title: Commission Implementing Regulation (EU) 2016/435 of 22 March 2016 withdrawing the suspension of submission of applications for import licences under the tariff quotas opened by Regulation (EC) No 891/2009 in the sugar sector

text:
               23.3.2016

               EN

               Official Journal of the European Union

               L 76/34

         COMMISSION IMPLEMENTING REGULATION (EU) 2016/435
   of 22 March 2016
   withdrawing the suspension of submission of applications for import licences under the tariff quotas opened by Regulation (EC) No 891/2009 in the sugar sector
   THE EUROPEAN COMMISSION,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to Regulation (EU) No 1308/2013 of the European Parliament and of the Council of 17 December 2013 establishing a common organisation of the markets in agricultural products and repealing Council Regulations (EEC) No 922/72, (EEC) No 234/79, (EC) No 1037/2001 and (EC) No 1234/2007 (1), and in particular Article 188(1) and (3) thereof,
   Whereas:

               (1)

               Commission Regulation (EC) No 891/2009 (2) opened annual tariff quotas for imports of sugar products.

               (2)

               Submission of import licence applications under order number 09.4321 was suspended from 29 September 2015 by Commission Implementing Regulation (EU) 2015/1733 (3).

               (3)

               Following notification of unused or partly-used licences, quantities have become available again under that order number. The suspension of applications should therefore be withdrawn, in accordance with Article 5(2) of Regulation (EC) No 891/2009.

               (4)

               In order to ensure the efficient management of the measure, 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 suspension of submission of applications for import licences under order number 09.4321 laid down by Implementing Regulation (EU) 2015/1733 shall be withdrawn.
   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, 22 March 2016.

            For the Commission,

            On behalf of the President,

         Jerzy PLEWA

            Director-General for Agriculture and Rural Development

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

      (2)  Commission Regulation (EC) No 891/2009 of 25 September 2009 opening and providing for the administration of certain Community tariff quotas in the sugar sector (OJ L 254, 26.9.2009, p. 82).

      (3)  Commission Implementing Regulation (EU) 2015/1733 of 28 September 2015 fixing the allocation coefficient to be applied to the quantities covered by applications for import licences lodged from 8 to 14 September 2015 under the tariff quotas opened by Regulation (EC) No 891/2009 in the sugar sector and suspending submission of applications for such licences (OJ L 252, 29.9.2015, p. 40).


title: Commission Implementing Regulation (EU) 2016/129 of 1 February 2016 amending Regulation (EU) No 37/2010 as regards the substance ‘Purified semi-solid extract from Humulus lupulus L. containing approximately 48 % of beta acids (as potassium salts)’ (Text with EEA relevance)

text:
               2.2.2016

               EN

               Official Journal of the European Union

               L 25/44

         COMMISSION IMPLEMENTING REGULATION (EU) 2016/129
   of 1 February 2016
   amending Regulation (EU) No 37/2010 as regards the substance ‘Purified semi-solid extract from Humulus lupulus L. containing approximately 48 % of beta acids (as potassium salts)’
   (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 470/2009 of the European Parliament and of the Council of 6 May 2009 laying down Community procedures for the establishment of residue limits of pharmacologically active substances in foodstuffs of animal origin, repealing Council Regulation (EEC) No 2377/90 and amending Directive 2001/82/EC of the European Parliament and of the Council and Regulation (EC) No 726/2004 of the European Parliament and the Council (1), and in particular Article 14 in conjunction with Article 17 thereof,
   Having regard to the opinion of the European Medicines Agency formulated by the Committee for Medicinal Products for Veterinary Use,
   Whereas:

               (1)

               Article 17 of Regulation (EC) No 470/2009 requires that the maximum residue limit (hereinafter ‘MRL’) for pharmacologically active substances intended for use in the Union in veterinary medicinal products for food-producing animals or in biocidal products used in animal husbandry is established in a Regulation.

               (2)

               Table 1 of the Annex to Commission Regulation (EU) No 37/2010 (2) sets out the pharmacologically active substances and their classification regarding MRLs in foodstuffs of animal origin.

               (3)

               Purified semi-solid extract from Humulus lupulus L. containing approximately 48 % of beta acids (as potassium salts) is not yet included in that table.

               (4)

               An application for the establishment of MRLs for purified semi-solid extract from Humulus lupulus L. containing approximately 48 % of beta acids (as potassium salts) in honey has been submitted to the European Medicines Agency (hereinafter ‘EMA’).

               (5)

               The EMA, based on the opinion of the Committee for Medicinal Products for Veterinary Use, has recommended that the establishment of an MRL for purified semi-solid extract from Humulus lupulus L. containing approximately 48 % of beta acids (as potassium salts) in honey, is not necessary for the protection of human health.

               (6)

               According to Article 5 of Regulation (EC) No 470/2009, the EMA is to consider using MRLs established for a pharmacologically active substance in a particular foodstuff for another foodstuff derived from the same species, or MRLs established for a pharmacologically active substance in one or more species for other species.

               (7)

               Given that residues in honey are not subject to the metabolic processes to which they may be subjected in other food commodities of animal origin, the EMA concluded that an extrapolation of the recommendation on MRL for purified semi-solid extract from Humulus lupulus L. containing approximately 48 % of beta acids (as potassium salts) is not appropriate.

               (8)

               Regulation (EU) No 37/2010 should therefore be amended accordingly.

               (9)

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

         HAS ADOPTED THIS REGULATION:
   Article 1
   The Annex to Regulation (EU) No 37/2010 is amended as set out in the Annex to this Regulation.
   Article 2
   This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.

      This Regulation shall be binding in its entirety and directly applicable in all Member States.
      Done at Brussels, 1 February 2016.

            For the Commission

            The President

         Jean-Claude JUNCKER

      (1)  OJ L 152, 16.6.2009, p. 11.

      (2)  Commission Regulation (EU) No 37/2010 of 22 December 2009 on pharmacologically active substances and their classification regarding maximum residue limits in foodstuffs of animal origin (OJ L 15, 20.1.2010, p. 1).

      ANNEX
      In Table 1 of the Annex to Regulation (EU) No 37/2010, an entry for the following substance is inserted in alphabetical order:

                     Pharmacologically active substance

                     Marker residue

                     Animal species

                     MRL

                     Target tissues

                     Other provisions (according to Article 14(7) of Regulation (EC) No 470/2009)

                     Therapeutic Classification

                     ‘Purified semi-solid extract from Humulus lupulus L. containing approximately 48 % of beta acids (as potassium salts)

                     NOT APPLICABLE

                     Bees

                     No MRL required

                     Honey

                     NO ENTRY

                     Antiparasitic agents/Agents against ectoparasites’


title: Commission Implementing Regulation (EU) 2017/481 of 20 March 2017 amending Annex I to Regulation (EC) No 798/2008 as regards the entry for the United States in the list of third countries, territories, zones or compartments from which certain poultry commodities may be imported into or transit through the Union in relation to highly pathogenic avian influenza (Text with EEA relevance. )

text:
               21.3.2017

               EN

               Official Journal of the European Union

               L 75/15

         COMMISSION IMPLEMENTING REGULATION (EU) 2017/481
   of 20 March 2017
   amending Annex I to Regulation (EC) No 798/2008 as regards the entry for the United States in the list of third countries, territories, zones or compartments from which certain poultry commodities may be imported into or transit through the Union in relation to highly pathogenic avian influenza
   (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, point 4 of Article 8 and Article 9(4)(c) thereof,
   Having regard to Council Directive 2009/158/EC of 30 November 2009 on animal health conditions governing intra-Community trade in, and imports from third countries of, poultry and hatching eggs (2), and in particular Articles 23(1), 24(2) and 25(2) thereof,
   Whereas:

               (1)

               Commission Regulation (EC) No 798/2008 (3) lays down veterinary certification requirements for imports into and transit, including storage during transit, through the Union of poultry and poultry products (‘the commodities’). It provides that the commodities are only to be imported into and transit 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).

               (3)

               The United States is listed in Part 1 of Annex I to Regulation (EC) No 798/2008 as a third country from which imports into and transit through the Union of the commodities are not restricted due to the presence of HPAI.

               (4)

               An Agreement between the European Community and the United States of America on sanitary measures to protect public and animal health in trade in live animals and animal products (‘the Agreement’) (4), which was approved by Council Decision 1998/258/EC (5), provides for a swift mutual recognition of regionalisation measures in the event of outbreaks of a disease in the Union or in the United States.

               (5)

               On 4 March 2017, the United States confirmed the presence of HPAI of subtype H7N9 in a poultry holding in Lincoln County in the State of Tennessee. The whole territory of that third country may therefore no longer be considered as being free from that disease.

               (6)

               The veterinary authorities of the United States placed a 10 km control zone around the affected holding, which included parts of Lincoln, Franklin and Moore counties in the State of Tennessee and Madison and Jackson counties in the State of Alabama. The veterinary authorities of the United States immediately suspended issuing veterinary certificates for consignments of commodities intended for export to the Union from those counties and implemented a stamping-out policy in order to control HPAI and limit its spread.

               (7)

               The United States has submitted information on the epidemiological situation on its territory and the measures it has taken to prevent the further spread of HPAI which has now been evaluated by the Commission. On the basis of that evaluation, as well as the commitments laid down in the Agreement and the guarantees provided by the United States, in order to safeguard the Union against the animal health risks associated with the introduction into the Union of commodities from the United States, it is appropriate to place restrictions on the introduction into the Union of commodities from the counties of the States of Tennesses and Alabama which are affected by HPAI. The entry for the United States in the list in Part 1 of Annex I to Regulation (EC) No 798/2008 should therefore be amended to take account of the regionalisation of that third country due to the current outbreak of HPAI.

               (8)

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

               (9)

               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
   Part 1 of 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, 20 March 2017.

            For the Commission

            The President

         Jean-Claude JUNCKER

      (1)  OJ L 18, 23.1.2003, p. 11.

      (2)  OJ L 343, 22.12.2009, p. 74.

      (3)  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 (OJ L 226, 23.8.2008, p. 1).

      (4)  OJ L 118, 21.4.1998, p. 3.

      (5)  OJ L 118, 21.4.1998, p. 1.

      ANNEX
      In Part 1 of Annex I to Regulation (EC) No 798/2008, the following entries for the United States are inserted in numerical order:

                  ISO code and name of third country or territory

                  Code of third country, territory, zone or compartment

                  Description of third country, territory, zone or compartment

                  Veterinary certificate

                  Specific conditions

                  Specific conditions

                  Avian influenza surveillance status

                  Avian influenza vaccination status

                  Salmonella Control Status (6)

                  Model(s)

                  Additional guarantees

                  Closing date (1)

                  Opening date (2)

                  1

                  2

                  3

                  4

                  5

                  6

                  6A

                  6B

                  7

                  8

                  9

                  ‘US — United States

                  US-2.23

                  State of Tennessee:

                              Lincoln County

                              Franklin County

                              Moore County

                  WGM

                  VIII

                  P2

                  4.3.2017

                  POU, RAT

                  N
                  P2

                  BPR, BPP, DOC, DOR, HEP, HER, SRP, SRA, LT20

                  A

                  S3, ST1

                  US-2.24

                  State of Alabama:

                              Madison County

                              Jackson County

                  WGM

                  VIII

                  P2

                  4.3.2017

                  POU, RAT

                  N
                  P2

                  BPR, BPP, DOC, DOR, HEP, HER, SRP, SRA, LT20

                  A

                  S3, ST1’


title: Commission Implementing Regulation (EU) No 776/2011 of 2 August 2011 concerning the classification of certain goods in the Combined Nomenclature

text:
               4.8.2011

               EN

               Official Journal of the European Union

               L 201/10

         COMMISSION IMPLEMENTING REGULATION (EU) No 776/2011
   of 2 August 2011
   concerning the classification of certain goods in the Combined Nomenclature
   THE EUROPEAN COMMISSION,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to Council Regulation (EEC) No 2658/87 of 23 July 1987 on the tariff and statistical nomenclature and on the Common Customs Tariff (1), and in particular Article 9(1)(a) thereof,
   Whereas:

               (1)

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

               (2)

               Regulation (EEC) No 2658/87 has laid down the general rules for the interpretation of the Combined Nomenclature. Those rules apply also to any other nomenclature which is wholly or partly based on it or which adds any additional subdivision to it and which is established by specific provisions of the Union, with a view to the application of tariff and other measures relating to trade in goods.

               (3)

               Pursuant to those general rules, the goods described in column (1) of the table set out in the Annex should be classified under the CN code indicated in column (2), by virtue of the reasons set out in column (3) of that table.

               (4)

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

               (5)

               The 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, 2 August 2011.

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

            Member of the Commission

      (1)  OJ L 256, 7.9.1987, p. 1.

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

      ANNEX

                  Description of the goods

                  Classification
                  (CN code)

                  Reasons

                  (1)

                  (2)

                  (3)

                  An apparatus for cooking food, with dimensions of approximately 31 × 47 × 40 cm and a capacity of 25 litres. It has a housing of stainless steel, a turntable, a safety child lock feature, control buttons and a clock.
                  The apparatus comprises:

                              —

                              a microwave oven with 5 power levels, a maximum power output of 900 watts and a timer. It has pre-set cooking and defrosting programmes, and

                              —

                              a quartz griller with a maximum power output of 1 000 watts.

                        The apparatus is designed to cook food by means of the microwave oven. It also cooks, browns and crisps food by means of the griller.

                  8516 50 00

                  Classification is determined by General Rules 1 and 6 for the interpretation of the Combined Nomenclature, Note 3 to Section XVI, and by the wording of CN codes 8516 and 8516 50 00.
                  Classification of the apparatus as an industrial microwave oven of heading 8514 is excluded given its power output and oven capacity (see also the CN Explanatory Notes to subheading 8514 20 80).
                  The apparatus is a composite machine within the meaning of Note 3 to Section XVI as it consists of a microwave oven of CN code 8516 50 00 and a griller of CN code 8516 60 70.
                  Given all the characteristics of the apparatus, such as power output, power levels and the number of programmes, the microwave oven is to be considered as performing the principal function of the composite machine.
                  The apparatus is therefore to be classified under CN code 8516 50 00 as a microwave oven.


title: Commission Implementing Regulation (EU) 2016/2103 of 21 November 2016 entering a name in the register of protected designations of origin and protected geographical indications (Burrata di Andria (PGI))

text:
               2.12.2016

               EN

               Official Journal of the European Union

               L 327/16

         COMMISSION IMPLEMENTING REGULATION (EU) 2016/2103
   of 21 November 2016
   entering a name in the register of protected designations of origin and protected geographical indications (Burrata di Andria (PGI))
   THE EUROPEAN COMMISSION,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to Regulation (EU) No 1151/2012 of the European Parliament and of the Council of 21 November 2012 on quality schemes for agricultural products and foodstuffs (1), and in particular Article 52(2) thereof,
   Whereas:

               (1)

               Pursuant to Article 50(2)(a) of Regulation (EU) No 1151/2012, Italy's application to register the name ‘Burrata di Andria’ was published in the Official Journal of the European Union
                   (2).

               (2)

               As no statement of objection under Article 51 of Regulation (EU) No 1151/2012 has been received by the Commission, the name ‘Burrata di Andria’ should therefore be entered in the register,

         HAS ADOPTED THIS REGULATION:
   Article 1
   The name ‘Burrata di Andria’ (PGI) is hereby entered in the register.
   The name specified in the first paragraph denotes a product in Class 1.3. Cheeses, as listed in Annex XI to Commission Implementing Regulation (EU) No 668/2014 (3).
   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, 21 November 2016.

            For the Commission,

            On behalf of the President,

         Phil HOGAN

            Member of the Commission

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

      (2)  OJ C 263, 20.7.2016, p. 7.

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


title: Commission Implementing Regulation (EU) No 1282/2013 of 10 December 2013 correcting the Polish language version of Regulation (EC) No 2508/2000 laying down the detailed rules for the application of Council Regulation (EC) No 104/2000 as regards operational programmes in the fisheries sector

text:
               11.12.2013

               EN

               Official Journal of the European Union

               L 332/13

         COMMISSION IMPLEMENTING REGULATION (EU) No 1282/2013
   of 10 December 2013
   correcting the Polish language version of Regulation (EC) No 2508/2000 laying down the detailed rules for the application of Council Regulation (EC) No 104/2000 as regards operational programmes in the fisheries sector
   THE EUROPEAN COMMISSION,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to Council Regulation (EC) No 104/2000 of 17 December 1999 on the common organisation of the markets in fishery and aquaculture products (1), and in particular Article 9(5) and Article 10(4) thereof,
   Whereas:

               (1)

               An error has occurred in Article 12 of the Polish language version of Commission Regulation (EC) No 2508/2000 of 15 November 2000 laying down the detailed rules for the application of Council Regulation (EC) No 104/2000 as regards operational programmes in the fisheries sector (2). Therefore a correction of the Polish language version is necessary. The other language versions are not affected.

               (2)

               Regulation (EC) No 2508/2000 should therefore be corrected accordingly. In order to eliminate the errors in the act being corrected as soon as possible, this Regulation should enter into force on the third day following that of its publication.

               (3)

               The measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Fishery Products,

         HAS ADOPTED THIS REGULATION:
   Article 1
   Concerns only the Polish language version.
   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, 10 December 2013.

            For the Commission

            The President

         José Manuel BARROSO

      (1)  OJ L 17, 21.1.2000, p. 22.

      (2)  OJ L 289, 16.11.2000, p. 8.