title: Commission Implementing Regulation (EU) 2017/2382 of 14 December 2017 laying down implementing technical standards with regard to standard forms, templates and procedures for the transmission of information in accordance with Directive 2014/65/EU of the European Parliament and of the Council (Text with EEA relevance. )

text:
               20.12.2017

               EN

               Official Journal of the European Union

               L 340/6

         COMMISSION IMPLEMENTING REGULATION (EU) 2017/2382
   of 14 December 2017
   laying down implementing technical standards with regard to standard forms, templates and procedures for the transmission of information in accordance with Directive 2014/65/EU of the European Parliament and of the Council
   (Text with EEA relevance)
   THE EUROPEAN COMMISSION,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to Directive 2014/65/EU of the European Parliament and of the Council of 15 May 2014 on markets in financial instruments and amending Directive 2002/92/EC and Directive 2011/61/EU (1), and in particular Articles 34(9) and 35(12) thereof,
   Whereas:

               (1)

               It is appropriate to set out common standard forms, procedures and templates for the submission of information required when investment firms, market operators, and, where required by Directive 2014/65/EU, credit institutions wish to provide investment services and perform activities in another Member State under the freedom to provide services or under the right of establishment.

               (2)

               The provisions in this Regulation should, in view of Articles 34(1) and 35(1) of Directive 2014/65/EU also apply to credit institutions authorised under Directive 2013/36/EU of the European Parliament and of the Council (2) which use tied agents to provide investment services under the right of freedom to provide investment services or by establishing of a branch.

               (3)

               It is important to establish standard forms covering the language and means of communication of passport notifications which may be used by investment firms, market operators, and, where necessary, credit institutions, and the competent authorities of home and host Member States in order to facilitate the unhindered provision of investment services and activities across Member States and the efficient performance by the competent authorities of their respective tasks and responsibilities.

               (4)

               An assessment of the accuracy and completeness of the submitted notification by the competent authority of the home Member State is necessary in order to ensure the quality of (i) the information submitted by the investment firm, market operator, or, where necessary, credit institution to the competent authority of the home Member State; and (ii) the information submitted by the competent authority of the home Member State to the competent authority of the host Member State.

               (5)

               Provisions requiring the competent authority of the home Member State to indicate where the notification to is found to be incomplete or incorrect are necessary to ensure clarity in the identification and communication of any missing or incorrect elements and to facilitate the process of addressing such issues and resubmitting the complete and correct information.

               (6)

               Acknowledgement of receipt of a submitted branch passport notification or tied agent passport notification is necessary to ensure clarity regarding the date of receipt of the relevant notification and the exact date on which the investment firm may establish the branch or make use of a tied agent established in the host Member State.

               (7)

               To ensure coherence, specific forms should be used where an investment firm or a market operator, operating a multilateral trading facility or organised trading facility wishes to provide within the territory of another Member State appropriate arrangements so as to facilitate access to and trading on those systems by remote users, members or participants established in that Member State, in order to ensure the adequacy of both the information submitted by the investment firm or market operator to the competent authority of the home Member State and the information submitted by the competent authority of the home Member State to the competent authority of the host Member State.

               (8)

               For reasons of consistency and in order to ensure the smooth functioning of the financial markets, it is necessary that the provisions laid down in this Regulation and the related national provisions transposing Directive 2014/65/EU apply from the same date.

               (9)

               This Regulation is based on the draft implementing technical standards submitted by the European Securities and Markets Authority (ESMA) to the Commission.

               (10)

               In accordance with Article 15 of Regulation (EU) No 1095/2010 of the European Parliament and of the Council (3), ESMA has conducted open public consultations on such draft implementing technical standards, analysed the potential related costs and benefits and requested the opinion of the Securities and Markets Stakeholder Group established in accordance with Article 37 of that Regulation,

         HAS ADOPTED THIS REGULATION:
   Article 1
   Scope
   1.   This Regulation shall apply to investment firms and market operators operating a multilateral trading facility (MTF) or an organised trading facility (OTF).
   2.   This Regulation shall also apply to credit institutions authorised under Directive 2013/36/EU which provide one or more investment services or perform investment activities under Directive 2014/65/EU, and wish to use tied agents under any of the following rights:

               (a)

               the right of freedom to provide investment services and activities in accordance with Article 34(5) of Directive 2014/65/EU;

               (b)

               the right of establishment in accordance with Article 35(7) of Directive 2014/65/EU.

         Article 2
   General requirements
   1.   Any notification or communication submitted under this Regulation shall be provided in an official Union language accepted by both the competent authority of the home Member State and by the competent authority of the host Member State.
   It shall be submitted in paper form or, where accepted by the relevant competent authority, by electronic means.
   2.   The competent authorities shall make publicly available information on the accepted language(s) and means of submission, including contact details for passport notifications.
   Article 3
   Submission of the investment services and activities passport notification
   1.   An investment firm shall submit to the competent authority of the home Member State an investment services and activities passport notification pursuant to Article 34(2) or (5) of Directive 2014/65/EU the form set out in Annex I.
   2.   An investment firm shall submit, for each Member State in which it intends to operate, a separate investment services and activities passport notification to the competent authority of the home Member State pursuant to paragraph 1.
   3.   An investment firm or a credit institution referred to in Article 1(2)(a) wishing to provide investment services or activities through a tied agent established in the home Member State shall submit an investment services and activities passport notification to the competent authority of the home Member State, by filling in only those parts relevant to the tied agent in the form set out in Annex I.
   Article 4
   Assessment of completeness and accuracy of the investment services and activities passport notification
   1.   On receipt of an investment services and activities passport notification pursuant to Article 3, the competent authority of the home Member State shall assess the completeness and accuracy of the information provided.
   2.   Where the information provided is found to be incomplete or incorrect, the competent authority of the home Member State shall, without undue delay, inform the investment firm or credit institution referred to in Article 1(2)(a) thereof. The competent authority of the home Member State shall indicate in which particular respect the information has been found to be incomplete or incorrect.
   3.   The 1-month period referred to in Article 34(3) and in the second subparagraph of Article 34(5) of Directive 2014/65/EU shall begin upon receipt of an investment services and activities passport notification containing information that is found to be complete and correct.
   Article 5
   Communication regarding the investment services and activities passport notification
   1.   The competent authority of the home Member State shall, within 1 month of receiving a notification pursuant to Article 3, inform the competent authority of the host Member State of that notification, using the form set out in Annex II, together with a copy of the notification.
   2.   The competent authority of the home Member State shall, without undue delay, inform the investment firm or the credit institution referred to in Article 1(2)(a) about the onward communication pursuant to paragraph 1, including the date of that communication.
   Article 6
   Submission of the change of investment services and activities particulars notification
   1.   In the event of a change in any of the particulars of an investment services and activities passport notification, the investment firm or credit institution referred to in Article 1(2)(a) shall submit a notification to the competent authority of the home Member State using the form set out in Annex I.
   2.   For the purposes of the notification pursuant to paragraph 1 of this Article, the investment firm or credit institution referred to in Article 1(2)(a) shall complete only those parts of the form set out in Annex I relevant to the changes in the particulars of the investment services and activities passport notification.
   3.   For the purposes of the notification of changes related to the investment services, activities, ancillary services or financial instruments provided, the investment firm or credit institution referred to in Article 1(2)(a) shall list all the investment services, activities, ancillary services or financial instruments that it provides at the time of the notification, or intends to provide in the future.
   Article 7
   Communication regarding the change of investment services and activities particulars notification
   1.   After receiving a notification pursuant to Article 6, the competent authority of the home Member State shall, without undue delay, communicate the notified changes to the competent authority of the host Member State, using the form set out in Annex III, together with a copy of the notification pursuant to Article 6.
   2.   In the event that the authorisation of an investment firm or credit institution is withdrawn or cancelled, the competent authority of the home Member State shall notify the competent authority of the host Member State, using the form set out in Annex III.
   Article 8
   Submission of the notification for the provision of arrangements to facilitate access to an MTF or an OTF
   An investment firm or a market operator operating an MTF or OTF that intends to provide, within the territory of another host Member State, appropriate arrangements to facilitate access to and trading on those systems by remote users, members or participants established in that host Member State shall notify to the competent authority of the home Member State the details of the host Member State in which it intends to provide such arrangements, using the form set out in Annex IV.
   Article 9
   Communication regarding the notification for the provision of arrangements to facilitate access to an MTF or an OTF
   1.   The competent authority of the home Member State shall, within 1 month of receiving the notification pursuant to Article 8, inform the competent authority of the host Member State of that notification, using the form set out in Annex V, together with a copy of the notification.
   2.   The competent authority of the home Member State shall, without undue delay, inform the investment firm or the market operator operating an MTF or an OTF about the onward communication pursuant to paragraph 1, including the date of that communication.
   Article 10
   Submission of the change of particulars for the provision of arrangements to facilitate access to an MTF or an OTF notification
   1.   In case of a change in any of the particulars of a notification for the provision of arrangements to facilitate access to an MTF or an OTF, the investment firm or the market operator operating an MTF or an OTF shall submit a notification to the competent authority of the home Member State using the form set out in Annex IV.
   2.   For the purposes of the notification pursuant to paragraph 1, the investment firm or the market operator operating an MTF or an OTF shall complete only those parts of the form set out in Annex IV relevant to the changes in the particulars of the notification for the provision of arrangements to facilitate access to an MTF or an OTF.
   Article 11
   Communication regarding the change of particulars for the provision of arrangements to facilitate access to an MTF or an OTF notification
   After receiving a notification pursuant to Article 10(1), the competent authority of the home Member State shall, without undue delay, communicate the notified changes to the competent authority of the host Member State, using the form set out in Annex III, together with a copy of the notification.
   Article 12
   Submission of the branch passport notification
   An investment firm wishing to establish a branch within the territory of another Member State shall submit to the competent authority of the home Member State the information as required by Article 35(2) of Directive 2014/65/EU, using the form set out in Annex VI.
   Article 13
   Submission of the tied agent passport notification
   1.   An investment firm or a credit institution referred to in Article 1(2)(b) wishing to use a tied agent established in another Member State shall submit to the competent authority of the home Member State the information as required by Article 35(2) of Directive 2014/65/EU, using the form set out in Annex VII.
   2.   Where an investment firm or credit institution referred to in Article 1(2)(b) wishes to use more than one tied agents in another Member State it shall complete a separate notification in respect of each tied agent it intends to use.
   3.   An investment firm wishing to establish a branch which intends to use tied agents shall submit to the competent authority of the home Member State a separate tied agent passport notification in respect of each tied agent by completing the form set out in Annex VII.
   Article 14
   Assessment of completeness and accuracy of the branch passport notification or tied agent passport notification
   1.   Upon receipt of a notification pursuant to Article 12 or 13, the competent authority of the home Member State shall assess the completeness and accuracy of the information provided.
   2.   Where the information provided is found to be incomplete or incorrect, the competent authority of the home Member State shall, without undue delay, inform the investment firm or the credit institutions referred to in Article 1(2)(b) thereof. The competent authority of the home Member State shall indicate in which particular respect the information has been found to be incomplete or incorrect.
   3.   The 3-month period provided for in Article 35(3) and in the second subparagraph of Article 35(7) of Directive 2014/65/EU shall begin upon receipt of a branch passport notification or tied agent passport notification containing information that is found to be complete and correct.
   Article 15
   Communication regarding the branch passport notification
   1.   The competent authority of the home Member State shall, within 3 months of receiving the branch passport notification pursuant to Article 12, inform the competent authority of the host Member State of that notification, using the form set out in Annex VIII, together with a copy of the notification.
   2.   The competent authority of the home Member State shall, without undue delay, inform the investment firm about the onward communication pursuant to paragraph 1, including the date of that communication.
   3.   The competent authority of the host Member State shall acknowledge receipt of the notification both to the competent authority of the home Member State and the investment firm.
   Article 16
   Communication regarding the tied agent passport notification
   1.   The competent authority of the home Member State shall, within 3 months of receiving the tied agent passport notification pursuant to Article 13, inform the competent authority of the host Member State of that notification, using the form set out in Annex IX, together with a copy of the notification.
   2.   The competent authority of the home Member State shall, without undue delay, inform the investment firm or credit institution about the onward communication pursuant to paragraph 1, including the date of that communication.
   3.   The competent authority of the host Member State shall acknowledge receipt of the notification both to the competent authority of the home Member State and the investment firm or credit institution referred to in Article 1(2)(b).
   4.   The tied agent shall not commence its proposed investment services or activities before it is registered in the public register in the Member State where that tied agent is established, in accordance with Article 29(3) of Directive 2014/65/EU.
   5.   The tied agent shall not commence its proposed investment services or activities before it has received the communication from the competent authority of the host Member State.
   6.   Where such a communication is not made, the tied agent can commence its proposed investment services and activities 2 months after the date of submission of the communication by the competent authority of the home Member State, as referred to in paragraph 2.
   Article 17
   Submission of the change of branch particulars notification
   1.   In the event of a change in the particulars of a branch passport notification, the investment firm shall submit to the competent authority of the home Member State a notification using the form set out in Annex VI.
   The investment firm or credit institution shall complete only those parts of the form set out in Annex VI relevant to the changes in the particulars of the branch passport notification.
   2.   Where the investment firm or credit institution intends to make changes to the investment services, activities, ancillary services or financial instruments provided through tied agents, it shall notify, using the form set out in Annex VI, a list of all the investment services, activities, ancillary services or financial instruments that it provides through tied agents at the time of that notification or intends to provide through tied agents in the future.
   3.   Changes to the particulars of a branch passport notification concerning the termination of the operation of the branch shall be notified using the form set out in Annex X.
   Article 18
   Submission of the change in the tied agent particulars notification
   1.   In the event of a change in any of the particulars of a tied agent passport notification, the investment firm or the credit institution referred to in Article 1(2)(b) shall submit to the competent authority of the home Member State a notification, using the form set out in Annex VII.
   The investment firm or credit institution shall only complete those parts of the form set out in Annex VII relevant to the changes in the particulars of the tied agent passport notification.
   2.   Where the investment firm intends to make changes to the investment services, activities, or financial instruments subject to a tied agent passport notification, it shall notify, in the form set out in Annex VI, a list of all the investment services, activities, or financial instruments that it provides through the tied agent at the time of notification or intends to provide in the future.
   3.   Changes to the particulars of a tied agent passport notification concerning the cessation of the use of a tied agent established in another Member State shall be notified using the form set out in Annex X.
   Article 19
   Communication regarding the change of branch particulars notification
   1.   After receiving a notification pursuant to Article 17(1), the competent authority of the home Member State shall, without undue delay, communicate the notified changes to the competent authority of the host Member State, using the form set out in Annex XI, together with a copy of the notification.
   2.   After receiving a notification pursuant to Article 17(3), the competent authority of the home Member State shall, without undue delay, communicate the notified changes to the competent authority of the host Member State, using the form set out in Annex XIII, together with a copy of the notification.
   Article 20
   Communication regarding the change of tied agent particulars notification
   1.   After receiving a notification pursuant to Article 18(1), the competent authority of the home Member State shall, without undue delay, communicate the notified changes to the competent authority of the host Member State, using the form set out in Annex XII, together with a copy of the notification.
   2.   After receiving a notification pursuant to Article 18(3), the competent authority of the home Member State shall, without undue delay, communicate the notified changes to the competent authority of the host Member State, using the form set out in Annex XIII, together with a copy of the notification.
   Article 21
   Entry into force and application
   This Regulation shall enter into force on the day following that of its publication in the Official Journal of the European Union.
   It shall apply from 3 January 2018.

      This Regulation shall be binding in its entirety and directly applicable in all Member States.
      Done at Brussels, 14 December 2017.

            For the Commission

            The President

         Jean-Claude JUNCKER

      (1)  OJ L 173, 12.6.2014, p. 349.

      (2)  Directive 2013/36/EU of the European Parliament and of the Council of 26 June 2013 on access to the activity of credit institutions and the prudential supervision of credit institutions and investment firms, amending Directive 2002/87/EC and repealing Directives 2006/48/EC and 2006/49/EC (OJ L 176, 27.6.2013, p. 338).

      (3)  Regulation (EU) No 1095/2010 of the European Parliament and of the Council of 24 November 2010 establishing a European Supervisory Authority (European Securities and Markets Authority), amending Decision No 716/2009/EC and repealing Commission Decision 2009/77/EC (OJ L 331, 15.12.2010, p. 84).

      ANNEX I

      ANNEX II

      ANNEX III

      ANNEX IV

      ANNEX V

      ANNEX VI

      ANNEX VII

      ANNEX VIII

      ANNEX IX

      ANNEX X

      ANNEX XI

      ANNEX XII

      ANNEX XIII


title: Commission Implementing Regulation (EU) 2017/2383 of 19 December 2017 extending the derogation from Council Regulation (EC) No 1967/2006 as regards the minimum distance from coast and the minimum sea depth for the ‘volantina’ trawlers fishing in the territorial waters of Slovenia

text:
               20.12.2017

               EN

               Official Journal of the European Union

               L 340/32

         COMMISSION IMPLEMENTING REGULATION (EU) 2017/2383
   of 19 December 2017
   extending the derogation from Council Regulation (EC) No 1967/2006 as regards the minimum distance from coast and the minimum sea depth for the ‘volantina’ trawlers fishing in the territorial waters of Slovenia
   THE EUROPEAN COMMISSION,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to Council Regulation (EC) No 1967/2006 of 21 December 2006 concerning management measures for the sustainable exploitation of fishery resources in the Mediterranean Sea (1), and in particular Article 13(5) thereof,
   Whereas:

               (1)

               Article 13(1) of Regulation (EC) No 1967/2006 prohibits the use of towed gears within 3 nautical miles of the coast or within the 50 metres isobath where that depth is reached at a shorter distance from the coast.

               (2)

               At the request of a Member State, the Commission may allow a derogation from Article 13(1) of Regulation (EC) No 1967/2006, provided that a number of conditions set out in Article 13(5) and(9) are fulfilled.

               (3)

               On 8 February 2013 the Commission received a request from Slovenia for a derogation from the first subparagraph of Article 13(1) of Regulation (EC) No 1967/2006, for the use of ‘volantina’ trawls in the territorial waters of Slovenia, at less than 50 meters depth, in the area between 1,5 and 3 nautical miles from the coast.

               (4)

               The derogation requested by Slovenia complied with the conditions laid down in Article 13(5) and (9) of Regulation (EC) No 1967/2006 and was granted until 23 March 2017 by Commission Implementing Regulation (EU) No 277/2014 (2).

               (5)

               On 20 June 2016 the Commission received a request from Slovenia to extend the derogation beyond 23 March 2017. Slovenia provided up-to-date information justifying the extension of the derogation, in light of the requirements of Regulation (EC) No 1967/2006. The request concerns vessels with a track record in the fishery of more than five years and which operate under a management plan adopted by Slovenia on 13 February 2014 (3) in accordance with Article 19(2) of Regulation (EC) No 1967/2006. Those vessels are included on a list communicated to the Commission in line with the requirements of Article 13(9) of Regulation (EC) No 1967/2006.

               (6)

               The Scientific, Technical and Economic Committee for Fisheries (STECF) assessed the derogation requested by Slovenia and the related draft management plan at its 52nd plenary session held from 4 to 8 July 2016.

               (7)

               In light of the STECF evaluation, Slovenia submitted to the Commission additional scientific data and reports on 7 September 2016 and, on 27 December 2016, an updated management plan.

               (8)

               STECF assessed the derogation requested by Slovenia and the additional documents at its 54th plenary session held from 27 to 31 March 2017. STECF highlighted need for clarifications on track record of authorised vessels, fishing gears used and bycatches. Slovenia provided adequate clarifications to the Commission and ensured the development of additional scientific study on catches and efforts to increase the selectivity of the gears.

               (9)

               The derogation requested by Slovenia complies with the conditions laid down in Article 13(5) and (9) of Regulation (EC) No 1967/2006.

               (10)

               In particular, there are specific geographical constraints, as the territorial waters of Slovenia do not at any point reach a depth of 50 meters. In the absence of a derogation, volantina trawlers could therefore only operate beyond 3 nautical miles from the coast, where fishing grounds are significantly limited by an area devoted to commercial shipping routes.

               (11)

               The management plan sets out all relevant definitions on the fisheries concerned and guarantees no future increase in the fishing effort, as fishing authorisations will be issued only to specified 12 vessels that are already authorised to fish by Slovenia.

               (12)

               The ‘volantina’ trawl fishery cannot be undertaken with other gears, has no significant impact on marine environment, including protected habitats, and does not interfere with gears other than trawls, seines or similar towed nets.

               (13)

               The derogation requested by Slovenia affects a limited number of only 12 vessels. The registration numbers of these vessels are specified in the management plan.

               (14)

               The fishing activities concerned fulfil the requirements of Article 4(1) of Regulation (EC) No 1967/2006 which, by way of derogation, allows fishing above protected habitats if fishing is operated without touching the seagrass bed under certain conditions.

               (15)

               The requested derogation complies with Article 8(1)(h) of Regulation (EC) No 1967/2006 since it relates to trawlers operating with mesh sizes not smaller than 40 mm.

               (16)

               The fishing activities concerned fulfil the requirements of Article 9(3) of Regulation (EC) No 1967/2006. ‘Volantina’ trawlers do not target cephalopods.

               (17)

               The Slovenian management plan includes measures for the monitoring of fishing activities, as provided for in the third subparagraph of Article 13(9) of Regulation (EC) No 1967/2006 and in Articles 14 and 15 of Council Regulation (EC) No 1224/2009 (4).

               (18)

               The requested derogation should therefore be granted.

               (19)

               Slovenia should report to the Commission in due time and in accordance with the monitoring plan provided for in the Slovenian management plan.

               (20)

               A limitation in duration of the derogation should be established in order to allow prompt corrective management measures in case the report to the Commission shows a poor conservation status of the exploited stock while providing scope to improve the scientific basis for an improved management plan.

               (21)

               Since the derogation granted by Implementing Regulation (EU) No 277/2014 expired on 23 March 2017, this Regulation should apply from 24 March 2017.

               (22)

               The measures provided for in this Regulation are in accordance with the opinion of the Committee for Fisheries and Aquaculture,

         HAS ADOPTED THIS REGULATION:
   Article 1
   Derogation
   Article 13(1) of Regulation (EC) No 1967/2006 shall not apply in territorial waters of Slovenia, irrespective of the depth, between 1,5 and 3 nautical miles from the coast, to ‘volantina’ trawls which are used by vessels:

               (a)

               bearing the registration number mentioned in the Slovenian management plan adopted by Slovenia in accordance with Article 19(2) of Regulation (EC) No 1967/2006;

               (b)

               having a track record in the fishery of more than five years and not involving any future increase in the fishing effort deployed; and

               (c)

               holding a fishing authorization and operating under the management plan.

         Article 2
   Monitoring plan and reporting
   Slovenia shall communicate to the Commission, within three years following the entry into force of this Regulation, a report drawn up in accordance with the monitoring plan established in the management plan referred to in Article 1.
   Article 3
   Entry into force and period of application
   This Regulation shall enter into force on the third day following that of its publication in the Official Journal of the European Union.
   It shall apply from 24 March 2017 until 27 March 2020.

      This Regulation shall be binding in its entirety and directly applicable in all Member States.
      Done at Brussels, 19 December 2017.

            For the Commission

            The President

         Jean-Claude JUNCKER

      (1)  OJ L 36, 8.2.2007, p. 6.

      (2)  Commission Implementing Regulation (EU) No 277/2014 of 19 March 2014 derogating from Council Regulation (EC) No 1967/2006 as regards the minimum distance from coast and the minimum sea depth for the ‘volantina’ trawlers fishing in the territorial waters of Slovenia (OJ L 82, 20.3.2014, p. 1).

      (3)  Decision No 34200-2/2014/4 of 13.2.2014.

      (4)  Council Regulation (EC) No 1224/2009 of 20 November 2009 establishing a Community control system for ensuring compliance with the rules of the common fisheries policy, amending Regulations (EC) No 847/96, (EC) No 2371/2002, (EC) No 811/2004, (EC) No 768/2005, (EC) No 2115/2005, (EC) No 2166/2005, (EC) No 388/2006, (EC) No 509/2007, (EC) No 676/2007, (EC) No 1098/2007, (EC) No 1300/2008, (EC) No 1342/2008 and repealing Regulations (EEC) No 2847/93, (EC) No 1627/94 and (EC) No 1966/2006 (OJ L 343, 22.12.2009, p. 1).


title: Commission Implementing Regulation (EU) 2017/2387 of 19 December 2017 determining the quantities to be added to the quantity fixed for the subperiod from 1 April to 30 June 2018 under the tariff quota opened by Regulation (EC) No 536/2007 for poultrymeat originating in the United States of America

text:
               20.12.2017

               EN

               Official Journal of the European Union

               L 340/45

         COMMISSION IMPLEMENTING REGULATION (EU) 2017/2387
   of 19 December 2017
   determining the quantities to be added to the quantity fixed for the subperiod from 1 April to 30 June 2018 under the tariff quota opened by Regulation (EC) No 536/2007 for poultrymeat originating in the United States of America
   THE EUROPEAN COMMISSION,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to Regulation (EU) No 1308/2013 of the European Parliament and of the Council of 17 December 2013 establishing a common organisation of the markets in agricultural products and repealing Council Regulations (EEC) No 922/72, (EEC) No 234/79, (EC) No 1037/2001 and (EC) No 1234/2007 (1), and in particular Article 188(2) and (3) thereof,
   Whereas:

               (1)

               Commission Regulation (EC) No 536/2007 (2) opened an annual tariff quota for imports of poultrymeat products originating in the United States of America.

               (2)

               The quantities covered by the applications for import licences lodged from 1 to 7 December 2017 for the subperiod from 1 January to 31 March 2018 are less than those available. The quantities for which applications have not been lodged should therefore be determined and these should be added to the quantity fixed for the following quota subperiod.

               (3)

               In order to ensure the efficient management of the measure, this Regulation should enter into force on the day of its publication in the Official Journal of the European Union,

         HAS ADOPTED THIS REGULATION:
   Article 1
   The quantities for which import licence applications have not been lodged pursuant to Regulation (EC) No 536/2007, to be added to the subperiod from 1 April to 30 June 2018, are 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 2017.

            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)  Commission Regulation (EC) No 536/2007 of 15 May 2007 opening and providing for the administration of a tariff quota for poultrymeat allocated to the United States of America (OJ L 128, 16.5.2007, p. 6).

      ANNEX

                  Order No

                  Quantities not applied for, to be added to the quantities available for the subperiod from 1 April to 30 June 2018
                  (kg)

                  09.4169

                  15 643 542


title: Commission Implementing Regulation (EU) 2017/2384 of 19 December 2017 specifying the technical characteristics of the 2019 ad hoc module on work organisation and working time arrangements as regards the labour force sample survey pursuant to Council Regulation (EC) No 577/98 (Text with EEA relevance. )

text:
                  20.12.2017

                  EN

                  Official Journal of the European Union

                  L 340/35

            COMMISSION IMPLEMENTING REGULATION (EU) 2017/2384
      of 19 December 2017
      specifying the technical characteristics of the 2019 ad hoc module on work organisation and working time arrangements as regards the labour force sample survey pursuant to Council Regulation (EC) No 577/98
      (Text with EEA relevance)
      THE EUROPEAN COMMISSION,
      Having regard to the Treaty on the Functioning of the European Union,
      Having regard to Council Regulation (EC) No 577/98 of 9 March 1998 on the organisation of a labour force sample survey in the Community (1), and in particular Article 7a(5) thereof,
      Whereas:

                  (1)

                  The European employment strategy, the employment guidelines (2) and the European Pillar of Social Rights (3), in particular its principles on secure and adaptable employment, work-life balance and well-adapted work environment, express the need for greater adaptability of both enterprises and workers in Europe and highlight the need to collect data with a large-scale European survey on the application of various forms of new practices in work organisation and working time arrangements and the experiences of workers with those practices and arrangements.

                  (2)

                  Commission Delegated Regulation (EU) 2016/1851 (4) specifies and gives a description of the areas on which more detailed information is to be provided, namely the ad hoc sub-modules, and which should be included in the 2019 ad hoc module on work organisation and working time arrangements as regards the labour force sample survey pursuant to Council Regulation (EC) No 577/98.

                  (3)

                  Therefore, the technical characteristics, the filters, the codes and the deadline for the transmission of data by Member States under the ad hoc module on work organisation and working time arrangements should be specified.

                  (4)

                  The measures provided for in this Regulation are in accordance with the opinion of the European Statistical System Committee,

            HAS ADOPTED THIS REGULATION:
      Article 1
      The technical characteristics of the 2019 ad hoc module on work organisation and working time arrangements, the filters, the codes to be used and the deadline by which Members States shall send the results to the Commission are laid down in the Annex to this Regulation.
      Article 2
      This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.

         This Regulation shall be binding in its entirety and directly applicable in all Member States.
         Done at Brussels, 19 December 2017.

               For the Commission

               The President

            Jean-Claude JUNCKER

         (1)  OJ L 77, 14.3.1998, p. 3.

         (2)  Council Decision (EU) 2015/1848 of 5 October 2015 on guidelines for the employment policies of the Member States for 2015 (OJ L 268, 15.10.2015, p. 28).

         (3)  https://ec.europa.eu/commission/priorities/deeper-and-fairer-economic-and-monetary-union/european-pillar-social-rights_en

         (4)  Commission Delegated Regulation (EU) 2016/1851 of 14 June 2016 adopting the programme of ad hoc modules, covering the years 2019, 2020 and 2021, for the labour force sample survey provided for by Council Regulation (EC) No 577/98 (OJ L 284, 20.10.2016, p. 1).

         ANNEX
         This Annex sets out the technical characteristics, filters and codes to be used in the ad hoc module on work organisation and working time arrangements scheduled to be carried out in 2019. It also sets the dates for submission of data by the Member States to the Commission.

            Deadline for transmission of the results to the Commission: 31 March 2020.

            Filters and codes to be used for sending data: as set out in Annex III to Commission Regulation (EC) No 377/2008 (1).

            Columns reserved for optional weighting factors, to be used in cases of subsampling or non-response: columns 226-229 containing whole numbers and columns 230-231 containing decimal places.
         (1)   Sub-module ‘Flexibility of working times’

                     Name/Column

                     Code

                     Description

                     Filter

                     VARIWT

                        Variable working times

                     WSTATOR = 1,2

                     211

                        How is determined the start and end of the working time in the main job

                     1

                     Worker can fully decide working time

                     2

                     Worker can decide working time with certain restrictions

                     3

                     Employer or organisation mainly decides working time

                     9

                     Not applicable (not included in the filter)

                     Blank

                     No answer/Don't know

                     FREEHOUR

                        Freedom to take hours off

                     VARIWT = 2,3,blank

                     212

                        Possibility to take one or two hours off in the main job for personal or family matters within one working day

                     1

                     Very easy

                     2

                     Quite easy

                     3

                     Quite difficult

                     4

                     Very difficult

                     9

                     Not applicable (not included in the filter)

                     Blank

                     No answer/Don't know

                     FREELEAV

                        Freedom in taking leave

                     WSTATOR = 1,2

                     213

                        Possibility to take in the main job one or two days of leave within three working days

                     1

                     Very easy

                     2

                     Quite easy

                     3

                     Quite difficult

                     4

                     Very difficult

                     9

                     Not applicable (not included in the filter)

                     Blank

                     No answer/Don't know

                     FLEXWT

                        Expected flexibility in working times

                     WSTATOR = 1,2

                     214

                        Frequency to which the worker has to face unforeseen demands for changed working time in the main job

                     1

                     At least once a week

                     2

                     Less than every week but at least every month

                     3

                     Less than every month or never

                     9

                     Not applicable (not included in the filter)

                     Blank

                     No answer/Don't know

                     AVAIFREE

                        Available for work in free time

                     WSTATOR = 1,2

                     215

                        Worker was contacted during leisure time in the last two months to take action before the next working day for the main job

                     1

                     Was not contacted in the last 2 months

                     2

                     Was contacted on a few occasions

                     3

                     Was contacted several times and expected to act before the next working day

                     4

                     Was contacted several times and not expected to act before the next working day

                     9

                     Not applicable (not included in the filter)

                     Blank

                     No answer/Don't know

               (2)   Sub-module ‘Methods at work’

                     Name/Column

                     Code

                     Description

                     Filter

                     RECHOURS

                        Recording of presence or working hours

                     STAPRO = 3

                     216-217

                        Method of recording the presence or working hours in the main job

                     01

                     Presence and hours are not recorded

                     02

                     Presence is recorded manually by one-self

                     03

                     Presence is recorded manually by supervisor/colleague

                     04

                     Presence is recorded automatically (clocking system, at log-in)

                     05

                     Presence is recorded with another method

                     06

                     Hours are recorded manually by one-self

                     07

                     Hours are recorded manually by supervisor/colleague

                     08

                     Hours are recorded automatically (clocking system, at log-in)

                     09

                     Hours are recorded with another method

                     99

                     Not applicable (not included in the filter)

                     Blank

                     No answer/Don't know

                     PRESSURE

                        Working under time pressure

                     WSTATOR = 1,2

                     218

                        Frequency to which the person works under time pressure in the main job

                     1

                     Always

                     2

                     Often

                     3

                     Sometimes

                     4

                     Never

                     9

                     Not applicable (not included in the filter)

                     Blank

                     No answer/Don't know

                     JOBAUTON

                        Job autonomy

                     WSTATOR = 1,2

                     219-220

                        Possibility to influence order and content of tasks in the main job

                     11

                     Large influence on order and content

                     12

                     Large influence on order and some on content

                     13

                     Large influence on order and little or none on content

                     21

                     Some influence on order and a large one on content

                     22

                     Some influence on order and on content

                     23

                     Some influence on order and little or none on content

                     31

                     Large influence on content and little or none on order

                     32

                     Some influence on content and a little or none on order

                     33

                     Little or no influence on order and content

                     99

                     Not applicable (not included in the filter)

                     Blank

                     No answer/Don't know

               (3)   Sub-module ‘Place of work’

                     Name/Column

                     Code

                     Description

                     Filter

                     PLACEWK

                        Main place of work

                     WSTATOR = 1,2

                     221

                        Place where activities for main job are primarily carried out

                     1

                     Employers' or own premises

                     2

                     Home

                     3

                     Clients' place

                     4

                     Non-fixed place (vehicle, delivery service, etc.)

                     5

                     Other

                     9

                     Not applicable (not included in the filter)

                     Blank

                     No answer/Don't know

                     COMMUTM

                        Commuting time

                     PLACEWK≠2

                     222-224

                        Time to get from home to work for the main job (one way)

                     000-240

                     Minutes

                     999

                     Not applicable (not included in the filter)

                     Blank

                     No answer/Don't know

                     OTHERLOC

                        Working on other locations

                     PLACEWK = 1-5

                     225

                        Works in more than one location for the main job

                     1

                     Daily

                     2

                     Not daily but at least every week

                     3

                     Less than every week but at least every month

                     4

                     Less than every month or never

                     9

                     Not applicable (not included in the filter)

                     Blank

                     No answer/Don't know

            (1)  Commission Regulation (EC) No 377/2008 of 25 April 2008 implementing Council Regulation (EC) No 577/98 on the organisation of a labour force sample survey in the Community as regards the codification to be used for data transmission from 2009 onwards, the use of a subsample for the collection of data on structural variables and the definition of the reference quarters (OJ L 114, 26.4.2008, p. 57).


title: Commission Implementing Regulation (EU) 2017/2385 of 19 December 2017 establishing the allocation coefficient to be applied to the quantities covered by the applications for import licences lodged from 1 to 7 December 2017 and determining the quantities to be added to the quantity fixed for the subperiod from 1 April to 30 June 2018 under the tariff quotas opened by Regulation (EC) No 533/2007 in the poultrymeat sector

text:
               20.12.2017

               EN

               Official Journal of the European Union

               L 340/41

         COMMISSION IMPLEMENTING REGULATION (EU) 2017/2385
   of 19 December 2017
   establishing the allocation coefficient to be applied to the quantities covered by the applications for import licences lodged from 1 to 7 December 2017 and determining the quantities to be added to the quantity fixed for the subperiod from 1 April to 30 June 2018 under the tariff quotas opened by Regulation (EC) No 533/2007 in the poultrymeat sector
   THE EUROPEAN COMMISSION,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to Regulation (EU) No 1308/2013 of the European Parliament and of the Council of 17 December 2013 establishing a common organisation of the markets in agricultural products and repealing Council Regulations (EEC) No 922/72, (EEC) No 234/79, (EC) No 1037/2001 and (EC) No 1234/2007 (1), and in particular Article 188 thereof,
   Whereas:

               (1)

               Commission Regulation (EC) No 533/2007 (2) opened annual tariff quotas for imports of poultrymeat products.

               (2)

               For some quotas, the quantities covered by the applications for import licences lodged from 1 to 7 December 2017 for the subperiod from 1 January to 31 March 2018 exceed those available. The extent to which import licences may be issued should therefore be determined by establishing the allocation coefficient to be applied to the quantities requested, calculated in accordance with Article 7(2) of Commission Regulation (EC) No 1301/2006 (3).

               (3)

               The quantities covered by the applications for import licences lodged from 1 to 7 December 2017 for the subperiod from 1 January to 31 March 2018 are, for some quotas, less than those available. The quantities for which applications have not been lodged should therefore be determined and these should be added to the quantity fixed for the following quota subperiod.

               (4)

               In order to ensure the efficient management of the measure, this Regulation should enter into force on the day of its publication in the Official Journal of the European Union,

         HAS ADOPTED THIS REGULATION:
   Article 1
   1.   The quantities covered by the applications for import licences lodged under Regulation (EC) No 533/2007 for the subperiod from 1 January to 31 March 2018 shall be multiplied by the allocation coefficient set out in the Annex to this Regulation.
   2.   The quantities for which import licence applications have not been lodged pursuant to Regulation (EC) No 533/2007, to be added to the subperiod from 1 April to 30 June 2018, are 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 2017.

            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)  Commission Regulation (EC) No 533/2007 of 14 May 2007 opening and providing for the administration of tariff quotas in the poultrymeat sector (OJ L 125, 15.5.2007, p. 9).

      (3)  Commission Regulation (EC) No 1301/2006 of 31 August 2006 laying down common rules for the administration of import tariff quotas for agricultural products managed by a system of import licences (OJ L 238, 1.9.2006, p. 13).

      ANNEX

                  Order No

                  Allocation coefficient — applications lodged for the subperiod from 1 January to 31 March 2018
                  (%)

                  Quantities not applied for, to be added to the quantities available for the subperiod from 1 April to 30 June 2018
                  (kg)

                  09.4067

                  1,404135

                  —

                  09.4068

                  0,138103

                  —

                  09.4069

                  0,118836

                  —

                  09.4070

                  —

                  1 335 750


title: Commission Implementing Regulation (EU) 2017/2404 of 20 December 2017 conferring protection under Article 99 of Regulation (EU) No 1308/2013 of the European Parliament and of the Council on the name ‘Maasvallei Limburg’ (PDO)

text:
               21.12.2017

               EN

               Official Journal of the European Union

               L 342/1

         COMMISSION IMPLEMENTING REGULATION (EU) 2017/2404
   of 20 December 2017
   conferring protection under Article 99 of Regulation (EU) No 1308/2013 of the European Parliament and of the Council on the name ‘Maasvallei Limburg’ (PDO)
   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 99 thereof,
   Whereas:

               (1)

               In accordance with Article 97(2) and (3) of Regulation (EU) No 1308/2013, the Commission has examined the application to register the name ‘Maasvallei Limburg’ sent by Belgium and the Netherlands and has published it in the Official Journal of the European Union
                   (2).

               (2)

               No statement of objection has been received by the Commission under Article 98 of Regulation (EU) No 1308/2013.

               (3)

               In accordance with Article 99 of Regulation (EU) No 1308/2013, the name ‘Maasvallei Limburg’ should be protected and entered in the register referred to in Article 104 of that Regulation.

               (4)

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

         HAS ADOPTED THIS REGULATION:
   Article 1
   The name ‘Maasvallei Limburg’ (PDO) is hereby protected.
   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 December 2017.

            For the Commission

            The President

         Jean-Claude JUNCKER

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

      (2)  OJ C 278, 22.8.2017, p. 4.


title: Commission Implementing Regulation (EU) 2017/2405 of 20 December 2017 conferring protection under Article 99 of Regulation (EU) No 1308/2013 of the European Parliament and of the Council on the name ‘Picpoul de Pinet’ (PDO)

text:
               21.12.2017

               EN

               Official Journal of the European Union

               L 342/3

         COMMISSION IMPLEMENTING REGULATION (EU) 2017/2405
   of 20 December 2017
   conferring protection under Article 99 of Regulation (EU) No 1308/2013 of the European Parliament and of the Council on the name ‘Picpoul de Pinet’ (PDO)
   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 99 thereof,
   Whereas:

               (1)

               In accordance with Article 97(2) and (3) of Regulation (EU) No 1308/2013, the Commission examined France's application to register the name ‘Picpoul de Pinet’. The Commission found that the conditions laid down in Articles 93 to 96, 97(1), 100, 101 and 102 of Regulation (EU) No 1308/2013 had been met. It thus found, subject to possible opposition, that protection could be granted to the composite name ‘Picpoul de Pinet’ as a whole, on the basis of its traditional usage. The Commission also considered that this registration would not prevent the use — provided the principles and rules applicable in the Union's legal order are respected — of the name of the ‘piquepoul’ grape variety or its synonyms, since this name neither contains nor consists of the name ‘Picpoul de Pinet’, nor, essentially, does it refer to the geographical element of that name, and therefore the conditions laid down in the first subparagraph of Article 100(3) of Regulation (EU) No 1308/2013 are not met. The application to register the name was subsequently published in the Official Journal of the European Union
                   (2).

               (2)

               No statement of opposition has been received by the Commission under Article 98 of Regulation (EU) No 1308/2013.

               (3)

               In accordance with Article 99 of Regulation (EU) No 1308/2013, the name ‘Picpoul de Pinet’ should be protected and entered in the register referred to in Article 104 of that Regulation.

               (4)

               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
   The name ‘Picpoul de Pinet’ (PDO) is hereby protected.
   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 December 2017.

            For the Commission

            The President

         Jean-Claude JUNCKER

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

      (2)  OJ C 253, 4.8.2017, p. 4.


title: Commission Implementing Regulation (EU) 2017/2406 of 20 December 2017 determining the quantities to be added to the quantity fixed for the subperiod 1 April to 30 June 2018 under the tariff quotas opened by Regulation (EC) No 442/2009 in the pigmeat sector

text:
               21.12.2017

               EN

               Official Journal of the European Union

               L 342/4

         COMMISSION IMPLEMENTING REGULATION (EU) 2017/2406
   of 20 December 2017
   determining the quantities to be added to the quantity fixed for the subperiod 1 April to 30 June 2018 under the tariff quotas opened by Regulation (EC) No 442/2009 in the pigmeat sector
   THE EUROPEAN COMMISSION,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to Regulation (EU) No 1308/2013 of the European Parliament and of the Council of 17 December 2013 establishing a common organisation of the markets in agricultural products and repealing Council Regulations (EEC) No 922/72, (EEC) No 234/79, (EC) No 1037/2001 and (EC) No 1234/2007 (1), and in particular Article 188(2) and (3) thereof,
   Whereas:

               (1)

               Commission Regulation (EC) No 442/2009 (2) opened annual tariff quotas for imports of pigmeat products. The quotas listed in Part B of Annex I to that Regulation are managed using the simultaneous examination method.

               (2)

               The quantities covered by import licence applications lodged from 1 to 7 December 2017 for the subperiod 1 January to 31 March 2018 are smaller than those available. The quantities for which applications have not been lodged should therefore be determined and these should be added to the quantity fixed for the following quota subperiod.

               (3)

               In order to ensure the efficient management of the measure, this Regulation should enter into force on the day of its publication in the Official Journal of the European Union,

         HAS ADOPTED THIS REGULATION:
   Article 1
   The quantities for which import licence applications have not been lodged under Regulation (EC) No 442/2009, to be added to the subperiod 1 April to 30 June 2018, are 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, 20 December 2017.

            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)  Commission Regulation (EC) No 442/2009 of 27 May 2009 opening and providing for the administration of Community tariff quotas in the pigmeat sector (OJ L 129, 28.5.2009, p. 13).

      ANNEX

                  Order No

                  Quantities not applied for, to be added to the quantities available for the subperiod 1 April to 30 June 2018
                  (kg)

                  09.4038

                  25 693 750

                  09.4170

                  3 691 500


title: Commission Implementing Regulation (EU) 2017/2407 of 20 December 2017 establishing the allocation coefficient to be applied to the quantities covered by the applications for import licences lodged from 1 to 7 December 2017 and determining the quantities to be added to the quantity fixed for the subperiod from 1 April to 30 June 2018 under the tariff quotas opened by Regulation (EC) No 539/2007 in the egg sector and for egg albumin

text:
               21.12.2017

               EN

               Official Journal of the European Union

               L 342/6

         COMMISSION IMPLEMENTING REGULATION (EU) 2017/2407
   of 20 December 2017
   establishing the allocation coefficient to be applied to the quantities covered by the applications for import licences lodged from 1 to 7 December 2017 and determining the quantities to be added to the quantity fixed for the subperiod from 1 April to 30 June 2018 under the tariff quotas opened by Regulation (EC) No 539/2007 in the egg sector 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 188 thereof,
   Whereas:

               (1)

               Commission Regulation (EC) No 539/2007 (2) opened annual tariff quotas for imports of egg products and egg albumin.

               (2)

               For some quotas, the quantities covered by the applications for import licences lodged from 1 to 7 December 2017 for the subperiod from 1 January to 31 March 2018 exceed those available. The extent to which import licences may be issued should therefore be determined by fixing the allocation coefficient to be applied to the quantities requested, calculated in accordance with Article 7(2) of Commission Regulation (EC) No 1301/2006 (3).

               (3)

               For some quotas, the quantities covered by the applications for import licences lodged from 1 to 7 December 2017 for the subperiod from 1 January to 31 March 2018 are less than those available. The quantities for which applications have not been lodged should therefore be determined, and these should be added to the quantity fixed for the following quota subperiod.

               (4)

               In order to ensure the efficiency of the measure, this Regulation should enter into force on the day of its publication in the Official Journal of the European Union,

         HAS ADOPTED THIS REGULATION:
   Article 1
   1.   The quantities for which import licence applications have been lodged under Regulation (EC) No 539/2007 for the subperiod from 1 January to 31 March 2018 shall be multiplied by the allocation coefficient set out in the Annex hereto.
   2.   The quantities for which import licence applications have not been lodged pursuant to Regulation (EC) No 539/2007, to be added to the subperiod from 1 April to 30 June 2018, are set out in the Annex hereto.
   Article 2
   This Regulation shall enter into force on the day of its publication in the Official Journal of the European Union.

      This Regulation shall be binding in its entirety and directly applicable in all Member States.
      Done at Brussels, 20 December 2017.

            For the Commission,

            On behalf of the President,

         Jerzy PLEWA

            Director-General

            Director-General for Agriculture and Rural Development

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

      (2)  Commission Regulation (EC) No 539/2007 of 15 May 2007 opening and providing for the administration of tariff quotas in the egg sector and for egg albumin (OJ L 128, 16.5.2007, p. 19).

      (3)  Commission Regulation (EC) No 1301/2006 of 31 August 2006 laying down common rules for the administration of import tariff quotas for agricultural products managed by a system of import licences (OJ L 238, 1.9.2006, p. 13).

      ANNEX

                  Order No

                  Allocation coefficient – applications lodged for the subperiod from 1 January to 31 March 2018
                  (as a %)

                  Quantities not applied for, to be added to the quantities available for the subperiod from 1 April to 30 June 2018
                  (shell egg equivalent weight in kg)

                  09.4015

                  —

                  105 912 000

                  09.4401

                  99,823823

                  0

                  09.4402

                  —

                  10 545 000


title: Commission Implementing Regulation (EU) 2017/2421 of 21 December 2017 determining the quantities to be added to the quantity fixed for the subperiod from 1 April to 30 June 2018 under the tariff quotas opened by Implementing Regulation (EU) 2015/2077 for eggs, egg products and egg albumin originating in Ukraine

text:
               22.12.2017

               EN

               Official Journal of the European Union

               L 343/62

         COMMISSION IMPLEMENTING REGULATION (EU) 2017/2421
   of 21 December 2017
   determining the quantities to be added to the quantity fixed for the subperiod from 1 April to 30 June 2018 under the tariff quotas opened by Implementing Regulation (EU) 2015/2077 for eggs, egg products and egg albumin originating in Ukraine
   THE EUROPEAN COMMISSION,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to Regulation (EU) No 1308/2013 of the European Parliament and of the Council of 17 December 2013 establishing a common organisation of the markets in agricultural products and repealing Council Regulations (EEC) No 922/72, (EEC) No 234/79, (EC) No 1037/2001 and (EC) No 1234/2007 (1), and in particular Article 188(2) and (3) thereof,
   Whereas:

               (1)

               Commission Implementing Regulation (EU) 2015/2077 (2) opened annual tariff quotas for imports of eggs and egg albumin originating in Ukraine.

               (2)

               The quantities covered by the applications for import licences lodged from 1 to 7 December 2017 for the subperiod from 1 January to 31 March 2018 are less than those available. The quantities for which applications have not been lodged should therefore be determined and these should be added to the quantity fixed for the next quota subperiod.

               (3)

               In order to ensure efficient management of the measure, this Regulation should enter into force on the day of its publication in the Official Journal of the European Union,

         HAS ADOPTED THIS REGULATION:
   Article 1
   The quantities for which import licence applications have not been lodged pursuant to Implementing Regulation (EU) 2015/2077, to be added to the subperiod from 1 April to 30 June 2018, are 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, 21 December 2017.

            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)  Commission Implementing Regulation (EU) 2015/2077 of 18 November 2015 opening and providing for the administration of Union import tariff quotas for eggs, egg products and albumins originating in Ukraine (OJ L 302, 19.11.2015, p. 57).

      ANNEX

                  Order No

                  Quantities not applied for, to be added to the quantities available for the subperiod from 1 April to 30 June 2018
                  (shell egg equivalent weight in kg)

                  09.4275

                  279 202

                  09.4276

                  375 000


title: Commission Implementing Regulation (EU) 2017/2419 of 21 December 2017 establishing the allocation coefficient to be applied to the quantities covered by the applications for import rights lodged from 1 to 7 December 2017 under the tariff quotas opened by Implementing Regulation (EU) 2015/2078 for poultrymeat originating in Ukraine

text:
               22.12.2017

               EN

               Official Journal of the European Union

               L 343/56

         COMMISSION IMPLEMENTING REGULATION (EU) 2017/2419
   of 21 December 2017
   establishing the allocation coefficient to be applied to the quantities covered by the applications for import rights lodged from 1 to 7 December 2017 under the tariff quotas opened by Implementing Regulation (EU) 2015/2078 for poultrymeat originating in Ukraine
   THE EUROPEAN COMMISSION,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to Regulation (EU) No 1308/2013 of the European Parliament and of the Council of 17 December 2013 establishing a common organisation of the markets in agricultural products and repealing Council Regulations (EEC) No 922/72, (EEC) No 234/79, (EC) No 1037/2001 and (EC) No 1234/2007 (1), and in particular Article 188(1) and (3) thereof,
   Whereas:

               (1)

               Commission Implementing Regulation (EU) 2015/2078 (2) opened annual tariff quotas for imports of poultrymeat products originating in Ukraine.

               (2)

               The quantities covered by the applications for import licences lodged from 1 to 7 December 2017 for the subperiod from 1 January to 31 March 2018 exceed those available. The extent to which import rights may be allocated should therefore be determined and an allocation coefficient laid down to be applied to the quantities applied for, calculated in accordance with Article 6(3) in conjunction with Article 7(2) of Commission Regulation (EC) No 1301/2006 (3).

               (3)

               In order to ensure efficient management of the measure, this Regulation should enter into force on the day of its publication in the Official Journal of the European Union,

         HAS ADOPTED THIS REGULATION:
   Article 1
   The quantities covered by the applications for import rights lodged under Implementing Regulation (EU) 2015/2078 for the subperiod from 1 January to 31 March 2018 shall be multiplied by the allocation coefficient 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, 21 December 2017.

            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)  Commission Implementing Regulation (EU) 2015/2078 of 18 November 2015 opening and providing for the administration of Union import tariff quotas for poultrymeat originating in Ukraine (OJ L 302, 19.11.2015, p. 63).

      (3)  Commission Regulation (EC) No 1301/2006 of 31 August 2006 laying down common rules for the administration of import tariff quotas for agricultural products managed by a system of import licences (OJ L 238, 1.9.2006, p. 13).

      ANNEX

                  Order No

                  Allocation coefficient — applications lodged for the subperiod from 1 January to 31 March 2018
                  (%)

                  09.4273

                  2,644683

                  09.4274

                  23,716742


title: Commission Implementing Regulation (EU) 2017/2420 of 21 December 2017 fixing the allocation coefficient to be applied to the quantities covered by applications for import licences lodged from 1 to 7 December 2017 under the tariff quotas opened by Regulation (EC) No 891/2009 in the sugar sector and suspending the submission of applications for such licences

text:
               22.12.2017

               EN

               Official Journal of the European Union

               L 343/59

         COMMISSION IMPLEMENTING REGULATION (EU) 2017/2420
   of 21 December 2017
   fixing the allocation coefficient to be applied to the quantities covered by applications for import licences lodged from 1 to 7 December 2017 under the tariff quotas opened by Regulation (EC) No 891/2009 in the sugar sector and suspending the submission of applications for such licences
   THE EUROPEAN COMMISSION,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to Regulation (EU) No 1308/2013 of the European Parliament and of the Council of 17 December 2013 establishing a common organisation of the markets in agricultural products and repealing Council Regulations (EEC) No 922/72, (EEC) No 234/79, (EC) No 1037/2001 and (EC) No 1234/2007 (1), and in particular Article 188(1) and (3) thereof,
   Whereas:

               (1)

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

               (2)

               The quantities covered by import licence applications lodged from 1 to 7 December 2017 for the subperiod from 1 to 31 December 2017 are, for order number 09.4321, greater than those available. The extent to which import licences may be issued should therefore be determined by fixing the allocation coefficient to be applied to the quantities requested, calculated in accordance with Article 7(2) of Commission Regulation (EC) No 1301/2006 (3). The submission of further applications for import licences under that order number should be suspended until the end of the quota period.

               (3)

               In order to ensure efficient management of the measure, this Regulation should enter into force on the day of its publication in the Official Journal of the European Union,

         HAS ADOPTED THIS REGULATION:
   Article 1
   1.   The quantities covered by import licence applications lodged under Regulation (EC) No 891/2009 from 1 to 7 December 2017 shall be multiplied by the allocation coefficient set out in the Annex to this Regulation.
   2.   The submission of further applications for import licences under the order numbers indicated in the Annex shall be suspended until the end of the 2017/2018 quota period.
   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, 21 December 2017.

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

      (3)  Commission Regulation (EC) No 1301/2006 of 31 August 2006 laying down common rules for the administration of import tariff quotas for agricultural products managed by a system of import licences (OJ L 238, 1.9.2006, p. 13).

      ANNEX

                  ‘CXL concessions sugar’
                  2017/2018 Quota period
                  Applications lodged from 1 to 7 December 2017

                  Order No

                  Country

                  Allocation coefficient
                  (%)

                  Further applications

                  09.4317

                  Australia

                  —

                  09.4318

                  Brazil

                  —

                  09.4319

                  Cuba

                  —

                  09.4320

                  Any third country

                  —

                  09.4321

                  India

                  25,000213

                  Suspended

                  09.4329

                  Brazil

                  —

                  09.4330

                  Brazil

                  Available in 2022/2023 and 2023/2024

                  ‘Balkans sugar’
                  2017/2018 Quota period
                  Applications lodged from 1 to 7 December 2017

                  Order No

                  Country

                  Allocation coefficient
                  (%)

                  Further applications

                  09.4324

                  Albania

                  —

                  09.4325

                  Bosnia and Herzegovina

                  —

                  09.4326

                  Serbia

                  —

                  09.4327

                  Former Yugoslav Republic of Macedonia

                  —


title: Commission Implementing Regulation (EU) 2018/207 of 9 February 2018 approving non-minor amendments to the specification for a name entered in the register of protected designations of origin and protected geographical indications (‘Laguiole’ (PDO))

text:
               13.2.2018

               EN

               Official Journal of the European Union

               L 39/1

         COMMISSION IMPLEMENTING REGULATION (EU) 2018/207
   of 9 February 2018
   approving non-minor amendments to the specification for a name entered in the register of protected designations of origin and protected geographical indications (‘Laguiole’ (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 Article 52(2) thereof,
   Whereas:

               (1)

               Pursuant to the first subparagraph of Article 53(1) of Regulation (EU) No 1151/2012, the Commission has examined France's application for the approval of amendments to the specification for the protected designation of origin ‘Laguiole’, registered under Commission Regulation (EC) No 1107/96 (2) as amended by Commission Implementing Regulation (EU) 2015/1770 (3).

               (2)

               Since the amendments in question are not minor within the meaning of Article 53(2) of Regulation (EU) No 1151/2012, the Commission published the amendment application in the Official Journal of the European Union
                   (4) as required by Article 50(2)(a) of that Regulation.

               (3)

               As no statement of opposition under Article 51 of Regulation (EU) No 1151/2012 has been received by the Commission, the amendments to the specification should be approved,

         HAS ADOPTED THIS REGULATION:
   Article 1
   The amendments to the specification published in the Official Journal of the European Union regarding the name ‘Laguiole’ (PDO) are hereby approved.
   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, 9 February 2018.

            For the Commission,

            On behalf of the President,

         Phil HOGAN

            Member of the Commission

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

      (2)  Commission Regulation (EC) No 1107/96 of 12 June 1996 on the registration of geographical indications and designations of origin under the procedure laid down in Article 17 of Council Regulation (EEC) No 2081/92 (OJ L 148, 21.6.1996, p. 1).

      (3)  Commission Implementing Regulation (EU) 2015/1770 of 29 September 2015 approving non-minor amendments to the specification for a name entered in the register of protected designations of origin and protected geographical indications (Laguiole (PDO)) (OJ L 258, 3.10.2015, p. 1).

      (4)  OJ C 361, 25.10.2017, p. 42.


title: Commission Implementing Regulation (EU) 2018/215 of 13 February 2018 conferring protection under Article 99 of Regulation (EU) No 1308/2013 of the European Parliament and of the Council on the name ‘Mergelland’ (PDO)

text:
               14.2.2018

               EN

               Official Journal of the European Union

               L 41/14

         COMMISSION IMPLEMENTING REGULATION (EU) 2018/215
   of 13 February 2018
   conferring protection under Article 99 of Regulation (EU) No 1308/2013 of the European Parliament and of the Council on the name ‘Mergelland’ (PDO)
   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 99 thereof,
   Whereas:

               (1)

               In accordance with Article 97(2) and (3) of Regulation (EU) No 1308/2013, the Commission has examined the application to register the name ‘Mergelland’ sent by the Netherlands and has published it in the Official Journal of the European Union
                   (2).

               (2)

               No statement of objection has been received by the Commission under Article 98 of Regulation (EU) No 1308/2013.

               (3)

               In accordance with Article 99 of Regulation (EU) No 1308/2013, the name ‘Mergelland’ should be protected and entered in the register referred to in Article 104 of that Regulation.

               (4)

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

         HAS ADOPTED THIS REGULATION:
   Article 1
   The name ‘Mergelland’ (PDO) is hereby protected.
   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, 13 February 2018.

            For the Commission

            The President

         Jean-Claude JUNCKER

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

      (2)  OJ C 296, 7.9.2017, p. 2.


title: Commission Implementing Regulation (EU) 2018/214 of 13 February 2018 approving an amendment to the specification for a Protected Designation of Origin or a Protected Geographical Indication (‘Pla i Llevant’ (PDO))

text:
               14.2.2018

               EN

               Official Journal of the European Union

               L 41/13

         COMMISSION IMPLEMENTING REGULATION (EU) 2018/214
   of 13 February 2018
   approving an amendment to the specification for a Protected Designation of Origin or a Protected Geographical Indication (‘Pla i Llevant’ (PDO))
   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 99 thereof,
   Whereas:

               (1)

               The Commission has examined the application for the approval of an amendment to the specification for the Protected Designation of Origin ‘Pla i Llevant’, sent by Spain in accordance with Article 105 of Regulation (EU) No 1308/2013.

               (2)

               The Commission has published the application for the approval of an amendment to the specification in the Official Journal of the European Union, as required by Article 97(3) of Regulation (EU) No 1308/2013 (2).

               (3)

               No statement of objection has been received by the Commission under Article 98 of Regulation (EU) No 1308/2013.

               (4)

               The amendment to the specification should therefore be approved in accordance with Article 99 of Regulation (EU) No 1308/2013.

               (5)

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

         HAS ADOPTED THIS REGULATION:
   Article 1
   The amendment to the specification published in the Official Journal of the European Union regarding the name ‘Pla i Llevant’ (PDO) is hereby approved.
   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, 13 February 2018.

            For the Commission

            The President

         Jean-Claude JUNCKER

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

      (2)  OJ C 284, 29.8.2017, p. 5.


title: Commission Implementing Regulation (EU) 2018/223 of 15 February 2018 amending Council Regulation (EC) No 314/2004 concerning restrictive measures in respect of Zimbabwe

text:
               16.2.2018

               EN

               Official Journal of the European Union

               L 43/10

         COMMISSION IMPLEMENTING REGULATION (EU) 2018/223
   of 15 February 2018
   amending Council Regulation (EC) No 314/2004 concerning restrictive measures in respect of Zimbabwe
   THE EUROPEAN COMMISSION,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to Council Regulation (EC) No 314/2004 of 19 February 2004 concerning certain restrictive measures in respect of Zimbabwe (1), and in particular Article 11(b) thereof,
   Whereas:

               (1)

               Annex III to Regulation (EC) No 314/2004 lists the persons and entities covered by the freezing of funds and economic resources under that Regulation.

               (2)

               Council Decision 2011/101/CFSP (2), identifies the natural and legal persons to whom restrictions are to apply as provided for in Article 5 of that Decision, and Regulation (EC) No 314/2004 gives effect to that Decision to the extent that action at Union level is required.

               (3)

               On 15 February 2018, the Council decided to update the entry for one person in the Annex to Decision 2011/101/CFSP listing the persons and entities to whom the restrictions should apply. This designated person was identified by the Council as former President of Zimbabwe, responsible for activities that seriously undermine democracy, respect of human rights and the rule of law.

               (4)

               Annex III to Regulation (EC) No 314/2004 should therefore be amended accordingly,

         HAS ADOPTED THIS REGULATION:
   Article 1
   Annex III to Regulation (EC) No 314/2004 is amended as 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, 15 February 2018.

            For the Commission,

            On behalf of the President,

            Head of the Service for Foreign Policy Instruments

      (1)  OJ L 55, 24.2.2004, p. 1.

      (2)  Council Decision 2011/101/CFSP of 15 February 2011 concerning restrictive measures against Zimbabwe (OJ L 42, 16.2.2011, p. 6).

      ANNEX
      Annex III to Regulation (EC) No 314/2004 is amended as follows:
      The entry of the following natural person under heading ‘I. Persons’:

                     Name (and any aliases)

                     Identifying information

                     Grounds for designation

                                 ‘(1)

                                 Mugabe, Robert Gabriel

                     President, born 21.2.1924; Passport AD001095

                     Head of Government and responsible for activities that seriously undermine democracy, respect for human rights and the rule of law.’

      is replaced by the following:

                     Name (and any aliases)

                     Identifying information

                     Grounds for designation

                                 ‘(1)

                                 Mugabe, Robert Gabriel

                     born 21.2.1924; Passport AD001095

                     Former President and responsible for activities that seriously undermine democracy, respect for human rights and the rule of law.’


title: Commission Implementing Regulation (EU) 2018/220 of 9 February 2018 concerning the classification of certain goods in the Combined Nomenclature

text:
                  16.2.2018

                  EN

                  Official Journal of the European Union

                  L 43/3

            COMMISSION IMPLEMENTING REGULATION (EU) 2018/220
      of 9 February 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 Articles 57(4) and 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, 9 February 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)

                     A mechanical appliance (so-called ‘manual spreader’) consisting of a steel structure, a plastic tank with a canvas lining of a volume of approximately 60 litres, a rotation spreader at the bottom, and two pneumatic tyres.
                     It is designed for distribution (spreading/dispersing through rotation) of fertilisers, sand, seeds, salt etc. The distribution volume can be adjusted by the grip. It is suitable for regular maintenance of large areas.
                     See image (*1).

                     8424 89 70

                     Classification is determined by general rules 1, 3(c) and 6 for the interpretation of the Combined Nomenclature, Note 2 to Chapter 84, and by the wording of CN codes 8424 , 8424 89  and 8424 89 70 .
                     The appliance answers to the description under heading 8424  (dispersing of sand and salt) and to the description under heading 8432  (fertiliser distributor and a seeder). It cannot be classified by virtue of Note 3 to Section XVI as it does not perform one principal function. In accordance with Note 2 to Chapter 84, an appliance which answers to a description in one or more of the headings 8401  to 8424  and at the same time to a description in one or other of the headings 8425  to 8480  is to be classified under the appropriate heading of the former group (heading 8424  in this case).
                     The appliance can be used both as an agricultural or horticultural appliance of subheading 8424 82  and as other appliances of subheading 8424 89 . Given its characteristics, neither of those functions is considered to be the principal function of the appliance within the meaning of Note 3 to Section XVI and neither of the two subheadings is considered to provide a more specific description. Consequently, the appliance is to be classified under the subheading that occurs last in numerical order.
                     The appliance is therefore to be classified under CN code 8424 89 70  as other mechanical appliances for projecting, dispersing or spraying liquids or powders.

            (*1)  The image is purely for information.