title: Commission Implementing Regulation (EU) 2018/1872 of 23 November 2018 derogating from Regulations (EC) Nos 2305/2003, 969/2006 and 1067/2008 and from Implementing Regulations (EU) 2015/2081 and (EU) No 2017/2200, Regulation (EC) No 1964/2006 and Implementing Regulation (EU) No 480/2012 and Regulation (EC) No 1918/2006 as regards the dates for lodging import licence applications and issuing import licences in 2019 under tariff quotas for cereals, rice and olive oil, and derogating from Regulation (EU) 2016/2080 as regards the period for examination of offers for the sale by tender of powdered skimmed milk under public intervention in 2019

text:
                  30.11.2018

                  EN

                  Official Journal of the European Union

                  L 306/9

         COMMISSION IMPLEMENTING REGULATION (EU) 2018/1872
         of 23 November 2018
         derogating from Regulations (EC) Nos 2305/2003, 969/2006 and 1067/2008 and from Implementing Regulations (EU) 2015/2081 and (EU) No 2017/2200, Regulation (EC) No 1964/2006 and Implementing Regulation (EU) No 480/2012 and Regulation (EC) No 1918/2006 as regards the dates for lodging import licence applications and issuing import licences in 2019 under tariff quotas for cereals, rice and olive oil, and derogating from Regulation (EU) 2016/2080 as regards the period for examination of offers for the sale by tender of powdered skimmed milk under public intervention in 2019
         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 187(e) thereof,
         Having regard to Commission Implementing Regulation (EU) 2016/1240 of 18 May 2016 laying down rules for the application of Regulation (EU) No 1308/2013 of the European Parliament and of the Council with regard to public intervention and aid for private storage (2), and in particular Article 28 thereof,
         Whereas:

                     (1)

                     Commission Regulations (EC) Nos 2305/2003 (3), 969/2006 (4) and 1067/2008 (5) and Commission Implementing Regulations (EU) 2015/2081 (6) and 2017/2200 (7) lay down specific provisions on the lodging of import licence applications and the issuing of import licences for barley under quota 09.4126, maize under quota 09.4131 and common wheat of a quality other than high quality under quotas 09.4123, 09.4124, 09.4125 and 09.4133 and for certain cereals originating in Ukraine under quotas 09.4306, 09.4307, 09.4308, 09.4277, 09.4278 and 09.4279.

                     (2)

                     Commission Regulation (EC) No 1964/2006 (8) and Commission Implementing Regulation (EU) No 480/2012 (9) lay down specific provisions on the lodging of import licence applications and the issuing of import licences for rice originating in Bangladesh under quota 09.4517 and broken rice under quota 09.4079.

                     (3)

                     Commission Regulation (EC) No 1918/2006 (10) lays down specific provisions on the lodging of import licence applications and the issuing of import licences for olive oil originating in Tunisia under quota 09.4032.

                     (4)

                     Commission Implementing Regulation (EU) 2016/2080 (11) lays down specific provisions regarding the deadline for the submission of tenders for sales of skimmed milk powder by a tendering procedure.

                     (5)

                     In view of the public holidays in 2019, derogations should be made, at certain times, from Regulations (EC) Nos 2305/2003, 969/2006, 1067/2008, Implementing Regulations (EU) 2015/2081 and (EU) No 2017/2200, Regulation (EC) No 1964/2006, Implementing Regulation (EU) No 480/2012 and Regulation (EC) No 1918/2006 as regards the dates for lodging import licence applications and issuing import licences in order to ensure compliance with the quota volumes in question.

                     (6)

                     In view of the public holidays in 2019, derogations should be made, at certain times, from Implementing Regulation (EU) 2016/2080 as regards the dates for the submission of tenders and the examination of those tenders.

                     (7)

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

               HAS ADOPTED THIS REGULATION:

            Article 1
            Cereals

               1.   For 2019, by way of derogation from the second subparagraph of Article 3(1) of Regulation (EC) No 2305/2003, import licence applications for barley under quota 09.4126 may not be lodged after 13.00 (Brussels time) on Friday 13 December 2019.

               2.   For 2019, by way of derogation from the second subparagraph of Article 4(1) of Regulation (EC) No 969/2006, import licence applications for maize under quota 09.4131 may not be lodged after 13.00 (Brussels time) on Friday 13 December 2019.

               3.   For 2019, by way of derogation from the second subparagraph of Article 4(1) of Regulation (EC) No 1067/2008, import licence applications for common wheat of a quality other than high quality under quotas 09.4123, 09.4124, 09.4125 and 09.4133 may not be lodged after 13.00 (Brussels time) on Friday 13 December 2019.

               4.   For 2019, by way of derogation from the second subparagraph of Article 2(1) of Implementing Regulation (EU) 2015/2081, import licence applications for cereals originating in Ukraine under quotas 09.4306, 09.4307 and 09.4308 may not be lodged after 13.00 (Brussels time) on Friday 13 December 2019.

               5.   For 2019, by way of derogation from the second subparagraph of Article 2(1) of Implementing Regulation (EU) 2017/2200, import licence applications for cereals originating in Ukraine under quotas 09.4277, 09.4278 and 09.4279 may not be lodged after 13.00 (Brussels time) on Friday 13 December 2019.

            Article 2
            Rice

               1.   For 2019, by way of derogation from the first subparagraph of Article 4(3) of Regulation (EC) No 1964/2006, import licence applications for rice originating in Bangladesh under quota 09.4517 may not be lodged after 13.00 (Brussels time) on Friday 6 December 2019.

               2.   For 2019, by way of derogation from the third subparagraph of Article 2(1) of Implementing Regulation (EU) No 480/2012, import licence applications for broken rice under quota 09.4079 may not be lodged after 13.00 (Brussels time) on Friday 6 December 2019.

            Article 3
            Olive oil
            For 2019, by way of derogation from Article 3(1) of Regulation (EC) No 1918/2006, import licence applications for olive oil originating in Tunisia may not be lodged after Tuesday 10 December 2019.

            Article 4
            Tender for the sale of skimmed milk powder by a tendering procedure
            For 2019, by way of derogation from Article 2(2) of Implementing Regulation (EU) 2016/2080, the deadline for the submission of tenders for the partial invitations to tender in January shall be 11.00 (Brussels time) on the second and fourth Tuesday of the month.

            Article 5
            Entry into force
            This Regulation shall enter into force on the third day following that of its publication in the Official Journal of the European Union.
            It shall expire on 1 January 2020.

            This Regulation shall be binding in its entirety and directly applicable in all Member States.
            Done at Brussels, 23 November 2018.

                  For the Commission,

                  On behalf of the President,

               Jerzy PLEWA

                  Director-General

                  Directorate-General for Agriculture and Rural Development

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

            (2)  OJ L 206, 30.7.2016, p. 71.

            (3)  Commission Regulation (EC) No 2305/2003 of 29 December 2003 opening and providing for the administration of a Community tariff quota for imports of barley from third countries (OJ L 342, 30.12.2003, p. 7).

            (4)  Commission Regulation (EC) No 969/2006 of 29 June 2006 opening and providing for the administration of a Community tariff quota for imports of maize from third countries (OJ L 176, 30.6.2006, p. 44).

            (5)  Commission Regulation (EC) No 1067/2008 of 30 October 2008 opening and providing for the administration of Community tariff quotas for common wheat of a quality other than high quality from third countries and derogating from Council Regulation (EC) No 1234/2007 (OJ L 290, 31.10.2008, p. 3).

            (6)  Commission Implementing Regulation (EU) 2015/2081 of 18 November 2015 opening and providing for the administration of import tariff quotas for certain cereals originating in Ukraine (OJ L 302, 19.11.2015, p. 81).

            (7)  Commission Implementing Regulation (EU) 2017/2200 of 28 November 2017 opening and providing for the administration of import tariff quotas of certain cereals from Ukraine (OJ L 313, 29.11.2017, p. 1).

            (8)  Commission Regulation (EC) No 1964/2006 of 22 December 2006 laying down detailed rules for the opening and administration of an import quota for rice originating in Bangladesh, pursuant to Council Regulation (EEC) No 3491/90 (OJ L 408, 30.12.2006, p. 19).

            (9)  Commission Implementing Regulation (EU) No 480/2012 of 7 June 2012 opening and providing for the management of a tariff quota for broken rice of CN code 1006 40 00 for production of food preparations of CN code 1901 10 00 (OJ L 148, 8.6.2012, p. 1).

            (10)  Commission Regulation (EC) No 1918/2006 of 20 December 2006 opening and providing for the administration of tariff quota for olive oil originating in Tunisia (OJ L 365, 21.12.2006, p. 84).

            (11)  Commission Implementing Regulation (EU) 2016/2080 of 25 November 2016 opening the sale of skimmed milk powder by a tendering procedure (OJ L 321, 29.11.2016, p. 45).


title: Commission Implementing Regulation (EU) 2018/1873 of 28 November 2018 amending Regulation (EC) No 1484/95 as regards fixing representative prices in the poultrymeat and egg sectors and for egg albumin

text:
                  30.11.2018

                  EN

                  Official Journal of the European Union

                  L 306/12

         COMMISSION IMPLEMENTING REGULATION (EU) 2018/1873
         of 28 November 2018
         amending Regulation (EC) No 1484/95 as regards fixing representative prices in the poultrymeat and egg sectors and for egg albumin
         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 183(b) thereof,
         Having regard to Regulation (EU) No 510/2014 of the European Parliament and of the Council of 16 April 2014 laying down the trade arrangements applicable to certain goods resulting from the processing of agricultural products and repealing Council Regulations (EC) No 1216/2009 and (EC) No 614/2009 (2), and in particular Article 5(6)(a) thereof,
         Whereas:

                     (1)

                     Commission Regulation (EC) No 1484/95 (3) lays down detailed rules for implementing the system of additional import duties and fixes representative prices in the poultrymeat and egg sectors and for egg albumin.

                     (2)

                     Regular monitoring of the data used to determine representative prices for poultrymeat and egg products and for egg albumin shows that the representative import prices for certain products should be amended to take account of variations in price according to origin.

                     (3)

                     Regulation (EC) No 1484/95 should therefore be amended accordingly.

                     (4)

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

               HAS ADOPTED THIS REGULATION:

            Article 1
            Annex I to Regulation (EC) No 1484/95 is replaced by the text set out in the Annex to this Regulation.

            Article 2
            This Regulation shall enter into force on the day of its publication in the Official Journal of the European Union.

            This Regulation shall be binding in its entirety and directly applicable in all Member States.
            Done at Brussels, 28 November 2018.

                  For the Commission,

                  On behalf of the President,

               Jerzy PLEWA

                  Director-General

                  Directorate-General for Agriculture and Rural Development

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

            (2)  OJ L 150, 20.5.2014, p. 1.

            (3)  Commission Regulation (EC) No 1484/95 of 28 June 1995 laying down detailed rules for implementing the system of additional import duties and fixing representative prices in the poultrymeat and egg sectors and for egg albumin, and repealing Regulation No 163/67/EEC (OJ L 145, 29.6.1995, p. 47).

            ANNEX

                     ‘ANNEX I

                                 CN code

                                 Description

                                 Representative price
                                 (EUR/100 kg)

                                 Security under Article 3
                                 (EUR/100 kg)

                                 Origin (1)

                                 0207 14 10

                                 Fowls of the species Gallus domesticus, boneless cuts, frozen

                                 260,1

                                 12

                                 AR

                                 222,8

                                 23

                                 BR

                                 333,4

                                 0

                                 CL

                                 256,7

                                 13

                                 TH

                                 0207 27 10

                                 Turkeys, boneless cuts, frozen

                                 311,9

                                 0

                                 BR

                                 362,7

                                 0

                                 CL

                                 1602 32 11

                                 Preparations of fowls of the species Gallus domesticus, uncooked

                                 269,1

                                 5

                                 BR

               ’

               (1)  Nomenclature of countries laid down by Commission Regulation (EU) No 1106/2012 of 27 November 2012 implementing Regulation (EC) No 471/2009 of the European Parliament and of the Council on Community statistics relating to external trade with non-member countries, as regards the update of the nomenclature of countries and territories (OJ L 328, 28.11.2012, p. 7).


title: Commission Implementing Regulation (EU) 2018/2044 of 19 December 2018 amending Regulation (EC) No 1484/95 as regards fixing representative prices in the poultrymeat and egg sectors and for egg albumin

text:
                  21.12.2018

                  EN

                  Official Journal of the European Union

                  L 327/63

         COMMISSION IMPLEMENTING REGULATION (EU) 2018/2044
         of 19 December 2018
         amending Regulation (EC) No 1484/95 as regards fixing representative prices in the poultrymeat and egg sectors and for egg albumin
         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 183(b) thereof,
         Having regard to Regulation (EU) No 510/2014 of the European Parliament and of the Council of 16 April 2014 laying down the trade arrangements applicable to certain goods resulting from the processing of agricultural products and repealing Council Regulations (EC) No 1216/2009 and (EC) No 614/2009 (2), and in particular Article 5(6)(a) thereof,
         Whereas:

                     (1)

                     Commission Regulation (EC) No 1484/95 (3) lays down detailed rules for implementing the system of additional import duties and fixes representative prices in the poultrymeat and egg sectors and for egg albumin.

                     (2)

                     Regular monitoring of the data used to determine representative prices for poultrymeat and egg products and for egg albumin shows that the representative import prices for certain products should be amended to take account of variations in price according to origin.

                     (3)

                     Regulation (EC) No 1484/95 should therefore be amended accordingly.

                     (4)

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

               HAS ADOPTED THIS REGULATION:

            Article 1
            Annex I to Regulation (EC) No 1484/95 is replaced by the text set out in the Annex to this Regulation.

            Article 2
            This Regulation shall enter into force on the day of its publication in the Official Journal of the European Union.

            This Regulation shall be binding in its entirety and directly applicable in all Member States.
            Done at Brussels, 19 December 2018.

                  For the Commission,

                  On behalf of the President,

               Jerzy PLEWA

                  Director-General

                  Directorate-General for Agriculture and Rural Development

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

            (2)  OJ L 150, 20.5.2014, p. 1.

            (3)  Commission Regulation (EC) No 1484/95 of 28 June 1995 laying down detailed rules for implementing the system of additional import duties and fixing representative prices in the poultrymeat and egg sectors and for egg albumin, and repealing Regulation No 163/67/EEC (OJ L 145, 29.6.1995, p. 47).

            ANNEX

                     ‘ANNEX I

                                 CN code

                                 Description

                                 Representative price
                                 (EUR/100 kg)

                                 Security under Article 3
                                 (EUR/100 kg)

                                 Origin (1)

                                 0207 12 90

                                 Fowls of the species Gallus domesticus, not cut in pieces, presented as “65 % chickens”, frozen

                                 113,4

                                 1

                                 AR

                                 0207 14 10

                                 Fowls of the species Gallus domesticus, boneless cuts, frozen

                                 271,2
                                 219,7
                                 333,0
                                 246,1

                                 9
                                 24
                                 0
                                 16

                                 AR
                                 BR
                                 CL
                                 TH

                                 0207 27 10

                                 Turkeys, boneless cuts, frozen

                                 340,2
                                 362,7

                                 0
                                 0

                                 BR
                                 CL

                                 1602 32 11

                                 Preparations of fowls of the species Gallus domesticus, uncooked

                                 308,2

                                 0

                                 BR

               ’

               (1)  Nomenclature of countries laid down by Commission Regulation (EU) No 1106/2012 of 27 November 2012 implementing Regulation (EC) No 471/2009 of the European Parliament and of the Council on Community statistics relating to external trade with non-member countries, as regards the update of the nomenclature of countries and territories (OJ L 328, 28.11.2012, p. 7).


title: Commission Implementing Regulation (EU) 2018/2041 of 17 December 2018 concerning the classification of certain goods in the Combined Nomenclature

text:
                  21.12.2018

                  EN

                  Official Journal of the European Union

                  L 327/50

         COMMISSION IMPLEMENTING REGULATION (EU) 2018/2041
         of 17 December 2018
         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 Regulation (EU) No 952/2013 of the European Parliament and of the Council of 9 October 2013 laying down the Union Customs Code (1), and in particular Article 57(4) and Article 58(2) thereof,
         Whereas:

                     (1)

                     In order to ensure uniform application of the Combined Nomenclature annexed to Council Regulation (EEC) No 2658/87 (2), it is necessary to adopt measures concerning the classification of the goods referred to in the Annex to this Regulation.

                     (2)

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

                     (3)

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

                     (4)

                     It is appropriate to provide that binding tariff information issued in respect of the goods concerned by this Regulation which does not conform to this Regulation may, for a certain period, continue to be invoked by the holder in accordance with Article 34(9) of Regulation (EU) No 952/2013. That period should be set at three months.

                     (5)

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

               HAS ADOPTED THIS REGULATION:

            Article 1
            The goods described in column (1) of the table set out in the Annex shall be classified within the Combined Nomenclature under the CN code indicated in column (2) of that table.

            Article 2
            Binding tariff information which does not conform to this Regulation may continue to be invoked in accordance with Article 34(9) of Regulation (EU) No 952/2013 for a period of three months from the date of entry into force of this Regulation.

            Article 3
            This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.

            This Regulation shall be binding in its entirety and directly applicable in all Member States.
            Done at Brussels, 17 December 2018.

                  For the Commission,

                  On behalf of the President,

               Stephen QUEST

                  Director-General

                  Directorate-General for Taxation and Customs Union

            (1)  OJ L 269, 10.10.2013, p. 1.

            (2)  Council Regulation (EEC) No 2658/87 of 23 July 1987 on the tariff and statistical nomenclature and on the Common Customs Tariff (OJ L 256, 7.9.1987, p. 1).

            ANNEX

                        Description of the goods

                        Classification
                        (CN-code)

                        Reasons

                        (1)

                        (2)

                        (3)

                        Cable connectors (‘male or female type’) for a voltage not exceeding 1 000  V, made of copper.
                        The article has either a plug (so-called male type connector) or a socket (so-called female type connector) on one side and on the other side a contact device in the form of a clip shielded with a layer of insulating material.
                        The article is used to connect wires or cables other than coaxial cables.
                        The article makes the connection by plugging the ‘male connector’ into the ‘female connector’ without using any tools.
                        See the image (*1)

                        8536 69 90

                        Classification is determined by general rules 1 and 6 for the interpretation of the Combined Nomenclature and by the wording of CN codes 8536 , 8536 69  and 8536 69 90 .
                        The article presents the objective characteristics of a plug (‘male type connector’) or a socket (‘female type connector’) fitted with another contact device (see also Harmonized System Explanatory Notes to heading 8536  group (III) letter (A), point (1), and also Explanatory Notes to the Combined Nomenclature to subheadings 8536 69 10  to 8536 69 90 ). Therefore its classification as other connections and contact elements for wire and cables under subheading 8536 90 10  is excluded.
                        Consequently, it is to be classified under CN code 8536 69 90  as other plugs and sockets.

               (*1)  The image is purely for information.


title: Commission Implementing Regulation (EU) 2018/2042 of 18 December 2018 amending Implementing Regulation (EU) 2017/1152 to clarify the WLTP test conditions and provide for the monitoring of type approval data (Text with EEA relevance.)

text:
                  21.12.2018

                  EN

                  Official Journal of the European Union

                  L 327/53

         COMMISSION IMPLEMENTING REGULATION (EU) 2018/2042
         of 18 December 2018
         amending Implementing Regulation (EU) 2017/1152 to clarify the WLTP test conditions and provide for the monitoring of type approval data
         (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 510/2011 of the European Parliament and of the Council of 11 May 2011 setting emission performance standards for new light commercial vehicles as part of the Union's integrated approach to reduce CO2 emissions from light-duty vehicles (1), and in particular the third subparagraph of Article 13(6) thereof,
         Whereas:

                     (1)

                     In order to take into account the difference in the level of CO2 emissions determined under the New European Test Cycle (NEDC) and those determined under the new Worldwide Harmonised Light Vehicle Test Procedure (WLTP), a methodology for correlating the CO2 emission values has been put in place through Commission Implementing Regulation (EU) 2017/1152 (2) with regard to light commercial vehicles.

                     (2)

                     The correlation methodology is to deliver results that ensure that the reduction requirements set out in Regulation (EU) No 510/2011 are of comparable stringency under the old and the new test procedures. Approval authorities and technical services should therefore, together with manufacturers, strive to ensure that WLTP and NEDC tests that are carried out for the purpose of this Regulation are performed under test conditions that are comparable and coherent with the objectives of this Regulation.

                     (3)

                     For that purpose, it is necessary to clarify certain aspects of the WLTP test conditions that should apply for the correlations performed in view of providing WLTP and NEDC monitoring CO2 emissions data for vehicles newly registered in 2020. Those clarifications should apply without prejudice to the procedure and requirements set out in Commission Regulation (EU) 2017/1151 (3) and without affecting the validity of any type approvals granted on that basis.

                     (4)

                     It is also necessary to determine the difference in 2020 between the CO2 emission values declared by the manufacturers for the purpose of the WLTP type approval with those measured pursuant to Regulation (EU) 2017/1151. Manufacturers should therefore be required to calculate and report to the Commission the WLTP CO2 values for all new light commercial vehicles registered in the calendar year 2020 using the measurement values for vehicle H and L as input to the interpolation method.

                     (5)

                     For a limited number of interpolation families, only vehicle H measurement values will be available in 2020. The number of those families should be closely monitored and the Commission should consider excluding those families from the calculation of the 2020 reference data, should there be a significant increase in the number of such families as compared to the 2018 situation.

                     (6)

                     The transparency in the emissions testing should be improved, and data on the WLTP tests as well as on the correlation results should therefore be made available to the Commission. This will allow the Commission to swiftly identify and address issues and possible inconsistencies relating to the implementation of the procedures. For that reason, the input data matrix should be completed for each WLTP test performed and be transmitted to the Commission in its entirety as part of the correlation tool data exchange. To ensure confidentiality, the input data file should be encrypted in view of its transmission.

                     (7)

                     The measures provided for in this Regulation are in accordance with the opinion of the Climate Change Committee,

               HAS ADOPTED THIS REGULATION:

            Article 1
            Implementing Regulation (EU) 2017/1152 is amended as follows:

                        (1)

                        the following Article 6a is added:

                           ‘Article 6a
                           Reporting of WLTP measurement results

                              1.   Manufacturers shall calculate the combined CO2 value for each new light commercial vehicle registered in 2020 in accordance with the formula set out in the second subparagraph of paragraph 3.2.3.2.4. of Sub-Annex 7 to Annex XXI to Regulation (EU) 2017/1151, where the terms MCO2-H and MCO2-L shall, for the interpolation family concerned, be replaced by the values MCO2,C,5 taken from the entries 2.5.1.1.3 (vehicle H) and 2.5.1.2.3 (vehicle L) of the EC type-approval certificate, as indicated in the model set out in appendix 4 to Annex I to Regulation (EU) 2017/1151.
                              Where the combined CO2 emissions of the individual vehicle are determined by reference to vehicle H only, the manufacturers shall provide the MCO2,C,5 value taken from the entry 2.5.1.1.3 (vehicle H) of the EC type approval certificate.
                              The manufacturer shall submit those CO2 emission values, together with the MCO2,C,5 values used for the calculation, to the Commission at the latest three months following receipt of the notification by the Commission of the provisional data for 2020 by uploading that data on the manufacturer's account in the Business Data Repository of the European Environment Agency.

                              2.   Where the data referred to in paragraph 1 is not submitted within the deadline indicated, the Commission shall take the value recorded in entry 2.5.1.2.3 of the EC type-approval certificate and consider that value as the combined CO2 emissions for the purposes of paragraph 1 for all new registered vehicles in the interpolation family for which the type approval certificate was issued, and where applicable for those families where only vehicle H measurements are available.’;

                        (2)

                        Annex I is amended as follows:

                                    (a)

                                    the following points 2.2a. and 2.2.b. are inserted:
                                    ‘2.2a.   WLTP test conditions
                                    In order for the WLTP test to be considered relevant in accordance with point 2.2 of Annex I to this Regulation and for the purpose of determining the input data set out in point 2.4, the test conditions set out in Annex XXI to Regulation (EU) 2017/1151 shall apply with the following precisions:

                                                (a)

                                                The correction of the WLTP test results for CO2 mass emissions in accordance with Appendix 2 to Sub-Annex 6 to Annex XXI to Regulation (EU) 2017/1151 shall apply to all such test results notwithstanding the provisions in point 3.4.4.(a) of that Appendix;

                                                (b)

                                                Without prejudice to the requirements of Regulation (EU) 2017/1151, if the test vehicle is fitted with technologies that influence its CO2 performance, including but not limited to those referred to in entries 42 to 50 of the input data matrix set out in point 2.4, and which are intended to function during the test, those technologies shall be operating during the vehicle test, regardless of the test procedure applied, i.e. NEDC or WLTP;

                                                (c)

                                                If the test vehicle is equipped with automated transmissions the same driver-selectable mode shall be used, regardless of the test procedure applied. Where the best-case and worst-case modes are used for the WLTP test in accordance with point 1.2(c) of Appendix 6 to Sub-Annex 8 to Annex XXI to Regulation (EU) 2017/1151, the worst case mode shall be used as input to the correlation tool as well as for any NEDC physical test;

                                                (d)

                                                If the test vehicle is equipped with manual transmissions, the term nmin_drive_set shall be as defined by the formula set out in point (k) (3) of paragraph 2 of Sub-Annex 2 to Annex XXI to Regulation (EU) 2017/1151.
                                                With the approval of the approval authority or, where applicable, the technical service, the manufacturer may calculate the gear shifting points differently, provided that this is justified in view of the drivability of the vehicle, and that the additional power safety margin applied in accordance with point 3.4 of Sub-Annex 2 to Annex XXI to Regulation (EU) 2017/1151 does not exceed 20 %.

                                          The conditions referred to in points (a) to (d) shall apply for the purpose of the correlation performed pursuant to this Regulation, and shall be without prejudice to the provisions laid down in Regulation (EU) 2017/1151 and to the type approvals granted pursuant to that Regulation.
                                    2.2b.   Applicability of the WLTP test conditions
                                    The precisions referred to in point 2.2a.(a) to (d) shall apply in accordance with the following:

                                                (a)

                                                For new vehicle types, from the entry into force of this Regulation;

                                                (b)

                                                For existing vehicle types, manufacturers shall, with regard to those vehicle types that cover vehicles placed on the market in 2020, provide the approval authority with evidence on the basis of which the approval authority shall confirm whether the test conditions referred to in points (a) to (d) of point 2.2a. have been met in the WLTP approval tests.
                                                The confirmation shall indicate the interpolation family identifier, and the confirmation with regard to each of the test conditions referred to in points (a) to (d). The approval authority shall issue the confirmation to the manufacturer and shall ensure that the confirmation is recorded and can be made available without delay at the request of the Commission.
                                                Where the approval authority cannot confirm that one or more of the test conditions referred to have been complied with, the manufacturer shall ensure that a new WLTP test, or, where applicable, test series, in accordance with Sub-Annex 6 to Annex XXI to Regulation (EU) 2017/1151 are performed under the supervision of an approval authority or, where applicable, technical service, applying the test conditions set out in point 2.2a.(a) to (d), for the interpolation family in question, including a new correlation in accordance with this Regulation.
                                                The manufacturer may, in the case where only the test condition referred to in point 2.2a.(a) is not met, correct that value in the input matrix without the need for a new WLTP test.

                                          The approval authority or, where applicable, the designated technical service shall record the results of the re-testing or correction and the correlation in accordance with paragraph 5 of Annex I, and the complete correlation file based on the re-testing in-put data shall be transmitted to the Commission in accordance with point 3.1.1.2 by 30 April 2021 at the latest.’;

                                    (b)

                                    point 2.4 is amended as follows:

                                                (i)

                                                the following sentence is added to the first paragraph:
                                                ‘The in-put data matrix shall be filled in for each WLTP test performed.’;

                                                (ii)

                                                Table 1 is amended as follows:

                                                            —

                                                            in entry 56, the text in the column ‘Remarks’ is replaced by the following:

                                                               ‘Array: OBD and chassis dynamometer data, 1Hz for OBD and 10Hz for the chassis dynamometer, resolution 0,1 km/h’,

                                                            —

                                                            in entry 57, the text in column ‘Remarks’ is replaced by the following:

                                                               ‘Array: 1Hz. Theoretical calculated gear shift to be provided for vehicle H and L (if applicable)’,

                                                            —

                                                            in entry 61, the text in the column ‘Remarks’ is replaced by the following:

                                                               ‘Array: 1Hz (sampling frequency of the instrument 20Hz), 0,1 A resolution, external measurement device synchronised with the chassis dynamometer’,

                                                            —

                                                            entry 67 is replaced by the following:

                                                                           ‘67

                                                                           Ki Regenerative Factor multiplicative/additive for vehicle H and L

                                                                           —

                                                                           Appendix 1 to Sub-Annex 6 to Annex XXI to Regulation (EU) 2017/1151

                                                                              For vehicles without periodically regenerating systems this value is equal to 1.’

                                                            —

                                                            the following new entries are added:

                                                                           ‘69

                                                                           Fuel heating value

                                                                           kWh/l

                                                                           Appendix 2 to Sub-Annex 6 to Annex XXI to Regulation (EU) 2017/1151

                                                                              Value according to the Table A6.App2/1 in Regulation (EU) 2017/1151

                                                                           70

                                                                           Fuel consumption of WLTP test for vehicle H and L

                                                                           l/100km

                                                                           Paragraph 6 of Sub-Annex 7 to Annex XXI to Regulation (EU) 2017/1151

                                                                              Non-balanced fuel consumption of Type 1 test

                                                                           71

                                                                           Nominal REESS voltage

                                                                           V

                                                                           According to DIN EN 60050-482

                                                                              For low voltage battery as described in Appendix 2 to Sub-Annex 6 to Annex XXI to Regulation (EU) 2017/1151

                                                                           72

                                                                           ATCT family correction factor

                                                                           —

                                                                           Sub-Annex 6a to Annex XXI to Regulation (EU) 2017/1151

                                                                              ATCT Family correction factor (14 °C correction)

                                                                           73

                                                                           Speed and distance correction of WLTP test

                                                                           —

                                                                           Regulation (EU) 2017/1151

                                                                              Correction performed?

                                                                              0 = No | 1 = Yes

                                                                           74

                                                                           RCB correction of WLTP test

                                                                           —

                                                                           Appendix 2 to Sub-Annex 6 to Annex XXI to Regulation (EU) 2017/1151

                                                                              Correction performed?

                                                                              0 = No | 1 = Yes

                                                                           75

                                                                           Number of the WLTP test

                                                                           1, 2 or 3

                                                                              Indicate whether the test data is taken from the first, second or third WLTP test

                                                                           76

                                                                           WLTP declared value for vehicle H and L

                                                                           g/km

                                                                           Manufacturer declaration

                                                                              Declared value for WLTP vehicle H and L. Value to include all corrections (if applicable)

                                                                           77

                                                                           WLTP CO2 measured corrected for vehicle H and/or L

                                                                           g/km

                                                                           MCO2,C,5 values from appendix 4 to Annex I to Regulation (EU) 2017/1151

                                                                              Combined measured CO2 emissions for vehicle H and L after all applicable corrections. In case of 2 and 3 WLTP tests all measured results shall be provided.

                                                                           78

                                                                           WLTP re-test

                                                                           —

                                                                           Point 2.2b.(b) of Annex I

                                                                              Indicate which test conditions as referred to in point 2.2a.(a) to (d) of Annex I have been subject to re-testing’

                                    (c)

                                    point 3.1.1.1. is amended as follows:

                                                (i)

                                                point (a) is deleted;

                                                (ii)

                                                in point (c), point (iii) is replaced by the following:

                                                            ‘(iii)

                                                            the input data as specified in point 2.4.’;

                                                (iii)

                                                the following subparagraph is added:
                                                ‘The summary file referred to in point (c) shall be encrypted to ensure confidentiality.’;

                                    (d)

                                    point 3.1.1.2. is replaced by the following:
                                    ‘3.1.1.2.   Complete correlation file
                                    Where the original correlation output report has been issued in accordance with point 3.1.1.1., the type approval authority, or where applicable the designated technical service shall upload the summary file referred to in point 3.1.1.1.(c) to a Commission server from which a reply is returned to the sender (with the relevant services of the Commission in copy), including a randomly generated integer number between 0 and 99, a hash code of the summary file unequivocally linking that number to the original output report digitally signed by the Commission server.
                                    A complete correlation file shall be created by the type approval authority, or where applicable the designated technical service, which shall include the original correlation output report referred to in point 3.1.1.1. and the reply from the Commission server. The file shall be maintained by the type approval authority as a test report in accordance with Annex VIII of Directive 2007/46/EC.’

            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.
            Point 2(c) and (d) of Article 1 shall apply from 1 February 2019.

            This Regulation shall be binding in its entirety and directly applicable in all Member States.
            Done at Brussels, 18 December 2018.

                  For the Commission

                  The President

               Jean-Claude JUNCKER

            (1)  OJ L 145, 31.5.2011, p. 1.

            (2)  Commission Implementing Regulation (EU) 2017/1152 of 2 June 2017 setting out a methodology for determining the correlation parameters necessary for reflecting the change in the regulatory test procedure with regard to light commercial vehicles and amending Implementing Regulation (EU) No 293/2012 (OJ L 175, 7.7.2017, p. 644).

            (3)  Commission Regulation (EU) 2017/1151 of 1 June 2017 supplementing Regulation (EC) No 715/2007 of the European Parliament and of the Council on type-approval of motor vehicles with respect to emissions from light passenger and commercial vehicles (Euro 5 and Euro 6) and on access to vehicle repair and maintenance information, amending Directive 2007/46/EC of the European Parliament and of the Council, Commission Regulation (EC) No 692/2008 and Commission Regulation (EU) No 1230/2012 and repealing Commission Regulation (EC) No 692/2008 (OJ L 175, 7.7.2017, p. 1).


title: Commission Implementing Regulation (EU) 2019/332 of 20 February 2019 entering a name in the register of protected designations of origin and protected geographical indications ‘Istra’ (PDO)

text:
                  27.2.2019

                  EN

                  Official Journal of the European Union

                  L 59/70

         COMMISSION IMPLEMENTING REGULATION (EU) 2019/332
         of 20 February 2019
         entering a name in the register of protected designations of origin and protected geographical indications ‘Istra’ (PDO)
         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 Articles 52(3)(a) thereof,
         Whereas:

                     (1)

                     Pursuant to Article 50(2)(a) of Regulation (EU) No 1151/2012, the application to register the name ‘Istarsko ekstra djevičansko maslinovo ulje’ as protected designation of origin, submitted by Croatia, was published in the Official Journal of the European Union (2).

                     (2)

                     By the notice of opposition of 22 June 2016 and the reasoned statement of opposition of 22 August 2016, Slovenia opposed to the registration under Article 51(2) of Regulation (EU) No 1151/2012.

                     (3)

                     Slovenia alleged that the registration of ‘Istarsko ekstra djevičansko maslinovo ulje’ did not comply with the conditions of Regulation (EU) No 1151/2012 for the following reasons: the name for which registration has been requested is partially homonym of the Slovenian name of the product ‘Ekstra deviško oljčno olje Slovenske Istre’, which has been entered in the EU's register of protected designations of origin and protected geographical indications since 2007, and no evidence has been given of the use of the name ‘Istarsko ekstra djevičansko maslinovo ulje’ in trade or common language as the usual commercial or historical name to designate olive oil produced in Croatian Istria.

                     (4)

                     The opposition was deemed admissible. By letters dated 18 October 2016, the Commission invited the interested parties to engage in appropriate consultations to seek agreement among themselves in accordance with their internal procedures. A three months extension of the deadline for consultations was additionally granted, in accordance with Article 51(3), third paragraph, of Regulation (EU) No 1151/2012.

                     (5)

                     After consultations, an agreement was reached between Croatia and Slovenia. It was communicated to the Commission by letter of 8 May 2017, followed by further exchanges between Croatia and the Commission.

                     (6)

                     Several amendments to the product specification were made following the agreement. The product name ‘Istarsko ekstra djevičansko maslinovo ulje’ was changed into ‘Istra’. The production area was enlarged to comprise the Slovenian part of the Istrian Peninsula, the Croatian application becoming a multi-country (Croatian and Slovenian) application. Small adjustments were further introduced to the single document and the product specification.

                     (7)

                     Since the single document had been substantially amended, in accordance with Article 51(4) of Regulation (EU) No 1151/2012, the Commission repeated the scrutiny of the application and concluded that the conditions for registration were fulfilled.

                     (8)

                     The extension of the geographical area to Slovenian Istria is justified since Slovenian Istria produces olive oil sharing the same history, link and qualities with the Croatian Istrian olive oil covered by the application. The use of the name ‘Istra’ has been exhaustively demonstrated in Slovenia and Croatia. The national opposition procedures have been correctly updated. In the light of the above the Commission considered that the conditions laid down in Regulation (EU) No 1151/2012 are fulfilled.

                     (9)

                     Pursuant to Article 50(2)(a) of Regulation (EU) No 1151/2012, the application to register the name ‘Istra’, submitted by Croatia and Slovenia, was published in the Official Journal of the European Union (3).

                     (10)

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

               HAS ADOPTED THIS REGULATION:

            Article 1
            The name ‘Istra’ (PDO) is registered.
            The name in the first subparagraph identifies a product from class 1.5. Oils and fats (butter, margarine, oil, etc.) of Annex XI to Commission Implementing Regulation (EU) No 668/2014 (4).

            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, 20 February 2019.

                  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 108, 23.3.2016, p. 18.

            (3)  OJ C 327, 17.9.2018, p. 4.

            (4)  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) 2019/387 of 11 March 2019 authorising an extension of use of Schizochytrium sp. (ATCC PTA-9695) oil as a novel food and the change of the designation and of the specific labelling requirement of Schizochytrium sp. (ATCC PTA-9695) oil under Regulation (EU) 2015/2283 of the European Parliament and of the Council, and amending Commission Implementing Regulation (EU) 2017/2470 (Text with EEA relevance.)

text:
                  12.3.2019

                  EN

                  Official Journal of the European Union

                  L 70/17

         COMMISSION IMPLEMENTING REGULATION (EU) 2019/387
         of 11 March 2019
         authorising an extension of use of Schizochytrium sp. (ATCC PTA-9695) oil as a novel food and the change of the designation and of the specific labelling requirement of Schizochytrium sp. (ATCC PTA-9695) oil under Regulation (EU) 2015/2283 of the European Parliament and of the Council, and amending Commission Implementing Regulation (EU) 2017/2470
         (Text with EEA relevance)
         THE EUROPEAN COMMISSION,
         Having regard to the Treaty on the Functioning of the European Union,
         Having regard to Regulation (EU) 2015/2283 of the European Parliament and of the Council of 25 November 2015 on novel foods, amending Regulation (EU) No 1169/2011 of the European Parliament and of the Council and repealing Regulation (EC) No 258/97 and Commission Regulation (EC) No 1852/2001 (1), and in particular Article 12 thereof,
         Whereas:

                     (1)

                     Regulation (EU) 2015/2283 provides that only novel foods authorised and included in the Union list may be placed on the market within the Union.

                     (2)

                     Pursuant to Article 8 of Regulation (EU) 2015/2283 Commission Implementing Regulation (EU) 2017/2470 (2) establishing a Union list of authorised novel foods was adopted.

                     (3)

                     Pursuant to Article 12 of Regulation (EU) 2015/2283, the Commission is to decide on the authorisation and on the placing on the Union market of a novel food and on the updating of the Union list.

                     (4)

                     Commission Implementing Decision (EU) 2015/545 (3) authorised, in accordance with Regulation (EC) No 258/97 of the European Parliament and of the Council (4), the placing on the market in the Union of oil from the micro-algae Schizochytrium sp. (ATCC PTA-9695) as a novel food to be used in a number of foods.

                     (5)

                     Commission Implementing Regulation (EU) 2018/1032 (5) extended the authorisation of oil from the microalgae Schizochytrium sp. (T18) as a novel food under Regulation (EU) 2015/2283 to fruit/vegetable purees.

                     (6)

                     On 10 September 2018, the company DSM Nutritional Products Europe made a request to the Commission to change the conditions of use of the novel food Schizochytrium sp. (ATCC PTA-9695) oil within the meaning of Article 10(1) of Regulation (EU) 2015/2283. The application requested to extend the use of Schizochytrium sp. (ATCC PTA-9695) oil to fruit and vegetable purees.

                     (7)

                     The proposed extension of use of the novel food does not change the safety considerations that supported the authorisation for extension of use of Schizochytrium sp. (T18) oil by Implementing Regulation (EU) 2018/1032 to fruit and vegetable purees and it does not either pose any safety concern. Taking into account those considerations, the proposed extension of use complies with Article 12(1) of Regulation (EU) 2015/2283.

                     (8)

                     On 10 September 2018, the company DSM Nutritional Products Europe also made a request to the Commission to authorise the change of the designation and of the specific labelling requirement for Schizochytrium sp. (ATCC PTA-9695) oil within the meaning of Article 10(1) of Regulation (EU) 2015/2283. The application requests the deletion of the mention of the strain ‘(ATCC PTA 9695)’ from the designation of the novel food as listed in the Union list and from the labelling of foods containing it.

                     (9)

                     The Applicant considers that the change of the designation and the labelling requirements for Schizochytrium sp. (ATCC PTA-9695) oil is necessary because the indication of the strain ‘(ATCC PTA-9695)’ on the labelling of foods containing Schizochytrium sp. (ATCC PTA-9695) oil is not understandable nor relevant for consumers.

                     (10)

                     There are four oils from Schizochytrium sp. currently authorised and listed in the Union list of novel foods. However, Schizochytrium sp. (ATCC PTA-9695) oil is the only one for which the strain must be specified on the label. Therefore, the change of the designation and labelling of Schizochytrium sp. (ATCC PTA-9695) oil will ensure consistency in the designation and labelling of all oils from Schizochytrium sp. authorised as novel foods without having a negative impact on human health and consumer interests.

                     (11)

                     Considering the removal of the mention of the strain ‘(ATCC PTA 9695)’ from the designation of the novel food and of the specific labelling requirement for Schizochytrium sp. (ATCC PTA-9695) oil, the wording ‘(ATCC PTA 9695)’ should be included in the specifications as it is necessary for a proper identification of the novel food. Therefore, the specifications of the entry ‘Schizochytrium sp. (ATCC PTA-9695) oil’ in Table 2 of the Annex to Implementing Regulation (EU) 2017/2470 should be amended accordingly.

                     (12)

                     The Commission did not request an opinion from the European Food Safety Authority in accordance with Article 10(3) of Regulation (EU) 2015/2283, as an extension of use of Schizochytrium sp. (ATCC PTA-9695) oil, the change of the designation and of the specific labelling requirement for Schizochytrium sp. (ATCC PTA-9695) oil and the subsequent updating of the Union list are not liable to have an effect on human health.

                     (13)

                     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

               1.   The entry in the Union list of authorised novel foods, established under Implementing Regulation (EU) 2017/2470, referring to the substance Schizochytrium sp. (ATCC PTA-9695) oil shall be amended as specified in the Annex to this Regulation.

               2.   The entry in the Union list referred to in paragraph 1 shall include the conditions of use and labelling requirements laid down in the Annex to this Regulation.

            Article 2
            The Annex to Implementing Regulation (EU) 2017/2470 is amended in accordance with the Annex to this Regulation.

            Article 3
            This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.

            This Regulation shall be binding in its entirety and directly applicable in all Member States.
            Done at Brussels, 11 March 2019.

                  For the Commission

                  The President

               Jean-Claude JUNCKER

            (1)  OJ L 327, 11.12.2015, p. 1.

            (2)  Commission Implementing Regulation (EU) 2017/2470 of 20 December 2017 establishing the Union list of novel foods in accordance with Regulation (EU) 2015/2283 of the European Parliament and of the Council on novel foods (OJ L 351, 30.12.2017, p. 72).

            (3)  Commission Implementing Decision (EU) 2015/545 of 31 March 2015 authorising the placing on the market of oil from the micro-algae Schizochytrium sp. (ATCC PTA-9695) as a novel food ingredient under Regulation (EC) No 258/97 of the European Parliament and of the Council (OJ L 90, 2.4.2015, p. 7).

            (4)  Regulation (EC) No 258/97 of the European Parliament and of the Council of 27 January 1997 concerning novel foods and novel foods ingredients (OJ L 43, 14.2.1997, p. 1).

            (5)  Commission Implementing Regulation (EU) 2018/1032 of 20 July 2018 authorising the extension of use of oil from the micro algae Schizochytrium sp. as a novel food under Regulation (EU) 2015/2283 of the European Parliament and of the Council, and amending Commission Implementing Regulation (EU) 2017/2470 (OJ L 185, 23.7.2018, p. 9).

            ANNEX
            The Annex to Implementing Regulation (EU) 2017/2470 is amended as follows:

                        (1)

                        The entry for ‘Schizochytrium sp. (ATCC PTA-9695) oil’ in Table 1 (Authorised novel foods) is replaced by the following:

                                    Authorised novel food

                                    Conditions under which the novel food may be used

                                    Additional specific labelling requirements

                                    Other requirements

                                    ‘
                                          Schizochytrium

                                       sp. (ATCC PTA-9695) oil

                                       Specified food category

                                       Maximum levels of DHA

                                    The designation of the novel food on the labelling of the foodstuffs containing it shall be ‘Oil from the microalgae Schizochytrium sp.’’

                                    Dairy products except milk-based drinks

                                    200 mg/100 g or for cheese products 600 mg/100 g

                                    Dairy analogues except drinks

                                    200 mg/100 g or for analogues to cheese products 600 mg/100 g

                                    Spreadable fats and dressings

                                    600 mg/100 g

                                    Breakfast cereals

                                    500 mg/100 g

                                    Food Supplements as defined in Directive 2002/46/EC

                                    250 mg DHA/day for general population

                                    450 mg DHA/day for pregnant and lactating women

                                    Total diet replacement for weight control as defined in Regulation (EU) No 609/2013 and meal replacements for weight control

                                    250 mg/meal

                                    Milk-based drinks and similar products intended for young children

                                    200 mg/100 g

                                    Foods intended to meet the expenditure of intense muscular effort, especially for sportsmen

                                    Foods bearing statements on the absence or reduced presence of gluten in accordance with the requirements of Commission Implementing Regulation (EU) No 828/2014

                                    Foods for special medical purposes as defined in Regulation (EU) No 609/2013

                                    In accordance with the particular nutritional requirements of the persons for whom the products are intended

                                    Bakery products (breads, rolls, and sweet biscuits)

                                    200 mg/100 g

                                    Cereal bars

                                    500 mg/100 g

                                    Cooking fats

                                    360 mg/100 g

                                    Non-alcoholic beverages (including dairy analogue and milk-based drinks)

                                    80 mg/100 ml

                                    Infant formula and follow-on formula as defined in Regulation (EU) No 609/2013

                                    In accordance with Regulation (EU) No 609/2013

                                    Processed cereal-based foods and baby foods for infants and young children as defined in Regulation (EU) No 609/2013

                                    200 mg/100 g

                                    Fruit/vegetable puree

                                    100 mg/100 g

                        (2)

                        The entry for ‘Schizochytrium sp. (ATCC PTA-9695) oil’ in Table 2 (Specifications) is replaced by the following:

                                    Authorised novel food

                                    Specification

                                    ‘
                                          Schizochytrium

                                       sp. (ATCC PTA-9695) oil

                                    The novel food is obtained from the strain ATCC PTA-9695 of the microalgae Schizochytrium sp.
                                    Peroxide value (PV): ≤ 5,0 meq/kg oil
                                    Unsaponifiables: ≤ 3,5 %
                                    Trans-fatty acids: ≤ 2,0 %
                                    Free fatty acids: ≤ 0,4 %
                                    Docosapentaenoic acid (DPA) n-6: ≤ 7,5 %
                                    DHA content: ≥ 35 %’


title: Commission Implementing Regulation (EU) 2019/455 of 20 March 2019 making imports of mixtures of urea and ammonium nitrate originating in Russia, Trinidad and Tobago and the United States of America subject to registration

text:
                  21.3.2019

                  EN

                  Official Journal of the European Union

                  L 79/9

         COMMISSION IMPLEMENTING REGULATION (EU) 2019/455
         of 20 March 2019
         making imports of mixtures of urea and ammonium nitrate originating in Russia, Trinidad and Tobago and the United States of America subject to registration
         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) as last amended by Regulation (EU) 2018/825 of the European Parliament and of the Council of 30 May 2018 (2) (the ‘basic Regulation’), and in particular Article 14(5a) thereof,
         After informing the Member States,
         Whereas:

                     (1)

                     On 13 August 2018, the European Commission (‘the Commission’) announced, by a notice published in the Official Journal of the European Union (3) (‘the notice of initiation’), the initiation of an anti-dumping proceeding with regard to imports into the Union of mixtures of urea and ammonium nitrate originating in Russia, Trinidad and Tobago and the United States of America following a complaint lodged on 29 June 2018 by Fertilizers Europe (‘the complainant’) on behalf of producers representing more than 25 % of the total Union production of urea and ammonium nitrate solutions.

               1.   PRODUCT SUBJECT TO REGISTRATION

                     (2)

                     The product subject to registration (‘the product concerned’) is mixtures of urea and ammonium nitrate in aqueous or ammoniacal solution (‘UAN’), currently falling within CN code 3102 80 00.

               2.   GROUNDS FOR REGISTRATION

                     (3)

                     According to Article 14(5a) of the basic Regulation, the Commission must direct the customs authorities to take the appropriate steps to register imports during the period of pre-disclosure under Article 19a, so that measures may subsequently be applied against those imports from the date of such registration, unless it has sufficient evidence that the requirements either under Article 10(4)(c) or Article 10(4)(d) are not met.

                     (4)

                     The Commission verified whether the importers were aware, or should have been aware, of the dumping as regards the extent of the dumping and the injury alleged or found. It also analysed whether there was a further substantial rise in imports which, in the light of its timing and volume and other circumstances, was likely to seriously undermine the remedial effect of the definitive anti-dumping duty to be applied.

                     (5)

                     The Commission thus examined the evidence at its disposal in light of Article 10(4) of the basic Regulation. For this analysis, the Commission relied on the statistical data of imports under CN code 3102 80 00 at its disposal.

                     (6)

                     On 30 January 2019, the Commission also invited interested parties to comment on its preliminary findings with regard to import trends after the initiation of the investigation and these comments have also been included in its analysis.

               2.1.   Awareness of the importers of the dumping, the extent thereof and the alleged injury

                     (7)

                     The Commission has at its disposal sufficient evidence that imports of the product concerned from Russia, Trinidad and Tobago and the United States of America are being dumped.

                     (8)

                     The notice of initiation for this proceeding published on 13 August 2018 highlighted that the dumping margins calculated are significant for all countries. As a whole, and given the extent of the alleged dumping margins ranging from 43 % to 83 %, the evidence in the complaint provides sufficient support at this stage that the exporting producers practice dumping.

                     (9)

                     The complaint also provided sufficient evidence of alleged injury to the Union industry, including a decline in market share and a negative development of other key performance indicators of the Union industry.

                     (10)

                     By its publication in the Official Journal of the European Union, the notice of initiation is a public document accessible to all importers. Furthermore, as interested parties in the investigation, importers have access to the non-confidential version of the complaint and the non-confidential file. Therefore, the Commission considered that, on this basis, the importers were aware, or should have been aware, of the alleged dumping practices, the extent thereof and the alleged injury.

                     (11)

                     Several exporting producers argued that Article 10(4)(c) was not met as there had not been a history of dumping. However, Article 10(4)(c) mandates that either there has been a history of dumping or that there was awareness of the extent of the dumping and injury alleged. As explained in recitals 7)to 10, on the basis of the notice of initiation and the information contained in the complaint, the Commission considered that the importers were aware, or should have been aware, of the alleged dumping practices, the extent thereof and the alleged injury.

                     (12)

                     On the basis of the above, the Commission concluded that there is no evidence that the requirement of Article 10(4)(c) of the basic Regulation was not met.

               2.2.   Further substantial rise in imports

                     (13)

                     On the basis of statistical data summarised in table 1 below, the Commission found that the volume of UAN imports from the countries concerned into the Union increased by 23 % during the period September 2018-December 2018, i.e. after initiation of the case, when compared to the period September 2017-December 2017, i.e. the same period of the previous year and part of the investigation period (period going from 1 July 2017 to 30 June 2018). In addition, the average monthly volume of imports from the countries concerned into the Union in the period from September 2018 to December 2018 was 34 % higher than the average monthly volume of imports to the Union during the investigation period. Therefore, in view of this further substantial rise in imports from the countries concerned, the Commission concluded that there is no evidence that this requirement was not met.

                        Table 1

                        Import volumes (MT)

                                 Origin

                                 September 2017 — December 2017

                                 September 2018 — December 2018

                                 Δ

                                 Monthly average investigation period

                                 Average
                                 September 2018 — December 2018

                                 Δ

                                 Russia

                                 226 319

                                 270 449

                                 + 19,5 %

                                 51 491

                                 67 612

                                 + 31,3 %

                                 Trinidad & Tobago

                                 150 497

                                 167 852

                                 + 11,5 %

                                 30 681

                                 41 963

                                 + 36,8 %

                                 USA

                                 200 757

                                 333 393

                                 + 66,1 %

                                 61 848

                                 83 348

                                 + 34,8 %

                                 All 3

                                 577 573

                                 771 694

                                 + 33,6 %

                                 144 020

                                 192 924

                                 + 34,0 %

                                    Source: Eurostat

               2.3.   Undermining of the remedial effect of the duty

                     (14)

                     As concluded in section 2.2, there was a further substantial increase in imports of the product concerned since the initiation of the current investigation. Those volumes represent more than 48 000 additional metric tonnes on a monthly basis as compared with the volumes imported from the countries concerned during the investigation period. This increase alone represents 10 % of Union consumption in 2017.

                     (15)

                     According to the import statistics summarised in table 2 below, the average price in euros per metric tonne of imports from the countries concerned into the Union during the period September 2018 to December 2018 was 19,5 % higher than the average import price from these countries observed during the investigation period. A steep increase in import prices could be observed for imports from each of the countries subject to the investigation.

                        Table 2

                        Import prices (average, EUR/MT)

                                 Origin

                                 September 2017 — December 2017

                                 September 2018 — December 2018

                                 Δ

                                 Monthly average investigation period

                                 Average
                                 September 2018 — December 2018

                                 Δ

                                 Russia

                                 129,1

                                 160,1

                                 + 24,0 %

                                 125,9

                                 160,1

                                 + 27,2 %

                                 Trinidad & Tobago

                                 136,0

                                 175,4

                                 + 28,9 %

                                 139,8

                                 175,4

                                 + 25,4 %

                                 USA

                                 118,0

                                 136,6

                                 + 15,7 %

                                 124,5

                                 136,6

                                 + 9,7 %

                                 All 3

                                 127,1

                                 153,3

                                 + 20,6 %

                                 128,3

                                 153,3

                                 + 19,5 %

                                    Source: Eurostat.

                     (16)

                     A number of exporting producers and importers submitted that the significant price increase of the imports from the countries concerned entailed that these imports would not cause negative price effects in the market. These exporting producers also mentioned that there was no stockpiling since initiation. Therefore, it was argued, the remedial effect of the definitive anti-dumping duty, if applied, would not be seriously undermined.

                     (17)

                     The complainant, however, submitted sufficient evidence showing that the price increase was modest as compared to the increase in costs (in particular gas over the summer and autumn in 2018). Moreover, even if there is no conclusive evidence on stockpiling since initiation, the complainant provided further evidence that the steep increase in import volumes since the initiation of the investigation had further aggravated the injurious situation of the Union producers (including increased losses after the investigation period).

                     (18)

                     On that basis, the Commission established that the evidence on file does not allow the conclusion that this requirement was not met.

               2.4.   Conclusion

                     (19)

                     In light of the above, the Commission found that there is no conclusive evidence showing that the registration of imports of the product concered during the period of the pre-disclosure is not merited in this case. Since the publicacion of the notice of initiation, when exporting producers were aware or should have been aware of the alleged dumping and injury, imports of the product concerned have further increased in a manner which may seriously undermine the remedial effect of the anti-dumping duties also during the pre-disclosure period.

                     (20)

                     The findings remain the same even on the basis of the latest statistical data available to the Commission.

                     (21)

                     Thus, in accordance with Article 14(5a) of the basic anti-dumping Regulation, the Commission must register imports of the product concerned during the period of pre-disclosure.

               3.   REGISTRATION

                     (22)

                     Under Article 14(5a) of the basic anti-dumping Regulation, imports of the product concerned must be made subject to registration during the period of pre-disclosure pursuant Article 19a of the basic Regulation, unless there is sufficient evidence that the requirements of Article 10(4)(c) and (d) are not met.

                     (23)

                     Any future liability would emanate from the definitive findings of this anti-dumping investigation.

                     (24)

                     The allegations in the complaint requesting the initiation of the investigation estimate dumping margins from 43 % to 83 % and an average injury elimination level of up to 13 % for the product concerned. The amount of possible future liability is estimated at those levels on the basis of the complaint, namely 13 % to 83 % as a proportion of the CIF import value of the product concerned.

               4.   PROCESSING OF PERSONAL DATA

                     (25)

                     Any personal data collected in the context of this registration will be treated in accordance with Regulation (EU) 2018/1725 of the European Parliament and of the Council (4),

               HAS ADOPTED THIS REGULATION:

            Article 1

               1.   The customs authorities are hereby directed, under Article 14(5a) of Regulation (EU) 2016/1036, to take the appropriate steps to register imports into the Union of mixtures of urea and ammonium nitrate in aqueous or ammoniacal solution, currently falling within CN code 3102 80 00, and originating in Russia, Trinidad and Tobago and the United States of America.

               2.   Registration shall expire three weeks following the date of entry into force of this Regulation.

            Article 2
            This Regulation shall enter into force on the 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 2019.

                  For the Commission

                  The President

               Jean-Claude JUNCKER

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

            (2)  OJ L 143, 7.6.2018, p. 1.

            (3)  OJ C 284, 13.8.2018, p. 9.

            (4)  Regulation (EU) 2018/1725 of the European Parliament and of the Council of 23 October 2018 on the protection of natural persons with regard to the processing of personal data by the Union institutions, bodies, offices and agencies and on the free movement of such data, and repealing Regulation (EC) No 45/2001 and Decision No 1247/2002/EC (OJ L 295, 21.11.2018, p. 39).


title: Commission Implementing Regulation (EU) 2019/487 of 19 March 2019 entering the name ‘Ziegen-Heumilch’/‘Goat's Haymilk’/‘Latte fieno di capra’/‘Lait de foin de chèvre’/‘Leche de heno de cabra’ (TSG) in the register of traditional specialities guaranteed

text:
                  26.3.2019

                  EN

                  Official Journal of the European Union

                  L 84/3

         COMMISSION IMPLEMENTING REGULATION (EU) 2019/487
         of 19 March 2019
         entering the name ‘Ziegen-Heumilch’/‘Goat's Haymilk’/‘Latte fieno di capra’/‘Lait de foin de chèvre’/‘Leche de heno de cabra’ (TSG) in the register of traditional specialities guaranteed
         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)(b) of Regulation (EU) No 1151/2012, Austria's application to register the name ‘Ziegen-Heumilch’/‘Goat's Haymilk’/‘Latte fieno di capra’/‘Lait de foin de chèvre’/‘Leche de heno de cabra’ was published in the Official Journal of the European Union (2).

                     (2)

                     As no statement of opposition under Article 51 of Regulation (EU) No 1151/2012 has been received by the Commission, the name ‘Ziegen-Heumilch’/‘Goat's Haymilk’/‘Latte fieno di capra’/‘Lait de foin de chèvre’/‘Leche de heno de cabra’ should therefore be entered in the register,

               HAS ADOPTED THIS REGULATION:

            Article 1
            The name ‘Ziegen-Heumilch’/‘Goat's Haymilk’/‘Latte fieno di capra’/‘Lait de foin de chèvre’/‘Leche de heno de cabra’ (TSG) is hereby entered in the register.
            The name specified in the first paragraph denotes a product in Class 1.4. — Other products of animal origin (eggs, honey, various dairy products except butter, etc.), 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, 19 March 2019.

                  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 400, 6.11.2018, 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) 2019/486 of 19 March 2019 entering the name ‘Schaf-Heumilch’/‘Sheep's Haymilk’/‘Latte fieno di pecora’/‘Lait de foin de brebis’/‘Leche de heno de oveja’ (TSG) in the register of traditional specialities guaranteed

text:
                  26.3.2019

                  EN

                  Official Journal of the European Union

                  L 84/1

         COMMISSION IMPLEMENTING REGULATION (EU) 2019/486
         of 19 March 2019
         entering the name ‘Schaf-Heumilch’/‘Sheep's Haymilk’/‘Latte fieno di pecora’/‘Lait de foin de brebis’/‘Leche de heno de oveja’ (TSG) in the register of traditional specialities guaranteed
         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)(b) of Regulation (EU) No 1151/2012, Austria's application to register the name ‘Schaf-Heumilch’/‘Sheep's Haymilk’/‘Latte fieno di pecora’/‘Lait de foin de brebis’/‘Leche de heno de oveja’ was published in the Official Journal of the European Union (2).

                     (2)

                     As no statement of opposition under Article 51 of Regulation (EU) No 1151/2012 has been received by the Commission, the name ‘Schaf-Heumilch’/‘Sheep's Haymilk’/‘Latte fieno di pecora’/‘Lait de foin de brebis’/‘Leche de heno de oveja’ should therefore be entered in the register,

               HAS ADOPTED THIS REGULATION:

            Article 1
            The name ‘Schaf-Heumilch’/‘Sheep's Haymilk’/‘Latte fieno di pecora’/‘Lait de foin de brebis’/‘Leche de heno de oveja’ (TSG) is hereby entered in the register.
            The name specified in the first paragraph denotes a product in Class 1.4. — Other products of animal origin (eggs, honey, various dairy products except butter, etc.), 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, 19 March 2019.

                  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 400, 6.11.2018, p. 3.

            (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).