title: Commission Implementing Regulation (EU) 2016/1704 of 22 September 2016 establishing the standard import values for determining the entry price of certain fruit and vegetables

text:
               23.9.2016

               EN

               Official Journal of the European Union

               L 257/8

         COMMISSION IMPLEMENTING REGULATION (EU) 2016/1704
   of 22 September 2016
   establishing the standard import values for determining the entry price of certain fruit and vegetables
   THE EUROPEAN COMMISSION,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to 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),
   Having regard to Commission Implementing Regulation (EU) No 543/2011 of 7 June 2011 laying down detailed rules for the application of Council Regulation (EC) No 1234/2007 in respect of the fruit and vegetables and processed fruit and vegetables sectors (2), and in particular Article 136(1) thereof,
   Whereas:

               (1)

               Implementing Regulation (EU) No 543/2011 lays down, pursuant to the outcome of the Uruguay Round multilateral trade negotiations, the criteria whereby the Commission fixes the standard values for imports from third countries, in respect of the products and periods stipulated in Annex XVI, Part A thereto.

               (2)

               The standard import value is calculated each working day, in accordance with Article 136(1) of Implementing Regulation (EU) No 543/2011, taking into account variable daily data. Therefore this Regulation should enter into force on the day of its publication in the Official Journal of the European Union,

         HAS ADOPTED THIS REGULATION:
   Article 1
   The standard import values referred to in Article 136 of Implementing Regulation (EU) No 543/2011 are fixed in the Annex to this Regulation.
   Article 2
   This Regulation shall enter into force on the day of its publication in the Official Journal of the European Union.

      This Regulation shall be binding in its entirety and directly applicable in all Member States.
      Done at Brussels, 22 September 2016.

            For the Commission,

            On behalf of the President,

         Jerzy PLEWA

            Director-General for Agriculture and Rural Development

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

      (2)  OJ L 157, 15.6.2011, p. 1.

      ANNEX

         Standard import values for determining the entry price of certain fruit and vegetables

                  (EUR/100 kg)

                  CN code

                  Third country code (1)

                  Standard import value

                  0702 00 00

                  MA

                  147,7

                  ZZ

                  147,7

                  0707 00 05

                  TR

                  116,3

                  ZZ

                  116,3

                  0709 93 10

                  TR

                  133,0

                  ZZ

                  133,0

                  0805 50 10

                  AR

                  92,1

                  CL

                  109,2

                  MA

                  81,7

                  TR

                  117,6

                  UY

                  106,4

                  ZA

                  117,9

                  ZZ

                  104,2

                  0806 10 10

                  TR

                  129,3

                  ZA

                  80,3

                  ZZ

                  104,8

                  0808 10 80

                  AR

                  195,9

                  BR

                  97,9

                  CL

                  137,2

                  NZ

                  130,9

                  ZA

                  105,7

                  ZZ

                  133,5

                  0808 30 90

                  CL

                  126,9

                  CN

                  73,2

                  TR

                  134,3

                  ZA

                  155,4

                  ZZ

                  122,5

                  0809 30 10 , 0809 30 90

                  TR

                  129,2

                  ZZ

                  129,2

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


title: Commission Implementing Regulation (EU) 2016/2363 of 21 December 2016 amending Council Regulation (EC) No 1210/2003 concerning certain specific restrictions on economic and financial relations with Iraq

text:
               22.12.2016

               EN

               Official Journal of the European Union

               L 350/20

         COMMISSION IMPLEMENTING REGULATION (EU) 2016/2363
   of 21 December 2016
   amending Council Regulation (EC) No 1210/2003 concerning certain specific restrictions on economic and financial relations with Iraq
   THE EUROPEAN COMMISSION,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to Council Regulation (EC) No 1210/2003 of 7 July 2003 concerning certain specific restrictions on economic and financial relations with Iraq and repealing Regulation (EC) No 2465/96 (1), and in particular Article 11(b) thereof,
   Whereas:

               (1)

               Annex III to Regulation (EC) No 1210/2003 lists public bodies, corporations and agencies and natural and legal persons, bodies and entities of the previous government of Iraq covered by the freezing of funds and economic resources that were located outside Iraq on the date of 22 May 2003 under that Regulation.

               (2)

               On 16 December 2016, the Sanctions Committee of the United Nations Security Council decided to remove seven entities from the list of persons or entities to whom the freezing of funds and economic resources should apply.

               (3)

               Annex III to Regulation (EC) No 1210/2003 should therefore be amended accordingly,

         HAS ADOPTED THIS REGULATION:
   Article 1
   Annex III to Regulation (EC) No 1210/2003 is amended as set out in the Annex to this Regulation.
   Article 2
   This Regulation shall enter into force on the day following that of its publication in the Official Journal of the European Union.

      This Regulation shall be binding in its entirety and directly applicable in all Member States.
      Done at Brussels, 21 December 2016.

            For the Commission,

            On behalf of the President,

            Acting Head of the Service for Foreign Policy Instruments

      (1)  OJ L 169, 8.7.2003, p. 6.

      ANNEX
      In Annex III to Council Regulation (EC) No 1210/2003, the following entries are deleted:

                     ‘63.

                     IRAQI NATIONAL OIL COMPANY (INOC), including its subsidiaries and associated companies: CENTRAL PETROLEUM ESTABLISHMENT; NORTHERN PETROLEUM ORGANISATION; SOUTHERN PETROLEUM ORGANISATION; STATE ESTABLISHMENT FOR EXPLORATION OF OIL AND GAS; GAS AND STATE ESTABLISHMENT OF OIL TANKERS. Addresses: (a) Jumhuriya Street, Khullani Square, P.O. Box, 476, Baghdad, Iraq; (b) P.O. Box 1, Kirkuk, Iraq; (c) P.O. Box 240, Basrah, Iraq.’

                     ‘80.

                     MINISTRY OF OIL (IRAQ). Address: P.O. Box 6178, Baghdad, Iraq.’

                     ‘101.

                     NORTH REFINERIES COMPANY. Address: Baiji, Iraq.’

                     ‘119.

                     STATE COMPANY FOR OIL PROJECTS (alias STATE ORGANISATION FOR OIL PROJECTS). Addresses: (a) Ministry of Oil Complex, Port Said St., P.O. Box 198, Baghdad, Iraq; (b) P.O. Box 198, Sadoon St., Baghdad, Iraq.’

                     ‘159.

                     STATE ESTABLISHMENT FOR OIL REFINING AND GAS PROCESSING. Address: P.O. Box 3069, Sa'doon St., Baghdad, Iraq.’

                     ‘160.

                     STATE ESTABLISHMENT FOR OIL TRAINING. Address: P.O. Box, 6073, Al-Mansoor, Baghdad, Iraq.’

                     ‘186.

                     STATE ORGANISATION FOR OIL PRODUCTS AND GAS DISTRIBUTION (alias STATE ORGANISATION FOR DISTRIBUTION OF OIL PRODUCTS AND GAS). Address: Khayam Cinema St., Southgate, P.O. Box 302, Baghdad, Iraq.’


title: Commission Implementing Regulation (EU) 2017/1268 of 11 July 2017 concerning the classification of certain goods in the Combined Nomenclature

text:
               14.7.2017

               EN

               Official Journal of the European Union

               L 183/6

         COMMISSION IMPLEMENTING REGULATION (EU) 2017/1268
   of 11 July 2017
   concerning the classification of certain goods in the Combined Nomenclature
   THE EUROPEAN COMMISSION,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to Regulation (EU) No 952/2013 of the European Parliament and of the Council of 9 October 2013 laying down the Union Customs Code (1), and in particular Article 57(4) and Article 58(2) thereof,
   Whereas:

               (1)

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

               (2)

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

               (3)

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

               (4)

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

               (5)

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

         HAS ADOPTED THIS REGULATION:
   Article 1
   The goods described in column (1) of the table set out in the Annex shall be classified within the Combined Nomenclature under the CN code indicated in column (2) of that table.
   Article 2
   Binding tariff information which does not conform to this Regulation may continue to be invoked in accordance with Article 34(9) of Regulation (EU) No 952/2013 for a period of three months from the date of entry into force of this Regulation.
   Article 3
   This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.

      This Regulation shall be binding in its entirety and directly applicable in all Member States.
      Done at Brussels, 11 July 2017.

            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 goods

                  Classification (CN Code)

                  Reasons

                  (1)

                  (2)

                  (3)

                  A product in the form of fine white wax beads of approximatively 1 mm in diameter, obtained from refined palm oil.
                  The product consists of:

                              —

                              hydrogenated hard palm stearin,

                              —

                              non-hydrogenated hard palm stearin,

                              —

                              an optical brightener (approx. 0,01 % by weight).

                        Palm stearin obtained from palm oil is subjected to a multi-stage fractionation and the hard stearin (solid fraction) is separated from the soft stearin. Then, a part of the hard stearin is subjected to a hydrogenation process, and mixed with the non-hydrogenated part of the hard stearin and with an optical brightener. Subsequently, the obtained product is subjected to a beading process.
                  The product is of waxy character and is used as raw material for manufacturing candles.
                  The dropping point is 59,2 °C ± 0,5 °C and the viscosity measured with a rotational viscometer does not exceed 10 Pa.s at a temperature of 10 °C above the dropping point.
                  The product is packed in 25 kg bags.

                  3404 90 00

                  Classification is determined by general rules 1 and 6 for the interpretation of the Combined Nomenclature, Note 5, first paragraph, letter (a) to Chapter 34 and the wording of CN codes 3404  and 3404 90 00 .
                  Classification under heading 1516  is excluded as the product is a mixture of hydrogenated hard stearin and non-hydrogenated hard stearin. The product has been prepared beyond the scope of heading 1516 , and is neither an oil nor a fat. Moreover, the presence of the optical brightener excludes the product from heading 1516 .
                  Classification under heading 1517  is excluded as the product is not an edible mixture or preparation covered by the scope of heading 1517 .
                  Classification under heading 1521  is excluded as the product is mainly composed of palm stearin which is a triglyceride.
                  In accordance with Note 5, first paragraph, letter (a) to Chapter 34, chemically produced organic products of a waxy character, whether or not water-soluble, are covered by heading 3404 . The product also fulfils the criteria of artificial wax (see also the Harmonised System Explanatory Notes to heading 3404 , letter A).
                  The product is therefore to be classified in CN code 3404 90 00  as other artificial waxes and prepared waxes.


title: Commission Implementing Regulation (EU) No 41/2012 of 18 January 2012 suspending submission of applications for import licences for sugar products under certain tariff quotas

text:
               19.1.2012

               EN

               Official Journal of the European Union

               L 16/40

         COMMISSION IMPLEMENTING REGULATION (EU) No 41/2012
   of 18 January 2012
   suspending submission of applications for import licences for sugar products under certain tariff quotas
   THE EUROPEAN COMMISSION,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to Council Regulation (EC) No 1234/2007 of 22 October 2007 establishing a common organisation of agricultural markets and on specific provisions for certain agricultural products (Single CMO Regulation) (1),
   Having regard to Commission Regulation (EC) No 891/2009 of 25 September 2009 opening and providing for the administration of certain Community tariff quotas in the sugar sector (2), and in particular Article 5(2) thereof,
   Whereas:

               (1)

               Quantities covered by applications for import licences submitted to the competent authorities from 1 to 7 January 2012 in accordance with Regulation (EC) No 891/2009, are equal to the quantity available under order numbers 09.4318, 09.4319 and 09.4321.

               (2)

               Submission of further applications for licences for order numbers 09.4318, 09.4319 and 09.4321 should be suspended until the end of the marketing year, in accordance with Regulation (EC) No 891/2009,

         HAS ADOPTED THIS REGULATION:
   Article 1
   Submission of further applications for licences, which correspond to the order numbers indicated in the Annex, shall be suspended until the end of the marketing year 2011/2012.
   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, 18 January 2012.

            For the Commission, On behalf of the President,
         José Manuel SILVA RODRÍGUEZ

            Director-General for Agriculture and Rural Development

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

      (2)  OJ L 254, 26.9.2009, p. 82.

      ANNEX

         CXL Concessions Sugar

         2011/2012 marketing year

         Applications lodged from 1.1.2012 to 7.1.2012

                  Order No

                  Country

                  Allocation coefficient
                  (%)

                  Further applications

                  09.4317

                  Australia

                  —

                  Suspended

                  09.4318

                  Brazil

                      (1)

                  Suspended

                  09.4319

                  Cuba

                      (1)

                  Suspended

                  09.4320

                  Any third countries

                  —

                  Suspended

                  09.4321

                  India

                      (1)

                  Suspended

                              ‘—’

                              :

                              Not applicable: no licence application has been sent to the Commission.

         Balkans Sugar

         2011/2012 marketing year

         Applications lodged from 1.1.2012 to 7.1.2012

                  Order No

                  Country

                  Allocation coefficient
                  (%)

                  Further applications

                  09.4324

                  Albania

                  —

                  09.4325

                  Bosnia and Herzegovina

                      (2)

                  09.4326

                  Serbia

                      (2)

                  09.4327

                  Former Yugoslav Republic of Macedonia

                  —

                  09.4328

                  Croatia

                      (2)

                              ‘—’

                              :

                              Not applicable: no licence application has been sent to the Commission.

         Exceptional import sugar and industrial import sugar

         2011/2012 marketing year

         Applications lodged from 1.1.2012 to 7.1.2012

                  Order No

                  Type

                  Allocation coefficient
                  (%)

                  Further applications

                  09.4380

                  Exceptional

                  —

                  09.4390

                  Industrial

                  —

                              ‘—’

                              :

                              Not applicable: no licence application has been sent to the Commission.

         (1)  Not applicable: the applications do not exceed the quantities available and are fully granted.

         (2)  Not applicable: the applications do not exceed the quantities available and are fully granted.


title: Commission Implementing Regulation (EU) 2016/189 of 3 February 2016 entering a name in the register of protected designations of origin and protected geographical indications [Dalmatinski pršut (PGI)]

text:
               13.2.2016

               EN

               Official Journal of the European Union

               L 38/1

         COMMISSION IMPLEMENTING REGULATION (EU) 2016/189
   of 3 February 2016
   entering a name in the register of protected designations of origin and protected geographical indications [Dalmatinski pršut (PGI)]
   THE EUROPEAN COMMISSION,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to Regulation (EU) No 1151/2012 of the European Parliament and of the Council of 21 November 2012 on quality schemes for agricultural products and foodstuffs (1), and in particular Article 52(2) thereof,
   Whereas:

               (1)

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

               (2)

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

         HAS ADOPTED THIS REGULATION:
   Article 1
   The name ‘Dalmatinski pršut’ (PGI) is hereby entered in the register.
   The name specified in the first paragraph denotes a product in Class 1.2. — Meat products (cooked, salted, smoked, etc.), as listed in Annex XI to Commission Implementing Regulation (EU) No 668/2014 (3).
   Article 2
   This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.

      This Regulation shall be binding in its entirety and directly applicable in all Member States.
      Done at Brussels, 3 February 2016.

            For the Commission,

            On behalf of the President,

         Phil HOGAN

            Member of the Commission

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

      (2)  OJ C 323, 1.10.2015, p. 7.

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


title: Commission Implementing Regulation (EU) No 1157/2014 of 29 October 2014 correcting the Slovenian version of Commission Regulation (EC) No 141/2007 concerning a requirement for approval in accordance with Regulation (EC) No 183/2005 of the European Parliament and of the Council for feed business establishments manufacturing or placing on the market feed additives of the category ‘coccidiostats and histomonostats’ (Text with EEA relevance)

text:
               30.10.2014

               EN

               Official Journal of the European Union

               L 309/30

         COMMISSION IMPLEMENTING REGULATION (EU) No 1157/2014
   of 29 October 2014
   correcting the Slovenian version of Commission Regulation (EC) No 141/2007 concerning a requirement for approval in accordance with Regulation (EC) No 183/2005 of the European Parliament and of the Council for feed business establishments manufacturing or placing on the market feed additives of the category ‘coccidiostats and histomonostats’
   (Text with EEA relevance)
   THE EUROPEAN COMMISSION,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to Regulation (EC) No 183/2005 of the European Parliament and of the Council of 12 January 2005 laying down requirements for feed hygiene (1), and in particular Article 10(3) thereof,
   Whereas:

               (1)

               In the Slovenian language version of Commission Regulation (EC) No 141/2007 (2) the terms ‘feed business operators’, ‘feed business establishments’, ‘placing on the market’ and ‘category’ are erroneous. Therefore a correction of the Slovenian language version is necessary. The other language versions are not affected.

               (2)

               Regulation (EC) No 141/2007 should therefore be corrected accordingly.

               (3)

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

         HAS ADOPTED THIS REGULATION:
   Article 1
   Concerns only the Slovenian language version.
   Article 2
   This Regulation shall enter into force on the 20th 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, 29 October 2014.

            For the Commission

            The President

         José Manuel BARROSO

      (1)  OJ L 35, 8.2.2005, p. 1.

      (2)  Commission Regulation (EC) No 141/2007 of 14 February 2007 concerning a requirement for approval in accordance with Regulation (EC) No 183/2005 of the European Parliament and of the Council for feed business establishments manufacturing or placing on the market feed additives of the category coccidiostats and histomonostats (OJ L 43, 15.2.2007, p. 9).


title: Commission Implementing Regulation (EU) No 117/2012 of 10 February 2012 amending Regulation (EC) No 1295/2008 on the importation of hops from third countries

text:
               11.2.2012

               EN

               Official Journal of the European Union

               L 38/33

         COMMISSION IMPLEMENTING REGULATION (EU) No 117/2012
   of 10 February 2012
   amending Regulation (EC) No 1295/2008 on the importation of hops from third countries
   THE EUROPEAN COMMISSION,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to Council Regulation (EC) No 1234/2007 of 22 October 2007 establishing a common organisation of agricultural markets and on specific provisions for certain agricultural products (Single CMO Regulation) (1), and in particular Articles 192(2) and 195(2) in conjunction with Article 4 thereof,
   Whereas:

               (1)

               Annex I to Commission Regulation (EC) No 1295/2008 (2) lists the agencies in third countries which are authorised to issue the attestations accompanying hop products imported from those countries. Those attestations are recognised as equivalent to the certificate provided for in Article 117 of Regulation (EC) No 1234/2007.

               (2)

               It is the responsibility of the agencies concerned in those third countries to keep the information shown in Annex I to Regulation (EC) No 1295/2008 up to date and to communicate that information to the Commission in a spirit of close cooperation.

               (3)

               Australia and New Zealand communicated information on changes of name and/or address concerning the competent agency authorised to issue attestations of equivalence. The list in Annex I to Regulation (EC) No 1295/2008 should therefore be amended accordingly.

               (4)

               Regulation (EC) No 1295/2008 should be amended accordingly.

               (5)

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

         HAS ADOPTED THIS REGULATION:
   Article 1
   Annex I to Regulation (EC) No 1295/2008 is hereby replaced by the text in the Annex to this Regulation.
   Article 2
   This Regulation shall enter into force on the seventh day following its publication in the Official Journal of the European Union.

      This Regulation shall be binding in its entirety and directly applicable in all Member States.
      Done at Brussels, 10 February 2012.

            For the Commission

            The President

         José Manuel BARROSO

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

      (2)  OJ L 340, 19.12.2008, p. 45.

      ANNEX

            ‘ANNEX I

               AGENCIES AUTHORISED TO ISSUE ATTESTATIONS IN RESPECT OF

               Hop cones CN code: ex 1210

               Hop powders CN code: ex 1210

               Saps and extracts of hops CN code: 1302 13 00

                        Country of origin

                        Authorised agencies

                        Address

                        Code

                        Telephone

                        Fax

                        e-mail (optional)

                        Australia

                        Quarantine Tasmania
                        Quarantine Centre

                                    163-169 Main Road,

                                    Moonah, 7009

                                    Tasmania,

                                    Australia

                        (61-3)

                        62 33 33 52

                        62 34 67 85

                        Canada

                        Plant Protection Division, Animal and Plant Health Directorate, Food Production and Inspection Branch, Agriculture and Agri-food Canada

                                    Floor 2, West Wing 59,

                                    Camelot Drive

                                    Napean, Ontario,

                                    K1A OY9

                        (1-613)

                        952 80 00

                        991 56 12

                        China

                        Tianjin Airport Entry-Exit Inspection and Quarantine Bureau of the People's Republic of China

                                    No 33 Youyi Road,

                                    Hexi District

                                    Tianjin 300201

                        (86-22)

                        28 13 40 78

                        28 13 40 78

                        ciqtj2002@163.com

                        Tianjin Economic and Technical Development Zone Entry-Exit Inspection and Quarantine Bureau of the People's Republic of China

                                    No 8, Zhaofaxincun

                                    2nd Avenue, TEDA

                                    Tianjin 300457

                        (86-22)

                        662 98-343

                        662 98-245

                        zhujw@tjciq.gov.cn

                        Inner Mongolia Entry-Exit Inspection and Quarantine Bureau of the People's Republic of China

                                    No 12 Erdos Street,

                                    Saihan District, Huhhot City

                                    Inner Mongolia 010020

                        (86-471)

                        434-1943

                        434-2163

                        zhaoxb@nmciq.gov.cn

                        Xinjiang Entry-Exit Inspection and Quarantine Bureau of the People's Republic of China

                                    No 116 North Nanhu Road

                                    Urumqi City

                                    Xinjiang 830063

                        (86-991)

                        464-0057

                        464-0050

                        xjciq_jw@xjciq.gov.cn

                        Croatia

                        Križevci College of Agriculture

                                    Milislava Demerca 1,

                                    HR-48260 Križevci

                        (385-48)

                        279 198

                        682 790

                        ssrecec@vguk.hr

                        New Zealand

                        Ministry of Agriculture and Forestry

                                    PO box 2526

                                    Wellington 6140

                        (64-4)

                        894-0100

                        894 0720

                        Serbia

                        Institut za ratarstvo i povrtarstvo/Institute of Field and Vegetable Crops

                                    21000 Novi Sad

                                    Maksima Gorkog 30

                        (381-21)

                        780 365
                        Operator: 4898 100

                        780 198

                        institut@ifvcns.ns.ac.rs

                        South Africa

                        CSIR Food Science and Technology

                                    PO box 395

                                    0001 Pretoria

                        (27-12)

                        841 31 72

                        841 35 94

                        Switzerland

                        Labor Veritas

                                    Engimattstrasse 11

                                    Postfach 353

                                    CH-8027 Zürich

                        (41-44)

                        283 29 30

                        201 42 49

                        admin@laborveritas.ch

                        Ukraine

                        Productional-Technical Centre (PTZ)
                        Ukrhmel

                                    Hlebnaja 27

                                    262028 Zhitomir

                        (380)

                        37 21 11

                        36 73 31

                        United States

                        Washington Department of Agriculture
                        State Chemical and Hop Lab

                                    21 N. 1st Ave. Suite 106

                                    Yakima, WA 98902

                        (1-509)

                        225 76 26

                        454 76 99

                        Idaho Department of Agriculture
                        Division of Plant Industries
                        Hop Inspection Lab

                                    2270 Old Penitentiary Road

                                    PO box 790

                                    Boise, ID 83701

                        (1-208)

                        332 86 20

                        334 22 83

                        Oregon Department of Agriculture
                        Commodity Inspection Division

                                    635 Capital Street NE

                                    Salem, OR 97310-2532

                        (1-503)

                        986 46 20

                        986 47 37

                        California Department of Food and Agriculture (CDFA-CAC)
                        Division of Inspection Services
                        Analytical Chemistry Laboratory

                                    3292 Meadowview Road

                                    Sacramento, CA 95832

                        (1-916)

                        445 00 29 or 262 14 34

                        262 15 72

                        USDA, GIPSA, FGIS

                                    1100 NW Naito Parkway

                                    Portland, OR 97209-2818

                        (1-503)

                        326 78 87

                        326 78 96

                        USDA, GIPSA, TSD, Tech Service Division, Technical Testing Laboratory

                                    10383 Nth Ambassador Drive

                                    Kansas City, MO 64153-1394

                        (1-816)

                        891 04 01

                        891 04 78

                        Zimbabwe

                        Standards Association of Zimbabwe (SAZ)

                                    Northend Close,

                                    Northridge Park

                                    Borrowdale,

                                    PO box 2259 Harare

                        (263-4)

                        88 20 17, 88 20 21, 88 55 11

                        88 20 20

                        info@saz.org.zw saz.org.zw’


title: Commission Implementing Regulation (EU) 2016/1248 of 28 July 2016 amending Annex II to Regulation (EU) No 206/2010 as regards the entry for Botswana in the list of third countries, territories or parts thereof from which the introduction into the Union of fresh meat is authorised (Text with EEA relevance)

text:
               29.7.2016

               EN

               Official Journal of the European Union

               L 204/112

         COMMISSION IMPLEMENTING REGULATION (EU) 2016/1248
   of 28 July 2016
   amending Annex II to Regulation (EU) No 206/2010 as regards the entry for Botswana in the list of third countries, territories or parts thereof from which the introduction into the Union of fresh meat is authorised
   (Text with EEA relevance)
   THE EUROPEAN COMMISSION,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to Council Directive 2002/99/EC of 16 December 2002 laying down the animal health rules governing the production, processing, distribution and introduction of products of animal origin for human consumption (1), and in particular the introductory phrase of Article 8, the first subparagraph of Article 8(1) and Article 8(4) thereof,
   Whereas:

               (1)

               Directive 2002/99/EC lays down, inter alia, the animal health requirements for the introduction into the Union of products of animal origin for human consumption. In accordance with those requirements, the introduction of such products into the Union is only to be authorised from third countries that appear on a list drawn up by the Commission.

               (2)

               Commission Regulation (EU) No 206/2010 (2) lays down, inter alia, the conditions for the introduction into the Union of consignments of fresh meat of certain ungulates. Part 1 of Annex II to that Regulation sets out a list of third countries, territories and parts thereof from which such consignments may be introduced into the Union and the models of veterinary certificates to accompany those consignments, taking into account any specific conditions or supplementary guarantees required.

               (3)

               Botswana is regionalised for the purpose of inclusion into that list. Its regionalised territories are set out in Part 1 of Annex II to Regulation (EU) No 206/2010 as parts of that country authorised for the introduction into the Union of consignments of fresh meat of certain domestic and wild ungulates. Such parts consist of a number of veterinary disease control zones (VDZs) or part of such VDZs.

               (4)

               In March 2013, a Commission audit was carried out in Botswana in order to evaluate the animal health control system in place, in particular in relation to the controls concerning foot-and-mouth disease (FMD) (3). The Commission found that the risk for introduction of the FMD virus into the part of VDZ 6, authorised for the introduction into the Union of fresh meat of certain domestic and wild ungulates, could not be considered negligible. In view of the risk of introduction of the FMD virus through import of fresh meat originating from ungulates of species susceptible to that disease, the authorisation to export such fresh meat from VDZ 6 into the Union was suspended by Commission Implementing Regulation (EU) No 482/2013 (4).

               (5)

               In October 2015, an audit was carried out by the Commission to evaluate the efficacy of the surveillance and regionalisation measures imposed with regard to FMD (5). The Commission found that VDZ 6 was reshaped and divided into VDZ 6a and VDZ 6b, with inclusion of the former high surveillance area along the national border with Zimbabwe into VDZ 6b. Both those VDZs are recognised by the World Organisation for Animal Health as a zone free of FMD where vaccination is not practised (6).

               (6)

               The Commission concluded that the shortcomings which led to the suspension of the authorisation of imports from VDZ 6 have been completely solved by the competent authority of Botswana and that Botswana now offers satisfactory guarantees with regard to FMD for VDZ 6a and VDZ 6b, in compliance with or equivalent to the Union requirements for the introduction of fresh meat of domestic and wild ungulates of species susceptible to FMD.

               (7)

               Botswana has requested VDZ 6a and VDZ 6b to be authorised for the introduction into the Union of deboned and matured fresh meat of certain domestic and wild ungulates subjected to supplementary guarantees from those zones.

               (8)

               In light of the above considerations it is therefore appropriate to authorise the introduction into the Union of fresh meat of certain domestic and wild ungulates from the areas VDZ 6a and VDZ 6b of Botswana.

               (9)

               Part 1 of Annex II to Regulation (EU) No 206/2010 should therefore be amended accordingly.

               (10)

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

         HAS ADOPTED THIS REGULATION:
   Article 1
   Part 1 of Annex II to Regulation (EU) No 206/2010 is amended in accordance with 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, 28 July 2016.

            For the Commission

            The President

         Jean-Claude JUNCKER

      (1)  OJ L 18, 23.1.2003, p. 11.

      (2)  Commission Regulation (EU) No 206/2010 of 12 March 2010 laying down lists of third countries, territories or parts thereof authorised for the introduction into the European Union of certain animals and fresh meat and the veterinary certification requirements (OJ L 73, 20.3.2010, p. 1).

      (3)  http://ec.europa.eu/food/fvo/audit_reports/details.cfm?rep_id=3103

      (4)  Commission Implementing Regulation (EU) No 482/2013 of 24 May 2013 amending Regulation (EU) No 206/2010 laying down lists of third countries, territories or parts thereof authorised for the introduction into the European Union of certain animals and fresh meat and the veterinary certification requirements (OJ L 139, 25.5.2013, p. 6).

      (5)  http://ec.europa.eu/food/fvo/audit_reports/details.cfm?rep_id=3559

      (6)  http://www.oie.int/animal-health-in-the-world/official-disease-status/fmd/list-of-fmd-free-members/

      ANNEX
      In Part 1 of Annex II to Regulation (EU) No 206/2010, the entry for Botswana is replaced by the following:

                     ‘BW — Botswana

                     BW-0

                     Whole country

                     EQU, EQW

                     BW-1

                     The veterinary disease control zones 3c, 4b, 5, 8, 9 and 18

                     BOV, OVI, RUF, RUW

                     F

                     1

                     11 May 2011

                     26 June 2012

                     BW-2

                     The veterinary disease control zones 10, 11, 13 and 14

                     BOV, OVI, RUF, RUW

                     F

                     1

                     7 March 2002

                     BW-3

                     The veterinary disease control zone 12

                     BOV, OVI, RUF, RUW

                     F

                     1

                     20 October 2008

                     20 January 2009

                     BW-4

                     The veterinary disease control zone 4a, except the intensive surveillance buffer zone of 10 km along the boundary with the foot-and-mouth disease vaccination zone and wildlife management areas

                     BOV

                     F

                     1

                     28 May 2013

                     18 February 2011

                     BW-5

                     The veterinary disease control zones 6a and 6b

                     BOV, OVI, RUF, RUW

                     F

                     1

                     28 May 2013

                     18 August 2016’


title: Commission Implementing Regulation (EU) 2015/2034 of 13 November 2015 establishing the standard import values for determining the entry price of certain fruit and vegetables

text:
               14.11.2015

               EN

               Official Journal of the European Union

               L 298/12

         COMMISSION IMPLEMENTING REGULATION (EU) 2015/2034
   of 13 November 2015
   establishing the standard import values for determining the entry price of certain fruit and vegetables
   THE EUROPEAN COMMISSION,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to 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),
   Having regard to Commission Implementing Regulation (EU) No 543/2011 of 7 June 2011 laying down detailed rules for the application of Council Regulation (EC) No 1234/2007 in respect of the fruit and vegetables and processed fruit and vegetables sectors (2), and in particular Article 136(1) thereof,
   Whereas:

               (1)

               Implementing Regulation (EU) No 543/2011 lays down, pursuant to the outcome of the Uruguay Round multilateral trade negotiations, the criteria whereby the Commission fixes the standard values for imports from third countries, in respect of the products and periods stipulated in Annex XVI, Part A thereto.

               (2)

               The standard import value is calculated each working day, in accordance with Article 136(1) of Implementing Regulation (EU) No 543/2011, taking into account variable daily data. Therefore this Regulation should enter into force on the day of its publication in the Official Journal of the European Union,

         HAS ADOPTED THIS REGULATION:
   Article 1
   The standard import values referred to in Article 136 of Implementing Regulation (EU) No 543/2011 are fixed in the Annex to this Regulation.
   Article 2
   This Regulation shall enter into force on the day of its publication in the Official Journal of the European Union.

      This Regulation shall be binding in its entirety and directly applicable in all Member States.
      Done at Brussels, 13 November 2015.

            For the Commission,

            On behalf of the President,

         Jerzy PLEWA

            Director-General for Agriculture and Rural Development

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

      (2)  OJ L 157, 15.6.2011, p. 1.

      ANNEX

         Standard import values for determining the entry price of certain fruit and vegetables

                  (EUR/100 kg)

                  CN code

                  Third country code (1)

                  Standard import value

                  0702 00 00

                  AL

                  50,7

                  MA

                  82,7

                  MK

                  43,3

                  ZZ

                  58,9

                  0707 00 05

                  AL

                  78,9

                  TR

                  147,0

                  ZZ

                  113,0

                  0709 93 10

                  MA

                  81,2

                  TR

                  168,9

                  ZZ

                  125,1

                  0805 20 10

                  CL

                  185,6

                  MA

                  91,0

                  PE

                  166,7

                  TR

                  83,5

                  ZZ

                  131,7

                  0805 20 30, 0805 20 50, 0805 20 70, 0805 20 90

                  TR

                  69,1

                  ZA

                  95,1

                  ZZ

                  82,1

                  0805 50 10

                  TR

                  99,6

                  ZZ

                  99,6

                  0806 10 10

                  BR

                  289,3

                  EG

                  231,3

                  PE

                  253,2

                  TR

                  173,2

                  ZZ

                  236,8

                  0808 10 80

                  AR

                  151,8

                  CA

                  163,3

                  CL

                  84,7

                  MK

                  29,8

                  NZ

                  136,8

                  US

                  150,6

                  ZA

                  214,0

                  ZZ

                  133,0

                  0808 30 90

                  BA

                  86,2

                  CN

                  64,9

                  TR

                  131,0

                  ZZ

                  94,0

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


title: Commission Implementing Regulation (EU) No 744/2013 of 31 July 2013 establishing the standard import values for determining the entry price of certain fruit and vegetables

text:
               1.8.2013

               EN

               Official Journal of the European Union

               L 205/3

         COMMISSION IMPLEMENTING REGULATION (EU) No 744/2013
   of 31 July 2013
   establishing the standard import values for determining the entry price of certain fruit and vegetables
   THE EUROPEAN COMMISSION,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to Council Regulation (EC) No 1234/2007 of 22 October 2007 establishing a common organisation of agricultural markets and on specific provisions for certain agricultural products (Single CMO Regulation) (1),
   Having regard to Commission Implementing Regulation (EU) No 543/2011 of 7 June 2011 laying down detailed rules for the application of Council Regulation (EC) No 1234/2007 in respect of the fruit and vegetables and processed fruit and vegetables sectors (2), and in particular Article 136(1) thereof,
   Whereas:

               (1)

               Implementing Regulation (EU) No 543/2011 lays down, pursuant to the outcome of the Uruguay Round multilateral trade negotiations, the criteria whereby the Commission fixes the standard values for imports from third countries, in respect of the products and periods stipulated in Annex XVI, Part A thereto.

               (2)

               The standard import value is calculated each working day, in accordance with Article 136(1) of Implementing Regulation (EU) No 543/2011, taking into account variable daily data. Therefore this Regulation should enter into force on the day of its publication in the Official Journal of the European Union,

         HAS ADOPTED THIS REGULATION:
   Article 1
   The standard import values referred to in Article 136 of Implementing Regulation (EU) No 543/2011 are fixed in the Annex to this Regulation.
   Article 2
   This Regulation shall enter into force on the day of its publication in the Official Journal of the European Union.

      This Regulation shall be binding in its entirety and directly applicable in all Member States.
      Done at Brussels, 31 July 2013.

            For the Commission, On behalf of the President,

         Jerzy PLEWA

            Director-General for Agriculture and Rural Development

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

      (2)  OJ L 157, 15.6.2011, p. 1.

      ANNEX
      Standard import values for determining the entry price of certain fruit and vegetables

                  (EUR/100 kg)

                  CN code

                  Third country code (1)

                  Standard import value

                  0707 00 05

                  TR

                  147,7

                  ZZ

                  147,7

                  0709 93 10

                  TR

                  115,9

                  ZZ

                  115,9

                  0805 50 10

                  AR

                  84,6

                  BO

                  73,4

                  CL

                  73,3

                  TR

                  71,0

                  UY

                  86,3

                  ZA

                  97,2

                  ZZ

                  81,0

                  0806 10 10

                  CL

                  140,3

                  EG

                  222,7

                  MA

                  158,2

                  MX

                  242,3

                  TR

                  174,4

                  ZZ

                  187,6

                  0808 10 80

                  AR

                  176,4

                  BR

                  131,1

                  CL

                  118,3

                  CN

                  99,8

                  NZ

                  133,0

                  US

                  149,4

                  ZA

                  120,3

                  ZZ

                  132,6

                  0808 30 90

                  AR

                  125,2

                  CL

                  143,8

                  NZ

                  177,1

                  TR

                  159,1

                  ZA

                  120,2

                  ZZ

                  145,1

                  0809 29 00

                  CA

                  303,6

                  TR

                  314,3

                  ZZ

                  309,0

                  0809 30

                  TR

                  148,7

                  ZZ

                  148,7

                  0809 40 05

                  BA

                  55,4

                  TR

                  115,1

                  XS

                  63,5

                  ZZ

                  78,0

         (1)  Nomenclature of countries laid down by Commission Regulation (EC) No 1833/2006 (OJ L 354, 14.12.2006, p. 19). Code ‘ZZ’ stands for ‘of other origin’.


title: Commission Implementing Regulation (EU) 2015/429 of 13 March 2015 setting out the modalities to be followed for the application of the charging for the cost of noise effects  Text with EEA relevance

text:
               14.3.2015

               EN

               Official Journal of the European Union

               L 70/36

         COMMISSION IMPLEMENTING REGULATION (EU) 2015/429
   of 13 March 2015
   setting out the modalities to be followed for the application of the charging for the cost of noise effects
   (Text with EEA relevance)
   THE EUROPEAN COMMISSION,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to Directive 2012/34/EU of the European Parliament and of the Council of 21 November 2012 establishing a single European railway area (1), in particular Article 31(5) thereof,
   Whereas:

               (1)

               The White Paper ‘Roadmap to a Single European Transport Area — Towards a competitive and resource efficient transport system’ (2) indicated that 10 % of the European population is exposed to significant noise pollution from rail transport, in particular freight. Noise is a localised externality, affecting people living close to railway lines. Its reduction is the most cost-effective at the source, where the noise is produced. The replacement of cast iron brake blocks with composite brake blocks can bring noise reductions of up to 10 dB. Therefore the support of the retrofitting of wagons with the most economically viable low-noise braking technology available should be encouraged and pursued.

               (2)

               This Regulation aims at incentivising the retrofitting by allowing the reimbursement of relevant costs linked with installation of composite brake blocks.

               (3)

               Article 31(5) of Directive 2012/34/EU empowered the Commission to adopt implementing measures setting out the modalities to be followed for the application of the charging for the cost of noise effects including its duration of application and enabling the differentiation of infrastructure charges to take into account, where appropriate, the sensitivity of the area affected, in particular in terms of the size of population affected and the train composition with an impact on the level of noise emissions (‘noise-differentiated track access charges’ or ‘NDTAC’).

               (4)

               This Regulation sets out such modalities and provides an appropriate legal framework on the basis of which a scheme establishing NDTAC (‘the scheme’) should be introduced and applied by the infrastructure managers. This legal framework should guarantee to the railway undertakings, wagon keepers and other stakeholders a legal security and incentives to retrofit their wagons. Therefore the modalities set out by this Regulation cover the duration of the scheme, the level of incentives and the related arrangements.

               (5)

               For the purpose of providing the necessary expertise and assistance, the Commission established in 2011 a NDTAC expert working group. The group consisted of representatives of interested Member States, infrastructure managers, railway undertakings, wagon keepers and civil society, and provided valuable input.

               (6)

               Member States should be free to decide whether the infrastructure manager should modify the infrastructure charges, in accordance with this Regulation, in order to take into account the cost of noise effects.

               (7)

               Wagons which comply with Commission Regulation (EU) No 1304/2014 (3) on the technical specifications of interoperability relating to the subsystem ‘rolling stock — noise’ and its subsequent modifications (‘TSI Noise’), should be considered ‘silent’. Wagons which do not comply with TSI Noise should be considered ‘noisy’. If, during a renewal or upgrading of a wagon, the latter is equipped with certified composite brake blocks and no noise sources are added to the wagon under assessment, then it should be assumed that the requirements of TSI Noise are met.

               (8)

               There are wagons that cannot be retrofitted with composite brake blocks due to their technical characteristics. These wagons should not fall within the scope of this Regulation.

               (9)

               In order to preserve the competitiveness of the railway sector, the scheme should take the form of a minimum mandatory discount or a bonus for railway undertakings using retrofitted wagons. For the same purpose administrative procedures should be kept to the necessary minimum.

               (10)

               In order to take into account the sensitivity of the area affected by the noise, in particular in terms of the size of population affected, infrastructure managers should have a possibility to introduce a surcharge (constituting a malus) for railway undertakings using noisy trains. Malus can only be introduced where bonus is also introduced. The level of malus can vary on different railway lines and sections for duly justified reasons, depending in particular on the noise exposure of the affected population. In order not to affect the overall competitiveness of the railway sector, the malus should be of a limited value and in any case not higher than the bonus. However, if charging of cost of noise is applied to road freight transport in accordance with Union law, such limitation should not apply.

               (11)

               The result of effective noise reduction due to retrofitting can be only noticeable when almost all wagons in a train are silent. Moreover, a better noise performance beyond the required minimum and innovation in noise reduction should be promoted. Therefore additional bonuses for ‘silent’ trains and ‘very quiet’ rolling stock should be allowed.

               (12)

               As one of the main objectives of this Regulation is to provide incentives for a fast retrofitting, the duration of the scheme in relation to bonus should be limited in time and at the same time last long enough to provide sufficient financial support. Therefore the scheme should start to apply as soon as possible and finish to apply in 2021. However, Member States should have the possibility to decide whether the infrastructure managers should apply the scheme after the proposed starting date. The effects of schemes existing at the date of the entry into force of this Regulation should be recognised and taken into account by providing for appropriate transitional provisions. The application of such schemes should in no case result in discrimination between railway undertakings.

               (13)

               If the progress with retrofitting is not satisfactory, Member States should be allowed to apply malus after the end of the duration of the scheme under the condition that a similar measure is applied to the road freight transport sector. The design of this malus should be consistent with the principles of internalisation of external costs of noise for all freight transport modes, in particular road transport.

               (14)

               As wagon keepers are usually in the position to retrofit the wagons while railway undertakings would benefit from the bonus, the incentives should be passed on to those who bear the costs of retrofitting.

               (15)

               Various studies have assessed the retrofitting costs and necessary incentive that would enable pursuing the retrofitting in connection with other funding possibilities. Based on the impact assessment support study of the Commission, the minimum harmonised level of bonus should be set at EUR 0,0035 per axle-km. Such an amount of bonus should incentivise retrofitting a wagon running 45 000 km per year during the period of 6 years by covering 50 % of relevant costs. As it is considered that running a wagon with composite brake blocks leads to higher operating costs and given that a wagon may run in practice less than 45 000 km per year, the amount of bonus could be increased to take this into account.

               (16)

               In order to increase the speed of retrofitting and minimise the risk of possible negative consequences for the competitiveness of the rail sector, wagon keepers and railway undertakings should be encouraged to take advantage of the European public funding possibilities for retrofitting provided by Regulation (EU) No 1316/2013 of the European Parliament and of the Council (4) establishing the Connecting Europe Facility. For the same purpose the Member States which decide that the infrastructure managers apply the scheme should be encouraged to make relevant national funds available.

               (17)

               In order to ensure non-discriminatory conditions for all railway undertakings and prevent payment of bonuses for the use of wagons which are not entitled to benefit from them, infrastructure managers should receive data regarding the relevant noise characteristics of wagons. In order to reduce administrative burden, existing registers and other tools, where available, should be used for that purpose.

               (18)

               Infrastructure managers applying the scheme should cooperate in order to simplify and harmonise procedures relating to the operation of the scheme with a view to reducing administrative and financial burdens for railway undertakings.

               (19)

               This Regulation should be without prejudice to the provisions of Directive 2012/34/EU regarding the financing of infrastructure, the equilibrium of income and expenditure of the infrastructure manager and equitable, non-discriminatory and transparent access to infrastructure.

               (20)

               The measures provided for in this Regulation are in accordance with the opinion of the Committee referred to in Article 62(3) of Directive 2012/34/EU,

         HAS ADOPTED THIS REGULATION:
   Article 1
   Scope
   1.   This Regulation sets out the modalities to be followed by the infrastructure manager for the application of the charging for the cost of noise effects caused by the freight rolling stock.
   It shall apply when a Member State, within the charging framework as provided for in Article 29(1) of Directive 2012/34/EU, has decided to introduce modification of infrastructure charges in accordance with Article 31(5), first subparagraph of that Directive.
   2.   This Regulation shall not apply to wagons which fulfil one of the following conditions:

               (a)

               wagons that hold a derogation from TSI Noise under Article 9 of Directive 2008/57/EC of the European Parliament and of the Council (5);

               (b)

               wagons for which there are no available TSI Wagon compliant composite brake blocks which can be directly fitted in the wagon without further modification of the braking system or dedicated tests;

               (c)

               wagons coming from third countries and running on 1 520 or 1 524 mm railway gauge network and which are granted a specific case in TSI Noise or excluded from its scope.

         3.   The bonus and the malus resulting from the differentiation of the track access charges shall ensure non-discriminatory and transparent access to infrastructure.
   4.   The differentiation of the track access charges according to this Regulation shall be without prejudice to the application of State aid rules.
   Article 2
   Definitions
   For the purpose of this Regulation, the following definitions shall apply:

               (1)

               ‘Scheme’ means provisions establishing noise-differentiated track access charges to be adopted and applied by infrastructure managers;

               (2)

               ‘Retrofitted wagons’ means existing wagons retrofitted with composite brake blocks in accordance with the requirements set out in TSI Noise;

               (3)

               ‘Silent wagons’ means new or existing wagons respecting relevant noise limit values set out in TSI Noise;

               (4)

               ‘Noisy wagons’ means wagons not respecting relevant noise limit values set out in TSI Noise;

               (5)

               ‘Noisy train’ means a train composed of more than 10 % of noisy wagons;

               (6)

               ‘Silent train’ means a train which is composed of at least 90 % of silent wagons;

               (7)

               ‘Very quiet wagons and locomotives’ means wagons and locomotives with noise emissions at least 3 dB below the relevant values set out in TSI Noise;

               (8)

               ‘Bonus for retrofitted wagons’ means a mandatory discount from the infrastructure access charges for railway undertakings using retrofitted wagons;

               (9)

               ‘Train bonus’ means an optional discount for railway undertakings for each ‘silent train’;

               (10)

               ‘Bonus for very quiet wagons or locomotives’ means an optional discount for railway undertakings for each very quiet wagon and locomotive;

               (11)

               ‘Malus’ means an optional surcharge to the infrastructure access charges to be paid by railway undertakings for each noisy train.

         Article 3
   Scheme
   1.   On the basis of the modalities set out in this Regulation, the infrastructure manager shall adopt a scheme which differentiates the infrastructure charges depending on the level of noise produced and which applies to all railway undertakings concerned. The application of this scheme shall not result in the undue distortion of competition between railway undertakings or negatively affect the overall competitiveness of the rail freight sector.
   2.   The scheme shall apply until 31 December 2021.
   Article 4
   Bonus for retrofitted wagons
   1.   Infrastructure managers shall introduce a bonus for railway undertakings using retrofitted wagons. The level of bonus shall be the same on the entire network of the infrastructure manager and it shall be applicable to each retrofitted wagon.
   2.   The basis for calculation of the level of bonus shall be the number of axles of a wagon and amount of kilometres run in a period determined by the infrastructure manager.
   3.   The minimum level of a bonus shall be set at EUR 0,0035 per axle-km.
   4.   When setting the level of the bonus, the infrastructure manager may take into account the inflation, mileage run by wagons and operating costs linked with the use of retrofitted wagons.
   5.   The level of bonus calculated in accordance with paragraph 3 and, where relevant, paragraph 4 shall be set for at least 1 year.
   6.   Infrastructure managers may decide to cancel or reduce the level of bonus by the value of retrofitting costs for those wagons that had already received bonus payments which allow them to reimburse the retrofitting costs.
   Article 5
   Train bonus
   1.   Infrastructure managers may introduce a bonus for railway undertakings running silent trains.
   2.   Train bonus shall be applicable to each silent train.
   3.   The amount of the bonus for silent train shall be maximum 50 % of the total value of bonuses applicable to retrofitted wagons composing that train and calculated in accordance with Article 4.
   4.   The bonus for silent train shall be cumulative with the bonuses referred to in Articles 4 and 6.
   Article 6
   Bonus for very quiet wagons and locomotives
   1.   Infrastructure managers may introduce a bonus for railway undertakings running very quiet wagons and locomotives.
   2.   Bonus referred to in paragraph 1 shall be applicable to each very quiet wagon and locomotive.
   3.   The amount of the bonus for each very quiet wagon and locomotive shall proportionally correspond to the reduction of noise levels below these limit values and shall be maximum 50 % of the value of bonus applicable to the retrofitted wagon as calculated in accordance with Article 4.
   4.   The bonus for very quiet wagons and locomotives shall be cumulative with the bonuses referred to in Articles 4 and 5.
   Article 7
   Malus
   1.   Infrastructure managers may introduce a malus for railway undertakings running noisy trains.
   2.   Malus shall be applicable to each noisy train.
   3.   The total sum of malus paid over the duration of the scheme shall not be higher than the sum of bonuses referred to in Articles 4, 5 and 6.
   4.   Infrastructure managers shall be allowed not to apply paragraph 3 if similar charging of cost of noise is applied to road freight transport in accordance with Union law in the Member State concerned.
   5.   By derogation from Article 3 Member States may decide to continue to apply or introduce a malus after the end of the duration of the scheme under condition that a similar measure is applied to road freight transport sector in accordance with Union law.
   6.   When deciding to introduce the malus and setting its level, the infrastructure manager may, as appropriate and after consulting the relevant stakeholders, take into account the sensitivity of the area affected by rail freight traffic, in particular the size of population affected and its exposure to rail noise along the railway line.
   Article 8
   Administrative arrangements
   1.   Infrastructure managers shall be responsible for managing the scheme, including keeping the accounts for financial flows with railway undertakings. They shall make available the data concerning these financial flows upon request of the competent national authorities during the period of application of the scheme and in the following 10 years after the expiry of the scheme.
   2.   Infrastructure manager shall use existing registers and other available tools in order to gather evidence demonstrating the status of the wagons or locomotives (accordingly retrofitted, silent or noisy, very quiet).
   3.   If the data referred to in paragraph 2 cannot be gathered from registers or tools, the infrastructure manager shall request the railway undertakings to demonstrate the status of the wagons and locomotives they intend to use.
   In case of retrofitted wagon, the railway undertaking shall deliver relevant technical or financial evidence that the retrofitting took place.
   In case of silent wagons, the railway undertaking shall deliver an authorisation to place in service or any equivalent evidence.
   In case of very quiet wagons and locomotives, the railway undertaking shall deliver evidence proving the lower level of noise, including, if appropriate, details of additional noise reduction modifications undertaken.
   4.   Administrative measures developed at national level for the management of the existing schemes may continue to apply as long as they comply with this Regulation.
   5.   Administrative costs of the scheme shall not be taken into account in the determination of the level of bonus and malus.
   6.   Infrastructure managers of Member States applying the scheme shall cooperate, in particular regarding the simplification and harmonisation of administrative procedures for the application of the charging for the cost of noise effects caused by the freight rolling stock as provided for by this Regulation, including on the format of the evidence referred to in paragraph 3.
   Article 9
   Notification
   1.   The schemes shall be notified to the Commission before they become applicable.
   2.   By 1 May 2016, and by 1 May of each following year the Member States shall report to the Commission for the previous calendar year at least the following data:

               (a)

               number of wagons that were subject to bonus referred to in Article 4;

               (b)

               where applicable, number of wagons and locomotives subject to bonus referred to in Article 6;

               (c)

               where applicable, number of trains subject to bonus referred to in Article 5;

               (d)

               where applicable, number of trains that were subject to malus;

               (e)

               mileage run by retrofitted wagons in the Member State concerned;

               (f)

               estimated mileage run by silent and noisy trains in the Member State concerned.

         3.   Upon request of the Commission additional data shall be provided where available. This data may include:

               (a)

               total amount of bonuses granted for retrofitted wagons, silent trains and very quiet wagons and locomotives;

               (b)

               total amount of maluses collected;

               (c)

               average amount of bonus and malus per axle-km.

         Article 10
   Review
   1.   By 31 December 2018, the Commission shall evaluate the implementation of the schemes, in particular regarding the progress of retrofitting of wagons and the balance between bonus deducted and malus already paid. In addition, the Commission shall evaluate the impact of the schemes put in place according to this Regulation on the overall competitiveness of the freight railway sector and the passing on of the incentives induced through the scheme from railway undertakings to wagon keepers.
   2.   Taking into account the results of the evaluation, the Commission may if necessary, amend this Regulation in particular in relation to the minimum level of bonus.
   Article 11
   Existing schemes
   1.   Existing schemes at the date of the entry into force of this Regulation, including contracts based on such schemes, may continue to apply until 10 December 2016 at the latest. The scheme provided for by this Regulation may only be applied after the existing schemes have been terminated. Termination of existing schemes shall not be required if the infrastructure manager has made the existing scheme and contracts based on it compliant with this Regulation by 11 December 2016.
   2.   Infrastructure managers from Member States that had in place schemes referred to in paragraph 1 may decide not to apply Article 3(2) as long as the total duration of their schemes is at least of 6 years.
   Article 12
   Entry into force
   This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.
   It shall apply from 16 June 2015.

      This Regulation shall be binding in its entirety and directly applicable in the Member States.
      Done at Brussels, 13 March 2015.

            For the Commission

            The President

         Jean-Claude JUNCKER

      (1)  OJ L 343, 14.12.2012, p. 32.

      (2)  COM(2011) 144.

      (3)  Commission Regulation (EU) No 1304/2014 of 26 November 2014 on the technical specification for interoperability relating to the subsystem ‘rolling stock — noise’ amending Decision 2008/232/EC and repealing Decision 2011/229/EU (OJ L 356, 12.12.2014, p. 421).

      (4)  Regulation (EU) No 1316/2013 of the European Parliament and of the Council of 11 December 2013 establishing the Connecting Europe Facility, amending Regulation (EU) No 913/2010 and repealing Regulations (EC) No 680/2007 and (EC) No 67/2010 (OJ L 348, 20.12.2013, p. 129).

      (5)  Directive 2008/57/EC of the European Parliament and of the Council of 17 June 2008 on the interoperability of the rail system within the Community (OJ L 191, 18.7.2008, p. 1).