title: Commission Implementing Regulation (EU) 2016/462 of 30 March 2016 amending Regulation (EC) No 324/2008 laying down revised procedures for conducting Commission inspections in the field of maritime security (Text with EEA relevance)

text:
                  31.3.2016

                  EN

                  Official Journal of the European Union

                  L 80/28

            COMMISSION IMPLEMENTING REGULATION (EU) 2016/462
      of 30 March 2016
      amending Regulation (EC) No 324/2008 laying down revised procedures for conducting Commission inspections in the field of maritime security
      (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 725/2004 of the European Parliament and of the Council of 31 March 2004 on enhancing ship and port facility security (1), and in particular Article 9(4) thereof,
      Whereas:

                  (1)

                  In order to monitor the application by Member States of Regulation (EC) No 725/2004 and Directive 2005/65/EC of the European Parliament and of the Council (2) the Commission should conduct inspections. The organisation of inspections under the supervision of the Commission is needed to verify the effectiveness of national quality control systems and maritime security measures, procedures and structures.

                  (2)

                  The Commission is assisted in the performance of the inspection tasks by the European Maritime Safety Agency established by Regulation (EC) No 1406/2002 of the European Parliament and of the Council (3). In the performance of the inspection tasks in the context of the European Economic Area (EEA) the Commission calls upon the assistance of national inspectors listed by European Free Trade Association (EFTA) States in accordance with Decision of the EEA Joint Committee No 116/2008 (4).

                  (3)

                  Commission Regulation (EC) No 324/2008 (5) establishes procedural rules for conducting Commission inspections in the field of maritime security in a transparent, effective, harmonised and consistent manner.

                  (4)

                  In the light of the experience gained since 2008, it is necessary to ensure that Commission inspections under Regulation (EC) No 324/2008 are conducted in a consistent manner in accordance with the set procedure, including a standard methodology. The measures to enhance the cooperation with the Member States and exercise of Commission powers should be efficient and transparent.

                  (5)

                  Definitions of the terms used in the context of the conduct of Commission inspections should be further developed. The revisions do not extend the scope of inspections beyond the existing remit.

                  (6)

                  The Commission and the Member States should work in cooperation together during the preparation and the conduct of the Commission inspections.

                  (7)

                  The Commission should have the possibility of including in its inspection teams qualified national inspectors made available by the Member States that meet the necessary qualification and training criteria.

                  (8)

                  To ensure a transparent and efficient conduct of Commission inspections the provisions should be clear and further developed, notably in the case of a ship inspection which concludes in a port of a Member State other than that of the port of embarkation. The issue of inspection of EU flagged ships at a location outside the European Union should be clarified to deal with the specific logistical constraints of such inspections.

                  (9)

                  Sensitive but non-classified information related to an inspection should be handled under strict security measures to guarantee its confidentiality and non-disclosure.

                  (10)

                  Regulation (EC) No 324/2008 should therefore be amended accordingly.

                  (11)

                  The measures provided for in this Regulation are in accordance with the opinion of the Committee established by Article 11(1) of Regulation (EC) No 725/2004,

            HAS ADOPTED THIS REGULATION:
      Article 1
      Amendments to Regulation (EC) No 324/2008
      Regulation (EC) No 324/2008 is amended as follows:

                  (1)

                  Article 2 is amended as follows:

                              (a)

                              points 1 and 2 are replaced by the following:

                                          ‘1.

                                          “Commission inspection” means an examination by Commission inspectors of Member States' national maritime security quality control systems, measures, procedures and structures, to determine compliance with Regulation (EC) No 725/2004 and implementation of Directive 2005/65/EC. It may include inspections of ports, port facilities, ships, competent authorities for maritime security or companies, as defined in Annex I to Regulation (EC) No 725/2004. It may also include inspections of recognised security organisations, as defined in Annex I to Regulation (EC) No 725/2004 and in Annex IV to Directive 2005/65/EC relative to recognised security organisations;

                                          2.

                                          “Commission inspector” means a person fulfilling the criteria set out in Article 7 employed by the Commission, or employed by the European Maritime Safety Agency, or a national inspector, mandated by the Commission to participate in Commission inspections, listed by the Member States or by the EFTA States;’;

                              (b)

                              point 11 is replaced by the following:

                                          ‘11.

                                          “port” means the area within the boundaries defined by Member States under Article 2(3) of Directive 2005/65/EC and notified to the Commission under Article 12 thereof;’;

                              (c)

                              the following points 12, 13, 14, 15, 16 and 17 are added:

                                          ‘12.

                                          “provisional corrective measure” means a temporary measure or range of measures aimed at limiting to the maximum extent practicable the impact of a major non-conformity or a non-conformity identified during the conduct of an inspection before full correction can take place;

                                          13.

                                          “classified information” means identified or identifiable information obtained during the conduct of inspection activities, disclosure of which may lead to a breach of security, classified in accordance with the provisions of Commission Decision (EU, Euratom) 2015/444 (*) or in accordance with relevant national legislation of the Member States;

                                          14.

                                          “sensitive but non-classified information” means inspection related material or information obtained during the conduct of inspection activities, disclosure of which may lead to a breach of security and which can only be shared on a need-to-know basis;

                                          15.

                                          “not confirmed” means a finding made during a Commission inspection which indicates non-fulfilment of Regulation (EC) No 725/2004 or Directive 2005/65/EC but is not substantiated by objective evidence;

                                          16.

                                          “Committee” means the Committee established by Article 11(1) of Regulation (EC) No 725/2004;

                                          17.

                                          “representative of a flag State” means a member of the competent authorities of the Member State whose flag the ship is flying or, if nominated by that Member State, a representative of a recognised security organisation.

                                 (*)  Commission Decision (EU, Euratom) 2015/444 of 13 March 2015 on the security rules for protecting EU classified information (OJ L 72, 17.3.2015, p. 53).’;"

                  (2)

                  Article 3 is replaced by the following:
                  ‘Article 3
                  Cooperation of Member States
                  1.   Without prejudice to Commission responsibilities, Member States shall cooperate with the Commission in the accomplishment of its inspection tasks. This cooperation shall be effective during the preparatory, monitoring and reporting phases.
                  2.   Member States shall take all necessary steps to ensure that notification of an inspection:

                              (a)

                              is kept under strict measures of security to guarantee its non-disclosure in order not to compromise the inspection process; and

                              (b)

                              is communicated to relevant parties on a need-to-know basis.’;

                  (3)

                  in Article 4, paragraph 2 is replaced by the following:
                  ‘2.   Each Member State shall ensure that, upon request, Commission inspectors have timely access to relevant security documentation necessary for the performance of the inspection duties, and in particular to:

                              (a)

                              the national programme for the implementation of Regulation (EC) No 725/2004 referred to in Article 9(3) of that Regulation;

                              (b)

                              the most recent updates of data supplied by the focal point and monitoring reports referred to in Article 9(4) of Regulation (EC) No 725/2004;

                              (c)

                              the outcome of the Member State's monitoring of the implementation of port security plans;

                              (d)

                              relevant ship, port and port facility security assessments, and relevant ship, port and port facility security plans, records of training drills and exercises for ship and port and port facility while Commission is conducting inspections;

                              (e)

                              notifications by the Member States of the decisions referred to in Article 3(3) of Regulation (EC) No 725/2004 taken after the mandatory security risk assessment;

                              (f)

                              any guideline, instruction or procedure, issued by the Member State for the implementation of Regulation (EC) No 725/2004 and Directive 2005/65/EC.’;

                  (4)

                  Article 5 is amended as follows:

                              (a)

                              paragraph 1 is replaced by the following:
                              ‘1.   In agreement with the Commission, as far as practicable, Member States shall make available national inspectors able to participate in Commission inspections, including the related preparatory and reporting phases.’;

                              (b)

                              paragraph 5 is replaced by the following:
                              ‘5.   Requests for national inspectors to participate in Commission inspections shall be communicated in good time, normally at least 2 months before the inspection is due to take place.’;

                  (5)

                  Article 6 is replaced by the following:
                  ‘Article 6
                  Technical assistance from the European Maritime Safety Agency in Commission inspections
                  In providing the Commission with technical assistance pursuant to Article 2(2)(b) of Regulation (EC) No 1406/2002, the European Maritime Safety Agency shall make technical experts available to participate in Commission inspections, including the related preparatory and reporting phases.’;

                  (6)

                  Article 7 is amended as follows:

                              (a)

                              paragraph 1 is amended as follows:

                                          (i)

                                          point (b) is replaced by the following:

                                                      ‘(b)

                                                      a good working knowledge of security technologies and techniques,’;

                                          (ii)

                                          point (d) is replaced by the following:

                                                      ‘(d)

                                                      a working knowledge of the operations being examined;’;

                                          (iii)

                                          the following points (e) and (f) are added:

                                                      ‘(e)

                                                      an awareness of health, safety and security requirements for working in a maritime environment;

                                                      (f)

                                                      a knowledge of the main legal requirements applicable in the field of maritime security.’;

                              (b)

                              in paragraph 2, the first subparagraph is replaced by the following:
                              ‘In order to qualify for Commission inspections, Commission inspectors shall have successfully completed training to carry out such inspections. Commission inspectors shall periodically undergo training at least every 5 years in order to update their knowledge.’;

                              (c)

                              the following paragraph 4 is added:
                              ‘4.   If during a previous inspection, the behaviour or performance of an inspector fails to meet the requirements of this Regulation, that inspector shall not be nominated anymore for Commission inspection tasks.’;

                  (7)

                  Article 8 is amended as follows:

                              (a)

                              paragraph 1 is replaced by the following:
                              ‘1.   The Commission shall give at least 6 weeks' notice of an inspection to the focal point of the Member State in whose territory it is to be conducted.
                              Commission may communicate to the focal point, in parallel to the notice of the inspection, a pre-inspection questionnaire for completion by the competent authority, along with a request for any relevant documentation. The completed questionnaire and any requested documentation shall be submitted to the Commission at least 2 weeks before the inspection is scheduled to begin.
                              The notice period provided for in the first subparagraph may be reduced to not less than 2 weeks provided that the Commission acts in response to an exceptional event which may have significant impact on the overall level of maritime security in the European Union and that the Commission consulted the focal point concerned prior to giving the notice. In that case the second subparagraph shall not apply.’;

                              (b)

                              paragraph 5 is replaced by the following:
                              ‘5.   Where the flag State is a Member State, the Commission shall give notice as soon as possible to the focal point of that Member State that the ship may be inspected when at the port facility. If an inspection is to cover a ship flying the flag of a Member State other than that of the authority being inspected, the Commission shall inform the focal point of the flag State so that the necessary practical arrangements can be made for conducting the inspection on board that ship.’;

                              (c)

                              paragraph 9 is replaced by the following:
                              ‘9.   When the Commission attends a national inspection or verification of a ship at a location outside the European Union, the Commission shall make the necessary arrangements with the focal point in order to follow inspections or verifications with the representative of the flag.’;

                  (8)

                  Article 10 is amended as follows:

                              (a)

                              paragraphs 1 and 2 are replaced by the following:
                              ‘1.   A standard methodology shall be used to monitor the application by Member States of the maritime security requirements laid down in Regulation (EC) No 725/2004 and in Directive 2005/65/EC.
                              2.   Commission inspectors, when carrying out inspection activities, shall be accompanied at all times by a representative of the relevant competent authority. That representative shall not prejudice the efficiency or effectiveness of the inspection activities.
                              The inspections shall be carried out in a way which impedes as little as possible the fluidity of the commercial operations. In order to achieve this, whenever appropriate and with the prior agreement of the flag State and of the master of the ship, an inspection of a ship that has commenced in port may continue after the ship has left port.
                              If a ship subject to an inspection is serving international scheduled services between two or more Member States, the inspection may also relate to the operations of embarkation and disembarkation applied to passengers and vehicles at each end of the voyage. In such a case, the Commission shall notify the Member State's focal point of the port of arrival in accordance with Article 8(1).’;

                              (b)

                              paragraph 6 is replaced by the following:
                              ‘6.   Without prejudice to Article 11, the Commission inspectors shall, wherever appropriate and practicable, deliver an informal oral summary of their observations on the spot.
                              The relevant focal point shall be informed promptly of any major non-conformity with Regulation (EC) No 725/2004 or Directive 2005/65/EC identified by a Commission inspection, prior to completion of an inspection report in accordance with Article 11 of this Regulation.
                              However, in cases where a Commission inspector carrying out the inspection of a ship finds a major non-conformity requiring action under Article 16, the Team Leader shall inform immediately in writing the relevant focal points.’;

                              (c)

                              the following paragraph 7 is added:
                              ‘7.   Commission inspectors shall conduct inspections in an efficient and effective manner, with due regard to safety and security.’;

                  (9)

                  in Article 11, paragraphs 4 and 5 are replaced by the following:
                  ‘4.   When assessing the implementation of Regulation (EC) No 725/2004 and Directive 2005/65/EC in accordance with this Regulation, the findings shall be classified in one of the following categories:

                              (a)

                              in conformity;

                              (b)

                              in conformity, but improvement desirable;

                              (c)

                              non-conformity;

                              (d)

                              major non-conformity;

                              (e)

                              not confirmed.

                        5.   The report shall detail the findings of the inspection identified as “major non-conformity”, “non-conformity”, “in conformity, but improvement desirable” and “not confirmed” in the implementation of Regulation (EC) No 725/2004 or Directive 2005/65/EC in accordance with the present Regulation.
                  The report may contain recommendations for corrective action.’;

                  (10)

                  in Article 12, the following paragraph 3 is added:
                  ‘3.   When a Member State proposes immediate corrective measures to address a major non-conformity found, it shall promptly notify the Commission about them before the Commission issues its inspection report. In such case, the report shall quote the corrective actions taken by the Member State. If only provisional measures are taken, the Member State shall promptly notify the Commission and shall also inform about the deadline for implementation of the complete and final corrective actions.’;

                  (11)

                  Articles 14 and 15 are replaced by the following:
                  ‘Article 14
                  Confidentiality of information
                  In accordance with existing rules applicable, when conducting inspections in the field of maritime security, the Commission shall take the appropriate measures to protect classified information to which it has access or which is communicated to it by Member States. Member States shall take equivalent measures in accordance with their relevant national legislations.
                  Sensitive but non-classified information may be exchanged between Member States and the Commission, provided that they protect that information in accordance with the requirements applicable to guarantee its confidentiality.
                  Article 15
                  Commission inspection programme
                  1.   The Commission shall seek advice from the Committee on the priorities for the implementation of its inspection programme.
                  2.   The Commission shall regularly inform the Committee about the implementation of the inspection programme and the results of the inspections. The Commission shall share good practices observed during the inspections with the Member States.
                  Inspection reports shall normally be made available to the Committee:

                              (a)

                              as soon as the Member State's response under Article 12(1) has been received; and

                              (b)

                              when the file is closed.’;

                  (12)

                  in Article 16, the first paragraph is replaced by the following:
                  ‘If an inspection discloses a major non-conformity with Regulation (EC) No 725/2004 or Directive 2005/65/EC which is deemed to have a significant impact on the overall level of maritime security in the Union and that cannot be immediately addressed at least by corrective measures of a provisional nature, the Commission shall inform the other Member States after having notified that major non-conformity to the Member State concerned.’.

            Article 2
      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.

         This Regulation shall be binding in its entirety and directly applicable in all Member States.
         Done at Brussels, 30 March 2016.

               For the Commission

               The President

            Jean-Claude JUNCKER

         (1)  OJ L 129, 29.4.2004, p. 6.

         (2)  Directive 2005/65/EC of the European Parliament and of the Council of 26 October 2005 on enhancing port security (OJ L 310, 25.11.2005, p. 28).

         (3)  Regulation (EC) No 1406/2002 of the European Parliament and of the Council of 27 June 2002 establishing a European Maritime Safety Agency (OJ L 208, 5.8.2002, p. 1).

         (4)  Decision of the EEA Joint Committee No 116/2008 of 7 November 2008 amending Annex XIII (Transport) to the EEA Agreement states (OJ L 339, 18.12.2008, p. 106).

         (5)  Commission Regulation (EC) No 324/2008 of 9 April 2008 laying down revised procedures for conducting Commission inspections in the field of maritime security (OJ L 98, 10.4.2008, p. 5).


title: Commission Implementing Regulation (EU) No 1144/2013 of 13 November 2013 entering a name in the register of traditional specialities guaranteed [Tepertős pogácsa (TSG)]

text:
               14.11.2013

               EN

               Official Journal of the European Union

               L 303/17

         COMMISSION IMPLEMENTING REGULATION (EU) No 1144/2013
   of 13 November 2013
   entering a name in the register of traditional specialities guaranteed [Tepertős pogácsa (TSG)]
   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)

               Regulation (EU) No 1151/2012 repealed and replaced Council Regulation (EC) No 509/2006 of 20 March 2006 on agricultural products and foodstuffs as traditional specialities guaranteed (2).

               (2)

               Pursuant to Article 8(2) of Regulation (EC) No 509/2006, Hungary’s application to register the name ‘Tepertős pogácsa’ was published in the Official Journal of the European Union
                   (3).

               (3)

               Germany and Austria notified statements of objection to the Commission in accordance with Article 9 of Regulation (EC) No 509/2006. In accordance with paragraph 3 of that Article, the Commission examined the statements of objection and found them to be admissible.

               (4)

               Hungary has indicated that agreement has been reached with Germany and Austria.

               (5)

               As regards Germany, that agreement has resulted in the registration application being amended by deleting the references to the required flour quality parameters (BL55 and BL80).

               (6)

               For its part, Austria has accepted Hungary’s confirmation that the purpose of the registration application is to protect only the Hungarian name ‘Tepertős pogácsa’ as a traditional speciality guaranteed and that the application to register the Hungarian name ‘Tepertős pogácsa’ has no detrimental effect on products bearing the name ‘Grammelpogatsche’ and will not compromise the manufacture of the product marketed under the name ‘Grammelpogatsche’.

               (7)

               In the light of this information, the name ‘Tepertős pogácsa’ should be entered in the register of traditional specialities guaranteed and the specification should therefore be updated and published,

         HAS ADOPTED THIS REGULATION:
   Article 1
   The name contained in the Annex I to this Regulation is hereby entered in the register.
   Article 2
   The updated specification is contained in Annex II 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, 13 November 2013.

            For the Commission

            The President

         José Manuel BARROSO

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

      (2)  OJ L 93, 31.3.2006, p. 1.

      (3)  OJ C 180, 21.6.2012, p. 16.

      ANNEX I
      Agricultural products and foodstuffs listed in Annex I, point II, to Regulation (EU) No 1151/2012:

         Class 2.3.   Confectionery, bread, pastry, cakes, biscuits and other baker’s wares

      HUNGARY
      Tepertős pogácsa (TSG)

      ANNEX II
      1.   Product specification

      1.1.   Name to be registered

      ‘Tepertős pogácsa’
      When the product is placed on the market, the label may contain the following information: ‘magyar hagyományok szerint előállított’ (produced in accordance with Hungarian traditions). The information shall also be translated into other official languages.
      1.2.   Whether the name

                  

                  is specific in itself

                  ☒

                  expresses the specific character of the agricultural product or foodstuff

            The adjective ‘tepertős’ in the product name describes the ‘tepertő’ (pork crackling) that remains after fat bacon has been fried, which, following chopping, provides in creamy form the characteristic basic material of the ‘round savoury bakery product’ (pogácsa).
      1.3.   Whether reservation of the name is sought under Article 13(2) of Regulation (EC) No 509/2006

                  

                  Registration with reservation of the name

                  ☒

                  Registration without reservation of the name

            1.4.   Type of product

                  Class 2.3.

                  Confectionery, bread, pastry, cakes, biscuits and other baker’s wares

            1.5.   Description of the agricultural product or foodstuff to which the name under point 3.1 applies

      ‘Tepertős pogácsa’ is a round, cylindrically shaped savoury bakery product seasoned with salt and pepper, with a diameter of 3-5 cm and weight of 25-50 g. It contains chopped pork crackling and pig fat, is leavened with yeast and its texture may be short (omlós) or flaky (leveles). The surface is reddish brown and scored into squares. The underside is smooth and reddish brown. Inside, the pieces of pork crackling are evenly distributed. The short variety may be broken into pieces, while the flaky variety has a loose, multi-layered structure. It has the characteristic taste of the fried products used in the pork crackling and is pleasantly salty and mildly peppered. The product contains 20-30 % fat in relation to the weight of the dry matter and 25-40 % pork crackling in relation to the weight of flour. At least 60 % of the fat content comes from the pork crackling.
      Organoleptic characteristics:

                  Short ‘tepertős pogácsa’

                  Flaky ‘tepertős pogácsa’

                  Shape

                  Round, evenly cylindrical.

                  Round cylindrical, may ‘tilt’ slightly.

                  Crust

                  The top is shiny, reddish brown and deeply scored with squares. The sides are sand coloured and mat and the bottom is reddish brown and mat.

                  Internal structure

                  Clearly short texture but not crumbly. The crackling pieces are evenly distributed and are slightly brown in colour.

                  Slightly flaky texture, made up of different layers between which the crackling can be seen, slightly brown in colour.

                  Taste

                  Characteristic of the crackling, it has a pleasantly salty, mildly peppery taste.

                  Aroma

                  Characteristic of the crackling and the pig fat; peppery.

            Physical and chemical characteristics
      Fat content: the fat content of the finished product calculated in relation to the weight of the dry matter is 20-30 % (m/m)
      Salt content: the salt content of the finished product calculated in relation to the weight of the dry matter is at most 4,0 % (m/m)
      1.6.   Description of the production method of the agricultural product or foodstuff to which the name under point 3.1 applies

      Starting materials:

                  —

                  For the crackling cream:

                              —

                              Pork crackling without the skin: 70-75 % of the crackling cream is made up of the fried pieces of lard remaining after the fat bacon with little or no meat has been fried;

                              —

                              Pig fat: 25-30 % of the crackling cream is made up of the fat obtained while the fat bacon with little or no meat is in the process of being fried;

                  —

                  Preparation of the dough: wheat flour or spelt flour, egg, egg yolk, milk, yeast, white wine or vinegar, cream, salt and pepper.

            It is forbidden to use any kind of food additives (e.g. raising agents or preservatives) to prepare ‘Tepertős pogácsa’.
      Method of production:
      Depending on the method used to prepare the dough, the ‘Tepertős pogácsa’ may have a short or flaky texture.
      Production of short ‘TEPERTŐS POGÁCSA’
      First stage: preparation of the crackling cream
      The fresh, skinless crackling is crushed with a rolling-pin on a board until the coarsest and most irregular pieces have been flattened and the fried pieces are evenly distributed in the cream. They may also be minced with a mincer. In that case, the disk with the smallest perforations should be used.
      The cream and the pig fat are mixed with a wooden spoon or mixer. An important requirement is that no additives, preservatives, goose crackling, vegetable fat or margarine may be used to prepare the crackling cream; only fresh, skinless crackling is allowed.
      Crackling cream produced industrially must also meet the requirements for making crackling cream.
      Second stage: preparation of the dough
      250-400 g of crackling cream is rubbed into each kilogram of wheat flour to form an even mixture. In order to obtain a short consistency it is essential to cover the flour particles with the cream. All the ingredients, i.e. the flour mixed with the crackling cream and, for each kilogram of flour, 5 % of yeast activated in milk, 1 egg, 1 egg yolk, 0,02 % of white wine or vinegar, 2,5 % of salt, 0,001 % of ground pepper and enough cream to obtain a fairly firm dough, are kneaded together. Kneading is continued until the dough binds together. The required short consistency will not be achieved if the dough is over-kneaded.
      Because of the product’s high fat content, the dough should be prepared from cold ingredients and left to rest in a cool place until its core temperature reaches 26 °C. Given the nature of the product, the dough may be placed in a refrigerator at a temperature of + 5–8 °C and left to rest for at least 3 hours.
      The risen and cooled dough must then be rolled out into a finger-thick layer and the top scored with deep perpendicular lines. This may also be done with knives assembled together at a distance of about 3 mm from each other. The cutting out is generally done with a dough cutter 3-6 cm in diameter, while making sure that the shapes are regular and remain as cylindrical as possible. The final shaping is done by rolling the dough with the palm of the hand. The scones needed to fill the baking tray are placed close to each other on the pastry board and then coated with beaten egg using a brush, care being taken not to let the egg run down the sides of the cylinders. When the egg has slightly dried on the surface the scones are placed, evenly spaced, on the baking tray. The pieces of dough left over may be gathered together and kneaded at most twice, without handling them too much, and after being left to rest they may be shaped again.
      After the scones have been placed on the baking tray they are left to rise for 50-55 minutes, then baked in a hot oven at 220–240 °C for 12-15 minutes. Then they are ready.
      The products are sold without packaging (loose) or pre-packed.
      Production of flaky ‘TEPERTŐS POGÁCSA’
      First stage: preparation of the crackling cream
      The preparation of the crackling cream is similar to that for the short variety, the only difference being that, in addition to the fat and skinless pork crackling, salt (about 1,5 % in relation to the weight of the flour) and finely ground pepper (about 0,001 % in relation to the weight of the flour) are also used. Salt is used at this stage because, if the amount of salt necessary for the characteristically salty taste of the scones were added only when preparing the dough, the dough would tear and not enable the flaky texture to be obtained.
      50 %, i.e. half, of the quantity of fat appropriate for the preparation of the crackling cream is used and the other half is set aside for the dough.
      Second stage: preparation of the dough
      The ‘basic dough’ is prepared with flour, the fat set aside when the crackling cream is prepared, and salt (approximately 1 % in relation to the weight of the flour), as well as, per kilogram of flour, 5 % of yeast activated in milk, 0,02 % of white wine or vinegar and, possibly, 1 egg, 1 egg yolk and enough cream to obtain a fairly supple dough which is firm and easily malleable.
      Keeping the ingredients and the crackling cream at a low temperature is important for this variety so that the crackling cream can separate the dough layers when the flaky structure is prepared. The fat between the thin layers of cold dough melts during baking and prevents the dough layers from sticking. In the meantime, the water in the dough and the fat turns into steam, softening and separating the layers of dough, a process by which the product being baked separates into leaves.
      The flaky structure may be achieved in two ways:

                  (a)

                  The crackling cream is spread evenly on the thin layers of dough, then the dough is rolled up starting from one end. This roll is left to rest for 15-30 minutes, then the dough is rolled back out into a thin layer and rolled up again at 90 degrees to the previous rolling. If this process is not carried out, the scones will collapse during baking.

                  (b)

                  The rested basic dough is rolled out into a thin layer and the crackling mixture is spread on its surface at each folding. In this case it is not rolled up but folded (at least three times).

            Before the last rolling-out the dough is rested for at least 15 minutes, then it is rolled out until it is finger-thick (1-2 cm); its surface is scored with deep perpendicular lines and it is cut up using a dough cutter 3-6 cm in diameter. The scones needed to fill the baking tray are placed close to each other on the pastry board and then coated with beaten egg using a brush, care being taken not to let the egg run down the sides of the cylinders.
      When the egg has dried slightly on the surface, the scones are placed, evenly spaced, on the baking tray; they are left to rise for 40-45 minutes and then baked in a hot oven at 220-240 °C for 8-10 minutes. Then they are ready.
      The products are sold without packaging (loose) or pre-packed.
      1.7.   Specific character of the agricultural product or foodstuff

      The specific character of ‘Tepertős pogácsa’ is based on the following:

                  —

                  the basic material comprising pork crackling and pork fat,

                  —

                  the special technique used to prepare the dough,

                  —

                  the physical, chemical and organoleptic characteristics.

            The basic material, pork crackling, gives the product its character.
      The crackling, which comprises the pieces obtained by frying fat bacon containing little or no meat, gives ‘Tepertős pogácsa’ its specific character. The crackling has a protein content of 12-13 %, a fat content of 82-84 % and provides at least 60 % of the fat contained in the product.
      The special technique used to prepare the dough:
      The crackling which is used to make the short variety also makes it possible to prepare the dough by means of a special folding technique which gives it its flaky structure; moreover, the high fat content means that the dough must undergo special preparation in cold conditions at 24–26 °C.
      The physical, chemical and organoleptic characteristics:
      Owing to the 20-30 % fat content achieved by using the pork crackling and fat, ‘Tepertős pogácsa’ has a higher nutritive value, dries less quickly and has a longer shelf-life than other products in the same category.
      1.8.   Traditional character of the agricultural product or foodstuff

      The word ‘pogácsa’ (scone) was first used around 1395 and originally meant a griddle cake/bread baked in ash and embers. In Hungarian folk tales the scone became known as ‘hamuban sült pogácsa’ (scone baked in ash). Until the end of the 17th century the griddle cake/bread, which was eaten like bread, was called scone-bread or scone-type bread. The present-day variety – which is smaller, cylindrical and marked with a square pattern – became widespread in Hungary at the end of the Middle Ages. This griddle cake/bread, with its different varieties of dough, was the most common foodstuff in peasant cuisine and its popularity has been undeniable ever since.
      Two conditions enabled the development of ‘Tepertős pogácsa’: firstly, the custom of frying fat from bacon became widespread and, secondly, crackling became an everyday food. According to a description of a middle-ranking noble family in the county of Somogy dating from 1770, frying bacon and making crackling became part of the customs of noble households from the 18th century onwards. Proof of this is provided by the succession inventory of noble families, which shows that fat/lard firkins started to appear in the Great Plain from the 18th century (Cegléd 1850-1900, published by Ceglédi Kossuth Múzeum, Cegléd, 1988, pp. 28 30 Szűcs). The custom of frying bacon and eating fat/lard probably became part of the popular peasant tradition of preparing pig in the mid-19th century, because from the 1850s onwards fat/lard firkins appeared in the peasant registers of the area between the Danube and the Tisza.
      According to oral ethnographic data from the turn of the 19th and 20th centuries, crackling was used for making soap by peasant households in the Central Tisza region, and eating crackling developed gradually. After slaughtering a pig, the scones were baked with fresh, generally small, skinless crackling. Major consolidated works produced in the 1930s in the field of ethnography refer to scones made with risen or unrisen dough based on wheat flour and already embellished, among other ingredients, with crackling [Bátky Zs.: Táplálkozás (Food) in: A magyarság néprajza (Ethnography of the Hungarians), Budapest, 1933, p. 100] and it can therefore be maintained that the addition of crackling from bacon fried to risen dough became a widespread custom at the beginning of the 20th century.
      Today, ‘Tepertős pogácsa’ has become an important part of everyday meals and is served after soups (made with meat or beans). It is offered to meeting or conference participants and is a dish favoured in the home, especially on the occasion of family celebrations (weddings, christenings) or feasts (Christmas, Easter); it is also often served as a savoury snack to accompany wine in agri-tourism [Hagyományok Ízek Régiók (Regional Taste Traditions), vol. I, p. 145-147.].
      From the 1880s to the present day several cookery books have attested to its reputation, including Dobos C. József: Magyar-Franczia szakácskönyv (Hungarian-French cookery book) pp. 784-785, 1881; Rozsnyai Károly: Legújabb nagy házi cukrászat (The latest home-made confectionery) p. 350, 1905; Kincses Váncza receptkönyv (Kincses Váncza recipe book) p. 21, 1920; Az Új idők második receptkönyve (The second volume of the modern-day recipe book), p. 182, 1934; Hajdú Ernőné: Jaj, mit főzzek (What shall I cook?), p. 73, 1941; Rudnay János: A magyar cukrászat remekei (Masterpieces of Hungarian confectionery), p. 89, 1973.
      1.9.   Minimum requirements and procedures to check the specific character

                  Specific character

                  Minimum requirements

                  Verification method and frequency

                  fat content

                              —

                              20-30 % (of the dry matter)

                              —

                              only pig fat may be used

                  In accordance with the product description under point 3.5, in a laboratory once every six months.

                  crackling (cream)

                              —

                              pork crackling must be used

                              —

                              crackling without skin must be used

                  On the basis of the file or sheet relating to the product, with documentation by batch.

                  ingredients

                              —

                              in accordance with the product description under point 3.6 (pork crackling, pig fat, wheat flour, egg, egg yolk, milk, yeast, white wine or vinegar, cream, salt and pepper).

                  On the basis of the file or sheet relating to the product, with documentation by lot.

                  organoleptic characteristics of the product (content, taste and aroma)

                              —

                              short or flaky texture

                              —

                              taste and aroma characteristic of the crackling and mildly peppered

                  Organoleptic test every shift.

            2.   Authorities or bodies verifying compliance with the product specification

      2.1.   Name and address

      Name: Mezőgazdasági Szakigazgatási Hivatal Központ, Élelmiszer- és Takarmánybiztonsági Igazgatóság [Central Agriculture Administration Office, Food and Feed Safety Directorate]
      Address:
      Telephone: 456-30-10
      Fax: —
      e-mail address: oevi@oai.hu

                  ☒ Public

                   Private

            2.2.   Specific tasks of the authority or body

      The authority responsible for verification checks that the requirements set out in the specification are indeed being complied with.


title: Commission Implementing Regulation (EU) 2015/663 of 28 April 2015 establishing the standard import values for determining the entry price of certain fruit and vegetables

text:
               29.4.2015

               EN

               Official Journal of the European Union

               L 110/9

         COMMISSION IMPLEMENTING REGULATION (EU) 2015/663
   of 28 April 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, 28 April 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

                  MA

                  91,5

                  TR

                  96,0

                  ZZ

                  93,8

                  0707 00 05

                  AL

                  97,3

                  EG

                  191,6

                  TR

                  125,6

                  ZZ

                  138,2

                  0709 93 10

                  MA

                  134,6

                  TR

                  141,8

                  ZZ

                  138,2

                  0805 10 20

                  EG

                  53,9

                  IL

                  64,4

                  MA

                  53,7

                  TR

                  70,3

                  ZZ

                  60,6

                  0805 50 10

                  BO

                  97,3

                  TR

                  57,0

                  ZZ

                  77,2

                  0808 10 80

                  AR

                  100,0

                  BR

                  90,5

                  CL

                  119,2

                  CN

                  167,0

                  MK

                  30,8

                  NZ

                  136,3

                  US

                  151,5

                  ZA

                  119,9

                  ZZ

                  114,4

                  0808 30 90

                  AR

                  112,3

                  CL

                  121,5

                  NZ

                  212,0

                  ZA

                  111,7

                  ZM

                  112,8

                  ZZ

                  134,1

         (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 193/2013 of 6 March 2013 establishing the standard import values for determining the entry price of certain fruit and vegetables

text:
               7.3.2013

               EN

               Official Journal of the European Union

               L 64/1

         COMMISSION IMPLEMENTING REGULATION (EU) No 193/2013
   of 6 March 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, 6 March 2013.

            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 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

                  IL

                  82,8

                  MA

                  59,3

                  TN

                  69,4

                  TR

                  109,3

                  ZZ

                  80,2

                  0707 00 05

                  EG

                  191,6

                  MA

                  170,1

                  TR

                  156,8

                  ZZ

                  172,8

                  0709 91 00

                  EG

                  82,2

                  ZZ

                  82,2

                  0709 93 10

                  MA

                  47,3

                  TR

                  113,2

                  ZZ

                  80,3

                  0805 10 20

                  EG

                  54,3

                  IL

                  64,5

                  MA

                  54,6

                  TN

                  61,6

                  TR

                  60,5

                  ZZ

                  59,1

                  0805 50 10

                  TR

                  84,1

                  ZZ

                  84,1

                  0808 10 80

                  AR

                  116,3

                  BR

                  84,7

                  CL

                  115,2

                  CN

                  77,8

                  MK

                  28,7

                  US

                  151,0

                  ZZ

                  95,6

                  0808 30 90

                  AR

                  126,4

                  CL

                  178,5

                  TR

                  125,7

                  US

                  185,0

                  ZA

                  104,2

                  ZZ

                  144,0

         (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) No 23/2013 of 15 January 2013 establishing the standard import values for determining the entry price of certain fruit and vegetables

text:
               16.1.2013

               EN

               Official Journal of the European Union

               L 11/12

         COMMISSION IMPLEMENTING REGULATION (EU) No 23/2013
   of 15 January 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, 15 January 2013.

            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 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

                  62,1

                  TN

                  102,6

                  TR

                  130,0

                  ZZ

                  98,2

                  0707 00 05

                  EG

                  194,1

                  TR

                  130,5

                  ZZ

                  162,3

                  0709 91 00

                  EG

                  158,2

                  ZZ

                  158,2

                  0709 93 10

                  MA

                  104,4

                  TR

                  132,7

                  ZZ

                  118,6

                  0805 10 20

                  EG

                  54,9

                  MA

                  59,8

                  TR

                  63,5

                  ZA

                  103,6

                  ZZ

                  70,5

                  0805 20 10

                  IL

                  162,4

                  MA

                  95,8

                  ZZ

                  129,1

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

                  IL

                  113,9

                  KR

                  140,9

                  TR

                  94,1

                  ZZ

                  116,3

                  0805 50 10

                  TR

                  76,9

                  ZZ

                  76,9

                  0808 10 80

                  BA

                  47,0

                  CN

                  99,8

                  MK

                  38,5

                  US

                  183,6

                  ZZ

                  92,2

                  0808 30 90

                  CN

                  65,3

                  US

                  134,8

                  ZZ

                  100,1

         (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) No 1362/2013 of 11 December 2013 laying down the methods for the sensory testing of uncooked seasoned poultry meat for the purposes of its classification in the Combined Nomenclature

text:
                  19.12.2013

                  EN

                  Official Journal of the European Union

                  L 343/9

         COMMISSION IMPLEMENTING REGULATION (EU) No 1362/2013
         of 11 December 2013
         laying down the methods for the sensory testing of uncooked seasoned poultry meat for the purposes of its classification in the Combined Nomenclature
         THE EUROPEAN COMMISSION,
         Having regard to the Treaty on the Functioning of the European Union,
         Having regard to Council Regulation (EEC) No 2658/87 of 23 July 1987 on the tariff and statistical nomenclature and on the Common Customs Tariff (1), and in particular Article 9(1)(a) thereof,
         Whereas:

                     (1)

                     Additional Note 6(a) to Chapter 2 of the Combined Nomenclature annexed to Regulation (EEC) No 2658/87 defines ‘uncooked seasoned meat’ as ‘uncooked meat that has been seasoned either in depth or over the whole surface of the product with seasoning either visible to the naked eye or clearly distinguishable by taste’.

                     (2)

                     In order to ensure that customs authorities apply a uniform approach for the purposes of customs classification, it is necessary to lay down methods for determining whether or not uncooked poultry meat is seasoned within the meaning of Additional Note 6(a) to Chapter 2 of the Combined Nomenclature.

                     (3)

                     In the light of studies carried out by the Group of European Customs Laboratories, the methods to verify whether uncooked poultry meat is seasoned or not should consist of, firstly, a visual examination and, secondly, the tasting of a sample.

                     (4)

                     The method consisting in the tasting of a sample should be applied only where the visual examination method does not lead to conclusive results.

                     (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 methods used to determine whether or not uncooked poultry meat is seasoned for the purposes of classification in the Combined Nomenclature shall be laid down in the Annex.

            Article 2

               1.   The visual examination of poultry meat shall be carried out by means of the method and under the conditions set out in Part I of the Annex.
               The aim of the visual examination is to establish whether or not the poultry meat has been seasoned over the whole surface and whether the seasoning is visible to the naked eye.

               2.   The tasting of poultry meat shall be carried out by means of the method and under the conditions set out in Part II of the Annex.
               The tasting shall only be undertaken in cases where, based on the results of the visual examination, it is not established that the sample has been seasoned over the whole surface and that the seasoning is visible to the naked eye.
               The aim of the tasting is to establish whether the poultry meat has been seasoned in depth or over the whole surface and whether the seasoning is clearly distinguishable by taste.
               The preparations of the tasting shall be carried out only on the premises fulfilling the minimum equipment requirements set out in point (2) of Part II of the Annex.

            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 December 2013.

                  For the Commission, On behalf of the President,
               Algirdas ŠEMETA

                  Member of the Commission

            (1)  OJ L 256, 7.9.1987, p. 1.

            ANNEX
            PART I:   VISUAL EXAMINATION OF SEASONED POULTRY MEAT
            1.   Objective and definition

            The objective of this method is to determine whether uncooked seasoned poultry meat has to be classified in Chapter 2 or in Chapter 16 of the Combined Nomenclature because it can be established that:

                        (1)

                        the seasoning covers the whole surface of the sample and

                        (2)

                        the seasoning is visible to the naked eye.

                  The method consists of a visual examination of one or more samples of uncooked poultry meat.
            2.   Preparation of samples

            Any sample is to be taken from a declared lot. Only an unopened original package is to be sampled. The sample may be packaged in a box or vacuum-packaged in plastic.
            In the case of frozen uncooked meat the sample is to be thawed (for example in a refrigerator at a low temperature of 4 °C). The discharge of fluid is to be to be limited to a minimum.
            Relevant information about the packaging and/or about the samples is to be registered or photographed and included in the test report referred to in point 4.
            3.   Carrying out of the visual examination

            The sample is to be visually examined after removal of the packaging.
            The sample is to be examined by at least two assessors.
            When carrying out the visual examination, the assessors must take account of the following factors:

                        (a)

                        not each part of the surface of the sample needs to be seasoned up to the same degree;

                        (b)

                        absence of seasoning on creases or folds of the loosened inner fillet is unimportant for determining whether or not the seasoning has been applied over the whole surface;

                        (c)

                        observation of white pepper is more difficult than that of black pepper;

                        (d)

                        observation of pepper on a surface of lightly coloured meat (for example, breast meat) is easier than the observation of pepper on a surface of dark coloured meat (for example, thigh bone meat).

                  4.   Evaluation of results

            All the assessors must come to the same conclusion on whether or not the sample has been seasoned over the whole surface and whether or not the seasoning is visible to the naked eye.
            They must fill in the test report on the visual examination of uncooked seasoned poultry meat. The specimen of the test report form is set out in Appendix 1.
            Where all the assessors do not arrive at the same conclusion with regard to a certain sample, or where they all arrive at the conclusion that the sample has not been seasoned over the whole surface or that the seasoning is not visible to the naked eye, the sample must be tested in accordance with Part II.
            5.   Explanatory pictures

            The enclosed pictures show how samples are to be assessed during the visual examination.
            The pictures are of peppered poultry meat but the explanations given below each picture may also apply to other spices.
            In the pictures ‘TOP’ refers to the outer surface of the poultry breast and ‘UNDERSIDE’ refers to the surface of the poultry breast exposed when cut from the bone.

               Picture 1A

            Result of the visual examination: the sample is seasoned over the whole surface and the seasoning is visible to the naked eye.

               Picture 1B

            Result of the visual examination: the sample is seasoned over the whole surface and the seasoning is visible to the naked eye.

               Picture 2A

            Result of the visual examination: the sample is seasoned over the whole surface and the seasoning is visible to the naked eye.

               Picture 2B

            Result of the visual examination: the sample is seasoned over the whole surface and the seasoning is visible to the naked eye.

               Picture 3A

            Result of the visual examination: the sample is seasoned over the whole surface and the seasoning is visible to the naked eye.

               Picture 3B

            Result of the visual examination: the sample is seasoned over the whole surface and the seasoning is visible to the naked eye.

               Picture 4A

            Result of the visual examination: the sample is seasoned over the whole surface and the seasoning is visible to the naked eye.

               Picture 4B

            Result of the visual examination: the sample is seasoned over the whole surface and the seasoning is visible to the naked eye.

               Picture 5A

            NOT
               Result of the visual examination: the seasoning is visible to the naked eye but does NOT cover the whole surface of the sample.

               Picture 5B

            NOT
               Result of the visual examination: the seasoning is visible to the naked eye but does NOT cover the whole surface of the sample.

               Picture 6

            Result of the visual examination: the sample is seasoned over the whole surface and the seasoning is visible to the naked eye.

               Picture 7

            NOT
               Result of the visual examination: the seasoning is visible to the naked eye but does NOT cover the whole surface of the sample.

               Picture 8

            NOT
               Result of the visual examination: the seasoning is visible to the naked eye but does NOT cover the whole surface of the sample.

               Picture 9

            NOT
               Result of the visual examination: the seasoning is visible to the naked eye but does NOT cover the whole surface of the sample.

               Picture 10

            NOT
               Result of the visual examination: the seasoning is visible to the naked eye but does NOT cover the whole surface of the sample.

               Picture 11

            NOT
               Result of the visual examination: the seasoning is visible to the naked eye but does NOT cover the whole surface of the sample.

               Picture 12

            NOT
               Result of the visual examination: the seasoning is visible to the naked eye but does NOT cover the whole surface of the sample.

               Picture 13

            NOT
               Result of the visual examination: the seasoning is visible to the naked eye but does NOT cover the whole surface of the sample.
            PART II:   TASTING OF SEASONED POULTRY MEAT
            1.   Objective and definition

            The objective of this method is to determine whether uncooked seasoned poultry meat has to be classified in Chapter 2 or in Chapter 16 of the Combined Nomenclature because it can be established that:

                        (1)

                        the poultry meat has been seasoned in depth or over the whole surface and

                        (2)

                        the seasoning is clearly distinguishable by taste.

                  The method consists of tasting one or more samples of poultry meat after cooking.
            2.   Equipment of the testing premises

            The premises in which the tasting is carried out must have the following minimum equipment:

                        —

                        a microwave oven,

                        —

                        chopping boards,

                        —

                        sharp knives,

                        —

                        plain plates (e.g. polystyrene or crockery) labelled with random 3-digit codes,

                        —

                        forks for serving,

                        —

                        probe (food thermometer),

                        —

                        disposable gloves.

                  3.   Preparation of samples

            A sample must consist of a representative portion of the poultry meat destined for consumption.
            If there is any doubt about a sample, for example in respect of the addition of atypical compound(s) or possible microbial contamination, a risk assessment or a pre-test microbiological analysis must be carried out.
            The sample is to be fully cooked in a microwave. When tested, the sample must be suitable for human consumption.
            The sample must reach an internal temperature of at least 77 °C. The temperature is checked using a probe (food thermometer) at the end of the cooking time. If the specifications of the microwave request a ‘standing time’, the temperature is taken when the standing time has ended. Standing time allows for additional cooking after the power is turned off, with the heat already generated, while the door of the microwave is closed.
            The outer surface of the sample is to be removed using a sharp knife to expose the cooked flesh in the centre. Care is to be taken not to contaminate the central part of the flesh with the outer surface.
            The central part of the flesh is to be cut in about 2 cm3 portions.
            The samples are to be left to cool for at least 10 minutes.
            The samples are to be served to the assessors on labelled plates.
            4.   Carrying out of the tasting

            Between five and eight qualified and trained assessors are presented with one or more samples. No more than five samples may be assessed in one session.
            Sufficient time and/or a suitable palate cleanser (bottled water and unsalted crackers) must be provided between sample servings.
            The assessors must be able to conduct the assessment with minimal distraction.
            The assessors must taste the sample and objectively describe the key flavour, aftertaste and mouthfeel attributes of the sample.
            The assessors must fill in the following two forms:

                        (a)

                        Attribute Generation Form for Customs Testing of Poultry Products.

                        (b)

                        Free Description Collation Form for Customs Testing of Poultry Products.

                  Specimens of the forms are set out in Appendices 2 and 3.
            Each assessor individually writes down on the Attribute Generation Form the characteristics indicating on a scale from 1 to 3 the intensity of each characteristic by using only the terms ‘SLIGHT’ (1), ‘CLEARLY DISTINGUISHABLE’ (2) and ‘STRONG’ (3).
            The key descriptive terms used by the assessors are recorded in the Free Description Collation Form, indicating the number of assessors using each term for each sample.
            The intensity or strength of the characteristic is also summarised on the Free Description Collation Form.
            Where different assessors use different terms that are known to carry a similar meaning, such as ‘fatty’ and ‘greasy’, they shall be considered to have used the same terms.
            The results for added flavours or spices (for example, ‘sour’, ‘sweet’, ‘hot’, ‘spicy’, ‘pepper’, ‘garlic’ etc.) are to be filled in on the Free Description Collation Form.
            5.   Evaluation of results

            Where in the Attribute Generation Form and the Free Description Collation Form at least half of the assessors indicated that they tasted added flavours or spices reaching at least scale 2 (‘CLEARLY DISTINGUISHABLE’) pursuant to point 4, the seasoning of the sample is considered to be clearly distinguishable by taste.
            The forms must give the full details of the samples, their preparation, as well as the procedure(s) followed to reach and interpret the obtained results.

               Appendix 1

                  Test report on the visual examination of uncooked seasoned poultry meat

               Date: …

                           Code …

                           Code …

                           Code …

                           Code …

                           Code …

                           Seasoning over the whole surface of the product

                           YES / NO

                           YES / NO

                           YES / NO

                           YES / NO

                           YES / NO

                           Seasoning visible to the naked eye

                           YES / NO

                           YES / NO

                           YES / NO

                           YES / NO

                           YES / NO

                           Relevant information

               Appendix 2

                  Attribute generation form for customs testing of poultry products

               Name: … Date: … Product: …

                           Code

                           Flavour / Aftertaste / Mouthfeel

                           Intensity

                  Scale

                           1

                           2

                           3

                           SLIGHT

                           CLEARLY DISTINGUISHABLE

                           STRONG

               Appendix 3

                  Free description collation form for customs testing of poultry products

               Date: …

                           Code

                           1

                           2

                           3

                           Code

                           1

                           2

                           3

                           Code

                           1

                           2

                           3

                           Attributes mentioned for:
                           Flavour / Aftertaste / Mouthfeel

                           Slight

                           Clearly distinguishable

                           Strong

                           Slight

                           Clearly distinguishable

                           Strong

                           Slight

                           Clearly distinguishable

                           Strong

                     Compiled by: … Checked by: …
               In columns 1, 2, and 3 please enter the number of assessors who identified that attribute.


title: Commission Implementing Regulation (EU) 2016/166 of 8 February 2016 laying down specific conditions applicable to the import of foodstuffs containing or consisting of betel leaves (‘Piper betle’) from India and amending Regulation (EC) No 669/2009 (Text with EEA relevance)

text:
               9.2.2016

               EN

               Official Journal of the European Union

               L 32/143

         COMMISSION IMPLEMENTING REGULATION (EU) 2016/166
   of 8 February 2016
   laying down specific conditions applicable to the import of foodstuffs containing or consisting of betel leaves (‘Piper betle’) from India and amending Regulation (EC) No 669/2009
   (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 178/2002 of the European Parliament and of the Council of 28 January 2002 laying down the general principles and requirements of food law, establishing the European Food Safety Authority and laying down procedures in matters of food safety (1), and in particular Article 53(1)(b)(ii) thereof,
   Having regard to Regulation (EC) No 882/2004 of the European Parliament and of the Council of 29 April 2004 on official controls performed to ensure the verification of compliance with feed and food law, animal health and animal welfare rules (2), and in particular Article 15(5) thereof,
   Whereas:

               (1)

               Article 53 of Regulation (EC) No 178/2002 provides for the possibility to adopt appropriate Union emergency measures for feed and food imported from a third country in order to protect human health, animal health and the environment, where the risk cannot be contained satisfactorily by means of measures taken by the Member States individually.

               (2)

               Commission Regulation (EC) No 669/2009 (3) provides for an increased level of official controls on imports of certain feed and food of non-animal origin listed in Annex I to that Regulation. Betel leaves (Piper betle L.) originating from India are subject as of 1 April 2014 to an increased frequency of official controls as regards the presence of many Salmonella strains.

               (3)

               The results from the increased frequency of controls carried out by the Member States in the framework of Regulation (EC) No 669/2009 on those foodstuffs show a continuous high frequency of non-compliance with microbiological criteria for foodstuffs established in Union legislation. Since 2011, around 90 notifications (4) have been issued to the Rapid Alert System for Food and Feed due to the presence of a wide range of pathogenic Salmonella strains in foodstuffs containing or consisting of betel leaves originating in or consigned from India.

               (4)

               Those results provide evidence that the import of those foodstuffs constitutes a risk for human health. Despite the increased frequency of controls at Union borders in place the situation has been not improved. Furthermore, the Indian authorities have not provided a concrete and satisfactory action plan to remediate the shortcomings and deficiencies in the production and control systems, despite the European Commission's explicit request.

               (5)

               To protect human health in the Union, it is necessary to provide for additional guarantees in relation to those foodstuffs from India. Therefore all consignments of betel leaves from India should be accompanied by a health certificate stating that those foodstuffs were produced in line with the hygiene provisions set up in Regulation (EC) No 852/2004 of the European Parliament and of the Council (5), sampled and analysed for the presence of Salmonella and were found compliant with Union legislation, and by the results of the analytical tests.

               (6)

               It is appropriate to exclude non-commercial consignments from the application of the provisions of this Regulation.

               (7)

               The sampling and the analysis of consignments should be performed in accordance with the relevant Union legislation. Commission Regulation (EC) No 2073/2005 (6) lays down both the microbiological criteria for foodstuffs and the provisions on sampling for the official control of microbiological criteria for foodstuffs applicable in the Union.

               (8)

               The Indian authorities have informed the Commission of the name of the competent authority whose authorised representative is entitled to sign the health certificate.

               (9)

               Regulation (EU) No 669/2009 should 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
   Scope
   1.   This Regulation shall apply to consignments of foodstuffs containing or consisting of betel leaves (‘Piper betle L.’ commonly known as ‘Paan leaf’ or ‘Betel quid’) including those declared under CN codes 1404 90 00, originating in or consigned from India, set out in Annex I to this Regulation.
   2.   This Regulation shall not apply to consignments of foodstuffs referred to in paragraph 1 which are destined to a private person for personal consumption and use only. In case of doubt, the burden of proof lies with the recipient of the consignment.
   Article 2
   Definitions
   For the purpose of this Regulation, the definitions laid down in Articles 2 and 3 of Regulation (EC) No 178/2002, Article 2 of Regulation (EC) No 882/2004 and Article 3 of Regulation (EC) No 669/2009 shall apply.
   Article 3
   Import into the Union
   Consignments of foodstuff referred to in Article 1(1) may only be imported into the Union in accordance with the procedures laid down in this Regulation.
   Consignments of such foodstuff may only enter the Union through the Designated Point of Entry (DPE) as defined in Regulation (EC) No 669/2009.
   Article 4
   Results of sampling and analysis
   1.   Consignments of the foodstuff referred to in Article 1(1) shall be accompanied by the results of sampling and analysis performed by the competent authorities of India, to ascertain compliance with Union legislation on microbiological criteria of Salmonella, for the foodstuff referred to in Article 1(1).
   2.   The sampling referred to in paragraph 1 must be performed in accordance with Regulation (EC) No 2073/2005.
   Article 5
   Health certificate
   1.   The consignments shall also be accompanied by a health certificate in accordance with the model set out in Annex II.
   2.   The health certificate shall be completed, signed and verified by an authorised representative of the competent authority of India.
   3.   The health certificate shall be drawn up in the official language, or in one of the official languages, of the Member State where the DPE is located. However, a Member State may consent to health certificates being drawn up in another official language of the Union.
   Article 6
   Identification
   Each consignment of the foodstuff referred to in Article 1(1) shall be identified with an identification code which corresponds to the identification code mentioned on the results of the sampling and analysis referred to in Article 4 and the health certificate referred to in Article 5. Each individual bag, or other packaging form, of the consignment shall be identified with that identification code.
   Article 7
   Prior notification of consignments
   1.   Food business operators or their representatives shall give prior notification of the estimated date and time of physical arrival of consignments of the foodstuff referred to in Article 1(1) to the competent authorities at the DPE and of the nature of the consignment.
   2.   For the purpose of prior notification, they shall complete Part I of the common entry document (CED) laid down in Article 3(a) to Regulation (EC) No 669/2009 and transmit that document to the competent authority at the DPE, at least one working day prior to the physical arrival of the consignment.
   3.   For the completion of the CED in application of this Regulation, food business operators shall take into account for the foodstuff referred to in Article 1(1), the notes for guidance for the CED laid down in Annex II to Regulation (EC) No 669/2009.
   Article 8
   Official controls
   1.   The competent authority at the DPE shall carry out documentary checks on each consignment of the foodstuff referred to in Article 1(1) to ascertain compliance with the requirements laid down in Articles 4 and 5.
   2.   The identity and physical checks on the foodstuff referred to in Article 1(1) of this Regulation shall be carried out in accordance with Articles 8, 9 and 19 of Regulation (EC) No 669/2009 at the frequency set out in Annex I to this Regulation.
   3.   After completion of the checks, the competent authorities shall:

               (a)

               complete the relevant entries of Part II of the CED;

               (b)

               join the results of sampling and analysis carried out in accordance with paragraph 2 of this Article;

               (c)

               provide and fill the CED reference number on the CED;

               (d)

               stamp and sign the original of the CED;

               (e)

               make and retain a copy of the signed and stamped CED.

         4.   The original of the CED and of the health certificate with the accompanying results of sampling and analysis referred to in Article 4 shall accompany the consignment during its transport until it is released for free circulation. For foodstuff referred to in Article 1(1), in case of authorisation of onward transportation of the consignments pending the results of the physical checks, a certified copy of the original CED shall be issued for that purpose.
   Article 9
   Splitting of a consignment
   1.   Consignments shall not be split until all official controls have been completed, and the CED has been fully completed by the competent authorities as provided for in Article 8.
   2.   In the case of subsequent splitting of the consignment, an authenticated copy of the CED shall accompany each part of the consignment during its transport until it is released for free circulation.
   Article 10
   Release for free circulation
   The release for free circulation of consignments shall be subject to the presentation (physically or electronically) by the food business operators or their representative to the custom authorities of a CED duly completed by the competent authority once all official controls have been carried out and favourable results from physical checks, where such checks are required, are known. The custom authorities shall only release the consignment for free circulation if a favourable decision by the competent authority is indicated in box II.14 and signed in box II.21 of the CED.
   Article 11
   Non-compliance
   If the official controls establish non-compliance with the relevant Union legislation, the competent authority shall complete Part III of the CED and action shall be taken pursuant to Articles 19, 20 and 21 of Regulation (EC) No 882/2004.
   Article 12
   Reports
   Member States shall submit to the Commission every three months a report of all analytical results of official controls on consignments of foodstuff pursuant to this Regulation. That report shall be submitted during the month following each quarter.
   The report shall include the following information:

               —

               the number of consignments imported,

               —

               the number of consignments subjected to sampling for analysis,

               —

               the results of the checks as provided for in Article 8(2).

         Article 13
   Costs
   All costs resulting from the official controls including sampling, analysis, storage and any measures taken following non-compliance, shall be borne by the food business operators.
   Article 14
   Transitional measures
   By way of derogation from Articles 4(1) and 5(1), Member States shall authorise the imports of consignments of food referred to in Article 1(1) which left the country of origin prior to the entry into force of this Regulation without being accompanied by a health certificate and the results of sampling and analysis.
   Article 15
   Amendment of Regulation (EC) No 669/2009
   Regulation (EC) No 669/2009 is amended in accordance with Annex III to this Regulation.
   Article 16
   Entry into force
   This Regulation shall enter into force on the third day following that of its publication in the Official Journal of the European Union.

      This Regulation shall be binding in its entirety and directly applicable in all Member States.
      Done at Brussels, 8 February 2016.

            For the Commission

            The President

         Jean-Claude JUNCKER

      (1)  OJ L 31, 1.2.2002, p. 1.

      (2)  OJ L 165, 30.4.2004, p. 1.

      (3)  Commission Regulation (EC) No 669/2009 of 24 July 2009 implementing Regulation (EC) No 882/2004 of the European Parliament and of the Council as regards the increased level of official controls on imports of certain feed and food of non-animal origin and amending Decision 2006/504/EC (OJ L 194, 25.7.2009, p. 11).

      (4)  From 2011 till 15 October 2015 (12 in 2011, 6 in 2012, 13 in 2013, 17 in 2014 and 43 on 15.10.2015).

      (5)  Regulation (EC) No 852/2004 of the European Parliament and of the Council of 29 April 2004 on the hygiene of foodstuffs (OJ L 139, 30.4.2004, p. 1).

      (6)  Commission Regulation (EC) No 2073/2005 of 15 November 2005 on microbiological criteria for foodstuffs (OJ L 338, 22.12.2005, p. 1).

      ANNEX I
      Food of non-animal origin subject to the measures provided for in this Regulation:

                  Feed and food
                  (intended use)

                  CN code (1)

                  TARIC sub-division

                  Country of origin or dispatch

                  Hazard

                  Frequency of physical and identity checks (%) at import

                  Betel leaves (Piper betle L.) —
                        (Food)

                  ex 1404 90 00

                  10

                  India (IN)

                  Salmonella (2)

                  10

         (1)  Where only certain products under any CN code are required to be examined and no specific subdivision under that code exists, the CN code is marked ‘ex’.

         (2)  Reference method EN/ISO 6579 or a method validated against it as referred to in Article 5 of Commission Regulation (EC) No 2073/2005 of 15 November 2005 on microbiological criteria for foodstuffs (OJ L 338, 22.12.2005, p. 1).

      ANNEX II

         Health Certificate for the importation into the European Union of

      … (1)

         Consignment Code …Certificate Number…

      According to the provisions of Commission Implementing Regulation (EU) 2016/166 laying down specific conditions applicable to the import of Betel leaves (‘Piper betle’) from India the
      …
      …(Competent authority referred to in Article 5(2) of Regulation (EU) 2016/166)
      CERTIFIES that the…
      …(insert food referred to in Article 1(1) of Regulation (EU) 2016/166)
      of this consignment composed of:…
      …
      …(description of consignment, product, number and type of packages, gross or net weight)
      embarked at…(embarkation place)
      by …(identification of transporter)
      going to…(place and country of destination)
      which comes from the establishment…
      …(name and address of establishment)
      have been produced, under conditions which comply with Regulation (EC) No 852/2004.
      From this consignment, samples were taken in accordance with Regulation (EC) No 2073/2005 in view to check the presence of salmonella strains
      on…(date), subjected to laboratory analysis on…
      (date) in the…
      (name of laboratory). The details of sampling, methods of analysis used and all results are attached.
      Done at …on…
      Stamp and signature of authorised representative of competent authority referred to in Article 5(2) of Regulation (EU) 2016/166

         (1)  Product and country of origin.

      ANNEX III
      In Annex I to Regulation (EC) No 669/2009, the following entry is deleted:

                     Feed and food
                     (intended use)

                     CN code (1)

                     TARIC sub-division

                     Country of origin

                     Hazard

                     Frequency of physical and identity checks (%)

                     ‘Betel leaves (Piper betle L.) —
                           (Food)

                     ex 1404 90 00

                     10

                     India (IN)

                     Salmonella (2)

                     50’

         (1)  Where only certain products under any CN code are required to be examined and no specific subdivision under that code exists, the CN code is marked ‘ex’.

         (2)  Reference method EN/ISO 6579 or a method validated against it as referred to in Article 5 of Commission Regulation (EC) No 2073/2005 of 15 November 2005 on microbiological criteria for foodstuffs (OJ L 338, 22.12.2005, p. 1).