title: Commission Implementing Regulation (EU) 2018/269 of 22 February 2018 on the minimum selling price for skimmed milk powder for the 17th partial invitation to tender within the tendering procedure opened by Implementing Regulation (EU) 2016/2080

text:
               23.2.2018

               EN

               Official Journal of the European Union

               L 51/13

         COMMISSION IMPLEMENTING REGULATION (EU) 2018/269
   of 22 February 2018
   on the minimum selling price for skimmed milk powder for the 17th partial invitation to tender within the tendering procedure opened by Implementing Regulation (EU) 2016/2080
   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) 2016/1240 of 18 May 2016 laying down rules for the application of Regulation (EU) No 1308/2013 of the European Parliament and of the Council with regard to public intervention and aid for private storage (2), and in particular Article 32 thereof,
   Whereas:

               (1)

               Commission Implementing Regulation (EU) 2016/2080 (3) has opened the sale of skimmed milk powder by a tendering procedure.

               (2)

               In the light of the tenders received for the 17th partial invitation to tender, a minimum selling price should be fixed.

               (3)

               The Committee for the Common Organisation of Agricultural Markets has not delivered an opinion within the time limit laid down by its Chair,

         HAS ADOPTED THIS REGULATION:
   Article 1
   For the 17th partial invitation to tender for the selling of skimmed milk powder within the tendering procedure opened by Implementing Regulation (EU) 2016/2080, in respect of which the period during which tenders were to be submitted ended on 20 February 2018, the minimum selling price shall be 110,00 EUR/100 kg.
   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 February 2018.

            For the Commission,

            On behalf of the President,

         Jerzy PLEWA

            Director-General

            Directorate-General for Agriculture and Rural Development

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

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

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


title: Commission Implementing Regulation (EU) 2018/349 of 8 March 2018 amending for the 282nd time Council Regulation (EC) No 881/2002 imposing certain specific restrictive measures directed against certain persons and entities associated with the ISIL (Da'esh) and Al-Qaida organisations

text:
               9.3.2018

               EN

               Official Journal of the European Union

               L 67/28

         COMMISSION IMPLEMENTING REGULATION (EU) 2018/349
   of 8 March 2018
   amending for the 282nd time Council Regulation (EC) No 881/2002 imposing certain specific restrictive measures directed against certain persons and entities associated with the ISIL (Da'esh) and Al-Qaida organisations
   THE EUROPEAN COMMISSION,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to Council Regulation (EC) No 881/2002 of 27 May 2002 imposing certain specific restrictive measures directed against certain persons and entities associated with the ISIL (Da'esh) and Al-Qaida organisations (1), and in particular Article 7(1)(a) and Article 7a(1) thereof,
   Whereas:

               (1)

               Annex I to Regulation (EC) No 881/2002 lists the persons, groups and entities covered by the freezing of funds and economic resources under that Regulation.

               (2)

               On 6 March 2018, the Sanctions Committee of the United nations Security Council decided to add three entries to the list of persons, groups and entities to whom the freezing of funds and economic resourced should apply. Annex I to Regulation (EC) No 881/2002 should therefore be amended accordingly.

               (3)

               In order to ensure that the measures provided for in this Regulation are effective it should enter into force immediately,

         HAS ADOPTED THIS REGULATION:
   Article 1
   Annex I to Regulation (EC) No 881/2002 is amended in accordance with 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, 8 March 2018.

            For the Commission,

            On behalf of the President,

            Head of the Service for Foreign Policy Instruments

      (1)  OJ L 139, 29.5.2002, p. 9.

      ANNEX
      Annex I to Regulation (EC) No 881/2002 is amended as follows:

                  (1)

                  The following entries are added under the heading ‘Natural persons’:

                              (a)

                                 ‘Salim Mustafa Muhammad Al-Mansur (alias: (a) Salim Mustafa Muhammad Mansur Al-Ifri; (b) Saleem Al-Ifri; (c) Salim Mansur Mustafa; (d) Salim Mansur; (e) Hajji Salim Al-Shaklar). Date of birth: (a) 20.2.1962 (b) 1959. Place of birth: (a) Baghdad, Iraq; (b) Tel Afar, Nineveh Province, Iraq. Nationality: Iraqi. Passport no: Iraq number A6489694, issued on 2.9.2013 (expires on 31.8.2021). National identification no: (a) Iraq national identification card 00813602, issued on 18.9.2011; (b) Iraq Certificate of Iraqi Nationality 300397, issued on 25.6.2013. Address: (a) 17 Tamoz, Mosul, Iraq (previous address); (b) Tel Afar – Al-Saad, Mosul, Iraq (previous address). Other information: Physical description: hair colour: black; eye colour: honey; height: 170 cm; speaks Arabic. Date of designation referred to in Article 7d(2)(i): 6.3.2018.’

                              (b)

                                 ‘Umar Mahmud Irhayyim Al-Kubaysi (alias: (a) Umar Mahmud Rahim al-Kubaysi; (b) Omar Mahmood Irhayyim Al-Fayyadh; (c) Umar Mahmud Rahim; (d) Umar Mahmud Rahim Al-Qubaysi; (e) Umar Mahmud Al-Kubaysi Arhaym; (f) Umar Mahmud Arhaym; (g) Omar Mahmood Irhayyim; (h) Omar Mahmood Irhayyim Al-Fayyadh Al-Kobaisi; (i) Umar al-Kubaysi). Date of birth: (a) 16.6.1967; (b) 1.1.1967. Place of birth: Al-Qaim, Al-Anbar Province, Iraq. Nationality: Iraqi. Passport no: Iraq number A4059346, issued on 29.5.2013, issued in Baghdad, Iraq (expires on 27.5.2021). National identification no: (a) Iraq national identification card 00405771, issued on 20 May 2013, issued in Iraq; (b) Iraq Certificate of Iraqi Nationality 540763, issued on 13.2.1984. Address: Al-Qaim, Al-Anbar Province, Iraq. Other information: Physical description: sex: male, hair colour: black; height: 175 cm; speaks Arabic. Date of designation referred to in Article 7d(2)(i): 6.3.2018.’

                  (2)

                  The following entry is added under the heading ‘Legal persons, groups and entities’:
                  ‘Al-Kawthar Money Exchange (alias: (a) Al Kawthar Co.; (b) Al Kawthar Company; (c) Al-Kawthar Hawala). Address: Al-Qaim, Al Anbar Province, Iraq. Other information: Money exchange business and owned by Umar Mahmud Irhayyim al-Kubaysi as of mid-2016. Established in 2000 under License number 202, issued on 17.5.2000, and since withdrawn. Date of designation referred to in Article 7d(2)(i): 6.3.2018.’


title: Commission Implementing Regulation (EU) 2018/348 of 8 March 2018 on a temporary derogation from the rules of preferential origin laid down in Delegated Regulation (EU) 2015/2446 in respect of bicycles and other cycles produced in Cambodia regarding the use, under cumulation, of parts originating in Malaysia

text:
               9.3.2018

               EN

               Official Journal of the European Union

               L 67/24

         COMMISSION IMPLEMENTING REGULATION (EU) 2018/348
   of 8 March 2018
   on a temporary derogation from the rules of preferential origin laid down in Delegated Regulation (EU) 2015/2446 in respect of bicycles and other cycles produced in Cambodia regarding the use, under cumulation, of parts originating in Malaysia
   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 64(6) and 66(b) thereof,
   Whereas:

               (1)

               By Regulation (EU) No 978/2012 of the European Parliament and of the Council (2) the Union granted generalised tariff preferences (‘GSP’) to Cambodia. The GSP scheme became applicable on 1 January 2014.

               (2)

               Regulation (EU) No 952/2013 provides for the possibility to grant, in certain precisely defined circumstances and for certain goods, derogations from the rules on preferential origin in favour of GSP beneficiary countries. According to Commission Delegated Regulation (EU) 2015/2446 (3), regional cumulation can only apply in the same regional group to countries which, at the time of exportation to the Union, are beneficiaries of the GSP.

               (3)

               On 13 October 2016, Cambodia submitted a request for a 3-year extension of a derogation granted by Commission Implementing Regulation (EU) No 822/2014 (4). Under that derogation, Cambodia was entitled, for the purpose of determining the origin of bicycles of HS heading 8712 imported to the Union from Cambodia, to consider parts originating in Malaysia to be materials originating in Cambodia by virtue of regional cumulation under the GSP scheme, even though Malaysia was not a GSP beneficiary country.

               (4)

               In its request, Cambodia considered that considerable efforts had been made by its bicycle industry to gradually comply with the Union rules of origin for the least developed countries (as provided for in Annex 22-03 of Delegated Regulation (EU) 2015/2446), under which in order for a product to be considered originating in the least developed country, the materials used for its production and imported from other countries should not exceed 70 %. However, Cambodia concluded that more time is needed for that industry to reach full compliance with the Union rules of origin for the least developed countries.

               (5)

               By letter of 17 February 2017, the Commission requested Cambodia to submit further information. On 15 June 2017, Cambodia transmitted its answer to that request, as a result of which its application was considered complete.

               (6)

               In its reply, Cambodia demonstrated that efforts had been made to render the bicycle industry more autonomous thanks to investments aiming to set up further part manufacturing lines (such as frames, painting, wielding or rims). Cambodia also explained that manufacturers had been incented to purchase bike accessories as well as packaging material from local suppliers in order to increase the added value created in Cambodia. Consequently, Cambodia has now its own policy to attract investors to set up industrial clusters in special economic zones to support the bicycle industry.

               (7)

               Cambodia underlines that an additional period of time is important to maintain the momentum of the Cambodian bicycle industry and for new projects to take effect, notably in the field of promoting investments in other ASEAN members which will help to meet the needs of the Cambodian bicycle industry with regard to quality and price of the bicycle parts.

               (8)

               It appears from that additional information that Cambodia now affords its bicycle industry a satisfactory level of autonomy and the figures presented in its report show that a continuous fulfilment of the rule of origin allowing the use of up to 70 % of non-originating materials is now within reach. Therefore, given that improvement, there is no need for a long period of extension of the derogation or for a high number of units imported into the Union to be covered by that derogation. As the derogation for 2016 concerned 150 000 units, a number of 100 000 units will be sufficient to support Cambodia in completing the autonomy of its industry.

               (9)

               Nevertheless, as Cambodia explained in its request, making full use of the derogation depends on the seasonal rhythm separating the period for ordering parts (October-December) from the period of importation of those parts from the other countries (from May of the following year to March of the third year). Therefore it appears necessary to provide a sufficiently long period of time for the derogation to be beneficial. For the same purposes, this Regulation should enter into force on the day of its publication in the Official Journal of the European Union.

               (10)

               In order to allow efficient monitoring of the operation of the derogation, it is necessary to require the authorities of Cambodia to communicate regularly to the Commission the details of the certificates of origin Form A which have been issued within the framework of the derogation.

               (11)

               The derogation should concern all products of HS heading 8712 using parts of HS heading 8714 originating in Malaysia.

               (12)

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

         HAS ADOPTED THIS REGULATION:
   Article 1
   1.   By way of derogation from point (a) of Article 55(2) of Delegated Regulation (EU) 2015/2446, Cambodia shall be entitled to rely on regional cumulation of origin in accordance with Title II, Chapter 1, Section 2 of Delegated Regulation (EU) 2015/2446 when using parts of HS heading 8714 originating in Malaysia for the production of bicycles and other cycles of HS heading 8712 to be exported to the Union.
   2.   The proofs of origin for the parts referred to in paragraph 1 shall be drawn up in accordance with Title II, Chapter 2, Section 2, Subsection 2 of Commission Implementing Regulation (EU) 2015/2447 (5).
   Article 2
   The derogation provided for in Article 1 shall apply to products of HS heading 8712 exported from Cambodia and declared for release for free circulation in the Union during the period and up to the quantities set out in the Annex.
   Article 3
   The quantities set out in the Annex to this Regulation shall be managed in accordance with Articles 49 to 54 of Implementing Regulation (EU) 2015/2447.
   Article 4
   Box 4 of certificates of origin Form A issued by the competent authorities of Cambodia or statements on origin made out by the exporters registered in Cambodia with regard to products referred to in Article 2 shall bear the following endorsements:

               —

               ‘Derogation — Commission Implementing Regulation (EU) 2018/348’,

         The competent authorities of Cambodia shall forward to the Commission, by the end of the month following each civil quarter, a quarterly statement of the quantities of products referred to in Article 2 in respect of which certificates of origin Form A have been issued and the serial numbers of those certificates.
   Article 5
   The competent authorities of Cambodia shall take all the necessary measures to ensure compliance with Articles 1 and 4 and to put in place and maintain any administrative structures and systems to ensure the correct implementation of the derogation referred to in Article 1 and administrative cooperation, both with the authorities of Malaysia and with the European Commission and the customs authorities of the Member States of the Union, as specified in Title II, Chapter 2, Section 2, Subsection 2 of Implementing Regulation (EU) 2015/2447.
   Article 6
   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, 8 March 2018.

            For the Commission

            The President

         Jean-Claude JUNCKER

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

      (2)  Regulation (EU) No 978/2012 of the European Parliament and of the Council of 25 October 2012 applying a scheme of generalised tariff preferences and repealing Council Regulation (EC) No 732/2008 (OJ L 303, 31.10.2012, p. 1).

      (3)  Commission Delegated Regulation (EU) 2015/2446 of 28 July 2015 supplementing Regulation (EU) No 952/2013 of the European Parliament and of the Council as regards detailed rules concerning certain provisions of the Union Customs Code (OJ L 343, 29.12.2015, p. 1).

      (4)  Commission Implementing Regulation (EU) No 822/2014 of 28 July 2014 on a derogation from Regulation (EEC) No 2454/93 as regards the rules of origin under the scheme of generalised tariff preferences in respect of bicycles produced in Cambodia regarding the use under cumulation of bicycle parts originating in Malaysia (OJ L 223, 29.7.2014, p. 19).

      (5)  Commission Implementing Regulation (EU) 2015/2447 of 24 November 2015 laying down detailed rules for implementing certain provisions of Regulation (EU) No 952/2013 of the European Parliament and of the Council laying down the Union Customs Code (OJ L 343, 29.12.2015, p. 558).

      ANNEX

                  Order No

                  CN Code

                  Description of goods

                  Period

                  Quantities (in units)

                  09.8094

                  8712

                  Bicycles and other cycles (including delivery tricycles), not motorised

                  9 March 2018 to 31 December 2019

                  100 000


title: Commission Implementing Regulation (EU) 2018/550 of 6 April 2018 amending Annex II to Regulation (EC) No 684/2009 implementing Council Directive 2008/118/EC as regards the computerised procedures for the movement of excise goods under suspension of excise duty

text:
               9.4.2018

               EN

               Official Journal of the European Union

               L 91/13

         COMMISSION IMPLEMENTING REGULATION (EU) 2018/550
   of 6 April 2018
   amending Annex II to Regulation (EC) No 684/2009 implementing Council Directive 2008/118/EC as regards the computerised procedures for the movement of excise goods under suspension of excise duty
   THE EUROPEAN COMMISSION,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to Council Directive 2008/118/EC of 16 December 2008 concerning the general arrangements for excise duty and repealing Directive 92/12/EEC (1), and in particular Article 29(1) thereof,
   Whereas:

               (1)

               Council Regulation (EEC) No 2658/87 (2) established a goods nomenclature, the ‘Combined Nomenclature’, to meet the requirements of the Common Customs Tariff, the external trade statistics of the Union, and other Union policies concerning the importation or exportation of goods.

               (2)

               For the completion of certain data fields in the messages exchanged for the purposes of Articles 21 to 25 of Directive 2008/118/EC, the codes listed in Annex II to Commission Regulation (EC) No 684/2009 (3) are to be used.

               (3)

               The products subject to the provisions of Council Directive 2003/96/EC (4) are described by references to the codes of the Combined Nomenclature of Commission Regulation (EC) No 2031/2001 (5).

               (4)

               Certain energy products are listed in the table in point 11 (Excise product) of Annex II to Regulation (EC) No 684/2009 and they are described by references to codes of the Combined Nomenclature of Regulation (EC) No 2031/2001.

               (5)

               Pursuant to the amendments to Annex I to Regulation (EEC) No 2658/87, the latest ones introduced by Commission Implementing Regulation (EU) 2017/1925 (6), the codes of the Combined Nomenclature for certain energy products referred to in Directive 2003/96/EC have been replaced by new codes.

               (6)

               Pursuant to Commission Implementing Decision (EU) 2018/552 (7), the codes of the Combined Nomenclature for certain energy products subject to the provisions of Directive 2003/96/EC have been updated in the light of changes of the Combined Nomenclature, the latest ones introduced by Implementing Regulation (EU) 2017/1925.

               (7)

               It is necessary to ensure that the codes of the Combined Nomenclature used to describe the energy products listed in point 11 (Excise product) of Annex II to Regulation (EC) No 684/2009 are the codes of the Combined Nomenclature, to which references are made in Directive 2003/96/EC, as updated by Implementing Decision (EU) 2018/552.

               (8)

               Council Directive 95/60/EC (8) does not require the application of the common fiscal marker to jet fuel falling within CN code 2710 19 21. Therefore this code should not be used to describe marked kerosene.

               (9)

               The description for excise product code E490 refers to a wide range of CN codes, but only some of them should be covered by this excise product code in accordance with Article 20(1)(c) of Directive 2003/96/EC. Therefore its description should be clarified in order to list only the relevant CN codes.

               (10)

               Regulation (EC) No 684/2009 should therefore be amended accordingly.

               (11)

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

         HAS ADOPTED THIS REGULATION:
   Article 1
   In the table in point 11 (Excise product) of Annex II to Regulation (EC) No 684/2009, the rows with excise products with codes from E410 to E490 and codes E910 and E920 are replaced by the following:

                  EPC

                  CAT

                  UNIT

                  Description

                  A

                  P

                  D

               E410

               E

               2

               Leaded petrol falling within CN codes 2710 12 31 , 2710 12 51  and 2710 12 59  (Article 20(1)(c) of Directive 2003/96/EC)

               N

               N

               Y

               E420

               E

               2

               Unleaded petrol falling within CN codes 2710 12 31 , 2710 12 41 , 2710 12 45  and 2710 12 49  (Article 20(1)(c) of Directive 2003/96/EC)

               N

               N

               Y

               E430

               E

               2

               Gas oil, unmarked falling within CN codes 2710 19 43 , 2710 19 46 , 2710 19 47 , 2710 19 48 , 2710 20 11 , 2710 20 15 , 2710 20 17  and 2710 20 19  (Article 20(1)(c) of Directive 2003/96/EC)

               N

               N

               Y

               E440

               E

               2

               Gas oil, marked falling within CN codes 2710 19 43 , 2710 19 46 , 2710 19 47 , 2710 19 48 , 2710 20 11 , 2710 20 15 , 2710 20 17  and 2710 20 19  (Article 20(1)(c) of Directive 2003/96/EC)

               N

               N

               Y

               E450

               E

               2

               Kerosene, falling within CN code 2710 19 21  and unmarked kerosene falling within CN code 2710 19 25  (Article 20(1)(c) of Directive 2003/96/EC)

               N

               N

               Y

               E460

               E

               2

               Kerosene, marked falling within CN code 2710 19 25  (Article 20(1)(c) of Directive 2003/96/EC)

               N

               N

               Y

               E470

               E

               1

               Heavy fuel oil falling within CN codes 2710 19 62 , 2710 19 64 , 2710 19 68 , 2710 20 31 , 2710 20 35  and 2710 20 39  (Article 20(1)(c) of Directive 2003/96/EC)

               N

               N

               N

               E480

               E

               2

               Products falling within CN codes 2710 12 21 , 2710 12 25 , 2710 19 29  and 2710 20 90  (only for products of which less than 90 % by volume (including losses) distils at 210 °C and 65 % or more by volume (including losses) distils at 250 °C by the ISO 3405 method (equivalent to the ASTM D 86 method)) in bulk commercial movements (Article 20(1)(c) of Directive 2003/96/EC)

               N

               N

               Y

               E490

               E

               2

               Products falling within CN codes 2710 12 11 , 2710 12 15 , 2710 12 70 , 2710 12 90 , 2710 19 11 , 2710 19 15 , 2710 19 31 , 2710 19 35 , 2710 19 51  and 2710 19 55 . (Article 20(1)(c) of Directive 2003/96/EC)

               N

               N

               Y

               E910

               E

               2

               Fatty-acid mono-alkyl esters, containing by weight 96,5 % or more of esters (FAMAE) falling within CN code 3826 00 10  (Article 20(1)(h) of Directive 2003/96/EC)

               N

               N

               Y

               E920

               E

               2

               Products falling within CN codes 3824 99 86 , 3824 99 92  (excluding anti-rust preparations containing amines as active constituents and inorganic composite solvents and thinners for varnishes and similar products), 3824 99 93 , 3824 99 96  (excluding anti-rust preparations containing amines as active constituents and inorganic composite solvents and thinners for varnishes and similar products) and 3826 00 90 , if these are intended for use as heating fuel or motor fuel (Article 20(1)(h) of Directive 2003/96/EC)

               N

               N

               Y

         Article 2
   This Regulation shall enter into force on the third day following that of its publication in the Official Journal of the European Union.
   It shall apply from 15 September 2018.

      This Regulation shall be binding in its entirety and directly applicable in all Member States.
      Done at Brussels, 6 April 2018.

            For the Commission

            The President

         Jean-Claude JUNCKER

      (1)  OJ L 9, 14.1.2009, p. 12.

      (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).

      (3)  Commission Regulation (EC) No 684/2009 of 24 July 2009 implementing Council Directive 2008/118/EC as regards the computerised procedures for the movement of excise goods under suspension of excise duty (OJ L 197, 29.7.2009, p. 24).

      (4)  Council Directive 2003/96/EC of 27 October 2003 restructuring the Community framework for the taxation of energy products and electricity (OJ L 283, 31.10.2003, p. 51).

      (5)  Commission Regulation (EC) No 2031/2001 of 6 August 2001 amending Annex I to Council Regulation (EEC) No 2658/87 on the tariff and statistical nomenclature and on the Common Customs Tariff (OJ L 279, 23.10.2001, p. 1).

      (6)  Commission Implementing Regulation (EU) 2017/1925 of 12 October 2017 amending Annex I to Council Regulation (EEC) No 2658/87 on the tariff and statistical nomenclature and on the Common Customs Tariff (OJ L 282, 31.10.2017, p. 1).

      (7)  Commission Implementing Decision (EU) 2018/552 of 6 April 2018 updating the references in Council Directive 2003/96/EC to the codes of the Combined Nomenclature for certain products (see page 27 of this Official Journal).

      (8)  Council Directive 95/60/EC of 27 November 1995 on fiscal marking of gas oils and kerosene (OJ L 291, 6.12.1995, p. 46).


title: Commission Implementing Regulation (EU) 2018/549 of 6 April 2018 amending Annex I to Council Regulation (EEC) No 2658/87 on the tariff and statistical nomenclature and on the Common Customs Tariff

text:
               9.4.2018

               EN

               Official Journal of the European Union

               L 91/11

         COMMISSION IMPLEMENTING REGULATION (EU) 2018/549
   of 6 April 2018
   amending Annex I to Council Regulation (EEC) No 2658/87 on the tariff and statistical nomenclature and on the Common Customs Tariff
   THE EUROPEAN COMMISSION,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to Council Regulation (EEC) No 2658/87 of 23 July 1987 on the tariff and statistical nomenclature and on the Common Customs Tariff (1), and in particular Article 9(1)(e) thereof,
   Whereas:

               (1)

               Regulation (EEC) No 2658/87 established a nomenclature of goods (hereinafter referred to as the ‘Combined Nomenclature’ or ‘CN’), which is set out in Annex I to that Regulation.

               (2)

               Additional note 6 to Chapter 17 of the Combined Nomenclature defines ‘inulin syrup’ for the purposes of CN subheadings 1702 60 80 and 1702 90 80. It is an immediate product obtained by hydrolysis of inulin or oligofructoses, containing in the dry state a definite amount of fructose in free form or as sucrose.

               (3)

               On the Commission's initiative, on the basis of Article 12(3) of Regulation (EEC) No 2658/87 and Article 7(a)(ii) of Regulation (EU) No 1294/2013 of the European Parliament and of the Council (2), the ‘Proficiency Test on Sugars and Sugar Containing Products 2016’ (3) has been performed in the framework of Action 2 (4) of the Customs Laboratories European Network. It revealed that customs laboratories in the Union interpret the phrase ‘fructose in free form or as sucrose’ mentioned in Additional note 6 to Chapter 17 differently.

               (4)

               The text of that Additional note should therefore be clarified. The quantity of present sugars — expressed on the dry matter — should be determined by the High Performance Liquid Chromatography method which is the most precise method available.

               (5)

               In the interest of maintaining legal certainty, it is necessary to amend that Additional note by adding a new paragraph to the existing text.

               (6)

               In order to ensure uniform interpretation of the Combined Nomenclature throughout the Union with regard to the definition of inulin syrup covered by CN subheadings 1702 60 80 and 1702 90 80, Additional note 6 to Chapter 17 of the Combined Nomenclature should be amended.

               (7)

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

               (8)

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

         HAS ADOPTED THIS REGULATION:
   Article 1
   In Additional note 6 to Chapter 17 of Part Two of the Combined Nomenclature set out in Annex I to Regulation (EEC) No 2658/87, the following paragraph is added:

      ‘The quantity of “fructose in free form or as sucrose” shall be determined using the formula F + 0,5 S/0,95 calculated on the dry matter, where “F” is the fructose content and “S” is the sucrose content, as determined by the High Performance Liquid Chromatography method.’.

   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, 6 April 2018.

            For the Commission

            The President

         Jean-Claude JUNCKER

      (1)  OJ L 256, 7.9.1987, p. 1.

      (2)  Regulation (EU) No 1294/2013 of the European Parliament and of the Council of 11 December 2013 establishing an action programme for customs in the European Union for the period 2014-2020 (Customs 2020) and repealing Decision No 624/2007/EC (OJ L 347, 20.12.2013, p. 209).

      (3)  Final report issued on 24 April 2017 by the European Commission and distributed to the Customs Laboratories European Network.

      (4)  Action 2 deals with intercomparisons and method validations of the customs laboratories.


title: Commission Implementing Regulation (EU) 2018/555 of 9 April 2018 concerning a coordinated multiannual control programme of the Union for 2019, 2020 and 2021 to ensure compliance with maximum residue levels of pesticides and to assess the consumer exposure to pesticide residues in and on food of plant and animal origin (Text with EEA relevance. )

text:
               10.4.2018

               EN

               Official Journal of the European Union

               L 92/6

         COMMISSION IMPLEMENTING REGULATION (EU) 2018/555
   of 9 April 2018
   concerning a coordinated multiannual control programme of the Union for 2019, 2020 and 2021 to ensure compliance with maximum residue levels of pesticides and to assess the consumer exposure to pesticide residues in and on food of plant and animal origin
   (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 396/2005 of the European Parliament and of the Council of 23 February 2005 on maximum residue levels of pesticides in or on food and feed of plant and animal origin and amending Council Directive 91/414/EEC (1), in particular Article 29(2) thereof,
   Whereas:

               (1)

               By Commission Regulation (EC) No 1213/2008 (2) a first coordinated multiannual Community control programme, covering the years 2009, 2010 and 2011, was established. That programme continued under consecutive Commission Regulations. The latest one was Commission Implementing Regulation (EU) 2017/660 (3).

               (2)

               Thirty to forty foodstuffs constitute the major components of the diet in the Union. Since pesticide uses show significant changes over a period of 3 years, pesticides should be monitored in those foodstuffs over a series of 3-year cycles to allow consumer exposure and the application of Union legislation to be assessed.

               (3)

               The European Food Safety Authority, hereinafter (the Authority), submitted a scientific report on a design assessment of the pesticide monitoring programme. It concluded that an MRL exceedance rate above 1 % could be estimated with a margin of error of 0,75 % by selecting 683 sample units for a minimum of 32 different food items (4). Collection of those samples should be apportioned among Member States according to population numbers, with a minimum of 12 samples per product and per year.

               (4)

               Analytical results from the previous official control programmes of the Union have been taken into account to ensure that the range of pesticides covered by the control programme is representative for the pesticides used.

               (5)

               Guidance concerning ‘Analytical quality control and validation procedures for pesticide residues analysis in food and feed’ is published on the Commission website (5).

               (6)

               Where the residue definition of a pesticide includes other active substances, metabolites and/or breakdown or reaction products, those compounds should be reported separately as far as they are measured individually.

               (7)

               Implementing measures, such as the Standard Sample Description (SSD) (6)
                   (7) for submitting results of pesticide residues analysis, relating to the submission of information by Member States have been agreed by Member States, the Commission and the Authority.

               (8)

               For the sampling procedures, Commission Directive 2002/63/EC (8), which incorporates the sampling methods and procedures recommended by the Codex Alimentarius Commission, should apply.

               (9)

               It is necessary to assess whether maximum residue levels for food for infants and young children provided for in Article 10 of Commission Directive 2006/141/EC (9) and Article 7 of Commission Directive 2006/125/EC (10) are respected, taking into account only the residue definitions as they are set out in Regulation (EC) No 396/2005.

               (10)

               As regards single residue methods, Member States may be able to meet their obligations of analysis by having recourse to official laboratories already having the validated methods required.

               (11)

               Member States should submit by 31 August of each year the information concerning the previous calendar year.

               (12)

               In order to avoid any confusion due to an overlap between consecutive multiannual programmes, Implementing Regulation (EU) 2017/660 should be repealed in the interest of legal certainty. It should, however, continue to apply to samples tested in 2018.

               (13)

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

         HAS ADOPTED THIS REGULATION:
   Article 1
   Member States shall, during the years 2019, 2020 and 2021, take and analyse samples for the pesticide/product combinations, as set out in Annex I.
   The number of samples of each product, including foods for infants and young children and products originating from organic farming shall be as set out in Annex II.
   Article 2
   1.   The lot to be sampled shall be chosen randomly.
   The sampling procedure, including the number of units, shall comply with Directive 2002/63/EC.
   2.   All samples, including those of foods intended for infants and young children, shall be analysed for the pesticides set out in Annex I in accordance with the residue definitions set out in Regulation (EC) No 396/2005.
   3.   For foods intended for infants and young children, samples shall be evaluated on the products as proposed ready for consumption or as reconstituted according to the instructions of the manufacturers, taking into account the MRLs set out in Directives 2006/125/EC and 2006/141/EC. Where such foods can be consumed both as sold and as reconstituted, the results shall be reported on the non-reconstituted product as sold.
   Article 3
   Member States shall submit the results of the analysis of samples tested in 2019, 2020 and 2021 by 31 August 2020, 2021 and 2022 respectively. Those results shall be submitted in accordance with the Standard Sample Description (SSD).
   Where the residue definition of a pesticide includes more than one compound (active substance and/or metabolite or breakdown or reaction product), Member States shall report the analysis results in accordance with the full residue definition. In addition, the results of all analytes that are part of the residue definition shall be submitted separately, as far as they are measured individually.
   Article 4
   Implementing Regulation (EU) 2017/660 is repealed.
   However, as regards samples tested in 2018, it shall continue to apply until 1 September 2019.
   Article 5
   This Regulation shall enter into force on 1 January 2019.

      This Regulation shall be binding in its entirety and directly applicable in all Member States.
      Done at Brussels, 9 April 2018.

            For the Commission

            The President

         Jean-Claude JUNCKER

      (1)  OJ L 70, 16.3.2005, p. 1.

      (2)  Commission Regulation (EC) No 1213/2008 of 5 December 2008 concerning a coordinated multiannual Community control programme for 2009, 2010 and 2011 to ensure compliance with maximum residue levels of and to assess the consumer exposure to pesticide residues in and on food of plant and animal origin (OJ L 328, 6.12.2008, p. 9).

      (3)  Commission Implementing Regulation (EU) 2017/660 of 6 April 2017 concerning a coordinated multiannual control programme of the Union for 2018, 2019 and 2020 to ensure compliance with maximum levels of pesticides and to assess the consumer exposure to pesticide residues in and on food of plant and animal origin (OJ L 94, 7.4.2017, p. 12).

      (4)  European Food Safety Authority; pesticide monitoring program: design assessment. EFSA Journal 2015;13(2):4005.

      (5)  Document No. SANTE/11813/2017 https://ec.europa.eu/food/sites/food/files/plant/docs/pesticides_mrl_guidelines_wrkdoc_2017-11813.pdf in its most recent version.

      (6)  Standard sample description for food and feed (EFSA Journal 2010; 8(1): 1457).

      (7)  Use of the EFSA Standard Sample Description ver. 2.0 (SSD) for the reporting of data on the control of pesticide residues in food and feed according to Regulation (EC) No 396/2005 (EFSA Supporting publication 2015: EN-918).

      (8)  Commission Directive 2002/63/EC of 11 July 2002 establishing Community methods of sampling for the official control of pesticide residues in and on products of plant and animal origin and repealing Directive 79/700/EEC (OJ L 187, 16.7.2002, p. 30).

      (9)  Commission Directive 2006/141/EC of 22 December 2006 on infant formulae and follow-on formulae and amending Directive 1999/21/EC (OJ L 401, 30.12.2006, p. 1).

      (10)  Commission Directive 2006/125/EC of 5 December 2006 on processed cereal-based foods and baby foods for infants and young children (OJ L 339, 6.12.2006, p. 16).

      ANNEX I

         Part A: Products of plant origin (1) to be sampled in 2019, 2020 and 2021.

                     2019

                     2020

                     2021

                     (c)

                     (a)

                     (b)

                  Apples (2)

                  Oranges (2)

                  Table grapes (2)

                  Strawberries (2)

                  Pears (2)

                  Bananas (2)

                  Peaches, including nectarines and similar hybrids (2)

                  Kiwi fruits (2)

                  Grapefruits (2)

                  Wine (red or white) made from grapes. (If no specific processing factors for wine are available, a default factor of 1 may be applied. Member States are requested to report the wine processing factors used in the ‘National Summary report’)

                  Cauliflowers (2)

                  Aubergines (2)

                  Lettuces (2)

                  Onions (2)

                  Broccoli (2)

                  Head cabbages (2)

                  Carrots (2)

                  Melons (2)

                  Tomatoes (2)

                  Potatoes (2)

                  Cultivated fungi (2)

                  Spinaches (2)

                  Beans (dried) (2)

                  Sweet peppers/bell peppers (2)

                  Oat grain (3) (4)

                  Rye grain (4)

                  Wheat grain (4)

                  Barley grain (4) (5)

                  Brown rice (husked rice), defined as rice after the removal of the hull from paddy rice (6)

                  Virgin olive oil (If no specific oil processing factor is available, a default factor of 5 may be applied for fat-soluble substances, taking into account an olive oil production standard yield of 20 % of the olive harvest; for non-fat-soluble substances a default oil processing factor of 1 may be used. Member States are requested to report the processing factors used in the ‘National Summary report’)

         Part B: Products of animal origin (1) to be sampled in 2019, 2020 and 2021.

                     2019

                     2020

                     2021

                     (e)

                     (f)

                     (d)

                  Cow's milk (7)

                  Poultry fat (2)

                  Bovine fat (2)

                  Swine fat (2)

                  Sheep fat (2)

                  Chicken eggs (2) (8)

         Part C: Pesticide/product combinations to be monitored in/on products of plant origin

                     2019

                     2020

                     2021

                     Remarks

                  2,4-D

                  (c)

                  (a)

                  (b)

                  It shall only be analysed in and on lettuces, spinaches and tomatoes in 2019; in and on oranges, cauliflowers, brown rice and dried beans in 2020; grapefruits, table grapes, aubergines and broccoli in 2021.

                  2-Phenylphenol

                  (c)

                  (a)

                  (b)

                  Abamectin

                  (c)

                  (a)

                  (b)

                  Acephate

                  (c)

                  (a)

                  (b)

                  Acetamiprid

                  (c)

                  (a)

                  (b)

                  Acrinathrin

                  (c)

                  (a)

                  (b)

                  Aldicarb

                  (c)

                  (a)

                  (b)

                  Aldrin and dieldrin

                  (c)

                  (a)

                  (b)

                     Ametoctradin

                  (c)

                  (a)

                  (b)

                  Azinphos-methyl

                  (c)

                  (a)

                  (b)

                  Azoxystrobin

                  (c)

                  (a)

                  (b)

                  Bifenthrin

                  (c)

                  (a)

                  (b)

                  Biphenyl

                  (c)

                  (a)

                  (b)

                  Bitertanol

                  (c)

                  (a)

                  (b)

                  Boscalid

                  (c)

                  (a)

                  (b)

                  Bromide ion

                  (c)

                  (a)

                  (b)

                  It shall only be analysed in and on lettuces and tomatoes in 2019; in and on brown rice in 2020; in and on sweet peppers in 2021.

                  Bromopropylate

                  (c)

                  (a)

                  (b)

                  Bupirimate

                  (c)

                  (a)

                  (b)

                  Buprofezin

                  (c)

                  (a)

                  (b)

                  Captan

                  (c)

                  (a)

                  (b)

                  Carbaryl

                  (c)

                  (a)

                  (b)

                  Carbendazim and benomyl

                  (c)

                  (a)

                  (b)

                  Carbofuran

                  (c)

                  (a)

                  (b)

                  Chlorantraniliprole

                  (c)

                  (a)

                  (b)

                  Chlorfenapyr

                  (c)

                  (a)

                  (b)

                  Chlormequat

                  (c)

                  (a)

                  (b)

                  It shall only be analysed in and on tomatoes and oats in 2019; in and on carrots, pears, rye and brown rice in 2020; in and on aubergines, table grapes, cultivated fungi and wheat in 2021.

                  Chlorothalonil

                  (c)

                  (a)

                  (b)

                  Chlorpropham

                  (c)

                  (a)

                  (b)

                  Chlorpyrifos

                  (c)

                  (a)

                  (b)

                  Chlorpyrifos-methyl

                  (c)

                  (a)

                  (b)

                  Clofentezine

                  (c)

                  (a)

                  (b)

                  It shall be analysed for all listed commodities except cereals.

                  Clothianidin

                  (c)

                  (a)

                  (b)

                     Cyazofamid

                  (c)

                  (a)

                  (b)

                  Cyfluthrin

                  (c)

                  (a)

                  (b)

                  Cymoxanil

                  (c)

                  (a)

                  (b)

                  Cypermethrin

                  (c)

                  (a)

                  (b)

                  Cyproconazole

                  (c)

                  (a)

                  (b)

                  Cyprodinil

                  (c)

                  (a)

                  (b)

                  Cyromazine

                  (c)

                  (a)

                  (b)

                  It shall only be analysed in and on lettuces and tomatoes in 2019; in and on potatoes, onions and carrots in 2020; in and on aubergines, sweet peppers, melons and cultivated fungi in 2021.

                  Deltamethrin

                  (c)

                  (a)

                  (b)

                  Diazinon

                  (c)

                  (a)

                  (b)

                  Dichlorvos

                  (c)

                  (a)

                  (b)

                  Dicloran

                  (c)

                  (a)

                  (b)

                  Dicofol

                  (c)

                  (a)

                  (b)

                  It shall be analysed for all listed commodities except cereals.

                  Diethofencarb

                  (c)

                  (a)

                  (b)

                  Difenoconazole

                  (c)

                  (a)

                  (b)

                  Diflubenzuron

                  (c)

                  (a)

                  (b)

                  Dimethoate

                  (c)

                  (a)

                  (b)

                  Dimethomorph

                  (c)

                  (a)

                  (b)

                  Diniconazole

                  (c)

                  (a)

                  (b)

                  Diphenylamine

                  (c)

                  (a)

                  (b)

                  Dithianon

                  (c)

                  (a)

                  (b)

                  It shall only be analysed in and on apples and peaches in 2019; in and on pears and brown rice in 2020; in and on table grapes in 2021.

                  Dithiocarbamates

                  (c)

                  (a)

                  (b)

                  It shall be analysed in and on all listed commodities except broccoli, cauliflowers, head cabbages, olive oil, wine and onions.

                  Dodine

                  (c)

                  (a)

                  (b)

                     Emamectin benzoate B1a, expressed as emamectin

                  (c)

                  (a)

                  (b)

                  Endosulfan

                  (c)

                  (a)

                  (b)

                  EPN

                  (c)

                  (a)

                  (b)

                  Epoxiconazole

                  (c)

                  (a)

                  (b)

                  Ethephon

                  (c)

                  (a)

                  (b)

                  It shall only be analysed in and on apples, peaches, tomatoes and wine in 2019; in and on oranges and pears in 2020; in and on sweet peppers, wheat and table grapes in 2021.

                  Ethion

                  (c)

                  (a)

                  (b)

                  Ethirimol

                  (c)

                  (a)

                  (b)

                  It shall be analysed in and on all listed commodities except cereals.

                  Etofenprox

                  (c)

                  (a)

                  (b)

                     Etoxazole

                  (c)

                  (a)

                  (b)

                  Famoxadone

                  (c)

                  (a)

                  (b)

                  Fenamidone

                  (c)

                  (a)

                  (b)

                  Fenamiphos

                  (c)

                  (a)

                  (b)

                  Fenarimol

                  (c)

                  (a)

                  (b)

                  It shall be analysed in and on all listed commodities except cereals.

                  Fenazaquin

                  (c)

                  (a)

                  (b)

                  It shall be analysed in and on all listed commodities except cereals.

                  Fenbuconazole

                  (c)

                  (a)

                  (b)

                  Fenbutatin oxide

                  (c)

                  (a)

                  (b)

                  It shall only be analysed in and on apples, strawberries, peaches, tomatoes and wine in 2019; analysed in and on oranges and pears in 2020; in and on aubergines, grapefruits, sweet peppers and table grapes in 2021.

                  Fenhexamid

                  (c)

                  (a)

                  (b)

                  Fenitrothion

                  (c)

                  (a)

                  (b)

                  Fenoxycarb

                  (c)

                  (a)

                  (b)

                  Fenpropathrin

                  (c)

                  (a)

                  (b)

                  Fenpropidin

                  (c)

                  (a)

                  (b)

                  Fenpropimorph

                  (c)

                  (a)

                  (b)

                  Fenpyroximate

                  (c)

                  (a)

                  (b)

                  Fenthion

                  (c)

                  (a)

                  (b)

                  Fenvalerate

                  (c)

                  (a)

                  (b)

                  Fipronil

                  (c)

                  (a)

                  (b)

                  Flonicamid

                  (c)

                  (a)

                  (b)

                  It shall only be analysed in and on apples, peaches, spinaches, lettuces, tomatoes, oats and barley in 2019; in and on potatoes, pears, brown rice and rye in 2020; in and on aubergines, table grapes, grapefruits, melons, sweet peppers and wheat in 2021.

                  Fluazifop-P

                  (c)

                  (a)

                  (b)

                  It shall only be analysed in and on strawberries, head cabbages, lettuces, spinaches and tomatoes in 2019; in and on cauliflowers, dried beans, potatoes and carrots in 2020; in and on aubergines, broccoli, sweet peppers and wheat in 2021.

                  Flubendiamide

                  (c)

                  (a)

                  (b)

                  Fludioxonil

                  (c)

                  (a)

                  (b)

                  Flufenoxuron

                  (c)

                  (a)

                  (b)

                  Fluopicolide

                  (c)

                  (a)

                  (b)

                  Fluopyram

                  (c)

                  (a)

                  (b)

                  Fluquinconazole

                  (c)

                  (a)

                  (b)

                  Flusilazole

                  (c)

                  (a)

                  (b)

                  Flutriafol

                  (c)

                  (a)

                  (b)

                     Fluxapyroxad

                  (c)

                  (a)

                  (b)

                  Folpet

                  (c)

                  (a)

                  (b)

                  Formetanate

                  (c)

                  (a)

                  (b)

                  Fosthiazate

                  (c)

                  (a)

                  (b)

                  Glyphosate

                  (c)

                  (a)

                  (b)

                  Haloxyfop including haloxyfop-P

                  (c)

                  (a)

                  (b)

                  It shall only be analysed in and on strawberries and head cabbages in 2019; in and on dried beans in 2020; in and on broccoli, grapefruits, sweet peppers and wheat in 2021.

                  Hexaconazole

                  (c)

                  (a)

                  (b)

                  Hexythiazox

                  (c)

                  (a)

                  (b)

                  It shall be analysed for all listed commodities except cereals.

                  Imazalil

                  (c)

                  (a)

                  (b)

                  Imidacloprid

                  (c)

                  (a)

                  (b)

                  Indoxacarb

                  (c)

                  (a)

                  (b)

                  Iprodione

                  (c)

                  (a)

                  (b)

                  Iprovalicarb

                  (c)

                  (a)

                  (b)

                  Isocarbophos

                  (c)

                  (a)

                  (b)

                  Isoprothiolane

                  (a)

                  It shall only be analysed in and on brown rice in 2020. The substance is not to be analysed in or on any product in 2019 and 2021.

                  Kresoxim-methyl

                  (c)

                  (a)

                  (b)

                  Lambda-cyhalothrin

                  (c)

                  (a)

                  (b)

                  Linuron

                  (c)

                  (a)

                  (b)

                  Lufenuron

                  (c)

                  (a)

                  (b)

                  Malathion

                  (c)

                  (a)

                  (b)

                  Mandipropamid

                  (c)

                  (a)

                  (b)

                  Mepanipyrim

                  (c)

                  (a)

                  (b)

                  Mepiquat

                  (c)

                  (a)

                  (b)

                  It shall only be analysed in and on barley and oats in 2019; in and on pears, rye and brown rice in 2020; in and on cultivated fungi and wheat in 2021.

                  Metalaxyl and metalaxyl-M

                  (c)

                  (a)

                  (b)

                  Methamidophos

                  (c)

                  (a)

                  (b)

                  Methidathion

                  (c)

                  (a)

                  (b)

                  Methiocarb

                  (c)

                  (a)

                  (b)

                  Methomyl

                  (c)

                  (a)

                  (b)

                  Methoxyfenozide

                  (c)

                  (a)

                  (b)

                     Metrafenone

                  (c)

                  (a)

                  (b)

                  Monocrotophos

                  (c)

                  (a)

                  (b)

                  Myclobutanil

                  (c)

                  (a)

                  (b)

                  Oxadixyl

                  (c)

                  (a)

                  (b)

                  Oxamyl

                  (c)

                  (a)

                  (b)

                  Oxydemeton-methyl

                  (c)

                  (a)

                  (b)

                  Paclobutrazole

                  (c)

                  (a)

                  (b)

                  Parathion

                  (c)

                  (a)

                  (b)

                  Parathion methyl

                  (c)

                  (a)

                  (b)

                  Penconazole

                  (c)

                  (a)

                  (b)

                  Pencycuron

                  (c)

                  (a)

                  (b)

                  Pendimethalin

                  (c)

                  (a)

                  (b)

                  Permethrin

                  (c)

                  (a)

                  (b)

                  Phosmet

                  (c)

                  (a)

                  (b)

                  Pirimicarb

                  (c)

                  (a)

                  (b)

                  Pirimiphos-methyl

                  (c)

                  (a)

                  (b)

                  Procymidone

                  (c)

                  (a)

                  (b)

                  Profenofos

                  (c)

                  (a)

                  (b)

                  Propamocarb

                  (c)

                  (a)

                  (b)

                  It shall be only analysed in and on strawberries, head cabbages, spinaches, lettuces, tomatoes and barley in 2019; in and on carrots, cauliflowers, onions and potatoes in 2020; in and on table grapes, melons, aubergines, broccoli, sweet peppers and wheat in 2021.

                  Propargite

                  (c)

                  (a)

                  (b)

                  Propiconazole

                  (c)

                  (a)

                  (b)

                  Propyzamide

                  (c)

                  (a)

                  (b)

                  Prosulfocarb

                  (c)

                  (a)

                  (b)

                  Prothioconazole

                  (c)

                  (a)

                  (b)

                  It shall be only analysed in and head cabbages, lettuces, tomatoes, oats and barley in 2019; in and on carrots, onions, rye and brown rice in 2020; in and on sweet peppers and wheat in 2021.

                  Pymetrozine

                  (c)

                  (b)

                  It shall only be analysed in and on head cabbages, lettuces, strawberries, spinaches and tomatoes in 2019. The substance is not to be analysed in or on any product in 2020; in and on aubergines, melons and sweet peppers in 2021.

                  Pyraclostrobin

                  (c)

                  (a)

                  (b)

                  Pyridaben

                  (c)

                  (a)

                  (b)

                  Pyrimethanil

                  (c)

                  (a)

                  (b)

                  Pyriproxyfen

                  (c)

                  (a)

                  (b)

                  Quinoxyfen

                  (c)

                  (a)

                  (b)

                  Spinosad

                  (c)

                  (a)

                  (b)

                  Spirodiclofen

                  (c)

                  (a)

                  (b)

                  Spiromesifen

                  (c)

                  (a)

                  (b)

                  Spiroxamine

                  (c)

                  (a)

                  (b)

                     Spirotetramat

                  (c)

                  (a)

                  (b)

                  Tau-Fluvalinate

                  (c)

                  (a)

                  (b)

                  Tebuconazole

                  (c)

                  (a)

                  (b)

                  Tebufenozide

                  (c)

                  (a)

                  (b)

                  Tebufenpyrad

                  (c)

                  (a)

                  (b)

                  It shall be analysed in and on all listed commodities except cereals.

                  Teflubenzuron

                  (c)

                  (a)

                  (b)

                  Tefluthrin

                  (c)

                  (a)

                  (b)

                  Terbuthylazine

                  (c)

                  (a)

                  (b)

                  Tetraconazole

                  (c)

                  (a)

                  (b)

                  Tetradifon

                  (c)

                  (a)

                  (b)

                  It shall be analysed in and on all listed commodities except cereals.

                  Thiabendazole

                  (c)

                  (a)

                  (b)

                  Thiacloprid

                  (c)

                  (a)

                  (b)

                  Thiamethoxam

                  (c)

                  (a)

                  (b)

                  Thiophanate-methyl

                  (c)

                  (a)

                  (b)

                  Tolclofos-methyl

                  (c)

                  (a)

                  (b)

                  Triadimefon

                  (c)

                  (a)

                  (b)

                  Triadimenol

                  (c)

                  (a)

                  (b)

                  Thiodicarb

                  (c)

                  (a)

                  (b)

                  Triazophos

                  (c)

                  (a)

                  (b)

                  Trifloxystrobin

                  (c)

                  (a)

                  (b)

                  Triflumuron

                  (c)

                  (a)

                  (b)

                  Vinclozolin

                  (c)

                  (a)

                  (b)

         Part D: Pesticide/product combinations to be monitored in/on products of animal origin

                     2019

                     2020

                     2021

                     Remarks

                  Aldrin and dieldrin

                  (e)

                  (f)

                  (d)

                  Bifenthrin

                  (e)

                  (f)

                  (d)

                  Chlordane

                  (e)

                  (f)

                  (d)

                  Chlorpyrifos

                  (e)

                  (f)

                  (d)

                  Chlorpyrifos-methyl

                  (e)

                  (f)

                  (d)

                  Cypermethrin

                  (e)

                  (f)

                  (d)

                  DDT

                  (e)

                  (f)

                  (d)

                  Deltamethrin

                  (e)

                  (f)

                  (d)

                  Diazinon

                  (e)

                  (f)

                  (d)

                  Endosulfan

                  (e)

                  (f)

                  (d)

                  Famoxadone

                  (e)

                  (f)

                  (d)

                  Fenvalerate

                  (e)

                  (f)

                  (d)

                     Fipronil

                  (e)

                  (f)

                  (d)

                     Glyphosate

                  (e)

                  (f)

                  (d)

                  Heptachlor

                  (e)

                  (f)

                  (d)

                  Hexachlorobenzene

                  (e)

                  (f)

                  (d)

                  Hexachlorcyclohexan (HCH, Alpha-Isomer)

                  (e)

                  (f)

                  (d)

                  Hexachlorcyclohexan (HCH, Beta-Isomer)

                  (e)

                  (f)

                  (d)

                  Indoxacarb

                  (e)

                  It shall only be analysed in and on milk in 2019.

                  Lindane

                  (e)

                  (f)

                  (d)

                  Methoxychlor

                  (e)

                  (f)

                  (d)

                  Parathion

                  (e)

                  (f)

                  (d)

                  Permethrin

                  (e)

                  (f)

                  (d)

                  Pirimiphos-methyl

                  (e)

                  (f)

                  (d)

                  (1)

                  For the raw commodities to be analysed, the parts of the products to which MRLs apply shall be analysed for the main product of the group or subgroup as listed in part A of Annex I to Regulation (EC) No 396/2005 unless stated otherwise.

                  (2)

                  Unprocessed products shall be analysed. In case of frozen products, a processing factor shall be reported, if applicable. If no specific processing factor is available, then a default factor of 1 may be applied.

                  (3)

                  If no sufficient samples of oat grains are available, the part of the required sample number for oat grains that could not be taken, can be added to the sample number for barley grains, resulting in a reduced sample number for oat grains and a proportionately increased sample number for barley grains.

                  (4)

                  If no sufficient samples of rye, wheat, oat or barley grains are available, also rye, wheat, oat or barley whole grain flour can be analysed and a processing factor shall be reported. If no specific processing factors are available, a default factor of 1 may be applied.

                  (5)

                  If no sufficient samples of barley grains are available, the part of the required sample number for barley grains that could not be taken, can be added to the sample number for oat grains, resulting in a reduced sample number for barley grains and a proportionately increased sample number for oat grains.

                  (6)

                  Where appropriate, also polished rice grain can be analysed. It shall be reported to EFSA whether polished or husked rice was analysed. If polished rice was analysed, a processing factor shall be reported. If no specific processing factors are available, a default factor of 0,5 may be applied.

                  (7)

                  Fresh (unprocessed) milk shall be analysed, including frozen, pasteurised, heated, sterilised or filtrated milk.

                  (8)

                  Whole eggs without the shell shall be analysed.

      ANNEX II

         Number of samples referred to in Article 1

                  (1)

                  The number of samples to be taken for each commodity and analysed for the pesticides listed in Annex I by each Member State is set out in the table in point 5.

                  (2)

                  In addition to the samples required in accordance with the table in point 5, in 2019 each Member State shall take and analyse 10 samples of foods for infants and young children other than infant formulae, follow-on formulae and processed cereal-based baby food.
                  In addition to the samples required in accordance with that table, in 2020 each Member State shall take and analyse five samples of infant formulae and five samples of follow-on formulae.
                  In addition to the samples required in accordance with that table, in 2021 each Member State shall take and analyse 10 samples of processed cereal-based baby food.

                  (3)

                  In accordance with the table in point 5, samples from commodities originating from organic farming shall, where available, be taken in proportion to the market share of those commodities in each Member State, with a minimum of 1.

                  (4)

                  Member States using multi-residue methods may use qualitative screening methods on up to 15 % of the samples to be taken and analysed in accordance with the table in point 5. Where a Member State uses qualitative screening methods, it shall analyse the remaining number of samples by quantitative multi-residue methods.
                  Where the results of qualitative screening are positive, Member States shall use a usual target method to quantify the findings.

                  (5)

                  Minimum number of samples per Member State per commodity:

                                 Member State

                                 Samples

                                 Member State

                                 Samples

                                 BE

                                 12

                                 LU

                                 12

                                 BG

                                 12

                                 HU

                                 12

                                 CZ

                                 12

                                 MT

                                 12

                                 DK

                                 12

                                 NL

                                 18

                                 DE

                                 97

                                 AT

                                 12

                                 EE

                                 12

                                 PL

                                 47

                                 EL

                                 12

                                 PT

                                 12

                                 ES

                                 50

                                 RO

                                 20

                                 FR

                                 71

                                 SI

                                 12

                                 IE

                                 12

                                 SK

                                 12

                                 IT

                                 69

                                 FI

                                 12

                                 CY

                                 12

                                 SE

                                 12

                                 LV

                                 12

                                 UK

                                 71

                                 LT

                                 12

                                 HR

                                 12

                                 TOTAL NUMBER OF SAMPLES: 683


title: Commission Implementing Regulation (EU) 2018/553 of 3 April 2018 concerning the classification of certain goods in the Combined Nomenclature

text:
                  10.4.2018

                  EN

                  Official Journal of the European Union

                  L 92/1

            COMMISSION IMPLEMENTING REGULATION (EU) 2018/553
      of 3 April 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, 3 April 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)

                     An article comprised of two tubes held by brackets, with a total length of approximately 150 cm and a diameter of each tube of approximately 0,8 cm. The tubes are welded and made of an aluminium alloy.
                     The article is designed to be used in motor vehicles to convey the cooling liquid from the engine to the heat exchanger under the dashboard of the vehicle.
                     See image (*1).

                     7608 20 20

                     Classification is determined by general rules 1 and 6 for the interpretation of the Combined Nomenclature and by the wording of CN codes 7608 , 7608 20  and 7608 20 20 .
                     Classification under CN code 8415 90 00  as parts of air-conditioning machines, under CN code 8419 90 85  as other parts of machinery for the treatment of materials by a process involving a change of temperature or under CN code 8708 91 99  as parts of radiators of motor vehicles is excluded, because, on the basis of its objective characteristics the article is not identifiable as being solely or principally suitable for use with such articles (see note 2 (b) to Section XVI and note 3 to Section XVII).
                     The article is therefore to be classified under CN code 7608 20 20  as aluminium tubes and pipes, of welded aluminium alloys.

            (*1)  The image is purely for information.


title: Commission Implementing Regulation (EU) 2018/991 of 12 July 2018 authorising the placing on the market of hen egg white lysozyme hydrolysate as a novel food under Regulation (EU) 2015/2283 of the European Parliament and of the Council, and amending Commission Implementing Regulation (EU) 2017/2470 (Text with EEA relevance.)

text:
               13.7.2018

               EN

               Official Journal of the European Union

               L 177/9

         COMMISSION IMPLEMENTING REGULATION (EU) 2018/991
   of 12 July 2018
   authorising the placing on the market of hen egg white lysozyme hydrolysate as a novel food under Regulation (EU) 2015/2283 of the European Parliament and of the Council, and amending Commission Implementing Regulation (EU) 2017/2470
   (Text with EEA relevance)
   THE EUROPEAN COMMISSION,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to Regulation (EU) 2015/2283 of the European Parliament and of the Council of 25 November 2015 on novel foods, amending Regulation (EU) No 1169/2011 of the European Parliament and of the Council and repealing Regulation (EC) No 258/97 and Commission Regulation (EC) No 1852/2001 (1), and in particular Article 12 thereof,
   Whereas:

               (1)

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

               (2)

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

               (3)

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

               (4)

               On 31 August 2016, the company DSM Nutritional Products Ltd, United Kingdom, made a request to the competent authority of Ireland to place hen egg white lysozyme hydrolysate on the Union market as a novel food within the meaning of point (e) of Article 1(2) of Regulation (EC) No 258/97 of the European Parliament and of the Council (3). The application requests for hen egg white lysozyme hydrolysate to be used in food supplements and other food categories, in particular, in non-alcoholic beverages.

               (5)

               Pursuant to Article 35(1) of Regulation (EU) 2015/2283, any request for placing a novel food on the market within the Union submitted to a Member State in accordance with Article 4 of Regulation (EC) No 258/97 and for which the final decision has not been taken before 1 January 2018, shall be treated as an application submitted under Regulation (EU) 2015/2283.

               (6)

               While the request for placing hen egg white lysozyme hydrolysate on the market as a novel food within the Union was submitted to a Member State in accordance with Article 4 of Regulation (EC) No 258/97, the application also meets the requirements laid down in Regulation (EU) 2015/2283.

               (7)

               On 12 May 2017, the competent authority of Ireland issued its initial assessment report. In that report it came to the conclusion that hen egg white lysozyme hydrolysate meets the criteria for novel food set out in Article 3(1) of Regulation (EC) No 258/97.

               (8)

               On 31 May 2017, the Commission forwarded the initial assessment report to the other Member States. Reasoned objections were raised by the other Member States within the 60-day period laid down in the first subparagraph of Article 6(4) of Regulation (EC) No 258/97 with regard to insufficient information on intended uses and exposure assessment, toxicological data, product specification and production process.

               (9)

               In view of the objections raised by the other Member States, in particular the insufficient exposure assessment on the potential combined intake from all possible proposed uses the applicant modified the request with regard to the food categories by limiting the use of the novel food only to food supplements. The changes in the proposed uses of the novel food and additional explanations by the applicant alleviated the concerns regarding compliance with Article 7 of Regulation (EU) 2015/2283 to the satisfaction of the Member States and the Commission.

               (10)

               Those explanations give sufficient grounds to establish that hen egg white lysozyme hydrolysate in the proposed uses and use levels when used as an ingredient in food supplements, complies with Article 12(1) of Regulation (EU) 2015/2283.

               (11)

               Directive 2002/46/EC of the European Parliament and of the Council (4) lays down requirements on food supplements. The use of hen egg white lysozyme hydrolysate should be authorised without prejudice to that Directive.

               (12)

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

         HAS ADOPTED THIS REGULATION:
   Article 1
   1.   Hen egg white lysozyme hydrolysate as specified in the Annex to this Regulation shall be included in the Union list of authorised novel foods as provided for in Article 8 of Regulation (EU) 2015/2283.
   2.   The entry in the Union list referred to in the first paragraph shall include the conditions of use and labelling requirements laid down in the Annex to this Regulation.
   3.   The authorisation provided for in this Article shall be without prejudice to the provisions of Directive 2002/46/EC.
   Article 2
   The Annex to Implementing Regulation (EU) 2017/2470 is amended in accordance with the Annex to this Regulation.
   Article 3
   This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.

      This Regulation shall be binding in its entirety and directly applicable in all Member States.
      Done at Brussels, 12 July 2018.

            For the Commission

            The President

         Jean-Claude JUNCKER

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

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

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

      (4)  Directive 2002/46/EC of the European Parliament and of the Council of 10 June 2002 on the approximation of the laws of the Member States relating to food supplements (OJ L 183, 12.7.2002, p. 51).

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

                  (1)

                  The following entry is inserted in Table 1 (Authorised novel foods) in alphabetical order:

                              ‘Authorised novel food

                              Conditions under which the novel food may be used

                              Additional specific labelling requirements

                              Other requirements

                                 Hen egg white lysozyme hydrolysate

                                 Specified food category

                                 Maximum levels

                              The designation of the novel food on the labelling of food supplements containing it shall be “Hen egg white lysozyme hydrolysate”.’

                              Food supplements as defined in Directive 2002/46/EC (1) intended for adult population

                              1 000  mg/day

                  (2)

                  The following entry is inserted in Table 2 (Specifications) in alphabetical order:

                              ‘Authorised Novel Food

                              Specification

                                 Hen egg white lysozyme hydrolysate

                                 Description/Definition:

                              Hen egg white lysozyme hydrolysate is obtained from hen egg white lysozyme by an enzymatic process, using subtilisin from Bacillus licheniformis.
                              The product is a white to light yellow powder.

                                 Specification:

                              Protein (TN (*) × 5,30): 80-90 %
                              Tryptophan: 5-7 %
                              Ratio Tryptophan/LNAA (**): 0,18-0,25
                              Degree of hydrolysis: 19-25 %
                              Moisture: < 5 %
                              Ash: < 10 %
                              Sodium: < 6 %

                                 Heavy metals:

                              Arsenic: < 1 ppm
                              Lead: < 1 ppm
                              Cadmium: < 0,5 ppm
                              Mercury: < 0,1 ppm

                                 Microbiological criteria:

                              Total aerobic count: < 103 CFU/g
                              Total combined yeasts/moulds count: < 102 CFU/g
                              Enterobacteria: < 10 CFU/g

                                 Salmonella spp: Absence in 25 g

                                 Escherichia coli: Absence in 10 g

                                 Staphylococcus aureus: Absence in 10 g

                                 Pseudomonas aeruginosa: Absence in 10 g

                                          (*)

                                          TN: total nitrogen

                                          (**)

                                          LNAA: large neutral amino acids’

         (1)  Directive 2002/46/EC of the European Parliament and of the Council of 10 June 2002 on the approximation of the laws of the Member States relating to food supplements (OJ L 183, 12.7.2002, p. 51).