)As the year of implementation of the work programmes starts on 1 April, in the context of amendments to approved work programmes in the event of a merger of beneficiary organisations, the separate work programmes of the merging beneficiary organisations should be operated in parallel until the start of the year of implementation that follows the year of implementation in which the merger occurred. In the same context, certain conditions to accept amendments to work programme measures should be adapted to make clear that the budget allocated to the area concerned remains stable.

               (3)In order to better match the applications for advance payment to the liquidity of the beneficiary, Member States should have the possibility to allow beneficiary organisations to submit applications for advance payments during the implementation of the three-year work programme.

               (4)A minimum amount for the security to be lodged when submitting an application for approval of a work programme should be laid down in order to ensure the implementation of the approved work programme. The rules on releasing the security related to advances before the end of each year of implementation of the work programme should be more flexible and aligned with the rules relating to the payment of EU funding.

               (5)Taking into account that the main objective of having strict deadlines for submitting a payment application is to respect the annual budget life-cycle, Member States should have more flexibility when fixing the deadline to lodge an application for payment as long as payments are made by the Member States by 15 October of the calendar year in which the year of implementation of the work programme ends.

               (6)To prevent liquidity difficulties, a system of partial payments during each year of implementation of the work programme should be provided for the reimbursement of expenditure already incurred.

               (7)For the sake of simplification, it should be possible to carry out the verification of the compliance with the conditions for the recognition of beneficiaries on the basis of documents only.

               (8)Finally, some dates for notifying the Commission of certain information and cross-references between certain provisions of Implementing Regulation (EU) No 615/2014 should be expressed in a clearer way.

               (9)Implementing Regulation (EU) No 615/2014 should therefore be amended accordingly.

               (10)Work programmes approved before 1 April 2018 should continue to be governed by the provisions of Implementing Regulation (EU) No 615/2014 applicable at the time of their approval until those programmes come to an end.

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

               HAS ADOPTED THIS REGULATION:

               Article 1

               Implementing Regulation (EU) No 615/2014 is amended as follows:

               (1)Article 2 is amended as follows:

               (a)in paragraph 3, the first subparagraph is replaced by the following:

               'In the event of a merger, beneficiary organisations that were previously carrying out separate work programmes shall operate the separate programmes in parallel until 31 March of the year following the merger.';

               (b)in paragraph 6, points (c) and (d) are replaced by the following:

               '(c)the budget allocated to the area concerned as referred to in Article 3(1) of Delegated Regulation (EU) No 611/2014 remains stable;

               (d)the transfer of budget from the measure in question to other measures in the area concerned does not exceed EUR 40 000.';

               (2)Articles 3 and 4 are replaced by the following:

               'Article 3

               Advance payments

               1. A beneficiary organisation may submit applications for advance payments by dates to be laid down by the Member State.

               2. The total advances paid for a given year of implementation of a work programme may not exceed 90 % of the initially approved amount of aid for that work programme.

               3. Member State may set a minimum amount for advances and the deadlines for the payment of advances.

               Article 4

               Securities to be lodged

               1. The security referred to in Article 7(3)(g) of Delegated Regulation (EU) No 611/2014 shall be at least 10 % of the Union financing applied for.

               2. Advances referred to in Article 3 shall be paid subject to the lodging of a security in accordance with Chapter IV of Commission Delegated Regulation (EU) No 907/2014*. The amount of the security shall be equal to 110 % of the advance.

               3. Before a date to be stipulated by the Member State and at the latest before the end of each year of implementation of the work programme, beneficiary organisations may lodge with the Member State concerned a request for the release of the security referred to in paragraph 2. In addition to the documents referred to in Article 5(2)(b) and (c), the request shall be accompanied by a detailed description of the stages of the work programme that have been implemented, broken down by areas and measures as detailed in Article 3 of Delegated Regulation (EU) No 611/2014. The Member State shall check those documents and release the security corresponding to the expenditure concerned no later than in the course of the second month following that in which the application is lodged.

               ----------------------

               * Commission Delegated Regulation (EU) No 907/2014 of 11 March 2014 supplementing Regulation (EU) No 1306/2013 of the European Parliament and of the Council with regard to paying agencies and other bodies, financial management, clearance of accounts, securities and use of euro (OJ L 255, 28.8.2014, p. 18).';

               (3)Article 5 is amended as follows:

               (a)paragraph 1 is replaced by the following:

               '1.
                     For the purposes of payment of EU financing under Article 29(2) of Regulation (EU) No 1308/2013, a beneficiary organisation shall lodge an application for financing with the paying agency of the Member State in the calendar year in which the year of implementation of the work programme ends and at the latest by a date to be determined by the Member State allowing to comply with paragraph 5.

               The paying agency of the Member State may pay beneficiary organisations the balance of EU financing corresponding to each year of implementation of the work programme after checking, on the basis of the annual report referred to in Article 9 or the inspection report referred to in Article 7, that the measures corresponding to each instalment of the advance referred to in Article 3 have actually been carried out.';

               (b)in paragraph 5, the first sentence is replaced by the following:

               'No later than 15 October of the calendar year in which the year of implementation of the work programme ends and once it has carried out the examination of the supporting documents and the checks referred to in Article 6, the Member State shall pay the EU financing that is due and, as appropriate, release the security referred to in Article 4(2).';

               (4)The following Article 5a is inserted:

               'Article 5a

               Partial payments

               1.
                     Member States may permit beneficiary organisations to apply for the payment of the part of the aid corresponding to the amounts already spent under the work programme.

               2.
                     The applications referred to in paragraph 1 may be submitted at any time, but no more than twice each year of implementation of the work programme. In addition to the documents referred to in Article 5(2)(b) and (c), applications shall be accompanied by a detailed description of the stages of the work programme that have been implemented, broken down by areas and measures as detailed in Article 3 of Delegated Regulation (EU) No 611/2014.

               3.
                     Payments in respect of the applications referred to in paragraph 1 shall not exceed 80 % of the part of the aid corresponding to the amounts already spent under the work programme for the period concerned. Member States may set a minimum amount for partial payments and deadlines for the submission of applications.';

               (5)In Article 6, the following paragraph 6 is added:

               '6.
                     Member States may carry out the verification of the compliance with the conditions for the recognition of beneficiaries as referred to in paragraph 1(a) on the basis of documents only.'

               (6)Article 10 is amended as follows:

               (a) paragraph 1 is amended as follows:

               (i)the introductory phrase is replaced by the following:

               'At the latest by 31 January before the start of the new three-year work programme, the competent authorities shall notify the Commission of the national measures implementing this Regulation, and in particular those relating to:';

               (ii)points (c) and (d) are replaced by the following:

               '(c)the minimum allocation of Union funding to specific areas referred to in Article 5 of Delegated Regulation (EU) No 611/2014, the goals and priorities of the olive sector referred to in Article 6(1)(a) of that Delegated Regulation and the quantitative and qualitative indicators referred to in Article 7(3)(f) of that Delegated Regulation;

               (d)the dates referred to in Articles 5(1) and 5a(3) of this Regulation;';

               (b)in paragraph 3, the introductory phrase is replaced by the following:

               'No later than 20 October following each year of implementation of the work programme, the competent authorities shall transmit to the Commission a report on the implementation of this Regulation comprising at least the following information:'.

               Article 2

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

               It shall apply to work programmes that will start from 1 April 2018 and their approval processes.

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

               Done at Brussels, 9.8.2017

                     For the Commission

                     The President
                     Jean-Claude JUNCKER

                     (1)
                  OJ L 347, 20.12.2013, p. 549.

                     (2)

                     OJ L 347, 20.12.2013, p. 671

                  .

                     (3)
                  Commission Implementing Regulation (EU) No 615/2014 of 6 June 2014 laying down detailed rules for the application of Regulation (EU) No 1306/2013 of the European Parliament and of the Council and Regulation (EU) No 1308/2013 of the European Parliament and of the Council in respect of work programmes to support the olive oil and table olives sectors (

                     OJ L 168, 7.6.2014, p.

                  95).


title: COMMISSION IMPLEMENTING REGULATION (EU) …/... amending Implementing Regulation (EU) 2016/1240 as regards the disposal of intervention stocks for the scheme for food distribution to the most deprived

text:
               COMMISSION IMPLEMENTING REGULATION (EU) …/...

               of 16.8.2017

               amending Implementing Regulation (EU) 2016/1240 as regards the disposal of intervention stocks for the scheme for food distribution to the most deprived

               THE EUROPEAN COMMISSION,

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

               Having regard to Regulation (EU) No 1308/2013 of the European Parliament and of the Council of 17 December 2013 establishing a common organisation of the markets in agricultural products and repealing Council Regulations (EEC) No 922/72, (EEC) No 234/79, (EC) No 1037/2001 and (EC) No 1234/2007
                  1
               , and in particular Article 20(i) thereof,

               Whereas:

               (1)In accordance with Article 16(2) of Regulation (EU) No 1308/2013, products bought in under public intervention ("intervention products") may be disposed of by making them available for the scheme for food distribution to the most deprived in the Union ("the scheme") as set out in the relevant Union legal acts.

               (2)Article 23(4) of Regulation (EU) No 223/2014 of the European Parliament and of the Council
                  2
                provides that food to be distributed to the most deprived persons in the Union may be obtained from the use, processing or sale of intervention products, provided that this is economically the most favourable option and does not unduly delay the delivery of the food products.

               (3)Although Commission Delegated Regulation (EU) 2016/1238
                  3
                contains provisions in respect of lodging a security for submitting an offer or a tender for the disposal of intervention products under the scheme, Commission Implementing Regulation (EU) 2016/1240
                  4
                does not contain detailed rules on procedures relating to products made available for the scheme.

               (4)When there are intervention products and prevailing market conditions allow for the disposal of such products, the Commission should have the possibility to decide to make those products available for the scheme. For that purpose, the Commission should fix the quantity to be made available and Member States that wish to receive a part of the quantity made available should submit a request.

               (5)Where the total quantity requested exceeds the total available quantity, the products should be allocated in proportion to the quantities requested. Subsequently, the distribution of the available lots among the Member States should be made in accordance with criteria to be defined by the Commission in relation to the location of the products.

               (6)Since intervention products may be of a different nature and may have different characteristics, the most appropriate and efficient way of disposal for the purposes of the scheme can be different. It is therefore necessary to lay down the relevant procedural rules, including certain deadlines.

               (7)Apart from the use or processing of intervention products, the sale through tenders organised by Member States that have been allocated a part of the quantity made available for the scheme is a possible efficient option. Specific rules on the sale through such tenders should be laid down. In order to avoid the risk of disturbing the relevant markets when selling through tenders, it is appropriate to fix a minimum price below which no offers can be accepted.

               (8)Implementing Regulation (EU) 2016/1240 should therefore be amended accordingly.

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

               HAS ADOPTED THIS REGULATION:

               Article 1

               Implementing Regulation (EU) 2016/1240 is amended as follows:

               (1)In Title II, the following Chapter IV is added:

               "Chapter IV

               Disposal of products from intervention for the scheme for food distribution to the most deprived in the Union

               Article 38a

               Making products from intervention available for the scheme

               1.The Commission may, by way of an Implementing Regulation adopted in accordance with the procedure referred to in Article 229(2) of Regulation (EU) No 1308/2013, make intervention products available for the scheme for food distribution to the most deprived in the Union referred to in Article 16(2) of that Regulation ("the scheme").

               2.The Implementing Regulation referred to in paragraph 1 shall contain, in particular, the following information:

               (a)the type and quantity of the products that are made available for the scheme;

               (b)the location of the products made available for the scheme and the criteria for the distribution of the available lots among the Member States concerned on the basis of their location;

               (c)the way in which the products are to be disposed of in accordance with the second subparagraph of Article 23(4) of Regulation (EU) No 223/2014 of the European Parliament and of the Council* (direct use, processing or sale) in order to make them available for the scheme in a way that is economically the most favourable option taking into account the nature and characteristics of the products;

               (d)where the products are to be sold in accordance with Article 38b of this Regulation, the level of the security to be lodged in accordance with Article 4(a) of Delegated Regulation (EU) 2016/1238 and the price below which the products shall not be sold.

               3.Member States interested to be allocated part or all of the quantity referred to in point (a) of paragraph 2 shall submit a request to the Commission within 10 working days after the publication of the Implementing Regulation referred to in paragraph 1. That request shall specify the type and the quantity (expressed in tonnes) of the product requested. The quantity requested by a Member State shall not exceed the quantity referred to in point (a) of paragraph 2.

               4.Within 20 working days after the publication of the Implementing Regulation referred to in paragraph 1, the Commission shall adopt an Implementing Regulation without applying the procedure referred to in Article 229(2) or (3) of Regulation (EU) No 1308/2013 by which it:

               (a)allocates a quantity to each Member State that submitted a request;

               (b) specifies the location of the available lots as distributed to the Member States concerned in accordance with the criteria referred to in point (b) of paragraph 2.

               For the purposes of point (a) of the first subparagraph, where the total quantity requested by Member States exceeds the quantity referred to in point (a) of paragraph 2, a quantity shall be allocated to the Member States concerned in proportion to the quantity requested by them.

               5. Where the quantity allocated to a Member State is 50% lower than the quantity requested, the Member State may renounce the quantity allocated to it by informing the Commission of its decision within 10 working days after the publication of the Implementing Regulation by which the products were allocated. Those products shall no longer be available for the scheme under that specific Implementing Regulation.

               Article 38b

               Sale of intervention products made available for the scheme

               1.Where the Implementing Regulation referred to in Article 38a(1) provides that the products made available for the scheme have to be disposed of by sale, paragraphs 2 to 7 of this Article shall apply.

               2.The paying agency of the Member State that has been allocated products in accordance with Article 38a(4) shall, within 40 working days after the publication of the Implementing Regulation by which the products were allocated, open a tendering procedure for the sale of the products.

               Where a Member State has been allocated products held by the paying agency of another Member State, the paying agency holding the products shall provide to the paying agency selling the products the information referred to in Article 29(2)(d) to (g) within 10 working days after the publication of the Implementing Regulation by which the products were allocated.

               3.Where the paying agency of a Member State that has been allocated products held by the paying agency of another Member State sells all or part of those products, the paying agency selling the products shall pay the paying agency holding them at the accounting value referred to in Article 16(2) of Regulation (EU) No 1308/2013. That payment shall be made within 4 working days after the receipt of the payment from an operator of the amount corresponding to his tender. The paying agency holding the products shall issue the removal order referred to in Article 37 of this Regulation within 5 working days after the receipt of the payment from the paying agency selling the products.

               4.The paying agency selling the products shall, within 10 working days after the receipt of the payment from an operator of the amount corresponding to his tender, transfer the difference between the selling price and the accounting value of the products, multiplied by the quantity sold, to the body to which payments are made by the Commission under Regulation (EU) No 223/2014. That transferred amount shall be used to finance the purchase and distribution of food for the most deprived in addition to the resources already available in the operational programme.

               5.Any administrative costs related to the sale of the products shall be borne by the paying agency selling the products.

               6.Chapter II of Delegated Regulation (EU) 2016/1238 and Chapter III of Title II of this Regulation, with the exception of Article 28(2), Article 29(2) (b), Article 30(1)(a) and (e), Article 31, 32(2), the second subparagraph of Article 33(2) and Article 36 of this Regulation, shall apply to a tendering procedure opened by a paying agency in accordance with paragraph 2 of this Article. Articles 32(1) and 33(3) shall apply mutatis mutandis to a respective decision of a Member State. For the purposes of Article 30(1)(g), the amount of the security provided for in the Implementing Regulation opening the sale shall be understood as the amount of the security provided for in the Implementing Regulation referred to in Article 38a(1).

               7.Where all or part of the products allocated to a Member State have not been sold within 5 months after the publication of the Implementing Regulation by which the products were allocated, those products shall no longer be available under that specific Implementing Regulation.

               ---------------

                  * Regulation (EU) No 223/2014 of the European Parliament and of the Council of 11 March 2014 on the Fund for European Aid to the Most Deprived (OJ L 72, 12.3.2014, p. 1)."

               (2)In article 65(1)(d), point (ii) is replaced by the following:

               "(ii) information relating to disposals for the scheme for food distribution to the most deprived, including the amount concerned (the difference between the selling price and the accounting value) and the moment at which that amount is transferred to the body to which payments are made by the Commission under Regulation (EU) No 223/2014 in accordance with Article 38b (4) of this Regulation."

               Article 2

               This Regulation shall enter into force on the seventh 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, 16.8.2017

                     For the Commission

                     The President
                     Jean-Claude JUNCKER

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

                     (2)
                  Regulation (EU) No 223/2014 of the European Parliament and of the Council of 11 March 2014 on the Fund for European Aid to the Most Deprived (OJ L 72, 12.3.2014, p. 1).

                     (3)
                  Commission Delegated Regulation (EU) 2016/1238 of 18 May 2016 supplementing Regulation (EU) No 1308/2013 of the European Parliament and of the Council with regard to public intervention and aid for private storage (OJ L 206, 30.7.2016, p. 15).

                     (4)
                  Commission Implementing Regulation (EU) 2016/1240 of 18 May 2016 laying down rules for the application of Regulation (EU) No 1308/2013 of the European Parliament and of the Council with regard to public intervention and aid for private storage (OJ L 206, 30.7.2016, p. 71).