title: Commission Implementing Regulation (EU) 2017/1503 of 25 August 2017 amending Implementing Regulation (EU) 2016/68 on common procedures and specifications necessary for the interconnection of electronic registers of driver cards (Text with EEA relevance. )

text:
               26.8.2017

               EN

               Official Journal of the European Union

               L 221/10

         COMMISSION IMPLEMENTING REGULATION (EU) 2017/1503
   of 25 August 2017
   amending Implementing Regulation (EU) 2016/68 on common procedures and specifications necessary for the interconnection of electronic registers of driver cards
   (Text with EEA relevance)
   THE EUROPEAN COMMISSION,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to Regulation (EU) No 165/2014 of the European Parliament and of the Council of 4 February 2014 on tachographs in road transport (1), and in particular Article 31(5) thereof,
   Whereas:

               (1)

               Regulation (EU) No 165/2014 requires Member States to interconnect their national electronic registers on driver cards through the TACHOnet messaging system.

               (2)

               Common procedures and specifications necessary for the interconnection of electronic registers of driver cards through the TACHOnet messaging system are laid down by Commission Implementing Regulation (EU) 2016/68 (2).

               (3)

               The connection to the TACHOnet messaging system can be carried out either directly through a Trans European Services for Telematics between Administrations (‘Testa’) connection or indirectly through a Member State already connected to Testa. Traditionally, indirect connections have been bilaterally agreed through contracts signed by representatives of the entities involved at national level without the Commission intervening. However, in order to prevent potential misuse of the connection and to ensure the correct operation of the system, the Commission, in its capacity as general manager of the TACHOnet messaging system, should receive due and timely information about the interest of a national authority in connecting to the TACHOnet messaging system.

               (4)

               In addition to Member States, the TACHOnet messaging system is in practice open to third countries. The Commission should therefore ensure that third countries comply with the same obligations as Member States regarding the TACHOnet messaging system.

               (5)

               Some minor amendments to Implementing Regulation (EU) 2016/68 should be made in order to address the following aspects in a more precise and clear manner: the procedure for connection to the TACHOnet messaging system, the preliminary tests to be performed and the consequences of failure, the content of some XML messages, the determination of the escalation procedure to be followed by Member States in case of system errors, and the time that personal data can be retained in the logs of the central hub.

               (6)

               The new version of the TACHOnet messaging system will apply from 2 March 2018. However, in order to enable certain preparatory steps to be taken, the provisions relating to connection by third countries, preliminary tests and indirect access should apply from the date of entry into force of this Regulation.

               (7)

               Implementing Regulation (EU) 2016/68 should therefore be amended accordingly.

               (8)

               The measures provided for in this Regulation are in accordance with the opinion of the Committee on Road Transport,

         HAS ADOPTED THIS REGULATION:
   Article 1
   Implementing Regulation (EU) 2016/68 is amended as follows:

               (1)

               in Article 2, the following points (k), (l) and (m) are added:

                           ‘(k)

                           “Trans European Services for Telematics between Administrations system (‘Testa’)” means a telecommunications interconnection platform for secure information exchange between the public administrations in the Union;

                           (l)

                           “direct access to TACHOnet” means the connection to the TACHOnet messaging system of a national electronic register via a Testa connection managed by the Member State hosting the register;

                           (m)

                           “indirect access to TACHOnet” means the connection to the TACHOnet messaging system of a national electronic register via a Testa connection managed by a Member State not hosting the register.’;

               (2)

               the following Articles 3a and 3b are inserted:
               ‘Article 3a
               Connection by third countries
               Subject to the approval of the Commission, third countries may connect their electronic registers to the TACHOnet messaging system if they comply with this Regulation.
               Article 3b
               Preliminary tests
               The connection of a national electronic register to the TACHOnet messaging system, be it through direct or indirect access, shall be established after the successful completion of connection, integration and performance tests in accordance with the instructions and under the supervision of the Commission.
               In case of failure of the preliminary tests, the Commission may temporarily put on hold the testing phase. The tests shall resume once the responsible national authority has communicated to the Commission the adoption of the necessary technical improvements at national level allowing the successful performance of the preliminary tests.
               The maximum duration of the preliminary tests shall be six months.’;

               (3)

               the following Article 5a is inserted:
               ‘Article 5a
               Indirect access to TACHOnet
               1.   A national authority requesting indirect access to TACHOnet shall submit the following documents to the Commission:

                           (a)

                           a letter signed by a representative of the national authority requesting the Commission to start the testing phase for providing indirect access to TACHOnet;

                           (b)

                           an application for indirect access to TACHOnet in the format set out in Annex IX;

                           (c)

                           the bilateral contract between the national authority requesting indirect access and the national authority providing that access through its Testa connection, signed by representatives of both national authorities.

                     2.   No later than two months after the submission of the documents referred to in paragraph 1, the Commission shall request the national authority concerned to submit the technical information necessary to start the preliminary tests referred to in Article 3b.
               3.   Indirect access to TACHOnet shall not be provided until the requirements set out in paragraphs 1 and 2 have been fulfilled.’;

               (4)

               Annexes I, II, III, VI, VII and VIII are amended in accordance with Annex I to this Regulation;

               (5)

               Annex IX is added as set out in Annex II 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.
   Article 1(4) shall apply from 2 March 2018.

      This Regulation shall be binding in its entirety and directly applicable in all Member States.
      Done at Brussels, 25 August 2017.

            For the Commission

            The President

         Jean-Claude JUNCKER

      (1)  OJ L 60, 28.2.2014, p. 1.

      (2)  Commission Implementing Regulation (EU) 2016/68 of 21 January 2016 on common procedures and specifications necessary for the interconnection of electronic registers of driver cards (OJ L 15, 22.1.2016, p. 51).

      ANNEX I
      Annexes I, II, III, VI, VII and VIII to Implementing Regulation (EU) 2016/68 are amended as follows:

                  (1)

                  Annex I is amended as follows:

                              (a)

                              in point 1.1, the second paragraph is replaced by the following:
                              ‘All TACHOnet messages shall be routed through the central hub.’;

                              (b)

                              point 2.2 is replaced by the following:

                                          ‘2.2.

                                          The central hub shall not store data for a period exceeding six months, other than the logging, statistical and routing data set out in Annex VII.’;

                              (c)

                              point 2.6.1 is replaced by the following:

                                          ‘2.6.1.

                                          The contact management functionality shall provide each Member State with the ability to manage the contact details regarding policy, business, operational and technical categories of that Member State, each Member State's competent authority being responsible for the maintenance of its own contacts. It shall be possible to view, but not edit, the contact details of the other Member States.’;

                              (d)

                              point 2.6.2 is deleted;

                  (2)

                  Annex II is amended as follows:

                              (a)

                              point 1.3 is replaced by the following:

                                          ‘1.3.

                                          Modify Card Status (MCS): allows the requesting Member State to notify the responding Member State, through a Modify Card Status Request, that the status of a card issued by the latter has changed. The responding Member State shall reply to the Modify Card Status request by sending a Modify Card Status response as soon as the register has been updated or the notification has been rejected, giving the result of the update and indicating the current card status (as recorded in the tachograph card register). This response shall be sent at the latest 10 calendar days after the notification request has been sent. In all cases, a Modify Card Status request or response shall be acknowledged with a Modify Card Status acknowledgment.’;

                              (b)

                              point 5 is replaced by the following:

                                          ‘5.

                                          The card status listed in the Appendix to this Annex shall not be used to determine if a driver card is valid for driving. When a Member State queries the register of the card issuing Member State via the CCS or CIC functionality, the response shall contain the dedicated field “valid for driving”. The national administrative procedures shall be such that CCS or CIC responses always contain the appropriate “valid for driving” value.’;

                  (3)

                  Annex III is amended as follows:

                              (a)

                              point 2.3 is replaced by the following:

                                          ‘2.3.

                                          National systems shall be capable of sending, receiving and processing all messages corresponding to any of the functionalities set out in Annex II.’;

                              (b)

                              the Appendix is replaced by the following:‘
                                 Appendix

                                    Minimum requirements for the content of the XML messages

                                             Common header

                                             Mandatory

                                             Version

                                             The official version of the XML specifications shall be specified through the namespace defined in the message XSD and in the version attribute of the Header element of any XML message. The version number (“n.m”) shall be defined as fixed value in every release of the XML Schema Definition file (xsd).

                                             Yes

                                             Test Identifier

                                             Optional id for testing. The originator of the test shall populate the identifier and all participants in the workflow shall forward/return the same identifier. In production it shall be ignored and shall not be used if it is supplied.

                                             No

                                             Technical Identifier

                                             A UUID uniquely identifying each individual message. The sender shall generate a UUID and shall populate this attribute. This data shall not be used in any business capacity.

                                             Yes

                                             Workflow Identifier

                                             The workflowId is a UUID and shall be generated by the requesting Member State. This identifier shall be then used in all messages to correlate the workflow.

                                             Yes

                                             Sent At

                                             The date and time (in UTC format) that the message was sent.

                                             Yes

                                             Timeout

                                             This is an optional date and time (in UTC format) attribute. This value shall be set only by the central hub for forwarded requests and is calculated based on the date/time the initial request has been received by the hub. This shall inform the responding Member State of the time when the request shall be timed out. This value is not required in initial requests sent to the hub and all response messages.

                                             No

                                             From

                                             The ISO 3166-1 Alpha 2 code of the Member State sending the message or “EU”.

                                             Yes

                                             To

                                             The ISO 3166-1 Alpha 2 code of the Member State to which the message is being sent or “EU”.

                                             Yes

                                             Check Issued Cards Request

                                             Mandatory

                                             Family Name

                                             Driver's family name.

                                             Yes

                                             First Name

                                             Driver's first/given name.

                                             No

                                             Date of Birth

                                             Driver's date of birth.

                                             Yes

                                             Place of Birth

                                             Driver's place of birth.

                                             No

                                             Driving Licence Number

                                             Driver's driving licence number.

                                             No

                                             Driving Licence Issuing Country

                                             The country that issued the driver's driving licence.

                                             No

                                             Check Issued Cards Response

                                             Mandatory

                                             Status Code

                                             The status code of the response.

                                             Yes

                                             Status Message

                                             An explanatory status description.

                                             No

                                             Search Mechanism

                                             Was the card found by the NYSIIS search or a custom search.

                                             Yes

                                                Found Driver Details

                                             Yes if the driver is found

                                             Family Name

                                             The family name of any found drivers.

                                             Yes

                                             First Name

                                             The first name of any found drivers.

                                             No

                                             Date of Birth

                                             The date of birth of any found drivers.

                                             Yes

                                             Place of Birth

                                             The place of birth of any found drivers.

                                             No

                                                Card Details

                                             Yes if the driver is found

                                             Card Number

                                             The found card number.

                                             Yes

                                             Card Status

                                             The found card status.

                                             Yes

                                             Valid for driving

                                             The found card is/is not valid for driving.

                                             Yes

                                             Card Issuing Authority

                                             The name of the authority that issued the found card.

                                             Yes

                                             Card Start of Validity Date

                                             The date of the start of validity of the found card.

                                             Yes

                                             Card Expiry Date

                                             The date of expiry of the found card.

                                             Yes

                                             Card Status Modified Date

                                             The date that the found card was last modified.

                                             Yes

                                             Temporary Card

                                             The found card is a temporary card.

                                             No

                                                Driving Licence Details

                                             Yes if a driver card is found

                                             Driving Licence Number

                                             The found driver's driving licence number.

                                             Yes

                                             Driving Licence Issuing Country

                                             The issuing country of the found driver's driving licence.

                                             Yes

                                             Driving Licence Status

                                             The status of the found driver's driving licence.

                                             No

                                             Driving Licence Issuing Date

                                             The issuing date of the found driver's driving licence.

                                             No

                                             Driving Licence Expiry Date

                                             The expiry date of the found driver's driving licence.

                                             No

                                                Workshop Card Details

                                             Yes if a workshop card is found

                                             Workshop name

                                             The name of the workshop to which the found workshop card was issued.

                                             Yes

                                             Workshop address

                                             The address of the workshop to which the found workshop card was issued.

                                             Yes

                                             Check Card Status Request

                                             Mandatory

                                             Card Number

                                             The number of the card for which details are required.

                                             Yes

                                             Check Card Status Response

                                             Mandatory

                                             Status Code

                                             The status code of the response.

                                             Yes

                                             Status Message

                                             An explanatory status description.

                                             No

                                                Requested Card Details

                                             Yes if the requested card is found

                                             Card number

                                             The requested card number.

                                             Yes

                                             Card Status

                                             The status of the requested card.

                                             Yes

                                             Valid for driving

                                             The requested card is/is not valid for driving.

                                             Yes

                                             Card Issuing Authority

                                             The name of the authority that issued the requested card.

                                             Yes

                                             Card Start of Validity Date

                                             The date of the start of validity of the requested card.

                                             Yes

                                             Card Expiry Date

                                             The date of expiry the requested card.

                                             Yes

                                             Card Status Modified Date

                                             The date that the requested card was last modified.

                                             Yes

                                             Temporary Card

                                             The requested card is a temporary card.

                                             No

                                                Workshop Card Details

                                             Yes if a workshop card is found

                                             Workshop Name

                                             The name of the workshop to which the card was issued.

                                             Yes

                                             Workshop Address

                                             The address of the workshop to which the card was issued.

                                             Yes

                                                Card Holder Details

                                             Family Name

                                             The family name of the driver to whom the card was issued.

                                             Yes

                                             First Name

                                             The first name of the driver to whom the card was issued.

                                             No

                                             Date of Birth

                                             The date of birth of the driver to whom the card was issued.

                                             Yes

                                             Place of Birth

                                             The place of birth of the driver to whom the card was issued.

                                             No

                                                Driving Licence Details

                                             Yes if a driver card is found

                                             Driving Licence Number

                                             The driving licence number of the driver to whom the card was issued.

                                             Yes

                                             Driving Licence Issuing Country

                                             The country that issued driving licence number to the driver to whom the card was issued.

                                             Yes

                                             Driving Licence Status

                                             The status of the driving licence of the driver to whom the card was issued.

                                             No

                                             Driving Licence Issuing Date

                                             The issuing date of the driving licence of the driver to whom the card was issued.

                                             No

                                             Driving Licence Expiry Date

                                             The expiry date of the driving licence of the driver to whom the card was issued.

                                             No

                                             Modify Card Status Request

                                             Mandatory

                                             Card Number

                                             The number of the card of which the status has changed.

                                             Yes

                                             New Card Status

                                             The status to which the card has been changed.

                                             Yes

                                             Card Status Modified Date

                                             The date and time that the card status was modified.

                                             Yes

                                                Declared by

                                             Authority

                                             The name of the authority that made the card status change.

                                             Yes

                                             Authority address

                                             The address of the authority that made the card status change.

                                             Yes

                                             Family Name

                                             The family name of the person who made the card status change.

                                             No

                                             First Name

                                             The first name of the person who made the card status change.

                                             No

                                             Phone

                                             The phone number of the person who made the card status change.

                                             No

                                             Email

                                             The email address of the person who made the card status change.

                                             No

                                             Modify Card Status Acknowledgement

                                             Mandatory

                                             Status Code

                                             The status code of the acknowledgement.

                                             Yes

                                             Status Message

                                             An explanatory status description.

                                             No

                                             Acknowledgement type

                                             The type of the acknowledgment: for request or response.

                                             Yes

                                             Modify Card Status Response

                                             Mandatory

                                             Status Code

                                             The status code of the response.

                                             Yes

                                             Status Message

                                             An explanatory status description.

                                             No

                                             Card Number

                                             The requested driver card number.

                                             Yes

                                             Card Status

                                             The status of the requested card as it exists in the tachograph card register.

                                             Yes

                                             Issued Card Driving Licence Request

                                             Mandatory

                                             Card Number

                                             The number of the card that has been issued.

                                             Yes

                                             Driving Licence Number

                                             The number of the foreign driving licence that was used to apply for the driver card.

                                             Yes

                                             Family Name

                                             The family name of the driver to whom the card was issued.

                                             Yes

                                             First Name

                                             The first name of the driver to whom the card was issued.

                                             No

                                             Date of Birth

                                             The date of birth of the driver to whom the card was issued.

                                             Yes

                                             Place of Birth

                                             The place of birth of the driver to whom the card was issued.

                                             No

                                             Issued Card Driving Licence Response

                                             Mandatory

                                             Status Code

                                             The status code of the response.

                                             Yes

                                             Status Message

                                             An explanatory status description.

                                             No

                                       ’

                  (4)

                  Annex VI is amended as follows:

                              (a)

                              points 1.4 to 1.8 are replaced by the following:

                                          ‘1.4.

                                          They shall respond to a minimum of 98 % of the requests forwarded to them in one calendar month and be able to service a request rate of 6 messages per second.

                                          1.5.

                                          When sending CIC, CCS, ICDL Responses and MCS Acknowledgments in accordance with Annex VIII, they shall respond to requests within 10 seconds.
                                          The global request timeout (time within which the requestor may wait for a response) shall not exceed 20 seconds.

                                          1.6.

                                          MCS Responses shall be sent within 10 calendar days of the MCS Request being sent.

                                          1.7.

                                          National systems shall not send requests to the TACHOnet hub at a rate exceeding 2 requests per second.

                                          1.8.

                                          Every national system shall be able to cope with potential technical problems of the central hub or national systems in other Member States. These include, but are not limited to the following:

                                                      (a)

                                                      loss of connection to the central hub;

                                                      (b)

                                                      no response to a request;

                                                      (c)

                                                      receipt of responses after message timeout;

                                                      (d)

                                                      receipt of unsolicited messages;

                                                      (e)

                                                      receipt of invalid messages.’;

                              (b)

                              point 1.9 is deleted;

                              (c)

                              in point 2.2, the following sentence is added:
                              ‘The escalation procedure shall be detailed to the Commission upon request.’;

                  (5)

                  Annex VII is amended as follows:

                              (a)

                              the following paragraph is inserted after the heading of the Annex:
                              ‘This Annex provides details of logging, statistical and routing data collected at the central hub, not at the Member States.’;

                              (b)

                              point 3 is replaced by the following:

                                          ‘3.

                                          Personal data shall not be retained in the logs for more than 6 months after a transaction is complete. Statistical and anonymised routing information shall be retained indefinitely.’;

                              (c)

                              in point 4, the introductory wording is replaced by the following:
                              ‘The statistical data used for reporting may include, among others:’;

                  (6)

                  Annex VIII is amended as follows:

                              (a)

                              point 1.3 is replaced by the following:

                                          ‘1.3.

                                          When the applicant for a driver card holds a driving licence issued in the Member State of application, that Member State shall check if an ICDL notification had been previously recorded in its national register. This check shall be done by searching the notifications first by Driving Licence number and secondly by NYSIIS keys and date of birth. If a notification is found, the Member State shall perform either a singlecast CIC or CCS search addressed to the Member State that sent the ICDL notification.’;

                              (b)

                              point 1.6 is replaced by the following:

                                          ‘1.6.

                                          Member States may choose not to record in their national register the ICDL notifications received in accordance with points 1.3, 1.4 and 1.5. In this case, they shall carry out a broadcast CIC search for every application received.’;

                              (c)

                              in point 2.1, point (a) is replaced by the following:

                                          ‘(a)

                                          check the actual status of the card by sending a CCS request to the issuing Member State. If the number of the card is not known, a singlecast CIC request shall be sent instead;’;

                              (d)

                              point 3.2 is replaced by the following:

                                          ‘3.2.

                                          Once the status of the driver card has been checked and it is valid for exchange, the competent authority of the Member State where the application has been made shall send a MCS notification through the TACHOnet messaging system to the issuing Member State.’.

      ANNEX II
      The following Annex IX is added:
      ‘
            ANNEX IX

               Application for indirect access to TACHOnet

            The [short name of the national authority requesting indirect access to TACHOnet] of [name of the country requesting indirect access to TACHOnet] has signed a contract with [short name of the national authority providing indirect access to TACHOnet] in order to get indirect access to TACHOnet through [name of the country providing indirect access to TACHOnet].
            The contract whereby [name of the country providing indirect access to TACHOnet] provides indirect access to TACHOnet to [name of the country requesting indirect access to TACHOnet], is attached to this application.
            The following information is provided:

                        (a)

                        national authority responsible for the access to TACHOnet in [name of the country requesting indirect access to TACHOnet];

                        (b)

                        contact person for TACHOnet in the [national authority referred to in point (a)] (name, role, email address, telephone number and postal address);

                        (c)

                        name and role of other responsible entities with respect to TACHOnet;

                        (d)

                        contact persons in the responsible entities referred to in point (c) (name, role, email address, telephone number).

                  Signed
            [Representative of the national authority requesting indirect access to TACHOnet]
         ’.


title: Commission Implementing Regulation (EU) No 861/2014 of 5 August 2014 amending Annex I to Council Regulation (EEC) No 2658/87 on the tariff and statistical nomenclature and on the Common Customs Tariff

text:
               8.8.2014

               EN

               Official Journal of the European Union

               L 235/10

         COMMISSION IMPLEMENTING REGULATION (EU) No 861/2014
   of 5 August 2014
   amending Annex I to Council Regulation (EEC) No 2658/87 on the tariff and statistical nomenclature and on the Common Customs Tariff
   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)

               Council Regulation (EU) No 1326/2013 (2) amended Annex I to Regulation (EEC) No 2658/87 and replaced CN codes 9619 00 to 9619 00 90 by CN codes 9619 00 to 9619 00 89.

               (2)

               CN codes 9619 00 71 to 9619 00 89 cover sanitary towels (pads) and tampons, napkins and napkin liners for babies, and similar articles, of other materials than of textile materials. The articles of those CN codes can, for example, be made of paper pulp, paper, cellulose wadding or webs of cellulose fibres. They can also be made of combinations of those materials.

               (3)

               Due to divergent views on the classification of articles falling under CN subheadings 9619 00 71 to 9619 00 89 and in order to facilitate such classification throughout the territory of the Union, it is necessary to further clarify the scope of those new subheadings.

               (4)

               In the interest of legal certainty, it is thus necessary to insert a new additional note in Chapter 96 of the Combined Nomenclature to ensure a uniform interpretation of those subheadings throughout the Union.

               (5)

               Annex I to Regulation (EEC) No 2658/87 should therefore be amended accordingly.

               (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
   In Chapter 96 of Part Two of the Combined Nomenclature set out in Annex I to Regulation (EEC) No 2658/87, the following Additional note 1 is inserted:

                  ‘1.

                  Subheadings 9619 00 71 to 9619 00 89 include goods of paper pulp, paper, cellulose wadding or webs of cellulose fibres.
                  Those subheadings also include composite goods consisting of the following:

                              (a)

                              an inner layer (for example, of nonwovens) designed to wick fluid from the wearer's skin and thereby prevent chafing;

                              (b)

                              an absorbent core for collecting and storing the fluid until the product can be disposed of;

                              (c)

                              an outer layer (for example, of plastics) to prevent leakage of the fluid from the absorbent core.’

   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, 5 August 2014.

            For the Commission,

            On behalf of the President,

         Martine REICHERTS

            Member of the Commission

      (1)  OJ L 256, 7.9.1987, p. 1.

      (2)  Council Regulation (EU) No 1326/2013 of 9 December 2013 amending Annex I to Regulation (EEC) No 2658/87 on the tariff and statistical nomenclature and on the Common Customs Tariff (OJ L 334, 13.12.2013, p. 4).


title: Commission Implementing Regulation (EU) No 1239/2012 of 19 December 2012 amending Regulation (EC) No 543/2008 laying down detailed rules for the application of Council Regulation (EC) No 1234/2007 as regards the marketing standards for poultrymeat

text:
               20.12.2012

               EN

               Official Journal of the European Union

               L 350/63

         COMMISSION IMPLEMENTING REGULATION (EU) No 1239/2012
   of 19 December 2012
   amending Regulation (EC) No 543/2008 laying down detailed rules for the application of Council Regulation (EC) No 1234/2007 as regards the marketing standards for poultrymeat
   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 121(e), in conjunction with Article 4 thereof,
   Whereas:

               (1)

               Article 15(1) and Article 20(1) of Commission Regulation (EC) No 543/2008 (2) establish that frozen and quick-frozen chickens and certain poultry cuts may be marketed within the Union only if the water content does not exceed the technically unavoidable values determined by the methods of analysis described in Annexes VI, VII and VIII to that Regulation, respectively.

               (2)

               Article 16(1) of Regulation (EC) No 543/2008 provides that regular checks in accordance with Annex IX to that Regulation on the water absorbed or checks in accordance with Annex VI to that Regulation are to be carried out in the slaughterhouses.

               (3)

               Annexes VI and VII to Regulation (EC) No 543/2008 provide limit values for the water content of frozen and quick frozen chicken carcases, Annex VIII to that Regulation provides limit values for the water content of certain poultry cuts and Annex IX to that Regulation provides limit values for the water content of fresh poultrymeat in checks on the absorption of water in the production establishment. These limit values are all fixed by reference to three methods of chilling defined in Article 10 of that Regulation, namely air chilling, air-spray chilling and immersion chilling.

               (4)

               New technologies have given rise to the development of new chilling methods for which the same rules should apply as for the chilling methods defined in Article 10 of Regulation (EC) No 543/2008. Therefore, it is necessary to set down the limit values that will apply when new chilling methods are used.

               (5)

               Given that the new technologies for chilling poultry carcases are explored in order to improve the overall quality of poultrymeat, the limit values for these new chilling methods should not exceed the lowest limit values established for the air chilling method.

               (6)

               Annex XI to Regulation (EC) No 543/2008 contains the list of national reference laboratories. The competent authorities of Malta have notified the Commission of the new designation of their national reference laboratory.

               (7)

               Regulation (EC) No 543/2008 should therefore be amended accordingly.

               (8)

               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
   Annexes VI to IX and Annex XI to Regulation (EC) No 543/2008 are amended in accordance with the Annex to this Regulation.
   Article 2
   This Regulation shall enter into force on the seventh day following that of its publication in the Official Journal of the European Union.

      This Regulation shall be binding in its entirety and directly applicable in all Member States.
      Done at Brussels, 19 December 2012.

            For the Commission

            The President

         José Manuel BARROSO

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

      (2)  OJ L 157, 17.6.2008, p. 46.

      ANNEX
      Annexes VI to IX and Annex XI to Regulation (EC) No 543/2008 are amended as follows:

                  (1)

                  in Annex VI, point 7 is replaced by the following:
                  ‘7.   Evaluation of result

                  If the average water loss on thawing for the 20 carcases in the sample exceeds the percentages given below, it is considered that the amount of water absorbed during processing exceeds the permissible limit.
                  The percentages are, in the case of:

                              air chilling: 1,5 %,

                              air spray chilling: 3,3 %,

                              immersion chilling: 5,1 %.

                              other chilling method or a combination of two or more of the methods defined in Article 10: 1,5 %.’;

                  (2)

                  in Annex VII, point 6 is replaced by the following:
                  ‘6.   Calculation of results

                              6.1.

                                          (a)

                                          The weight of water (W) in each carcase is given by aP1/100 and the weight of protein (RP) by bP1/100, both of which are expressed in grams. The sums of the weights of water (W7) and the weights of protein (RP7) in the seven carcases analysed are determined.

                                          (b)

                                          In the case of a composite sample analysis, the average content of water and protein from the two samples analysed is determined to give a % and b %, respectively. The weight of the water (W7) in the seven carcases is given by aP7/100, and the weight of protein (RP7) by bP7/100, both of which are expressed in grams.

                              6.2.

                              The average weight of water (WA) and protein (RPA) is calculated by dividing W7 and RP7, respectively, by seven.

                              6.3.

                              The theoretical physiological water content in grams as determined by this method may be calculated by the following formula:
                              chickens: .

                              6.4.

                                          (a)

                                          Air chilling
                                          Assuming that the minimum technically unavoidable water content absorbed during preparation amounts to 2 % (1), the highest permissible limit for the total water content (WG) in grams as determined by this method is given by the following formula (including confidence interval):
                                          chickens: .

                                          (b)

                                          Air-spray chilling
                                          Assuming that the minimum technically unavoidable water content absorbed during preparation amounts to 4,5 % (1), the highest permissible limit for the total water content (WG) in grams as determined by this method is given by the following formula (including confidence interval):
                                          chickens: .

                                          (c)

                                          Immersion chilling
                                          Assuming a technically unavoidable water absorption during preparation of 7 % (1) the highest permissible limit for the total water content (WG) in grams as determined by this method is given by the following formula (including confidence interval):
                                          chickens: .

                                          (d)

                                          Other chilling methods or a combination of two or more of the methods defined in Article 10
                                          Assuming that the minimum technically unavoidable water content absorbed during preparation amounts to 2 % (1), the highest permissible limit for the total water content (WG) in grams as determined by this method is given by the following formula (including confidence interval):
                                          chickens: .

                              6.5.

                              If the average water content (WA) of the seven carcases as calculated under point 6.2 does not exceed the value given in point 6.4 (WG), the quantity of poultry subjected to the check shall be considered up to standard.

                  (3)

                  in Annex VIII, point 6 is replaced by the following:
                  ‘6.   Calculation of results

                              6.1.

                                          (a)

                                          The weight of water (W) in each cut is given by aP1/100 and the weight of protein (RP) by bP1/100, both of which are expressed in grams.
                                          The sums of the weights of water (W5) and the weights of protein (RP5) in the five cuts analysed are determined.

                                          (b)

                                          In the case of a composite sample analysis, the average content of water and protein from the two samples analysed is determined to give a % and b %, respectively. The weight of the water (W5) in the five cuts is given by aP5/100, and the weight of protein (RP5) by bP5/100, both of which are expressed in grams.

                              6.2.

                              The average weight of water (WA) and protein (RPA) is calculated by dividing W5 and RP5 respectively, by five.

                              6.3.

                              The mean physiological W/RP ratio as determined by this method is as follows:

                                          chicken breast fillet: 3,19 ± 0,12,

                                          chicken legs and leg quarters: 3,78 ± 0,19,

                                          turkey breast fillet: 3,05 ± 0,15,

                                          turkey legs: 3,58 ± 0,15,

                                          deboned turkey leg meat: 3,65 ± 0,17.

                              6.4.

                              Assuming that the minimum technically unavoidable water content absorbed during preparation amounts to 2 %, 4 % or 6 % (2) depending on the type of products and chilling methods applied, the highest permissible W/RP ratios as determined by this method are as follows:

                                          Air chilled

                                          Air-spray chilled

                                          Immersion chilled

                                          Chicken breast fillet; without skin

                                          3,40

                                          3,40

                                          3,40

                                          Chicken breast; with skin

                                          3,40

                                          3,50

                                          3,60

                                          Chicken thighs, drumsticks, legs, legs with a portion of the back, leg quarters, with skin

                                          4,05

                                          4,15

                                          4,30

                                          Turkey breast fillet; without skin

                                          3,40

                                          3,40

                                          3,40

                                          Turkey breast, with skin

                                          3,40

                                          3,50

                                          3,60

                                          Turkey thighs, drumsticks, legs, with skin

                                          3,80

                                          3,90

                                          4,05

                                          Deboned turkey leg meat, without skin

                                          3,95

                                          3,95

                                          3,95

                                    In case of other chilling methods or a combination of two or more of the methods defined in Article 10, the unavoidable water content is assumed to amount to 2 % and the highest permissible W/PR ratios are those fixed for the air chilling method in the table above.
                              If the average WA/RPA ratio of the five cuts as calculated from the values under point 6.2 does not exceed the ratio given in point 6.4, the quantity of poultry cuts subjected to the check is considered up to standard.

                  (4)

                  in Annex IX, the following point 11 is added:

                              ‘11.

                              In cases where carcases are chilled with an other chilling method or a combination of two or more of the methods defined in Article 10, the maximum percentage of water content shall not exceed 0 % of the original weight of the carcase.’;

                  (5)

                  in Annex XI, the entry concerning Malta is replaced by the following:
                  ‘Malta

                              MCCAA Laboratory Services Directorate

                              Standards and Metrology Institute

                              Malta Competition and Consumer Affairs Authority

                              F22, Mosta Technopark

                              Mosta MST3000

                              Malta’

         (1)  Calculated on the basis of the carcase, exclusive of absorbed extraneous water.;

         (2)  Calculated on the basis of the cut, exclusive of absorbed extraneous water. For (skinless) fillet and deboned turkey leg meat, the percentage is 2 % for each of the chilling methods.’;


title: Commission Implementing Regulation (EU) No 276/2012 of 27 March 2012 amending the representative prices and additional import duties for certain products in the sugar sector fixed by Implementing Regulation (EU) No 971/2011 for the 2011/12 marketing year

text:
               28.3.2012

               EN

               Official Journal of the European Union

               L 90/19

         COMMISSION IMPLEMENTING REGULATION (EU) No 276/2012
   of 27 March 2012
   amending the representative prices and additional import duties for certain products in the sugar sector fixed by Implementing Regulation (EU) No 971/2011 for the 2011/12 marketing year
   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 Regulation (EC) No 951/2006 of 30 June 2006 laying down detailed rules for the implementation of Council Regulation (EC) No 318/2006 as regards trade with third countries in the sugar sector (2), and in particular Article 36(2), second subparagraph, second sentence thereof,
   Whereas:

               (1)

               The representative prices and additional duties applicable to imports of white sugar, raw sugar and certain syrups for the 2011/12 marketing year are fixed by Commission Implementing Regulation (EU) No 971/2011 (3). Those prices and duties were last amended by Commission Implementing Regulation (EU) No 255/2012 (4).

               (2)

               The data currently available to the Commission indicate that those amounts should be amended in accordance with Article 36 of Regulation (EC) No 951/2006.

               (3)

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

         HAS ADOPTED THIS REGULATION:
   Article 1
   The representative prices and additional duties applicable to imports of the products referred to in Article 36 of Regulation (EC) No 951/2006, as fixed by Implementing Regulation (EU) No 971/2011 for the 2011/12 marketing year, are hereby amended as set out in the Annex hereto.
   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, 27 March 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 178, 1.7.2006, p. 24.

      (3)  OJ L 254, 30.9.2011, p. 12.

      (4)  OJ L 84, 23.3.2012, p. 28.

      ANNEX

         Amended representative prices and additional import duties applicable to white sugar, raw sugar and products covered by CN code 1702 90 95 from 28 March 2012

                  (EUR)

                  CN code

                  Representative price per 100 kg net of the product concerned

                  Additional duty per 100 kg net of the product concerned

                  1701 12 10 (1)

                  43,14

                  0,00

                  1701 12 90 (1)

                  43,14

                  1,67

                  1701 13 10 (1)

                  43,14

                  0,00

                  1701 13 90 (1)

                  43,14

                  1,96

                  1701 14 10 (1)

                  43,14

                  0,00

                  1701 14 90 (1)

                  43,14

                  1,96

                  1701 91 00 (2)

                  49,59

                  2,59

                  1701 99 10 (2)

                  49,59

                  0,00

                  1701 99 90 (2)

                  49,59

                  0,00

                  1702 90 95 (3)

                  0,50

                  0,22

         (1)  For the standard quality defined in point III of Annex IV to Regulation (EC) No 1234/2007.

         (2)  For the standard quality defined in point II of Annex IV to Regulation (EC) No 1234/2007.

         (3)  Per 1 % sucrose content.


title: Commission Implementing Regulation (EU) 2016/1935 of 4 November 2016 approving calcium dihydroxide (hydrated lime) as an existing active substance for use in biocidal products of product-types 2 and 3 (Text with EEA relevance )

text:
               5.11.2016

               EN

               Official Journal of the European Union

               L 299/45

         COMMISSION IMPLEMENTING REGULATION (EU) 2016/1935
   of 4 November 2016
   approving calcium dihydroxide (hydrated lime) as an existing active substance for use in biocidal products of product-types 2 and 3
   (Text with EEA relevance)
   THE EUROPEAN COMMISSION,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to Regulation (EU) No 528/2012 of the European Parliament and of the Council of 22 May 2012 concerning the making available on the market and use of biocidal products (1), and in particular the third subparagraph of Article 89(1) thereof,
   Whereas:

               (1)

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

               (2)

               Calcium dihydroxide (hydrated lime) has been evaluated in accordance with Article 16(2) of Directive 98/8/EC of the European Parliament and of the Council (3) for use in products of product-type 2, disinfectants and algaecides not intended for direct application to humans or animals, and product-type 3, veterinary hygiene, as described in Annex V to that Directive, which correspond to product-types 2 and 3 respectively, as described in Annex V to Regulation (EU) No 528/2012.

               (3)

               The United Kingdom was designated as evaluating competent authority and submitted the assessment reports together with its recommendations on 19 September 2011.

               (4)

               In accordance with Article 7(2) of Delegated Regulation (EU) No 1062/2014, the opinions of the European Chemicals Agency were formulated on 14 April 2016 by the Biocidal Products Committee, having regard to the conclusions of the evaluating competent authority.

               (5)

               According to those opinions, biocidal products of product-types 2 and 3 and containing calcium dihydroxide (hydrated lime) may be expected to satisfy the requirements of Article 5 of Directive 98/8/EC, provided that certain specifications and conditions concerning their use are complied with.

               (6)

               It is therefore appropriate to approve calcium dihydroxide (hydrated lime) for use in biocidal products of product-types 2 and 3, subject to compliance with certain specifications and conditions.

               (7)

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

               (8)

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

         HAS ADOPTED THIS REGULATION:
   Article 1
   Calcium dihydroxide (hydrated lime) is approved as an active substance for use in biocidal products of product-types 2 and 3, subject to the specifications and conditions set out in the Annex.
   Article 2
   This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.

      This Regulation shall be binding in its entirety and directly applicable in all Member States.
      Done at Brussels, 4 November 2016.

            For the Commission

            The President

         Jean-Claude JUNCKER

      (1)  OJ L 167, 27.6.2012, p. 1.

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

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

      ANNEX

                  Common Name

                  IUPAC Name
                  Identification Numbers

                  Minimum degree of purity of the active substance (1)

                  Date of approval

                  Expiry date of approval

                  Product type

                  Specific conditions

                  Calcium dihydroxide (hydrated lime)

                  IUPAC Name:
                  Calcium dihydroxide
                  EC No: 215-137-3
                  CAS No: 1305-62-0

                  800 g/kg
                  (the value provides the content of Ca expressed as Ca(OH)2)

                  1 May 2018

                  30 April 2028

                  2

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

                              1.

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

                              2.

                              In view of the risks identified for the uses assessed, the product assessment shall pay particular attention to industrial and professional users.

                  3

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

                              1.

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

                              2.

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

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


title: Commission Implementing Regulation (EU) No 327/2013 of 8 April 2013 concerning the classification of certain goods in the Combined Nomenclature

text:
               11.4.2013

               EN

               Official Journal of the European Union

               L 102/8

         COMMISSION IMPLEMENTING REGULATION (EU) No 327/2013
   of 8 April 2013
   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, 8 April 2013.

            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

                  Product description

                  Classification
                  (CN code)

                  Reasons

                  (1)

                  (2)

                  (3)

                  A product presented in the form of rolls (18 mm × 200 mm), put up for retail sale in a box containing 10 rolls. Each roll weighs 28 g and consists of the following components (% by weight):

                              —

                              dried mugwort (Artemisia vulgaris) leaves

                              95

                              —

                              other dried herbs (such as salvia)

                              5

                        The product is used for the treatment of patients: the rolls are lit and held close to the skin of the patient on specific acupuncture points and are burned to create deeply penetrating heat.

                  1404 90 00

                  Classification is determined by the General Rules 1 and 6 for the interpretation of the Combined Nomenclature, Additional Note 1 to Chapter 30 and the wording of CN codes 1404 and 1404 90 00.
                  The product consists of different kinds of plants. Consequently, classification as plants and parts of plants of a kind under heading 1211 is excluded (see also the Harmonised System Explanatory Notes to heading 1211).
                  The product is not intended for human consumption. Consequently classification under heading 2106 is excluded.
                  The product does not meet the requirements of Additional Note 1 to Chapter 30. Consequently, it cannot be classified under heading 3004 as a herbal or homeopathic medicinal preparation.
                  The product is not used as perfumery, cosmetics or toilet preparations. Consequently, classification under heading 3307 is excluded.
                  The product is therefore to be classified as vegetable products not elsewhere specified or included under CN code 1404 90 00.


title: Commission Implementing Regulation (EU) 2016/1369 of 11 August 2016 amending Implementing Regulation (EU) 2016/388 imposing a definitive anti-dumping duty on imports of tubes and pipes of ductile cast iron (also known as spheroidal graphite cast iron) originating in India

text:
                  12.8.2016

                  EN

                  Official Journal of the European Union

                  L 217/4

            COMMISSION IMPLEMENTING REGULATION (EU) 2016/1369
      of 11 August 2016
      amending Implementing Regulation (EU) 2016/388 imposing a definitive anti-dumping duty on imports of tubes and pipes of ductile cast iron (also known as spheroidal graphite cast iron) originating in India
      THE EUROPEAN COMMISSION,
      Having regard to the Treaty on the Functioning of the European Union,
      Having regard to Regulation (EU) 2016/1036 of the European Parliament and of the Council of 8 June 2016 on protection against dumped imports from countries not members of the European Union (1) (‘the basic anti-dumping Regulation’), and in particular Article 9(4) thereof,
      Whereas:

                  (1)

                  On 20 December 2014, the European Commission (‘the Commission’) initiated an anti-dumping investigation with regard to imports into the Union of tubes and pipes of ductile cast iron (also known as spheroidal graphite cast iron) originating in India. On 11 March 2015, the Commission initiated an anti-subsidy investigation with regard to imports into the Union of the same product originating in India.

                  (2)

                  On 18 September 2015 the Commission adopted Implementing Regulation (EU) 2015/1559 (2) (‘the provisional anti-dumping Regulation’). The Commission did not impose a provisional countervailing duty on imports of tubes and pipes of ductile cast iron originating in India.

                  (3)

                  On 17 March 2016 the Commission adopted Implementing Regulation (EU) 2016/388 (3) (‘the definitive anti-dumping Regulation’) and Implementing Regulation (EU) 2016/387 (4) (‘the definitive countervailing Regulation’).

                  (4)

                  In line with the basic anti-dumping Regulation and Regulation (EU) 2016/1037 of the European Parliament and of the Council (5) (‘the basic anti-subsidy Regulation’) export subsidies and dumping margins cannot be cumulated as export subsidies cause dumping. Export subsidies reduce export prices and increase dumping margins. Therefore, the Commission took account of the fact that three of the investigated subsidy schemes were export subsidies. The Commission reduced the definitive anti-dumping duties in the anti-dumping investigation by the export subsidy amounts found in the parallel anti-subsidy investigation (6).

                  (5)

                  The definitive anti-dumping duty was determined at 0 % for Electrosteel Castings Ltd (‘ECL’) and 14,1 % for Jindal Saw Ltd (‘Jindal’) and all other companies in the definitive anti-dumping Regulation (7). The dumping margin was determined at 4,1 % for ECL and 19,0 % for Jindal and all other companies in the same Regulation (8). Therefore, the imposed definitive anti-dumping duty was below the level of definitive dumping margin found for the two companies.

                  (6)

                  Article 2 of the definitive anti-dumping Regulation stipulated that the amounts secured in excess of the combined rates of the anti-dumping duties and countervailing duties shall be released. However, a number of national customs authorities have indicated to the Commission that this provision, in its current drafting, creates some confusion in terms of actual implementation in the specific circumstances of the case.

                  (7)

                  Therefore, Article 2 of the definitive anti-dumping Regulation should be amended, so as to make clear that the amounts secured in excess of only the dumping margin have to be released, as no provisional countervailing duties were imposed.

                  (8)

                  If the amount of the provisional duties definitively collected under Article 2 of the definitive anti-dumping Regulation exceeds those due under the present regulation, that amount should be repaid or remitted.

                  (9)

                  With regard to the product concerned, the Commission excluded the tubes and pipes of ductile cast iron without internal and external coating (‘bare pipes’) from the product concerned in the definitive anti-dumping and countervailing Regulations (9). The Commission considers it appropriate to monitor the imports of bare pipes in the Union. Therefore, separate TARIC codes will be established for bare pipes.

                  (10)

                  This amendment was disclosed to the interested parties and they were given the opportunity to comment. No comments were received objecting to the amendment.

                  (11)

                  The measures provided for in this Regulation are in accordance with the opinion of the Committee established by Article 15(1) of Regulation (EU) 2016/1036,

            HAS ADOPTED THIS REGULATION:
      Article 1
      Commission Implementing Regulation (EU) 2016/388 is amended as follows:

                  (1)

                  Article 2 is replaced by the following:
                  ‘Article 2
                  The amounts secured by way of the provisional anti-dumping duties pursuant to Implementing Regulation (EU) 2015/1559 shall be definitively collected at the following rates, which equal the definitive dumping margins found:

                              Company

                              Electrosteel Castings Ltd

                              4,1 %

                              Jindal Saw Limited

                              19 %

                              All other companies

                              19 %’

                  (2)

                  the following Articles 1a and 1b are inserted:
                  ‘Article 1a
                  Tubes and pipes of ductile cast iron without internal and external coating (“bare pipes”) shall fall within TARIC codes 7303001020 and 7303009020.
                  Article 1b
                  The amount of duties paid or entered into the accounts under Article 2 and which exceeds those as established in accordance with Article 1 shall be repaid or remitted.
                  Repayment and remission shall be requested from national customs authorities in accordance with applicable customs legislation within a period as set out in Article 236 of Council Regulation (EEC) No 2913/92 (*) and in Article 121 of Regulation (EU) No 952/2013 of the European Parliament and of the Council (**).

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

                     (**)  Regulation (EU) No 952/2013 of the European Parliament and of the Council of 9 October 2013 laying down the Union Customs Code (OJ L 269, 10.10.2013, p. 1).’."

            Article 2
      This Regulation shall enter into force on the day following that of its publication in the Official Journal of the European Union.
      It shall apply retroactively as from 19 March 2016, with the exception of the establishment of TARIC codes 7303001020 and 7303009020.

         This Regulation shall be binding in its entirety and directly applicable in all Member States.
         Done at Brussels, 11 August 2016.

               For the Commission

               The President

            Jean-Claude JUNCKER

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

         (2)  Commission Implementing Regulation (EU) 2015/1559 of 18 September 2015 imposing a provisional anti-dumping duty on imports of tubes and pipes of ductile cast iron (also known as spheroidal graphite cast iron), originating in India (OJ L 244, 19.9.2015, p. 25).

         (3)  Commission Implementing Regulation (EU) 2016/388 of 17 March 2016 imposing a definitive anti-dumping duty on imports of tubes and pipes of ductile cast iron (also known as spheroidal graphite cast iron) originating in India (OJ L 73, 18.3.2016, p. 53).

         (4)  Commission Implementing Regulation (EU) 2016/387 of 17 March 2016 imposing a definitive countervailing duty on imports of tubes and pipes of ductile cast iron (also known as spheroidal graphite cast iron), originating in India (OJ L 73, 18.3.2016, p. 1).

         (5)  Regulation (EU) 2016/1037 of the European Parliament and of the Council of 8 June 2016 on protection against subsidised imports from countries not members of the European Union (OJ L 176, 30.6.2016, p. 55).

         (6)  See recital 160 of the definitive anti-dumping Regulation.

         (7)  See Article 1(2) of the definitive anti-dumping Regulation.

         (8)  See recital 160 of the definitive anti-dumping Regulation.

         (9)  See Article 1 and recitals 13-18 of the definitive anti-dumping regulation and Article 1 and recitals 24-29 of the definitive countervailing Regulation.


title: Commission Implementing Regulation (EU) No 256/2011 of 15 March 2011 fixing the import duties in the cereals sector applicable from 16 March 2011

text:
               16.3.2011

               EN

               Official Journal of the European Union

               L 69/17

         COMMISSION IMPLEMENTING REGULATION (EU) No 256/2011
   of 15 March 2011
   fixing the import duties in the cereals sector applicable from 16 March 2011
   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 Regulation (EU) No 642/2010 of 20 July 2010 laying down detailed rules for the application of Council Regulation (EC) No 1234/2007 in respect of import duties in the cereals sector (2), and in particular Article 2(1) thereof,
   Whereas:

               (1)

               Article 136(1) of Regulation (EC) No 1234/2007 states that the import duty on products falling within CN codes 1001 10 00, 1001 90 91, ex 1001 90 99 (high quality common wheat), 1002, ex 1005 other than hybrid seed, and ex 1007 other than hybrids for sowing, is to be equal to the intervention price valid for such products on importation increased by 55 %, minus the cif import price applicable to the consignment in question. However, that duty may not exceed the rate of duty in the Common Customs Tariff.

               (2)

               Article 136(2) of Regulation (EC) No 1234/2007 lays down that, for the purposes of calculating the import duty referred to in paragraph 1 of that Article, representative cif import prices are to be established on a regular basis for the products in question.

               (3)

               Pursuant to Article 2(2) of Regulation (EU) No 642/2010, the price to be used for the calculation of the import duty on products of CN codes 1001 10 00, 1001 90 91, ex 1001 90 99 (high quality common wheat), 1002 00, 1005 10 90, 1005 90 00 and 1007 00 90 is the daily cif representative import price determined as specified in Article 5 of that Regulation.

               (4)

               Import duties should be fixed for the period from 16 March 2011 and should apply until new import duties are fixed and enter into force,

         HAS ADOPTED THIS REGULATION:
   Article 1
   From 16 March 2011, the import duties in the cereals sector referred to in Article 136(1) of Regulation (EC) No 1234/2007 shall be those fixed in Annex I to this Regulation on the basis of the information contained in Annex II.
   Article 2
   This Regulation shall enter into force on 16 March 2011.

      This Regulation shall be binding in its entirety and directly applicable in all Member States.
      Done at Brussels, 15 March 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 187, 21.7.2010, p. 5.

      ANNEX I

         Import duties on the products referred to in Article 136(1) of Regulation (EC) No 1234/2007 applicable from 16 March 2011

                  CN code

                  Description

                  Import duties (1)

                  (EUR/t)

                  1001 10 00

                  Durum wheat, high quality

                  0,00

                  medium quality

                  0,00

                  low quality

                  0,00

                  1001 90 91

                  Common wheat seed

                  0,00

                  ex 1001 90 99

                  High quality common wheat, other than for sowing

                  0,00

                  1002 00 00

                  Rye

                  0,00

                  1005 10 90

                  Maize seed, other than hybrid

                  0,00

                  1005 90 00

                  Maize, other than seed (2)

                  0,00

                  1007 00 90

                  Grain sorghum, other than hybrids for sowing

                  0,00

         (1)  For goods arriving in the Union via the Atlantic Ocean or via the Suez Canal the importer may benefit, persuant to Article 2(4) of Regulation (EU) No 642/2010, from a reduction in the duty of:

                  —

                  3 EUR/t, where the port of unloading is on the Mediterranean Sea, or on the Black Sea,

                  —

                  2 EUR/t, where the port of unloading is in Denmark, Estonia, Ireland, Latvia, Lithuania, Poland, Finland, Sweden, the United Kingdom, or on the Atlantic coast of the Iberian peninsula.

         (2)  The importer may benefit from a flatrate reduction of EUR 24 per tonne where the conditions laid down in Article 3 of Regulation (EU) No 642/2010 are met.

      ANNEX II

         Factors for calculating the duties laid down in Annex I

      1.3.2011-14.3.2011

                  1.

                  Averages over the reference period referred to in Article 2(2) of Regulation (EU) No 642/2010:

                              (EUR/t)

                              Common wheat (1)

                              Maize

                              Durum wheat, high quality

                              Durum wheat, medium quality (2)

                              Durum wheat, low quality (3)

                              Barley

                              Exchange

                              Minneapolis

                              Chicago

                              —

                              —

                              —

                              —

                              Quotation

                              256,33

                              200,16

                              —

                              —

                              —

                              —

                              Fob price USA

                              —

                              —

                              304,48

                              294,48

                              274,48

                              173,42

                              Gulf of Mexico premium

                              102,15

                              14,27

                              —

                              —

                              —

                              —

                              Great Lakes premium

                              —

                              —

                              —

                              —

                              —

                              —

                  2.

                  Averages over the reference period referred to in Article 2(2) of Regulation (EU) No 642/2010:

                              Freight costs: Gulf of Mexico–Rotterdam:

                              18,59 EUR/t

                              Freight costs: Great Lakes–Rotterdam:

                              — EUR/t

         (1)  Premium of 14 EUR/t incorporated (Article 5(3) of Regulation (EU) No 642/2010).

         (2)  Discount of 10 EUR/t (Article 5(3) of Regulation (EU) No 642/2010).

         (3)  Discount of 30 EUR/t (Article 5(3) of Regulation (EU) No 642/2010).