title: Commission Implementing Regulation (EU) No 925/2013 of 25 September 2013 amending Annex I to Regulation (EC) No 669/2009 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  Text with EEA relevance

text:
               26.9.2013

               EN

               Official Journal of the European Union

               L 254/12

         COMMISSION IMPLEMENTING REGULATION (EU) No 925/2013
   of 25 September 2013
   amending Annex I to Regulation (EC) No 669/2009 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
   (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 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 (1), and in particular Article 15(5) thereof,
   Whereas:

               (1)

               Commission Regulation (EC) No 669/2009 (2) lays down rules concerning the increased level of official controls to be carried out on imports of feed and food of non-animal origin listed in Annex I thereto (‘the list’), at the points of entry into the territories referred to in Annex I to Regulation (EC) No 882/2004.

               (2)

               Article 2 of Regulation (EC) No 669/2009 provides that the list is to be reviewed on a regular basis, and at least quarterly, taking into account at least the sources of information referred to in that Article.

               (3)

               The occurrence and relevance of food incidents notified through the Rapid Alert System for Food and Feed, the findings of missions to third countries carried out by the Food and Veterinary Office, as well as the quarterly reports on consignments of feed and food of non-animal origin submitted by Member States to the Commission in accordance with Article 15 of Regulation (EC) No 669/2009 indicate that the list should be amended.

               (4)

               In particular, the list should be amended by deleting the entries for commodities for which the available information indicates an overall satisfactory degree of compliance with the relevant safety requirements provided for in Union legislation and for which an increased level of official controls is therefore no longer justified. The entries in the list concerning watermelon from Brazil and tomatoes from Turkey should therefore be deleted.

               (5)

               In order to ensure consistency and clarity, it is appropriate to replace Annex I to Regulation (EC) No 669/2009 by the text set out in the Annex to this Regulation.

               (6)

               Regulation (EC) No 669/2009 should therefore be amended accordingly.

               (7)

               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
   Annex I to Regulation (EC) No 669/2009 is replaced by the text set out in the Annex to this Regulation.
   Article 2
   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 October 2013.

      This Regulation shall be binding in its entirety and directly applicable in all Member States.
      Done at Brussels, 25 September 2013.

            For the Commission

            The President

         José Manuel BARROSO

      (1)  OJ L 165, 30.4.2004, p. 1.

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

      ANNEX

            ‘ANNEX I

               Feed and food of non-animal origin subject to an increased level of official controls at the designated point of entry

                        Feed and food
                        (intended use)

                        CN code (1)

                        TARIC sub-division

                        Country of origin

                        Hazard

                        Frequency of physical and identity checks
                        (%)

                        Dried grapes (vine fruit)

                        0806 20

                        Afghanistan (AF)

                        Ochratoxin A

                        50

                           (Food)

                        Hazelnuts
                        (in shell or shelled)

                        0802 21 00;
                        0802 22 00

                        Azerbaijan (AZ)

                        Aflatoxins

                        10

                           (Feed and food)

                                    —

                                    Groundnuts
                                    (peanuts), in shell

                                    —

                                 1202 41 00

                        Brazil (BR)

                        Aflatoxins

                        10

                                    —

                                    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)

                        Strawberries (frozen)

                        0811 10

                        China (CN)

                        Norovirus and hepatitis A

                        5

                           (Food)

                           Brassica oleracea

                        (other edible Brassica, “Chinese Broccoli”) (2)

                        ex 0704 90 90

                        40

                        China (CN)

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

                        20

                           (Food — fresh or chilled)

                        Dried Noodles

                        ex 1902 11 00;
                        ex 1902 19 10;
                        ex 1902 19 90;
                        ex 1902 20 10;
                        ex 1902 20 30;
                        ex 1902 20 91;
                        ex 1902 20 99;
                        ex 1902 30 10;
                        ex 1902 30 10

                        10
                        10
                        10
                        10
                        10
                        10
                        10
                        10
                        91

                        China (CN)

                        Aluminium

                        10

                           (Food)

                        Pomelos

                        ex 0805 40 00

                        31; 39

                        China (CN)

                        Pesticide residues analysed with multi-residue methods based on GC-MS and LC-MS or with single-residue methods (4)

                        20

                           (Food — fresh)

                        Tea, whether or not flavoured

                        0902

                        China (CN)

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

                        10

                           (Food)

                                    —

                                    Aubergines

                                    —

                                    0709 30 00;
                                    ex 0710 80 95

                        72

                        Dominican Republic (DO)

                        Pesticide residues analysed with multi-residue methods based on GC-MS and LC-MS or with single-residue methods (6)

                        10

                                    —

                                    Bitter melon

                                       (Momordica charantia)

                                    —

                                    ex 0709 99 90;
                                    ex 0710 80 95

                        70
                        70

                           (Food — fresh, chilled or frozen vegetables)

                                    —

                                    Yardlong beans
                                    (Vigna unguiculata spp. sesquipedalis)

                                    —

                                    ex 0708 20 00;
                                    ex 0710 22 00

                        10
                        10

                        Dominican Republic (DO)

                        Pesticide residues analysed with multi-residue methods based on GC-MS and LC-MS or with single-residue methods (6)

                        20

                                    —

                                    Peppers (sweet and other than sweet)
                                    (Capsicum spp.)

                                    —

                                    0709 60 10;
                                    ex 0709 60 99

                        20

                           (Food — fresh, chilled or frozen vegetables)

                                    —

                                    0710 80 51;
                                    ex 0710 80 59

                        20

                                    —

                                    Oranges (fresh or dried)

                                    —

                                    0805 10 20;
                                    0805 10 80

                        Egypt (EG)

                        Pesticide residues analysed with multi-residue methods based on GC-MS and LC-MS or with single-residue methods (7)

                        10

                                    —

                                    Strawberries

                                    —

                                 0810 10 00

                           (Food fresh fruits)

                        Peppers (sweet and other than sweet)
                        (Capsicum spp.)

                        0709 60 10;
                        ex 0709 60 99;

                        20

                        Egypt (EG)

                        Pesticide residues analysed with multi-residue methods based on GC-MS and LC-MS or with single-residue methods (8)

                        10

                           (Food — fresh, chilled or frozen)

                        0710 80 51;
                        ex 0710 80 59

                        20

                                    —

                                       Capsicum annuum, whole

                                    —

                                 0904 21 10

                        India (IN)

                        Aflatoxins

                        10

                                    —

                                       Capsicum annuum,
                                    crushed or ground

                                    —

                                 ex 0904 22 00

                        10

                                    —

                                    Dried fruit of the genus Capsicum, whole, other than sweet peppers

                                       (Capsicum annuum)

                                    —

                                 0904 21 90

                                    —

                                    Curry (chilli products)

                                    —

                                 0910 91 05

                                    —

                                    Nutmeg

                                       (Myristica fragrans)

                                    —

                                    0908 11 00;
                                    0908 12 00

                                    —

                                    Mace

                                       (Myristica fragrans)

                                    —

                                    0908 21 00;
                                    0908 22 00

                                    —

                                    Ginger

                                       (Zingiber officinale)

                                    —

                                    0910 11 00;
                                    0910 12 00

                                    —

                                    Curcuma longa
                                    (turmeric)

                                    —

                                 0910 30 00

                           (Food — dried spices)

                                    —

                                    Nutmeg

                                       (Myristica fragrans)

                                    —

                                    0908 11 00;
                                    0908 12 00

                        Indonesia (ID)

                        Aflatoxins

                        20

                                    —

                                    Mace

                                       (Myristica fragrans)

                                    —

                                    0908 21 00;
                                    0908 22 00

                           (Food — dried spices)

                                    —

                                    Peas with pods
                                    (unshelled)

                                    —

                                 ex 0708 10 00

                        40

                        Kenya (KE)

                        Pesticide residues analysed with multi-residue methods based on GC-MS and LC-MS or with single-residue methods (9)

                        10

                                    —

                                    Beans with pods
                                    (unshelled)

                                    —

                                 ex 0708 20 00

                        40

                           (Food — fresh and chilled)

                        Mint

                        ex 1211 90 86

                        30

                        Morocco (MA)

                        Pesticide residues analysed with multi-residue methods based on GC-MS and LC-MS or with single-residue methods (10)

                        10

                           (Food — fresh herb)

                        Dried beans

                        0713 39 00

                        Nigeria (NG)

                        Pesticide residues analysed with multi-residue methods based on GC-MS and LC-MS or with single-residue methods (11)

                        50

                           (Food)

                        Watermelon (Egusi, Citrullus lanatus) seeds and derived products

                        ex 1207 70 00;
                        ex 1106 30 90;
                        ex 2008 99 99

                        10
                        30
                        50

                        Sierra Leone (SL)

                        Aflatoxins

                        50

                           (Food)

                        Peppers (other than sweet)
                        (Capsicum spp.)

                        ex 0709 60 99

                        20

                        Thailand (TH)

                        Pesticide residues analysed with multi-residue methods based on GC-MS and LC-MS or with single-residue methods (12)

                        10

                           (Food — fresh)

                                    —

                                    Coriander leaves

                                    —

                                 ex 0709 99 90

                        72

                        Thailand (TH)

                        Salmonella (13)

                        10

                                    —

                                    Basil (holy, sweet)

                                    —

                                 ex 1211 90 86

                        20

                                    —

                                    Mint

                                    —

                                 ex 1211 90 86

                        30

                           (Food — fresh herbs)

                                    —

                                    Coriander leaves

                                    —

                                 ex 0709 99 90

                        72

                        Thailand (TH)

                        Pesticide residues analysed with multi-residue methods based on GC-MS and LC-MS or with single-residue methods (14)

                        10

                                    —

                                    Basil (holy, sweet)

                                    —

                                 ex 1211 90 86

                        20

                           (Food — fresh herbs)

                        Brassica vegetables

                        0704;

                        Thailand (TH)

                        Pesticide residues analysed with multi-residue methods based on GC-MS and LC-MS or with single-residue methods (14)

                        10

                           (Food — fresh, chilled or frozen vegetables)

                        ex 0710 80 95

                        76

                                    —

                                    Yardlong beans
                                    (Vigna unguiculata spp. sesquipedalis)

                                    —

                                    ex 0708 20 00;
                                    ex 0710 22 00

                        10
                        10

                        Thailand (TH)

                        Pesticide residues analysed with multi-residue methods based on GC-MS and LC-MS or with single-residue methods (14)

                        20

                                    —

                                    Aubergines

                                    —

                                    0709 30 00;
                                    ex 0710 80 95

                        72

                           (Food — fresh, chilled or frozen vegetables)

                                    —

                                    Sweet Peppers

                                       (Capsicum annuum)

                                    —

                                    0709 60 10;
                                    0710 80 51

                        Turkey (TR)

                        Pesticide residues analysed with multi-residue methods based on GC-MS and LC-MS or with single-residue methods (15)

                        10

                           (Food — fresh, chilled or frozen vegetables)

                        Dried grapes (vine fruit)

                        0806 20

                        Uzbekistan (UZ)

                        Ochratoxin A

                        50

                           (Food)

                                    —

                                    Coriander leaves

                                    —

                                 ex 0709 99 90

                        72

                        Vietnam (VN)

                        Pesticide residues analysed with multi-residue methods based on GC-MS and LC-MS or with single-residue methods (16)

                        20

                                    —

                                    Basil (holy, sweet)

                                    —

                                 ex 1211 90 86

                        20

                                    —

                                    Mint

                                    —

                                 ex 1211 90 86

                        30

                                    —

                                    Parsley

                                    —

                                 ex 0709 99 90

                        40

                           (Food — fresh herbs)

                                    —

                                    Okra

                                    —

                                 ex 0709 99 90

                        20

                        Vietnam (VN)

                        Pesticide residues analysed with multi-residue methods based on GC-MS and LC-MS or with single-residue methods (16)

                        20

                                    —

                                    Peppers (other than sweet)
                                    (Capsicum spp.)

                                    —

                                 ex 0709 60 99

                        20

                           (Food — fresh)

         (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)  Species of Brassica oleracea L. convar. Botrytis (L) Alef var.Italica Plenck, cultivar alboglabra. Also know as “Kai Lan”, “Gai Lan”, “Gailan”, “Kailan”, “Chinese bare Jielan”.

         (3)  In particular residues of: Chlorfenapyr, Fipronil (sum fipronil + sulfone metabolite (MB46136) expressed as fipronil), Carbendazim and benomyl (sum of benomyl and carbendazim expressed as carbendazim), Acetamiprid, Dimethomorph and Propiconazole.

         (4)  In particular residues of: Triazophos, Triadimefon and Triadimenol (sum of triadimefon and triadimenol), Parathion-methyl (sum of Parathion-methyl and paraoxon-methyl expressed as Parathion-methyl), Phenthoate, Methidathion.

         (5)  In particular residues of: Buprofezin; Imidacloprid; Fenvalerate and Esfenvalerate (Sum of RS & SR isomers); Profenofos; Trifluralin; Triazophos; Triadimefon and Triadimenol (sum of triadimefon and triadimenol), Cypermethrin (cypermethrin including other mixtures of constituent isomers (sum of isomers)).

         (6)  In particular residues of: Amitraz (amitraz including the metabolites containing the 2,4 -dimethylaniline moiety expressed as amitraz), Acephate, Aldicarb (sum of aldicarb, its sulfoxide and its sulfone, expressed as aldicarb), Carbendazim and benomyl (sum of benomyl and carbendazim expressed as carbendazim), Chlorfenapyr, Chlorpyrifos, Dithiocarbamates (dithiocarbamates expressed as CS2, including maneb, mancozeb, metiram, propineb, thiram and ziram), Diafenthiuron, Diazinon, Dichlorvos, Dicofol (sum of p, p' and o,p' isomers), Dimethoate (sum of dimethoate and omethoate expressed as dimethoate), Endosulfan (sum of alpha- and beta-isomers and endosulfan-sulphate expresses as endosulfan), Fenamidone, Imidacloprid, Malathion (sum of malathion and malaoxon expressed as malathion), Methamidophos, Methiocarb (sum of methiocarb and methiocarb sulfoxide and sulfone, expressed as methiocarb), Methomyl and Thiodicarb (sum of methomyl and thiodicarb expressed as methomyl), Monocrotophos, Oxamyl, Profenofos, Propiconazole, Thiabendazole, Thiacloprid.

         (7)  In particular residues of: Carbendazim and benomyl (sum of benomyl and carbendazim expressed as carbendazim), Cyfluthrin (cyfluthrin including other mixtures of constituent isomers (sum of isomers)) Cyprodinil, Diazinon, Dimethoate (sum of dimethoate and omethoate expressed as dimethoate), Ethion, Fenitrothion, Fenpropathrin, Fludioxonil, Hexaflumuron, Lambda-cyhalothrin, Methiocarb (sum of methiocarb and methiocarb sulfoxide and sulfone, expressed as methiocarb), Methomyl and Thiodicarb (sum of methomyl and thiodicarb expressed as methomyl), Oxamyl, Phenthoate, Thiophanate-methyl.

         (8)  In particular residues of: Carbofuran (sum of carbofuran and 3-hydroxy-carbofuran expressed as carbofuran), Chlorpyrifos, Cypermethrin (cypermethrin including other mixtures of constituent isomers (sum of isomers)), Cyproconazole, Dicofol (sum of p, p' and o,p' isomers), Difenoconazole, Dinotefuran, Ethion, Flusilazole, Folpet, Prochloraz (sum of prochloraz and its metabolites containing the 2,4,6-Trichlorophenol moiety expressed as prochloraz), Profenofos, Propiconazole, Thiophanate-methyl and Triforine.

         (9)  In particular residues of: Dimethoate (sum of dimethoate and omethoate expressed as dimethoate), Chlorpyrifos, Acephate, Methamidophos, Methomyl and Thiodicarb (sum of methomyl and thiodicarb expressed as methomyl), Diafenthiuron, Indoxacarb as sum of the isomers S and R.

         (10)  In particular residues of: Chlorpyrifos, Cypermethrin (cypermethrin including other mixtures of constituent isomers (sum of isomers)), Dimethoate (sum of dimethoate and omethoate expressed as dimethoate), Endosulfan (sum of alpha- and beta-isomers and endosulfan-sulphate expresses as endosulfan), Hexaconazole, Parathion-methyl (sum of Parathion-methyl and paraoxon-methyl expressed as Parathion-methyl), Methomyl and Thiodicarb (sum of methomyl and thiodicarb expressed as methomyl), Flutriafol, Carbendazim and benomyl (sum of benomyl and carbendazim expressed as carbendazim), Flubendiamide, Myclobutanyl, Malathion (sum of malathion and malaoxon expressed as malathion).

         (11)  In particular residues of Dichlorvos.

         (12)  In particular residues of: Carbofuran (sum of carbofuran and 3-hydroxy-carbofuran expressed as carbofuran), Methomyl and Thiodicarb (sum of methomyl and thiodicarb expressed as methomyl), Dimethoate (sum of dimethoate and omethoate expressed as dimethoate), Triazophos, Malathion (sum of malathion and malaoxon expressed as malathion), Profenofos, Prothiofos, Ethion, Carbendazim and benomyl (sum of benomyl and carbendazim expressed as carbendazim), Triforine, Procymidone, Formetanate: Sum of formetanate and its salts expressed as formetanate(hydrochloride).

         (13)  Reference method EN/ISO 6579 or a method validated against it as referred to in Article 5 of Commission Regulation (EC) No 2073/2005 (OJ L 338, 22.12.2005, p. 1).

         (14)  In particular residues of: Acephate, Carbaryl, Carbendazim and benomyl (sum of benomyl and carbendazim expressed as carbendazim), Carbofuran (sum of carbofuran and 3-hydroxy-carbofuran expressed as carbofuran), Chlorpyrifos, Chlorpyrifos-methyl, Dimethoate (sum of dimethoate and omethoate expressed as dimethoate), Ethion, Malathion (sum of malathion and malaoxon expressed as malathion), Metalaxyl and metalaxyl-M (metalaxyl including other mixtures of constituent isomers including metalaxyl-M (sum of isomers)), Methamidophos, Methomyl and Thiodicarb (sum of methomyl and thiodicarb expressed as methomyl), Monocrotophos, Profenofos, Prothiofos, Quinalphos, Triadimefon and Triadimenol (sum of triadimefon and triadimenol), Triazophos, Dicrotophos, EPN, Triforine.

         (15)  In particular residues of: Methomyl and Thiodicarb (sum of methomyl and thiodicarb expressed as methomyl), Oxamyl, Carbendazim and benomyl (sum of benomyl and carbendazim expressed as carbendazim), Clofentezine, Diafenthiuron, Dimethoate (sum of dimethoate and omethoate expressed as dimethoate), Formetanate: Sum of formetanate and its salts expressed as formetanate(hydrochloride), Malathion (sum of malathion and malaoxon expressed as malathion), Procymidone, Tetradifon, Thiophanate-methyl.

         (16)  In particular residues of: Carbofuran (sum of carbofuran and 3-hydroxy-carbofuran expressed as carbofuran), Carbendazim and benomyl (sum of benomyl and carbendazim expressed as carbendazim), Chlorpyrifos, Profenofos, Permethrin (sum of isomers), Hexaconazole, Difenoconazole, Propiconazole, Fipronil (sum fipronil + sulfone metabolite (MB46136) expressed as fipronil), Propargite, Flusilazole, Phenthoate, Cypermethrin (cypermethrin including other mixtures of constituent isomers (sum of isomers)), Methomyl and Thiodicarb (sum of methomyl and thiodicarb expressed as methomyl), Quinalphos, Pencycuron, Methidathion, Dimethoate (sum of dimethoate and omethoate expressed as dimethoate), Fenbuconazole.’


title: Commission Implementing Regulation (EU) No 544/2013 of 14 June 2013 concerning the authorisation of a preparation of Bifidobacterium animalis ssp. animalis DSM 16284, Lactobacillus salivarius ssp. salivarius DSM 16351 and Enterococcus faecium DSM 21913 as a feed additive for chickens for fattening (holder of authorisation Biomin GmbH)  Text with EEA relevance

text:
               15.6.2013

               EN

               Official Journal of the European Union

               L 163/13

         COMMISSION IMPLEMENTING REGULATION (EU) No 544/2013
   of 14 June 2013
   concerning the authorisation of a preparation of Bifidobacterium animalis ssp. animalis DSM 16284, Lactobacillus salivarius ssp. salivarius DSM 16351 and Enterococcus faecium DSM 21913 as a feed additive for chickens for fattening (holder of authorisation Biomin GmbH)
   (Text with EEA relevance)
   THE EUROPEAN COMMISSION,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to Regulation (EC) No 1831/2003 of the European Parliament and of the Council of 22 September 2003 on additives for use in animal nutrition (1), and in particular Article 9(2) thereof,
   Whereas:

               (1)

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

               (2)

               In accordance with Article 7 of Regulation (EC) No 1831/2003, an application was submitted for the authorisation of a preparation of Bifidobacterium animalis ssp. animalis DSM 16284, Lactobacillus salivarius ssp. salivarius DSM 16351 and Enterococcus faecium DSM 21913. That application was accompanied by the particulars and documents required under Article 7(3) of Regulation (EC) No 1831/2003.

               (3)

               The application concerns the authorisation of a preparation of Bifidobacterium animalis ssp. animalis DSM 16284, Lactobacillus salivarius ssp. salivarius DSM 16351 and Enterococcus faecium DSM 21913 as a feed additive for chickens for fattening, to be classified in the additive category ‘zootechnical additives’.

               (4)

               The European Food Safety Authority (‘the Authority’) concluded in its opinion of 14 November 2012 (2) that, under the proposed conditions of use, the preparation of Bifidobacterium animalis ssp. animalis DSM 16284, Lactobacillus salivarius ssp. salivarius DSM 16351 and Enterococcus faecium DSM 21913 does not have an adverse effect on animal health, human health or the environment, and that it has the potential to improve the performance of chickens for fattening. The Authority does not consider that there is a need for specific requirements of post-market monitoring. It also verified the report on the method of analysis of the feed additive in feed submitted by the Reference Laboratory set up by Regulation (EC) No 1831/2003.

               (5)

               The assessment of the preparation of Bifidobacterium animalis ssp. animalis DSM 16284, Lactobacillus salivarius ssp. salivarius DSM 16351 and Enterococcus faecium DSM 21913 shows that the conditions for authorisation, as provided for in Article 5 of Regulation (EC) No 1831/2003, are satisfied. Accordingly, the use of this preparation should be authorised as specified in the Annex to this Regulation.

               (6)

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

         HAS ADOPTED THIS REGULATION:
   Article 1
   The preparation specified in the Annex, belonging to the additive category ‘zootechnical additives’ and to the functional group ‘gut flora stabilisers’, is authorised as an additive in animal nutrition subject to the conditions laid down in that Annex.
   Article 2
   This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.

      This Regulation shall be binding in its entirety and directly applicable in all Member States.
      Done at Brussels, 14 June 2013.

            For the Commission

            The President

         José Manuel BARROSO

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

      (2)  EFSA Journal 2012; 10(12):2965.

      ANNEX

                  Identification number of the additive

                  Name of the holder of authorisation

                  Additive

                  Composition, chemical formula, description, analytical method

                  Species or category of animal

                  Maximum age

                  Minimum content

                  Maximum content

                  Other provisions

                  End of period of authorisation

                  CFU (1)/kg of complete feedingstuff with a moisture content of 12 %

                     Category of zootechnical additives. Functional group: gut flora stabilisers

                  4b1890

                  Biomin GmbH

                     Bifidobacterium animalis ssp. animalis

                  DSM 16284, Lactobacillus salivarius ssp. salivarius DSM 16351 and Enterococcus faecium DSM 21913

                                 Additive composition

                              Preparation in form of a mixture of:

                                             Bifidobacterium animalis ssp. animalis DSM 16284 containing a minimum of 3 × 109 CFU/g additive

                                             Lactobacillus salivarius ssp. salivarius DSM 16351 containing a minimum of 1 × 109 CFU/g additive

                                             Enterococcus faecium DSM 21913 containing a minimum of 6 × 109 CFU/g additive

                                    Solid preparation (ratio 3:1:6)

                                 Characterisation of active substance

                              Viable cells of Bifidobacterium animalis ssp. animalis DSM 16284, Lactobacillus salivarius ssp. salivarius DSM 16351, and Enterococcus faecium DSM 21913

                                 Analytical methods
                                  (2)

                              For the enumeration of:

                                             Bifidobacterium animalis ssp. animalis DSM 16284: spread plate method EN 15785

                                             Lactobacillus salivarius ssp. salivarius DSM 16351: spread plate method EN 15787

                                             Enterococcus faecium DSM 21913 spread plate method EN 15788

                                    For the identification:
                              Pulsed Field Gel Electrophoresis (PFGE)

                  Chickens for fattening

                  —

                  1 × 108

                  1 × 109

                              1.

                              In the directions for use of the additive and premixture, indicate the storage temperature, storage life and stability to pelleting.

                              2.

                              The additive may be used with feed containing the following coccidiostats: maduramicin ammonium, diclazuril or robenidine hydrochloride.

                              3.

                              For safety: breathing protection, glasses and gloves shall be used during handling.

                  5 July 2023

         (1)  As total content of the mixture.

         (2)  Details of the analytical methods are available at the following address of the Reference Laboratory: http://irmm.jrc.ec.europa.eu/EURLs/EURL_feed_additives/Pages/index.aspx


title: Commission Implementing Regulation (EU) 2015/182 of 2 February 2015 repealing Implementing Regulation (EU) No 827/2011 concerning the classification of certain goods in the Combined Nomenclature

text:
               7.2.2015

               EN

               Official Journal of the European Union

               L 31/3

         COMMISSION IMPLEMENTING REGULATION (EU) 2015/182
   of 2 February 2015
   repealing Implementing Regulation (EU) No 827/2011 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)

               Commission Implementing Regulation (EU) No 827/2011 (2) classified blue polymethine dye (fluorescent dye) diluted in a mixture of the solvents ethylene glycol and methanol, used in automatic blood analysers for staining leukocytes by means of fluorescent marking after they have undergone a specific preparatory treatment, under heading 3212 of the Combined Nomenclature as dye and other colouring matter. Classification of the product under heading 3822 of the Combined Nomenclature was excluded on the grounds that colouring matter of heading 3204 put up for retail sale is classified under heading 3212.

               (2)

               In Case C-480/13 Sysmex Europe GmbH v Hauptzollamt Halburg-Hafen
                   (3), the Court of Justice of the European Union ruled that a product, composed of solvents and of a polymethine-based substance should be classified under heading 3822 of the Combined Nomenclature as laboratory reagents. The Court considered, based on the information submitted, that the use of that product as a colouring matter is no more than a purely theoretical possibility.

               (3)

               The product examined by the Court in case C-480/13 is identical to the product the classification of which is laid down in Implementing Regulation (EU) No 827/2011.

               (4)

               As a consequence, it is appropriate to repeal Implementing Regulation (EU) No 827/2011 in order to avoid potential divergences in tariff classification of blue polymethine dye (fluorescent dye) diluted in a mixture of the solvents ethylene glycol and methanol and to ensure the uniform application of the Combined Nomenclature within the Union.

               (5)

               Implementing Regulation (EU) No 827/2011 should therefore be repealed.

               (6)

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

         HAS ADOPTED THIS REGULATION:
   Article 1
   Implementing Regulation (EU) No 827/2011 is repealed.
   Article 2
   This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.

      This Regulation shall be binding in its entirety and directly applicable in all Member States.
      Done at Brussels, 2 February 2015.

            For the Commission,

            On behalf of the President,

         Heinz ZOUREK

            Director-General for Taxation and Customs Union

      (1)  OJ L 256, 7.9.1987, p. 1.

      (2)  Commission Implementing Regulation (EU) No 827/2011 of 12 August 2011 concerning the classification of certain goods in the Combined Nomenclature (OJ L 211, 18.8.2011, p. 9).

      (3)  Judgment of 17 July 2014, not yet published in the ECR, paragraphs 42, 44 and 45.


title: Council Implementing Regulation (EU) No 50/2013 of 22 January 2013 implementing Article 16(2) of Regulation (EU) No 204/2011 concerning restrictive measures in view of the situation in Libya

text:
               23.1.2013

               EN

               Official Journal of the European Union

               L 20/29

      COUNCIL IMPLEMENTING REGULATION (EU) No 50/2013
   of 22 January 2013
   implementing Article 16(2) of Regulation (EU) No 204/2011 concerning restrictive measures in view of the situation in Libya
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to Council Regulation (EU) No 204/2011 of 2 March 2011 concerning restrictive measures in view of the situation in Libya (1), and in particular Article 16(2) thereof,
   Whereas:

               (1)

               On 2 March 2011, the Council adopted Regulation (EU) No 204/2011.

               (2)

               The Council considers that there are no longer grounds for keeping one entity on the list set out in Annex III to Regulation (EU) No 204/2011.

               (3)

               The entry for one person should be removed from the list set out in Annex III to Regulation (EU) No 204/2011 and should be included in the list set out in Annex II to that Regulation.

               (4)

               The information relating to certain individuals listed in Annexes II and III of Regulation (EU) No 204/2011 should be updated.

               (5)

               Annexes II and III of Regulation (EU) No 204/2011 should therefore be amended accordingly,

         HAS ADOPTED THIS REGULATION:
   Article 1
   Annexes II and III to Regulation (EU) No 204/2011 shall be amended as set out in the Annex to this Regulation.
   Article 2
   This Regulation shall enter into force on the date 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, 22 January 2013.

            For the Council

            The President

         M. NOONAN

      (1)  OJ L 58, 3.3.2011, p. 1.

      ANNEX
      Annexes II and III to Regulation (EU) No 204/2011 are amended as follows:

                  (1)

                  In Annex II:

                              (a)

                              entries 1 to 6 and 8 to 12 are replaced by the following:

                                          "1.

                                          QADHAFI, Aisha Muammar
                                          Date of birth: 1978. Place of birth: Tripoli, Libya.
                                          Daughter of Muammar QADHAFI. Closeness of association with regime.
                                          Believed status/location: Algeria.
                                          Date of UN designation: 26.2.2011.

                                          2.

                                          QADHAFI, Hannibal Muammar
                                          Passport number: B/002210. Date of birth: 20.9.1975. Place of birth: Tripoli, Libya.
                                          Son of Muammar QADHAFI. Closeness of association with regime.
                                          Believed status/location: Algeria.
                                          Date of UN designation: 26.2.2011.

                                          3.

                                          QADHAFI, Khamis Muammar
                                          Date of birth: 1978. Place of birth: Tripoli, Libya.
                                          Son of Muammar QADHAFI. Closeness of association with regime. Command of military units involved in repression of demonstrations.
                                          Believed status/location: deceased.
                                          Date of UN designation: 26.2.2011.

                                          4.

                                          QADHAFI, Muammar Mohammed Abu Minyar
                                          Date of birth: 1942. Place of birth: Sirte, Libya.
                                          Leader of the Revolution, Supreme Commander of Armed Forces. Responsibility for ordering repression of demonstrations, human rights abuses.
                                          Believed status/location: deceased.
                                          Date of UN designation: 26.2.2011.

                                          5.

                                          QADHAFI, Mutassim
                                          Date of birth: 1976. Place of birth: Tripoli, Libya.
                                          National Security Adviser. Son of Muammar QADHAFI. Closeness of association with regime.
                                          Believed status/location: deceased.
                                          Date of UN designation: 26.2.2011.

                                          6.

                                          QADHAFI, Saif al-Islam
                                          Passport number: B014995. Date of birth: 25.6.1972. Place of birth: Tripoli, Libya.
                                          Director, Qadhafi Foundation. Son of Muammar QADHAFI. Closeness of association with regime. Inflammatory public statements encouraging violence against demonstrators.
                                          Believed status/location: in custody in Libya.
                                          Date of UN designation: 26.2.2011."

                                          "8.

                                          JABIR, Major General Abu Bakr Yunis
                                          Date of birth: 1952. Place of birth: Jalo, Libya.
                                          Defence Minister. Overall responsibility for actions of armed forces.
                                          Believed status/location: deceased.
                                          Date of UN designation: 26.2.2011.

                                          9.

                                          MATUQ, Matuq Mohammed
                                          Date of birth: 1956. Place of birth: Khoms, Libya.
                                          Secretary for Utilities. Senior member of regime. Involvement with Revolutionary Committees. Past history of involvement in suppression of dissent and violence.
                                          Believed status/location: Unknown, believed captured.
                                          Date of UN designation: 26.2.2011.

                                          10.

                                          QADHAFI, Mohammed Muammar
                                          Date of birth: 1970. Place of birth: Tripoli, Libya.
                                          Son of Muammar QADHAFI. Closeness of association with regime.
                                          Believed status/location: Algeria.
                                          Date of UN designation: 26.2.2011.

                                          11.

                                          QADHAFI, Saadi
                                          Passport number: a) 014797. b) 524521. Date of birth: a) 27.5.1973. b) 01.01.1975. Place of birth: Tripoli, Libya.
                                          Commander Special Forces. Son of Muammar QADHAFI. Closeness of association with regime. Command of military units involved in repression of demonstrations.
                                          Believed status/location: Niger.
                                          Date of UN designation: 26.2.2011.

                                          12.

                                          QADHAFI, Saif al-Arab
                                          Date of birth: 1982. Place of birth: Tripoli, Libya.
                                          Son of Muammar QADHAFI. Closeness of association with regime.
                                          Believed status/location: deceased.
                                          Date of UN designation: 26.2.2011.";

                              (b)

                              the following entry is added:

                                          "14.

                                          AL-BARASSI, Safia Farkash
                                          Date of birth: 1952. Place of birth: Al Bayda, Libya.
                                          Married to Muammar QADHAFI since 1970. Significant personal wealth, which could be used for regime purposes. Her sister Fatima FARKASH is married to ABDALLAH SANUSSI, head of Libyan military intelligence.
                                          Believed status/location: Algeria.
                                          Date of UN designation: 24.6.2011.".

                  (2)

                  In Annex III:

                              (a)

                              under "Persons", entries 6 and 26 are replaced by the following:

                                          Name

                                          Identifying information

                                          Reasons

                                          Date of listing

                                          6.

                                          AL-BAGHDADI, Dr Abdulqader Mohammed

                                          Head of the Liaison Office of the Revolutionary Committees.
                                          Passport number: B010574.
                                          Date of birth: 1.7.1950.
                                          Believed status/location: jail in Tunisia.

                                          Revolutionary Committees involved in violence against demonstrators.

                                          28.2.2011

                                          26.

                                          AL KUNI, Colonel Amid Husain

                                          Believed status/location: South Libya

                                          Governor of Ghat (South Libya). Directly involved in recruiting mercenaries.

                                          12.4.2011

                              (b)

                              under "Persons", entry 10 (AL-BARASSI, Safia Farkash) is deleted;

                              (c)

                              under "Entities", entry 50 (Organisation for Development of Administrative Centres (ODAC)) is deleted.


title: Commission Implementing Regulation (EU) No 373/2014 of 11 April 2014 establishing the standard import values for determining the entry price of certain fruit and vegetables

text:
               12.4.2014

               EN

               Official Journal of the European Union

               L 109/23

         COMMISSION IMPLEMENTING REGULATION (EU) No 373/2014
   of 11 April 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 April 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

                  65,2

                  TN

                  123,3

                  TR

                  106,4

                  ZZ

                  98,3

                  0707 00 05

                  MK

                  51,2

                  TR

                  124,4

                  ZZ

                  87,8

                  0709 93 10

                  MA

                  44,0

                  TR

                  93,6

                  ZZ

                  68,8

                  0805 10 20

                  EG

                  47,9

                  IL

                  67,9

                  MA

                  49,8

                  TN

                  48,3

                  TR

                  53,1

                  ZZ

                  53,4

                  0805 50 10

                  MA

                  35,6

                  TR

                  92,4

                  ZZ

                  64,0

                  0808 10 80

                  AR

                  93,3

                  BR

                  104,5

                  CL

                  108,2

                  CN

                  115,5

                  MK

                  25,2

                  NZ

                  132,7

                  US

                  190,8

                  ZA

                  118,5

                  ZZ

                  111,1

                  0808 30 90

                  AR

                  92,3

                  CL

                  123,2

                  CN

                  79,2

                  ZA

                  92,6

                  ZZ

                  96,8

         (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) 2015/2295 of 9 December 2015 amending Regulation (EC) No 2074/2005 as regards lists of approved food establishments (Text with EEA relevance)

text:
               10.12.2015

               EN

               Official Journal of the European Union

               L 324/5

         COMMISSION IMPLEMENTING REGULATION (EU) 2015/2295
   of 9 December 2015
   amending Regulation (EC) No 2074/2005 as regards lists of approved food establishments
   (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 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 (1), and in particular Article 31(2)(f) thereof,
   Whereas:

               (1)

               Regulation (EC) No 882/2004 lays down general rules for the performance of official controls to verify compliance with Union rules on feed and food, animal health and animal welfare. It provides for Member States to maintain up-to-date lists of approved establishments, made available to other Member States and to the public.

               (2)

               In accordance with the requirements laid down in Commission Regulation (EC) No 2074/2005 (2), the Commission is to provide a website, to which each Member State is to provide a link to its national website containing up-to-date lists of approved establishments, available to other Member States and to the public. The analysis of those lists for purposes such as impact assessment and for making links with other Commission information technology tools has proved to be very time-consuming and complex.

               (3)

               In order to simplify the possibility to analyse the listing for Member States establishments and to include without undue delay a Union approved establishment in those lists, it seems appropriate to allow the use of TRACES.

               (4)

               The requirements provided for in this Regulation involve an adaptation of current practices both for food business operators and competent authorities. It is therefore appropriate to allow a delayed application of this Regulation.

               (5)

               Regulation (EC) No 2074/2005 should therefore be amended accordingly.

               (6)

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

         HAS ADOPTED THIS REGULATION:
   Article 1
   Annex V of Regulation (EC) No 2074/2005 is replaced by the text in Annex to this Regulation.
   Article 2
   This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.
   It shall apply from 1 January 2016.

      This Regulation shall be binding in its entirety and directly applicable in all Member States.
      Done at Brussels, 9 December 2015.

            For the Commission

            The President

         Jean-Claude JUNCKER

      (1)  OJ L 165, 30.4.2004, p. 1.

      (2)  Commission Regulation (EC) No 2074/2005 of 5 December 2005 laying down implementing measures for certain products under Regulation (EC) No 853/2004 of the European Parliament and of the Council and for the organisation of official controls under Regulation (EC) No 854/2004 of the European Parliament and of the Council and Regulation (EC) No 882/2004 of the European Parliament and of the Council, derogating from Regulation (EC) No 852/2004 of the European Parliament and of the Council and amending Regulations (EC) No 853/2004 and (EC) No 854/2004 (OJ L 338, 22.12.2005, p. 27).

      ANNEX

            ‘ANNEX V

               Lists of approved establishments

            CHAPTER I

               ACCESS TO LISTS OF APPROVED ESTABLISHMENTS

            In order to assist Member States in making up-to-date lists of approved food establishments available to other Member States and to the public, the Commission shall provide a website to which each Member State shall provide a link to its national website or inform in case those lists are published through the TRACES system.
            CHAPTER II

               FORMAT FOR NATIONAL WEBSITES

            A.   Masterlist

                        1.

                        Each Member State shall provide the Commission with a linking address to a single national website containing the masterlist of lists of approved food establishments for products of animal origin as defined in point 8.1. of Annex I to Regulation (EC) No 853/2004.

                        2.

                        The masterlist referred to in point 1 shall consist of one sheet and shall be completed in one or more official languages of the Union.

                  B.   Operational chart

                        1.

                        The website containing the masterlist shall be developed by the competent authority or, where appropriate, one of the competent authorities referred to in Article 4 of Regulation (EC) No 882/2004.

                        2.

                        The masterlist shall include links to:

                                    (a)

                                    other web pages located on the same website;

                                    (b)

                                    where certain lists of approved food establishments are not maintained by the competent authority referred to in point 1, websites managed by other competent authorities, units or where appropriate, bodies.

                  C.   Listing through the TRACES system

            By way of derogation from Parts A and B, Member States may provide the lists through the TRACES system.
            CHAPTER III

               LAYOUT AND CODES FOR LISTS OF APPROVED ESTABLISHMENTS

            Layouts, including relevant information and codes, shall be established to ensure wide availability of the information concerning approved food establishments and to improve the readability of the lists.
            CHAPTER IV

               TECHNICAL SPECIFICATIONS

            The tasks and activities referred to in Chapters II and III shall be performed in accordance with the technical specifications published by the Commission.’


title: Commission Implementing Regulation (EU) No 858/2012 of 20 September 2012 fixing the export refunds on eggs

text:
               21.9.2012

               EN

               Official Journal of the European Union

               L 255/18

         COMMISSION IMPLEMENTING REGULATION (EU) No 858/2012
   of 20 September 2012
   fixing the export refunds on eggs
   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), and Article 170, in conjunction with Article 4 thereof,
   Whereas:

               (1)

               Article 162(1) of Regulation (EC) No 1234/2007 provides that the difference between prices on the world market for the products referred to in Part XIX of Annex I to that Regulation and prices in the Union for those products may be covered by an export refund.

               (2)

               In view of the current situation on the market in eggs, export refunds should be fixed in accordance with the rules and certain criteria provided for in Articles 162, 163, 164, 167 and 169 of Regulation (EC) No 1234/2007.

               (3)

               Article 164(1) of Regulation (EC) No 1234/2007 provides that refunds may vary according to destination, especially where the world market situation, the specific requirements of certain markets, or obligations resulting from agreements concluded in accordance with Article 300 of the Treaty make this necessary.

               (4)

               Refunds should be granted only on products which are authorised to move freely within the Union and comply with requirements under Regulation (EC) No 852/2004 of the European Parliament and of the Council of 29 April 2004 on the hygiene of foodstuffs (2) and of Regulation (EC) No 853/2004 of the European Parliament and of the Council of 29 April 2004 laying down specific hygiene rules for food of animal origin (3), as well as marking requirements under point A of Annex XIV to Regulation (EC) No 1234/2007.

               (5)

               The currently applicable refunds have been fixed by Commission Implementing Regulation (EU) No 535/2012 (4). 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
   1.   Export refunds as provided for in Article 164 of Regulation (EC) No 1234/2007 shall be granted on the products and for the amounts set out in the Annex to this Regulation subject to the conditions provided for in paragraph 2 of this Article.
   2.   The products eligible for a refund under paragraph 1 shall meet the relevant requirements of Regulations (EC) No 852/2004 and (EC) No 853/2004 and, in particular, shall be prepared in an approved establishment and comply with the marking conditions laid down in Section I of Annex II to Regulation (EC) No 853/2004 and those defined in point A of Annex XIV to Regulation (EC) No 1234/2007.
   Article 2
   Implementing Regulation (EU) No 535/2012 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, 20 September 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 139, 30.4.2004, p. 1.

      (3)  OJ L 139, 30.4.2004, p. 55.

      (4)  OJ L 163, 22.6.2012, p. 13.

      ANNEX

         Export refunds on eggs applicable from 21 September 2012

                  Product code

                  Destination

                  Unit of measurement

                  Amount of refund

                  0407 11 00 9000

                  A02

                  EUR/100 pcs

                  0,00

                  0407 19 11 9000

                  A02

                  EUR/100 pcs

                  0,00

                  0407 19 19 9000

                  A02

                  EUR/100 pcs

                  0,00

                  0407 21 00 9000

                  E09

                  EUR/100 kg

                  0,00

                  E10

                  EUR/100 kg

                  9,50

                  E19

                  EUR/100 kg

                  0,00

                  0407 29 10 9000

                  E09

                  EUR/100 kg

                  0,00

                  E10

                  EUR/100 kg

                  9,50

                  E19

                  EUR/100 kg

                  0,00

                  0407 90 10 9000

                  E09

                  EUR/100 kg

                  0,00

                  E10

                  EUR/100 kg

                  9,50

                  E19

                  EUR/100 kg

                  0,00

                  0408 11 80 9100

                  A03

                  EUR/100 kg

                  0,00

                  0408 19 81 9100

                  A03

                  EUR/100 kg

                  0,00

                  0408 19 89 9100

                  A03

                  EUR/100 kg

                  0,00

                  0408 91 80 9100

                  A03

                  EUR/100 kg

                  0,00

                  0408 99 80 9100

                  A03

                  EUR/100 kg

                  0,00

                     NB: The product codes and the ‘A’ series destination codes are set out in Commission Regulation (EEC) No 3846/87 (OJ L 366, 24.12.1987, p. 1).
                  The other destinations are defined as follows:

                              E09

                              :

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

                              E10

                              :

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

                              E19

                              :

                              All destinations except Switzerland and those of E09 and E10.


title: Commission Implementing Regulation (EU) No 401/2011 of 20 April 2011 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:
               21.4.2011

               EN

               Official Journal of the European Union

               L 105/14

         COMMISSION IMPLEMENTING REGULATION (EU) No 401/2011
   of 20 April 2011
   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 market 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 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 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 Regulation (EU) No 51/2011 (3). Since new refunds should be fixed, that Regulation should therefore be repealed.

               (6)

               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 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
   Regulation (EU) No 51/2011 is hereby repealed.
   Article 3
   This Regulation shall enter into force on 21 April 2011.

      This Regulation shall be binding in its entirety and directly applicable in all Member States.
      Done at Brussels, 20 April 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 18, 21.1.2011, p. 25.

      ANNEX

         Rates of the refunds applicable from 21 April 2011 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 00

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

                  – Of poultry:

                  0407 00 30

                  – – Other:

                              (a)

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

                  02

                  0,00

                  03

                  22,00

                  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

                  84,72

                  0408 19

                  – – Other:

                  – – – Suitable for human consumption:

                  ex 0408 19 81

                  – – – – Liquid:

                  not sweetened

                  01

                  42,53

                  ex 0408 19 89

                  – – – – Frozen:

                  not sweetened

                  01

                  42,53

                  – Other:

                  0408 91

                  – – Dried:

                  ex 0408 91 80

                  – – – Suitable for human consumption:

                  not sweetened

                  01

                  53,67

                  0408 99

                  – – Other:

                  ex 0408 99 80

                  – – – Suitable for human consumption:

                  not sweetened

                  01

                  9,00

         (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 to 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) No 954/2013 of 4 October 2013 correcting the Czech and Polish language versions of Regulation (EC) No 828/2009 laying down detailed rules of application for the marketing years 2009/2010 to 2014/2015 for the import and refining of sugar products of tariff heading 1701 under preferential agreements

text:
               5.10.2013

               EN

               Official Journal of the European Union

               L 263/6

         COMMISSION IMPLEMENTING REGULATION (EU) No 954/2013
   of 4 October 2013
   correcting the Czech and Polish language versions of Regulation (EC) No 828/2009 laying down detailed rules of application for the marketing years 2009/2010 to 2014/2015 for the import and refining of sugar products of tariff heading 1701 under preferential agreements
   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 156 in conjunction with Article 4 thereof,
   Having regard to Council Regulation (EC) No 1528/2007 of 20 December 2007 applying the arrangements for products originating in certain states which are part of the African, Caribbean and Pacific (ACP) Group of States provided for in agreements establishing, or leading to the establishment of, Economic Partnership Agreements (2), and in particular Article 9(5) thereof,
   Having regard to Regulation (EU) No 978/2012 of the European Parliament and of the Council of 25 October 2012 applying a scheme of generalised tariff preferences and repealing Council Regulation (EC) No 732/2008 (3), and in particular Article 18(3) thereof,
   Whereas:

               (1)

               There is an error in the Czech and Polish language versions of Commission Regulation (EC) No 828/2009 (4), more precisely in Article 11(1) thereof.

               (2)

               There is another error in the Polish language version of that Regulation, more precisely in Part II of Annex I thereof.

               (3)

               These errors should be corrected with effect from the entry into force of Regulation (EC) No 828/2009. The obligation imposed by Article 11(1) of the Czech and Polish language versions of that Regulation on each holder of an import licence for sugar should be withdrawn retroactively because it should be limited only to its original holder.

               (4)

               Regulation (EC) No 828/2009 should therefore be corrected accordingly.

               (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
   Concerns only the Czech and Polish language versions.
   Article 2
   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 with effect from 14 September 2009.

      This Regulation shall be binding in its entirety and directly applicable in all Member States.
      Done at Brussels, 4 October 2013.

            For the Commission

            The President

         José Manuel BARROSO

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

      (2)  OJ L 348, 31.12.2007, p. 1.

      (3)  OJ L 303, 31.10.2012, p. 1.

      (4)  Commission Regulation (EC) No 828/2009 of 10 September 2009 laying down detailed rules of application for the marketing years 2009/2010 to 2014/2015 for the import and refining of sugar products of tariff heading 1701 under preferential agreements (OJ L 240, 11.9.2009, p. 14).


title: Commission Implementing Regulation (EU) No 437/2013 of 8 May 2013 amending Regulation (EC) No 798/2008 as regards the entry for Mexico in the list of third countries, territories, zones or compartments from which certain commodities may be imported into or transit through the Union  Text with EEA relevance

text:
               14.5.2013

               EN

               Official Journal of the European Union

               L 129/25

         COMMISSION IMPLEMENTING REGULATION (EU) No 437/2013
   of 8 May 2013
   amending Regulation (EC) No 798/2008 as regards the entry for Mexico in the list of third countries, territories, zones or compartments from which certain commodities may be imported into or transit through the Union
   (Text with EEA relevance)
   THE EUROPEAN COMMISSION,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to Council Directive 2002/99/EC of 16 December 2002 laying down the animal health rules governing the production, processing, distribution and introduction of products of animal origin for human consumption (1) and in particular the introductory phrase of Article 8, the first subparagraph of point 1 of Article 8 and point 4 of Article 8 thereof,
   Whereas:

               (1)

               Commission Regulation (EC) No 798/2008 of 8 August 2008 laying down a list of third countries, territories, zones or compartments from which poultry and poultry products may be imported into and transit through the Community and the veterinary certification requirements (2) provides that the commodities covered by it are only to be imported into and transited through the Union from the third countries, territories, zones or compartments listed in columns 1 and 3 of the table in Part 1 of Annex I thereto.

               (2)

               Regulation (EC) No 798/2008 also lays down the conditions for a third country, territory, zone or compartment to be considered as free from highly pathogenic avian influenza (HPAI) and the requirements for the veterinary certification in that respect for commodities destined for importation into the Union.

               (3)

               Mexico is listed in the table in Part 1 of Annex I to Regulation (EC) No 798/2008 as a third country from which specified pathogen-free eggs and egg products may be imported into the Union, provided that they are accompanied by the relevant certificate referred to in column 4 of the table in Part 1 of Annex I thereto.

               (4)

               In the case of egg products, the certificate referred to in column 4 of the table in Part 1 of Annex I to Regulation (EC) No 798/2008 includes an animal health attestation that they come from an establishment which is free from HPAI. In addition, that attestation certifies either that there has been no outbreak of HPAI for at least the previous 30 days within a 10 km radius of that establishment or that the egg products were processed in accordance with one of the treatments set out in that certificate.

               (5)

               In 2012 several outbreaks of HPAI of the subtype H7N3 were confirmed in the State of Jalisco in Mexico, in an area with a high density of poultry holdings. Mexico applied a stamping-out policy and carried out emergency vaccination against avian influenza to control the outbreaks.

               (6)

               The latest HPAI outbreak of that epidemic was confirmed at the end of September 2012 and Mexico declared the outbreaks as eradicated in December 2012.

               (7)

               On 8 January 2013, Mexico notified the Commission of two HPAI outbreaks of the H7N3 subtype in poultry on its territory in the State of Aguascalientes. The disease has also spread to the States of Jalisco and Guanajuato.

               (8)

               In view of the confirmation of the HPAI outbreaks, the territory of Mexico may no longer be considered as free from that disease.

               (9)

               The recurrence of HPAI outbreaks raises concerns as to the effectiveness of the measures including vaccination applied in Mexico to control HPAI.

               (10)

               Imports of egg products processed in accordance with one of the treatments set out in the relevant certificate referred to in column 4 of the table in Part 1 of Annex I to Regulation (EC) No 798/2008, originating in third countries, territories, zones or compartments that are not free from HPAI, are considered to pose a negligible risk for virus introduction into the Union.

               (11)

               However, given the rapid spread of the disease HPAI and the risk that the HPAI outbreaks may not be detected in time by the Mexican competent authority, imports into or transit through the Union of egg products from Mexico should be temporarily prohibited until satisfactory guarantees can be provided by that country.

               (12)

               Regulation (EC) No 798/2008 should therefore be amended accordingly.

               (13)

               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
   Annex I to Regulation (EC) No 798/2008 is amended in accordance with the Annex to this Regulation.
   Article 2
   This Regulation shall enter into force on the third 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, 8 May 2013.

            For the Commission

            The President

         José Manuel BARROSO

      (1)  OJ L 18, 23.1.2003, p. 11.

      (2)  OJ L 226, 23.8.2008, p. 1.

      ANNEX
      In Part 1 of Annex I to Regulation (EC) No 798/2008, the entry for Mexico is replaced by the following:

                     ‘MX-Mexico

                     MX-0

                     Whole country

                     SPF

                     EP

                     P2

                     17 May 2013’


title: Commission Implementing Regulation (EU) No 612/2011 of 23 June 2011 establishing the standard import values for determining the entry price of certain fruit and vegetables

text:
               24.6.2011

               EN

               Official Journal of the European Union

               L 164/4

         COMMISSION IMPLEMENTING REGULATION (EU) No 612/2011
   of 23 June 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 24 June 2011.

      This Regulation shall be binding in its entirety and directly applicable in all Member States.
      Done at Brussels, 23 June 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

                  AR

                  23,1

                  MA

                  57,8

                  MK

                  57,4

                  TR

                  55,0

                  ZZ

                  48,3

                  0707 00 05

                  TR

                  96,5

                  ZZ

                  96,5

                  0709 90 70

                  TR

                  117,3

                  ZZ

                  117,3

                  0805 50 10

                  AR

                  77,4

                  BR

                  40,6

                  TR

                  65,0

                  UY

                  65,6

                  ZA

                  93,2

                  ZZ

                  68,4

                  0808 10 80

                  AR

                  104,6

                  BR

                  79,6

                  CL

                  99,3

                  CN

                  95,4

                  NZ

                  108,3

                  UY

                  58,2

                  ZA

                  88,0

                  ZZ

                  90,5

                  0809 10 00

                  AR

                  89,7

                  TR

                  283,7

                  ZZ

                  186,7

                  0809 20 95

                  TR

                  360,5

                  XS

                  382,4

                  ZZ

                  371,5

                  0809 30

                  EC

                  116,4

                  ZZ

                  116,4

         (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 714/2012 of 30 July 2012 concerning the classification of certain goods in the Combined Nomenclature

text:
               7.8.2012

               EN

               Official Journal of the European Union

               L 210/1

         COMMISSION IMPLEMENTING REGULATION (EU) No 714/2012
   of 30 July 2012
   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 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 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, 30 July 2012.

            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)

                              1.

                              A product consisting of a flexible keypad membrane made of silicone with 19 incorporated keycaps and with dimensions of approximately 65 × 40 × 1 mm.
                              The product has printed keycaps representing an alpha/numeric keyboard, call buttons and other buttons typical of mobile phones.
                              Underneath each keycap there is an electrical contact element made of silicone impregnated with carbon.
                              The product has a specific shape and design and is intended for incorporation in a particular model of a mobile phone.

                  8517 70 90

                  Classification is determined by General Rules 1 and 6 for the interpretation of the Combined Nomenclature, Note 2(b) to Section XVI and by the wording of CN codes 8517, 8517 70 and 8517 70 90.
                  Classification under heading 8536 as a switch is excluded as the product comprises only a part (one side of the contact points) of a switching device (see also CN Explanatory Notes to heading 8536, point (8)).
                  The product is an essential part for the operation of a mobile phone and cannot be used independently for other purposes. Also, it is specially adapted for use in a particular model of a mobile phone. In particular, its shape and method of operation preclude any other use (see also judgment of the Court of Justice of the European Union in Case C-183/06). Consequently, classification under heading 8538 as a part suitable for use solely or principally with a switching device is also excluded.
                  The product is therefore to be classified under CN code 8517 70 90 as a part of a mobile phone.

                              2.

                              A product (so-called ‘keyboard flex assembly’), the main body of which has dimensions of approximately 56 × 42 × 1 mm and which comprises two membranes constituting a switching device:

                                          —

                                          an upper membrane of polyimide containing 24 copper contact points on the bottom side,

                                          —

                                          a lower membrane of polyimide containing a printed circuit with 24 copper contact points on the upper side.

                                    Over the upper membrane there is a protective transparent plastic sheet printed with an image representing a mobile phone keyboard, and under the lower membrane a protective paper sheet.
                              The following components are connected to the main body of the product:

                                          —

                                          two flat electrical conductors with connectors,

                                          —

                                          two printed circuit assemblies containing active and passive components, a light sensor and a ‘Hall effect’ switch for controlling the lighting system of the keyboard.

                                    The product has a specific shape and design and is intended for incorporation in a particular model of a mobile phone.

                  8517 70 90

                  Classification is determined by General Rules 1 and 6 for the interpretation of the Combined Nomenclature, Note 2(b) to Section XVI and by the wording of CN codes 8517, 8517 70 and 8517 70 90.
                  In addition to the two membranes with corresponding contact points for switching electrical circuits, the product incorporates printed circuit assemblies for controlling the lighting system of the keyboard. Classification as a switching device for electrical circuits under heading 8536 is therefore excluded.
                  The product is an essential part for the operation of a mobile phone and cannot be used independently for other purposes. Also, it is specially adapted for use in a particular model of a mobile phone. In particular, its shape and method of operation preclude any other use (see also judgment of the Court of Justice of the European Union in Case C-183/06).
                  The product is therefore to be classified under CN code 8517 70 90 as a part of a mobile phone.