title: Commission Implementing Regulation (EU) 2017/2236 of 5 December 2017 amending Regulation (EC) No 3199/93 on the mutual recognition of procedures for the complete denaturing of alcohol for the purposes of exemption from excise duty

text:
               6.12.2017

               EN

               Official Journal of the European Union

               L 320/6

         COMMISSION IMPLEMENTING REGULATION (EU) 2017/2236
   of 5 December 2017
   amending Regulation (EC) No 3199/93 on the mutual recognition of procedures for the complete denaturing of alcohol for the purposes of exemption from excise duty
   THE EUROPEAN COMMISSION,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to Council Directive 92/83/EEC of 19 October 1992 on the harmonisation of the structures of excise duties on alcohol and alcoholic beverages (1), and in particular Article 27(4) thereof,
   Whereas:

               (1)

               Pursuant to Article 27(1)(a) of Directive 92/83/EEC, Member States are required to exempt from excise duty alcohol which has been completely denatured in accordance with the requirements of any Member State, provided that those requirements have been duly notified and accepted in accordance with the conditions laid down in paragraphs 3 and 4 of that Article.

               (2)

               Denaturants which are employed in each Member State for the purposes of the complete denaturation of alcohol in accordance with Article 27(1)(a) of Directive 92/83/EEC are described in the Annex to Commission Regulation (EC) No 3199/93 (2).

               (3)

               On 8 June 2017, Romania communicated to the Commission, the denaturant which it intends to employ for the complete denaturing of alcohol, with effect from 1 September 2017, for the purposes of Article 27(1)(a) of that Directive.

               (4)

               The Commission transmitted that communication to the other Member States on 14 June 2017.

               (5)

               On 5 July 2017, Bulgaria communicated to the Commission the denaturant which it intends to employ for the complete denaturing of alcohol, with effect from 1 August 2017, for the purposes of Article 27(1)(a) of that Directive.

               (6)

               The Commission transmitted that communication to the other Member States on 7 July 2017.

               (7)

               No objections have been received by the Commission.

               (8)

               For reasons of legal certainty this Regulation should enter into force as a matter of urgency.

               (9)

               Regulation (EC) No 3199/93 should therefore be amended accordingly.

               (10)

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

         HAS ADOPTED THIS REGULATION:
   Article 1
   The Annex to Regulation (EC) No 3199/93 is replaced by the text in the Annex to this Regulation.
   Article 2
   This Regulation shall enter into force on the day following that of its publication in the Official Journal of the European Union.

      This Regulation shall be binding in its entirety and directly applicable in all Member States.
      Done at Brussels, 5 December 2017.

            For the Commission

            The President

         Jean-Claude JUNCKER

      (1)  OJ L 316, 31.10.1992, p. 21.

      (2)  Commission Regulation (EC) No 3199/93 of 22 November 1993 on the mutual recognition of procedures for the complete denaturing of alcohol for the purposes of exemption from excise duty (OJ L 288, 23.11.1993, p. 12).

      ANNEX
      ‘
            ANNEX
            List of products with their Chemical Abstracts Service (CAS) registry number authorised for the complete denaturing of alcohol.

                        Acetone

                        CAS: 67-64-1

                        Denatonium benzoate

                        CAS: 3734-33-6

                        Ethanol

                        CAS: 64-17-5

                        Ethyl tert-butyl ether

                        CAS: 637-92-3

                        Fluorescein

                        CAS: 2321-07-5

                        Gasoline (including unleaded gasoline)

                        CAS: 86290-81-5

                        Isopropyl alcohol

                        CAS: 67-63-0

                        Kerosene

                        CAS: 8008-20-6

                        Lamp oil

                        CAS: 64742-47-8 and 64742-48-9

                        Methanol

                        CAS: 67-56-1

                        Methyl ethyl ketone (2-butanone)

                        CAS: 78-93-3

                        Methyl isobutyl ketone

                        CAS: 108-10-1

                        Methylene blue (52015)

                        CAS: 61-73-4

                        Solvent naphtha

                        CAS: 8030-30-6

                        Spirits of turpentine

                        CAS: 8006-64-2

                        Technical petrol

                        CAS: 92045-57-3

                  The term “absolute ethanol” in this Annex has the same meaning as the term “absolute alcohol” used by the International Union of Pure and Applied Chemistry.
            In all Member States, any dye may be added to the denatured alcohol to give it a characteristic colour, making it immediately identifiable.
            I.   The common denaturing procedure for completely denatured alcohol employed in Belgium, Bulgaria, Denmark, Germany, Estonia, Ireland, Greece, Spain, France, Italy, Cyprus, Latvia, Lithuania, Luxembourg, Hungary, Malta, the Netherlands, Austria, Poland, Portugal, Romania, Slovenia, Slovakia, Finland:

            Per hectolitre of absolute ethanol:

                        —

                        1,0 litre isopropyl alcohol,

                        —

                        1,0 litre methyl ethyl ketone,

                        —

                        1,0 gram denatonium benzoate.

                  II.   An increased concentration of the common denaturing procedure for completely denatured alcohol, employed in the following Member States:

               Czech Republic and the United Kingdom

            Per hectolitre of absolute ethanol:

                        —

                        3,0 litres isopropyl alcohol,

                        —

                        3,0 litres methyl ethyl ketone,

                        —

                        1,0 gram denatonium benzoate.

               Croatia

            Per hectolitre of absolute ethanol:
            A minimum of:

                        —

                        1,0 litre isopropyl alcohol,

                        —

                        1,0 litre methyl ethyl ketone,

                        —

                        1,0 gram denatonium benzoate.

               Sweden

            Per hectolitre of absolute ethanol:

                        —

                        1,0 litre isopropyl alcohol,

                        —

                        2,0 litres methyl ethyl ketone,

                        —

                        1,0 gram denatonium benzoate.

                  III.   Additional denaturing procedures for completely denatured alcohol employed in certain Member States:

            Per hectolitre of absolute ethanol any of the following formulations:

               Czech Republic

                        1.

                        0,4 litre solvent naphtha,
                        0,2 litre kerosene,
                        0,1 litre technical petrol.

                        2.

                        3,0 litres ethyl tert-butyl ether,
                        1,0 litre isopropyl alcohol,
                        1,0 litre unleaded gasoline,
                        10 milligrams fluorescein.

               Greece

            Only low quality alcohol (heads and tails from distillation), with an alcoholic strength of at least 93 % volume and not exceeding 96 % volume can be denatured.
            Per hectolitre of hydrated alcohol of 93 % volume, the following substances are added:

                        —

                        2,0 litres methanol,

                        —

                        1,0 litre spirit of turpentine,

                        —

                        0,50 litre lamp oil,

                        —

                        0,40 gram methylene blue.

                  At a temperature of 20 °C, the end product will reach, in its unaltered state, 93 % volume.

               Finland — authorised until 31.12.2018

            Per hectolitre of absolute ethanol any of the following formulations:

                        1.

                        2,0 litres methyl ethyl ketone,
                        3,0 litres methyl isobutyl ketone.

                        2.

                        2,0 litres acetone,
                        3,0 litres methyl isobutyl ketone.

                  ’


title: Commission Implementing Regulation (EU) 2017/2241 of 6 December 2017 on the extension of the transitional periods related to own funds requirements for exposures to central counterparties set out in Regulations (EU) No 575/2013 and (EU) No 648/2012 of the European Parliament and of the Council (Text with EEA relevance. )

text:
               7.12.2017

               EN

               Official Journal of the European Union

               L 322/27

         COMMISSION IMPLEMENTING REGULATION (EU) 2017/2241
   of 6 December 2017
   on the extension of the transitional periods related to own funds requirements for exposures to central counterparties set out in Regulations (EU) No 575/2013 and (EU) No 648/2012 of the European Parliament and of the Council
   (Text with EEA relevance)
   THE EUROPEAN COMMISSION,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to Regulation (EU) No 575/2013 of the European Parliament and of the Council of 26 June 2013 on prudential requirements for credit institutions and investment firms and amending Regulation (EU) No 648/2012 (1), and in particular Article 497(3) thereof,
   Whereas:

               (1)

               In order to avoid disruption to international financial markets and to prevent penalising institutions by subjecting them to higher own funds requirements during the processes of recognition of existing third-country central counterparties (CCPs), Article 497(2) of Regulation (EU) No 575/2013 established a transitional period during which third-country CCPs with which institutions established in the Union clear transactions may be considered qualifying CCPs by those institutions.

               (2)

               Regulation (EU) No 575/2013 amended Regulation (EU) No 648/2012 of the European Parliament and of the Council (2) in respect of certain inputs to the calculation of institutions' own funds requirements for exposures to third-country CCPs. Accordingly, Article 89(5a) of Regulation (EU) No 648/2012 requires certain third-country CCPs to report, for a limited period of time, the total amount of initial margin they have received from their clearing members. That transitional period mirrors the one laid down in Article 497(2) of Regulation (EU) No 575/2013.

               (3)

               Both transitional periods were set to expire on 15 June 2014.

               (4)

               Article 497(3) of Regulation (EU) No 575/2013 empowers the Commission to adopt an implementing act to extend the transitional period for own funds requirements by 6 months in exceptional circumstances. That extension should also apply in respect of the time limits laid down in Article 89(5a) of Regulation (EU) No 648/2012. Those transitional periods have most recently been extended until 15 December 2017 by Commission Implementing Regulation (EU) 2017/954 (3).

               (5)

               Of the CCPs established in third countries that have applied for recognition in accordance with Article 25 of Regulation (EU) No 648/2012, 29 CCPs have been recognised by the European Securities and Markets Authority. Of those, one CCP from New Zealand has been recognised on the basis of Commission Implementing Decision (EU) 2016/2274 (4). Furthermore, three additional CCPs from India could be recognised on the basis of Commission Implementing Decision (EU) 2016/2269 (5). The remaining third-country CCPs are still awaitingrecognition and their recognition process will not be completed by 15 December 2017. If the transitional period is not extended, institutions established in the Union (or their subsidiaries established outside the Union) having exposures to those remaining third-country CCPs will be required to increase their own funds for those exposures significantly, potentially leading to the withdrawal of those institutions as direct participants in those CCPs or, at least temporarily, to the cessation of the provision of clearing services to those institutions' clients and thus cause severe disruption in the markets in which those CCPs operate.

               (6)

               The need to avoid disruption to markets outside of the Union that led to the previous extensions of the transitional period laid down in Article 497(2) of Regulation (EU) No 575/2013 would therefore remain after the expiry of the extension of the transitional period set out in Implementing Regulation (EU) 2017/954. A further extension of the transitional period should enable institutions established in the Union (or their subsidiaries established outside the Union) to avoid significant increase in the own funds requirements due to the lack of completion of the recognition process for CCPs which provide, in a viable and accessible way, the specific type of clearing services that institutions established in the Union (or their subsidiaries established outside the Union) require. An additional 6-month extension of the transitional periods is therefore appropriate.

               (7)

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

         HAS ADOPTED THIS REGULATION:
   Article 1
   The 15-month periods referred to in Article 497(2) of Regulation (EU) No 575/2013 and in the second subparagraph of Article 89(5a) of Regulation (EU) No 648/2012, as most recently extended in Implementing Regulation (EU) 2017/954, are extended by an additional 6 months until 15 June 2018.
   Article 2
   This Regulation shall enter into force on the third day following that of its publication in the Official Journal of the European Union.

      This Regulation shall be binding in its entirety and directly applicable in all Member States.
      Done at Brussels, 6 December 2017.

            For the Commission

            The President

         Jean-Claude JUNCKER

      (1)  OJ L 176, 27.6.2013, p. 1.

      (2)  Regulation (EU) No 648/2012 of the European Parliament and of the Council of 4 July 2012 on OTC derivatives, central counterparties and trade repositories (OJ L 201, 27.7.2012, p. 1).

      (3)  Commission Implementing Regulation (EU) 2017/954 of 6 June 2017 on the extension of the transitional periods related to own funds requirements for exposures to central counterparties set out in Regulations (EU) No 575/2013 and (EU) No 648/2012 of the European Parliament and of the Council (OJ L 144, 7.6.2017, p. 14).

      (4)  Commission Implementing Decision (EU) 2016/2274 of 15 December 2016 on the equivalence of the regulatory framework for central counterparties in New Zealand in accordance with Regulation (EU) No 648/2012 of the European Parliament and of the Council (OJ L 342, 16.12.2016, p. 54).

      (5)  Commission Implementing Decision (EU) 2016/2269 of 15 December 2016 on the equivalence of the regulatory framework for central counterparties in India in accordance with Regulation (EU) No 648/2012 of the European Parliament and of the Council (OJ L 342, 16.12.2016, p. 38).


title: Commission Implementing Regulation (EU) 2017/2248 of 30 November 2017 concerning the classification of certain goods in the Combined Nomenclature

text:
                  8.12.2017

                  EN

                  Official Journal of the European Union

                  L 324/14

            COMMISSION IMPLEMENTING REGULATION (EU) 2017/2248
      of 30 November 2017
      concerning the classification of certain goods in the Combined Nomenclature
      THE EUROPEAN COMMISSION,
      Having regard to the Treaty on the Functioning of the European Union,
      Having regard to Regulation (EU) No 952/2013 of the European Parliament and of the Council of 9 October 2013 laying down the Union Customs Code (1), and in particular Article 57(4) and Article 58(2) thereof,
      Whereas:

                  (1)

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

                  (2)

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

                  (3)

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

                  (4)

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

                  (5)

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

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

         This Regulation shall be binding in its entirety and directly applicable in all Member States.
         Done at Brussels, 30 November 2017.

               For the Commission,

               On behalf of the President,

            Stephen QUEST

               Director-General

               Directorate-General for Taxation and Customs Union

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

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

         ANNEX

                     Description of the goods

                     Classification
                     (CN code)

                     Reasons

                     (1)

                     (2)

                     (3)

                     An article (so-called ‘guy grip dead end’) made of 6 wires, each having a thickness of 3,25 mm.
                     The wires are of galvanised cold drawn carbon steel. The wires run parallel to each other and are covered by a zinc coating. They are loosely twisted throughout their length and are bent to form a ‘U’ shape.
                     After presentation, the article is used as ‘guying’ for wooden telegraph poles i.e. the wire is closely twisted together to become stranded wire.
                     (See images) (*1)

                     7326 20 00

                     Classification is determined by general rules 1 and 6 for the interpretation of the Combined Nomenclature and by the wording of CN codes 7326  and 7326 20 00 .
                     Classification under heading 7312  as stranded wire, ropes, cables, plaited bands, slings and the like is excluded because the article is not closely twisted (see also Harmonized System Explanatory Notes to heading 7312 , first paragraph and the Explanatory notes to the Combined Nomenclature to subheadings 7312 10 61  to 7312 10 69 ). It only becomes closely twisted when mounted on the telegraph pole.
                     The article is therefore to be classified under CN code 7326 20 00  as other articles of iron and steel wire.

            (*1)  The images are purely for information.


title: Commission Implementing Regulation (EU) 2017/2243 of 30 November 2017 on repealing Implementing Regulation (EU) No 1212/2014 concerning the classification of certain goods in the Combined Nomenclature

text:
               8.12.2017

               EN

               Official Journal of the European Union

               L 324/1

         COMMISSION IMPLEMENTING REGULATION (EU) 2017/2243
   of 30 November 2017
   on repealing Implementing Regulation (EU) No 1212/2014 concerning the classification of certain goods in the Combined Nomenclature
   THE EUROPEAN COMMISSION,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to Regulation (EU) No 952/2013 of the European Parliament and of the Council of 9 October 2013 laying down the Union Customs Code (1), and in particular Article 57(4) and Article 58(2) thereof,
   Whereas:

               (1)

               By Implementing Regulation (EU) No 1212/2014 (2), the Commission classified a solid, cylindrical, threaded product made of titanium alloy and presented for use in the field of trauma surgery under CN code 8108 90 90.

               (2)

               In its judgment in Case C-51/16 (3), the Court of Justice ruled that heading 9021 of the Combined Nomenclature (CN) set out in Annex I to Council Regulation (EEC) No 2658/87 (4), as amended by Commission Implementing Regulation (EU) No 1101/2014 (5), must be interpreted as meaning that medical implant screws such as those at issue in the main proceedings fall under that heading as those goods have characteristics which distinguish them from ordinary goods, in particular taking into account the finish of their manufacture, their high degree of precision, the method of their manufacture and the specificity of their purpose. In particular, the fact that medical implant screws such as those at issue in the main proceedings can be inserted in the body only by means of specific medical tools, not by means of ordinary tools, is one of the characteristics to be taken into consideration in order to distinguish those medical implant screws from ordinary products.

               (3)

               The product covered by Implementing Regulation (EU) No 1212/2014 corresponds to the ISO/TC 150 standards for implant screws, is presented for use in the field of trauma surgery for setting fractures, is presented in a sterilised package, is marked with a number and therefore traceable throughout production and distribution, and is to be installed in the body using specific tools.

               (4)

               Classification of the product covered by Implementing Regulation (EU) No 1212/2014 under CN code 8108 90 90 is therefore not in line with the findings of the Court of Justice in Case C-51/16.

               (5)

               Implementing Regulation (EU) No 1212/2014 should therefore be repealed.

               (6)

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

         HAS ADOPTED THIS REGULATION:
   Article 1
   Implementing Regulation (EU) No 1212/2014 is repealed.
   Article 2
   This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.

      This Regulation shall be binding in its entirety and directly applicable in all Member States.
      Done at Brussels, 30 November 2017.

            For the Commission,

            On behalf of the President,

         Stephen QUEST

            Director-General

            Directorate-General for Taxation and Customs Union

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

      (2)  Commission Implementing Regulation (EU) No 1212/2014 of 11 November 2014 concerning the classification of certain goods in the Combined Nomenclature (OJ L 329, 14.11.2014, p. 3).

      (3)  Judgement of the Court of Justice of 26 April 2017, Stryker EMEA Supply Chain Services, C-51/16, ECLI:EU:C:2017:298.

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

      (5)  Commission Regulation (EU) No 1101//2014 of 16 October 2014 amending Annex I to Council Regulation (EEC) No 2658/87 on the tariff and statistical nomenclature and on the Common Customs Tariff (OJ L 312, 31.10.2014, p. 1).


title: Commission Implementing Regulation (EU) 2017/2244 of 30 November 2017 concerning the classification of certain goods in the Combined Nomenclature

text:
                  8.12.2017

                  EN

                  Official Journal of the European Union

                  L 324/3

            COMMISSION IMPLEMENTING REGULATION (EU) 2017/2244
      of 30 November 2017
      concerning the classification of certain goods in the Combined Nomenclature
      THE EUROPEAN COMMISSION,
      Having regard to the Treaty on the Functioning of the European Union,
      Having regard to Regulation (EU) No 952/2013 of the European Parliament and of the Council of 9 October 2013 laying down the Union Customs Code (1), and in particular Article 57(4) and Article 58(2) thereof,
      Whereas:

                  (1)

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

                  (2)

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

                  (3)

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

                  (4)

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

                  (5)

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

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

         This Regulation shall be binding in its entirety and directly applicable in all Member States.
         Done at Brussels, 30 November 2017.

               For the Commission,

               On behalf of the President,

            Stephen QUEST

               Director-General

               Directorate-General for Taxation and Customs Union

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

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

         ANNEX

                     Description of the goods

                     Classification
                     (CN-code)

                     Reasons

                     (1)

                     (2)

                     (3)

                     A product consisting of two horizontal rails and two vertical rails of extruded aluminium, which together constitute a frame designed to be fixed to the wall by means of screws.
                     The product is designed to serve for the attachment of wall-tile panels.
                     The design of the horizontal rails enables the panels to be slid into them, which facilitates the removal and replacement of the panels when needed.
                     (See image) (*1)

                     7616 99 90

                     Classification is determined by general rules 1 and 6 for the interpretation of the Combined Nomenclature and by the wording of CN codes 7616 , 7616 99  and 7616 99 90 .
                     Classification under heading 8302  as ‘base-metal mountings, fittings and similar articles suitable for furniture, doors, staircases, windows, blinds, coachwork, saddlery, trunks, chests, caskets or the like’ is excluded. The rails are designed for attaching wall-tile panels to the wall and the wall-tile panels are different in nature from the articles that are to be attached using the products of heading 8302  (see also the Harmonized System Explanatory Notes to heading 8302 , second paragraph, (D) and (E)).
                     Consequently, the product is to be classified under CN code 7616 99 90  as ‘other articles of aluminium’.

            (*1)  The image is purely for information.


title: Commission Implementing Regulation (EU) 2017/2245 of 30 November 2017 concerning the classification of certain goods in the Combined Nomenclature

text:
                  8.12.2017

                  EN

                  Official Journal of the European Union

                  L 324/6

            COMMISSION IMPLEMENTING REGULATION (EU) 2017/2245
      of 30 November 2017
      concerning the classification of certain goods in the Combined Nomenclature
      THE EUROPEAN COMMISSION,
      Having regard to the Treaty on the Functioning of the European Union,
      Having regard to Regulation (EU) No 952/2013 of the European Parliament and of the Council of 9 October 2013 laying down the Union Customs Code (1), and in particular Article 57(4) and Article 58(2) thereof,
      Whereas:

                  (1)

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

                  (2)

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

                  (3)

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

                  (4)

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

                  (5)

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

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

         This Regulation shall be binding in its entirety and directly applicable in all Member States.
         Done at Brussels, 30 November 2017.

               For the Commission,

               On behalf of the President,

            Stephen QUEST

               Director-General

               Directorate-General for Taxation and Customs Union

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

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

         ANNEX

                     Description of the goods

                     Classification
                     (CN-code)

                     Reasons

                     (1)

                     (2)

                     (3)

                     An article (so-called ‘bath board’) of plastics with a non-slip surface, measuring approximately 35 × 69 cm.
                     The article has drainage holes, a handle and an integrated soap dish. On the underside it is fitted with four adjustable supports to fit the width of a bath.
                     The bath board can assist the user to climb into and out of the bath and can also be used as a seat or as a tray for bath products.
                     (See image) (*1)

                     3924 90 00

                     Classification is determined by general rules 1 and 6 for the interpretation of the Combined Nomenclature and by the wording of CN codes 3924  and 3924 90 00 .
                     The article is not a piece of furniture, as it is neither designed for placing on the floor or ground, nor to be hung, to be fixed to the wall or to stand one on the other. Therefore, in accordance with note 2 to Chapter 94, classification of the article as a piece of furniture referred to in headings 9401 , 9402  or 9403  is excluded.
                     The article is to be classified under CN code 3924 90 00  as other household articles and hygienic or toilet articles, of plastics.

            (*1)  The image is purely for information.


title: Commission Implementing Regulation (EU) 2017/2246 of 30 November 2017 concerning the classification of certain goods in the Combined Nomenclature

text:
               8.12.2017

               EN

               Official Journal of the European Union

               L 324/8

         COMMISSION IMPLEMENTING REGULATION (EU) 2017/2246
   of 30 November 2017
   concerning the classification of certain goods in the Combined Nomenclature
   THE EUROPEAN COMMISSION,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to Regulation (EU) No 952/2013 of the European Parliament and of the Council of 9 October 2013 laying down the Union Customs Code (1), and in particular Article 57(4) and Article 58(2) thereof,
   Whereas:

               (1)

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

               (2)

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

               (3)

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

               (4)

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

               (5)

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

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

      This Regulation shall be binding in its entirety and directly applicable in all Member States.
      Done at Brussels, 30 November 2017.

            For the Commission,

            On behalf of the President,

         Stephen QUEST

            Director-General

            Directorate-General for Taxation and Customs Union

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

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

      ANNEX

                  Description of the goods

                  Classification
                  (CN-code)

                  Reasons

                  (1)

                  (2)

                  (3)

                  Unexposed aluminum plates (so-called ‘positive thermal plates with laser diode sensitivity’), rectangular in shape, with one side exceeding 255 mm in length, coated on one side with an emulsion (essentially containing alkali-soluble resin, one or more IR (infrared) dyes (photo thermal converter) and a solubility suppressor (colourant)) that is sensitive to infrared laser diodes at a wavelength of 830 nm.
                  They are designed for use with CTP (Computer To Plate technology) equipment for medium to large print runs. To increase the life span of the finished product, the plates undergo a so-called ‘baking’ process to harden the image once it has been developed.

                  3701 30 00

                  Classification is determined by general rules 1 and 6 for the interpretation of the Combined Nomenclature, note 2 to Chapter 37 and by the wording of CN codes 3701  and 3701 30 00 .
                  The product has the objective characteristics of an unexposed photographic plate covered with photosensitive material.
                  Note 2 to Chapter 37 defines the word ‘photographic’ as related to the process by which visible images are formed, directly or indirectly, by the action of light or other forms of radiation on photosensitive surfaces.
                  The photographic plates of Chapter 37 are those with one or more layers of any emulsion sensitive to light or other forms of radiation having sufficient energy to cause the necessary reaction in photon (or photo) sensitive materials, i.e. radiation of a wavelength no longer than approximately 1 300  nm in the electromagnetic spectrum (including gamma-rays, ultra-violet and near-infrared radiation) as well as particle (or nuclear) radiation, whether for reproduction in monochrome or colour (see also the Harmonized System Explanatory Notes (HSEN) to Chapter 37). The wavelength of radiation sensitivity of the sensitised layer of these plates (830 nm) falls within the range of accepted wavelengths of heading 3701 .
                  Classification under CN code 8442 50 00  as printing plates is consequently excluded as sensitised plates of heading 3701  are excluded from heading 8442  (see also the HSEN to heading 8442 , item (B) and HS Classification Opinion 3701.30/1  of 2015).
                  The plates are therefore to be classified under CN code 3701 30 00  as other photographic plates, with any side exceeding 255 mm.


title: Commission Implementing Regulation (EU) 2017/2247 of 30 November 2017 concerning the classification of certain goods in the Combined Nomenclature

text:
                  8.12.2017

                  EN

                  Official Journal of the European Union

                  L 324/11

            COMMISSION IMPLEMENTING REGULATION (EU) 2017/2247
      of 30 November 2017
      concerning the classification of certain goods in the Combined Nomenclature
      THE EUROPEAN COMMISSION,
      Having regard to the Treaty on the Functioning of the European Union,
      Having regard to Regulation (EU) No 952/2013 of the European Parliament and of the Council of 9 October 2013 laying down the Union Customs Code (1), and in particular Article 57(4) and Article 58(2) thereof,
      Whereas:

                  (1)

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

                  (2)

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

                  (3)

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

                  (4)

                  It is appropriate to provide that binding tariff information issued in respect of the goods concerned by this Regulation which does not conform to this Regulation may, for a certain period, continue to be invoked by the holder in accordance with Article 34(9) of Regulation (EU) No 952/2013. That period should be set at 3 months.

                  (5)

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

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

         This Regulation shall be binding in its entirety and directly applicable in all Member States.
         Done at Brussels, 30 November 2017.

               For the Commission,

               On behalf of the President,

            Stephen QUEST

               Director-General

               Directorate-General for Taxation and Customs Union

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

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

         ANNEX

                     Description of the goods

                     Classification
                     (CN code)

                     Reasons

                     (1)

                     (2)

                     (3)

                     An article (so-called ‘heating mat’) with dimensions of approximately 190 × 80 × 4 cm and a weight of approximately 11,5 kg. It is padded and contains a heating element (grid coated with a thin layer of a fabric). The lower part of the mat (below the heating element) is made up of a 1 cm thick layer of foam. The upper outer side of the mat is fitted with a layer of flat and smooth artificial stones containing tourmaline. The article's surface is rigid and bumpy.
                     The article is equipped with a controller connected by a cable and a power connection. The controller has a display showing the set temperature, various indicators, a button for setting the desired temperature and an on/off button.
                     It is designed for heat treatment of various parts of the human body. It can be laid on or sat on. Temperature can be selected in a range of 30-70 °C. The artificial stones emit (after heating them) far infrared rays.
                     See images (*1).

                     8516 79 70

                     Classification is determined by general rules 1 and 6 for the interpretation of the Combined Nomenclature and by the wording of CN codes 8516 , 8516 79  and 8516 79 70 .
                     Classification under heading 9019  as a massage apparatus is excluded as the article does not operate by friction, vibration or any mechanical movement; it is not designed to massage the body. The stones are flat and smooth with specific properties accumulating the heat and emitting it without any friction (see also the Harmonised System Explanatory Notes to heading 9019 , (II)).
                     Classification under heading 9404  as articles of bedding and similar furnishing — mattress or a bed pad, is also excluded as the article is not intended to equip the bed. It is rigid and has a bumpy surface. Therefore, note 1 (a) to Chapter 85 does not apply.
                     The article functions as an apparatus for thermotherapy suitable for domestic use.
                     It is therefore classified under CN code 8516 79 70  as other electrothermic appliances.

            (*1)  The images are purely for information.


title: Commission Implementing Regulation (EU) 2017/2260 of 5 December 2017 amending Council Regulation (EU) 2016/44 concerning restrictive measures in view of the situation in Libya

text:
               8.12.2017

               EN

               Official Journal of the European Union

               L 324/39

         COMMISSION IMPLEMENTING REGULATION (EU) 2017/2260
   of 5 December 2017
   amending Council Regulation (EU) 2016/44 concerning restrictive measures in view of the situation in Libya
   THE EUROPEAN COMMISSION,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to Council Decision (CFSP) 2015/1333 of 31 July 2015 concerning restrictive measures in view of the situation in Libya, and repealing Decision 2011/137/CFSP (1),
   Having regard to Council Regulation (EU) 2016/44 of 18 January 2016 concerning restrictive measures in view of the situation in Libya and repealing Regulation (EU) No 204/2011 (2), and in particular Article 20(b) thereof,
   Whereas:

               (1)

               Annex V to Regulation (EU) 2016/44 lists vessels designated by the United Nations Sanctions Committee in accordance with paragraph 11 of United Nations Security Council Resolution (UNSCR) 2146 (2014). Those vessels are subject to a number of prohibitions under that Regulation, including the prohibition to load, transport or discharge crude oil from Libya and to access ports in the territory of the Union.

               (2)

               On 27 November 2017, the United Nations Security Council Committee amended the identifying data of vessel CAPRICORN subject to restrictive measures. Therefore, Annex V to Regulation (EU) 2016/44 should be amended accordingly.

               (3)

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

         HAS ADOPTED THIS REGULATION:
   Article 1
   Annex V to Regulation (EU) 2016/44 is amended as set out in the Annex to this Regulation.
   Article 2
   This Regulation shall enter into force on the day of its publication in the Official Journal of the European Union.

      This Regulation shall be binding in its entirety and directly applicable in all Member States.
      Done at Brussels, 5 December 2017.

            For the Commission,

            On behalf of the President,

            Head of the Service for Foreign Policy Instruments

      (1)  OJ L 206, 1.8.2015, p. 34.

      (2)  OJ L 12, 19.1.2016, p. 1.

      ANNEX
      Annex V to Regulation (EU) 2016/44 is amended as follows:
      The entry:

         ‘1.   Name: CAPRICORN
         Listed pursuant to paragraphs 10(a) and 10 (b) of resolution 2146 (2014), as extended and modified by paragraph 2 of resolution 2362 (2017) (prohibition to load, transport or discharge; prohibition to enter ports). Pursuant to paragraph 11 of resolution 2146, this designation was renewed by the Committee on 20 October 2017 and is valid until 18 January 2018, unless terminated earlier by the Committee pursuant to paragraph 12 of resolution 2146. Flag State: Tanzania.

            Additional information

         Listed on 21 July 2017. IMO: 8900878. As of 21 September 2017, the vessel was located in international waters off the United Arab Emirates.’,

      is replaced by the following:

         ‘1.   Name: CAPRICORN
         Listed pursuant to paragraphs 10(a) and 10(b) of resolution 2146 (2014), as extended and modified by paragraph 2 of resolution 2362 (2017) (prohibition to load, transport or discharge; prohibition to enter ports). Pursuant to paragraph 11 of resolution 2146, this designation was renewed by the Committee on 20 October 2017 and is valid until 18 January 2018, unless terminated earlier by the Committee pursuant to paragraph 12 of resolution 2146. Flag State: unknown.

            Additional information

         Listed on 21 July 2017. IMO: 8900878. As of 21 September 2017, the vessel was located in international waters off the United Arab Emirates.’


title: Commission Implementing Regulation (EU) 2017/2276 of 8 December 2017 concerning the authorisation of a new use of the preparation of Bacillus subtilis (ATCC PTA-6737) as a feed additive for sows (holder of the authorisation Kemin Europa N.V.) (Text with EEA relevance. )

text:
                  9.12.2017

                  EN

                  Official Journal of the European Union

                  L 326/50

            COMMISSION IMPLEMENTING REGULATION (EU) 2017/2276
      of 8 December 2017
      concerning the authorisation of a new use of the preparation of Bacillus subtilis (ATCC PTA-6737) as a feed additive for sows (holder of the authorisation Kemin Europa N.V.)
      (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 1831/2003 of the European Parliament and of the Council of 22 September 2003 on additives for use in animal nutrition (1), and in particular Article 9(2) thereof,
      Whereas:

                  (1)

                  Regulation (EC) No 1831/2003 provides for the authorisation of additives for use in animal nutrition and for the grounds and procedures for granting such authorisation.

                  (2)

                  In accordance with Article 7 of Regulation (EC) No 1831/2003, an application was submitted for a new use of the preparation Bacillus subtilis (ATCC PTA-6737). That application was accompanied by the particulars and documents required under Article 7(3) of Regulation (EC) No 1831/2003.

                  (3)

                  The application concerns the authorisation of a new use of the preparation of Bacillus subtilis (ATCC PTA-6737) as a feed additive for sows in order to have a benefit in piglets, to be classified in the additive category ‘zootechnical additives’.

                  (4)

                  The preparation of Bacillus subtilis (ATCC PTA-6737), belonging to the additive category of ‘zootechnical additives’, was authorised for 10 years as a feed additive, for chickens for fattening by Commission Regulation (EU) No 107/2010 (2), for chickens reared for laying, ducks for fattening, quails, pheasants, partridges, guinea fowl, pigeons, geese for fattening and ostriches by Commission Implementing Regulation (EU) No 885/2011 (3), for weaned piglets and weaned Suidae other than Sus scrofa domesticus by Commission Implementing Regulation (EU) No 306/2013 (4), for turkeys for fattening and turkeys reared for breeding by Commission Implementing Regulation (EU) No 787/2013 (5) and for laying hens and minor poultry species for laying by Commission Implementing Regulation (EU) 2015/1020 (6).

                  (5)

                  The European Food Safety Authority (‘the Authority’) concluded in its opinion of 16 May 2017 (7) that, under the proposed conditions of use, the preparation of Bacillus subtilis (ATCC PTA-6737) does not have an adverse effect on animal health, human health and the environment. It also concluded that the additive has the potential to improve the growth of piglets from birth to weaning when added to diets of sows from 3 weeks before parturition until weaning of piglets. The Authority does not consider that there is a need for specific requirements of post-market monitoring. It also verified the report on the method of analysis of the feed additive in feed submitted by the Reference Laboratory set up by Regulation (EC) No 1831/2003.

                  (6)

                  The assessment of the preparation of Bacillus subtilis (ATCC PTA-6737) shows that the conditions for authorisation, as provided for in Article 5 of Regulation (EC) No 1831/2003, are satisfied. Accordingly, the use of that preparation should be authorised as specified in the Annex to this Regulation.

                  (7)

                  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
      The preparation specified in the Annex, belonging to the additive category ‘zootechnical additives’ and to the functional group ‘gut flora stabilisers’, is authorised as an additive in animal nutrition subject to the conditions laid down in that Annex.
      Article 2
      This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.

         This Regulation shall be binding in its entirety and directly applicable in all Member States.
         Done at Brussels, 8 December 2017.

               For the Commission

               The President

            Jean-Claude JUNCKER

         (1)  OJ L 268, 18.10.2003, p. 29.

         (2)  Commission Regulation (EU) No 107/2010 of 8 February 2010 concerning the authorisation of Bacillus subtilis ATCC PTA-6737 as a feed additive for chickens for fattening (holder of authorisation Kemin Europa NV) (OJ L 36, 9.2.2010, p. 1).

         (3)  Commission Implementing Regulation (EU) No 885/2011 of 5 September 2011 concerning the authorisation of Bacillus subtilis (ATCC PTA-6737) as a feed additive for chickens reared for laying, ducks for fattening, quails, pheasants, partridges, guinea fowl, pigeons, geese for fattening and ostriches (holder of authorisation Kemin Europa N.V.) (OJ L 229, 6.9.2011, p. 3).

         (4)  Commission Implementing Regulation (EU) No 306/2013 of 2 April 2013 concerning the authorisation of a preparation of Bacillus subtilis (ATCC PTA-6737) for weaned piglets and weaned Suidae other than Sus scrofa domesticus (holder of authorisation Kemin Europa N.V.) (OJ L 91, 3.4.2013, p. 5).

         (5)  Commission Implementing Regulation (EU) No 787/2013 of 16 August 2013 concerning the authorisation of a preparation of Bacillus subtilis (ATCC PTA-6737) as a feed additive for turkeys for fattening and turkeys reared for breeding (holder of authorisation Kemin Europa N.V.) (OJ L 220, 17.8.2013, p. 15).

         (6)  Commission Implementing Regulation (EU) 2015/1020 of 29 June 2015 concerning the authorisation of the preparation of Bacillus subtilis (ATCC PTA-6737) as a feed additive for laying hens and minor poultry species for laying (holder of the authorisation Kemin Europa NV) (OJ L 163, 30.6.2015, p. 22).

         (7)  EFSA Journal 2017; 17(5):4855.

         ANNEX

                     Identification number of the additive

                     Name of the holder of authorisation

                     Additive

                     Composition, chemical formula, description, analytical method

                     Species or category of animal

                     Maximum age

                     Minimum content

                     Maximum content

                     Other provisions

                     End of period of authorisation

                     CFU/kg of complete feedingstuff with a moisture content of 12 %

                        Category of zootechnical additives. Functional group: gut flora stabilisers

                     4b1823

                     Kemin Europa N.V.

                        Bacillus subtilis ATCC PTA-6737

                        Additive composition:

                     Preparation of Bacillus subtilis (ATCC PTA-6737) containing a minimum of 1 × 1010 CFU/g additive
                     Solid form

                        Characterisation of the active substance:

                     Viable spores of Bacillus subtilis (ATCC PTA-6737)

                        Analytical method
                         (1)

                     Enumeration: spread plate method using tryptone soya agar with pre heat-treatment of feed samples.
                     Identification: pulsed-field gel electrophoresis (PFGE) method.

                     Sows

                     —

                     1 × 108

                     —

                                 1.

                                 In the directions for use of the additive and premixture, the storage conditions and stability to heat treatment shall be indicated.

                                 2.

                                 For the use in sows from three weeks before farrowing to whole lactation period.

                                 3.

                                 For users of the additive and premixtures, feed business operators shall establish operational procedures and organisational measures to address potential risks resulting from its use. Where those risks cannot be eliminated or reduced to a minimum by such procedures and measures, the additive and premixtures shall be used with personal protective equipment, including breathing protection.

                     29.12.2027

            (1)  Details of the analytical methods are available at the following address of the Reference Laboratory: https://ec.europa.eu/jrc/en/eurl/feed-additives/evaluation-reports


title: Commission Implementing Regulation (EU) 2017/2273 of 8 December 2017 amending Regulation (EC) No 889/2008 laying down detailed rules for the implementation of Council Regulation (EC) No 834/2007 on organic production and labelling of organic products with regard to organic production, labelling and control (Text with EEA relevance. )

text:
               9.12.2017

               EN

               Official Journal of the European Union

               L 326/42

         COMMISSION IMPLEMENTING REGULATION (EU) 2017/2273
   of 8 December 2017
   amending Regulation (EC) No 889/2008 laying down detailed rules for the implementation of Council Regulation (EC) No 834/2007 on organic production and labelling of organic products with regard to organic production, labelling and control
   (Text with EEA relevance)
   THE EUROPEAN COMMISSION,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to Council Regulation (EC) No 834/2007 of 28 June 2007 on organic production and labelling of organic products and repealing Regulation (EEC) No 2092/91 (1), and in particular Article 22(1) thereof,
   Whereas:

               (1)

               Article 42 of Commission Regulation (EC) No 889/2008 (2) as amended by Commission Implementing Regulation (EU) No 836/2014 (3), allows exceptionally, until 31 December 2017, under certain conditions and when organic reared pullets are not available, for non-organically reared pullets for egg production of not more than 18 weeks to be brought into an organic livestock unit.

               (2)

               Production of organically reared pullets for egg production has not been available in sufficient quality and quantity on the Union market to meet the needs of laying hen farmers. In order to allow more time to develop the production of organic pullets for egg production, the period of application of the exceptional production rules for using non-organically reared pullets for egg production of not more than 18 weeks should be extended until 31 December 2018.

               (3)

               Article 43 of Regulation (EC) No 889/2008 as amended by Implementing Regulation (EU) No 836/2014 allows exceptionally, for calendar years 2015, 2016 and 2017, for a maximum of 5 % of non-organic protein feed to be used for porcine and poultry species.

               (4)

               Organic protein supply has not been available in sufficient quality and quantity on the Union market to meet the nutritional requirements of pigs and poultry raised on organic farms. The production of organic protein crops is still lagging behind demand. It is therefore appropriate to extend the period of the exceptional possibility of using a limited proportion of non-organic protein feed until 31 December 2018.

               (5)

               Regulation (EC) No 889/2008 should therefore be amended accordingly.

               (6)

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

         HAS ADOPTED THIS REGULATION:
   Article 1
   Regulation (EC) No 889/2008 is amended as follows:

               (1)

               In Article 42(b), the date ‘31 December 2017’ is replaced by the date ‘31 December 2018’.

               (2)

               In Article 43, the second subparagraph is replaced by the following:
               ‘The maximum percentage of non-organic protein feed authorised per period of 12 months for those species shall be 5 % for calendar year 2018.’

         Article 2
   This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.
   It shall apply from 1 January 2018.

      This Regulation shall be binding in its entirety and directly applicable in all Member States.
      Done at Brussels, 8 December 2017.

            For the Commission

            The President

         Jean-Claude JUNCKER

      (1)  OJ L 189, 20.7.2007, p. 1.

      (2)  Commission Regulation (EC) No 889/2008 of 5 September 2008 laying down detailed rules for the implementation of Council Regulation (EC) No 834/2007 on organic production and labelling of organic products with regard to organic production, labelling and control (OJ L 250, 18.9.2008, p. 1).

      (3)  Commission Implementing Regulation (EU) No 836/2014 of 31 July 2014 amending Regulation (EC) No 889/2008 laying down detailed rules for the implementation of Council Regulation (EC) No 834/2007 on organic production and labelling of organic products with regard to organic production, labelling and control (OJ L 230, 1.8.2014, p. 10).


title: Commission Implementing Regulation (EU) 2017/2272 of 8 December 2017 entering a name in the register of traditional specialities guaranteed (‘Kabanosy staropolskie’ (TSG))

text:
               9.12.2017

               EN

               Official Journal of the European Union

               L 326/40

         COMMISSION IMPLEMENTING REGULATION (EU) 2017/2272
   of 8 December 2017
   entering a name in the register of traditional specialities guaranteed (‘Kabanosy staropolskie’ (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 26 and Article 52(3)(a) thereof,
   Whereas:

               (1)

               In accordance with Article 26 of Regulation (EU) No 1151/2012, Poland submitted the name ‘Kabanosy staropolskie’ in view of enabling it to be registered in the register of Traditional Specialities Guaranteed provided for in Article 22 of Regulation (EU) No 1151/2012. ‘Kabanosy staropolskie’ are long, thin sticks of dry sausage.

               (2)

               The name ‘Kabanosy’ had previously been registered (2) as traditional speciality guaranteed without reservation of name in accordance with Article 13(1) of Council Regulation (EC) No 509/2006 (3).

               (3)

               Following the national opposition procedure referred to in the second subparagraph of Article 26(1) of Regulation (EU) No 1151/2012, the name ‘Kabanosy’ was complemented by the term ‘staropolskie’. This complementing term identifies the traditional character of the name, in accordance with the third subparagraph of Article 26(1) of Regulation (EU) No 1151/2012.

               (4)

               The submission of the name ‘Kabanosy staropolskie’ was received by the Commission and subsequently published in the Official Journal of the European Union
                   (4).

               (5)

               On 26 August 2016 the Commission received a reasoned statement of opposition. On 9 September 2016 the Commission forwarded the statement of opposition.

               (6)

               Romania claimed that the registration of ‘Kabanosy staropolskie’ would jeopardise the existence of the partially homonymous name ‘Cabanos’, which is the Romanian name of the Romanian variation of ‘Kabanosy’. Indeed, ‘Cabanos’ is the name of Romanian meat preparations having very similar raw materials and production technology to the product ‘Kabanosy staropolskie’ proposed by Poland as a Traditional Speciality Guaranteed (TSG).

               (7)

               Finding the opposition admissible, by letter of 7 November 2016 the Commission invited Poland and Romania to engage in appropriate consultations for a period of 3 months to seek agreement among themselves in accordance with their internal procedures.

               (8)

               An agreement was reached between the parties. Poland communicated the results of the agreement to the Commission by letter of 2 February 2017.

               (9)

               Poland and Romania agreed that the protection should cover only the term ‘Kabanosy staropolskie’ as a whole. Such protection should, therefore, not hinder the use of the term ‘Kabanosy’ per se nor the use of variations thereof such as ‘Cabanos’.

               (10)

               The Commission notes that the agreement recognises that ‘Kabanosy staropolskie’ should be registered as TSG and aims at ensuring fair usage of the related rights.

               (11)

               The name ‘Kabanosy staropolskie’, should therefore be entered in the register of traditional specialities guaranteed,

         HAS ADOPTED THIS REGULATION:
   Article 1
   The name ‘Kabanosy staropolskie’ (TSG) is hereby entered in the register.
   The product specification of the TSG ‘Kabanosy’ shall be deemed to be the specification referred to in Article 19 of Regulation (EU) No 1151/2012 for the TSG ‘Kabanosy staropolskie’ with reservation of name.
   ‘Kabanosy staropolskie’ (TSG) denotes product in Class 1.2. Meat products (cooked, salted, smoked, etc.), as listed in Annex XI to Commission Implementing Regulation (EU) No 668/2014 (5).
   Article 2
   The name ‘Kabanosy staropolskie’ (TSG) is protected as a whole. The term ‘Kabanosy’ may continue to be used, also in linguistic variations and translations thereof, throughout the European Union, provided the principles and rules applicable in the European Union's legal order are respected.
   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, 8 December 2017.

            For the Commission

            The President

         Jean-Claude JUNCKER

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

      (2)  Commission Implementing Regulation (EU) No 1044/2011 of 19 October 2011 entering a name in the register of the traditional specialities guaranteed (Kabanosy (TSG)) (OJ L 275, 20.10.2011, p. 16).

      (3)  Council Regulation (EC) No 509/2006 of 20 March 2006 on agricultural products and foodstuffs as traditional specialities guaranteed (OJ L 93, 31.3.2006, p. 1). Regulation repealed and replaced by Regulation (EU) No 1151/2012.

      (4)  OJ C 188, 27.5.2016, p. 6.

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


title: Commission Implementing Regulation (EU) 2017/2274 of 8 December 2017 concerning the authorisation of a new use of a preparation of 6-phytase (EC 3.1.3.26) produced by Komagataella pastoris (DSM 23036) as a feed additive for fish (holder of authorisation Huvepharma EOOD) (Text with EEA relevance. )

text:
                  9.12.2017

                  EN

                  Official Journal of the European Union

                  L 326/44

            COMMISSION IMPLEMENTING REGULATION (EU) 2017/2274
      of 8 December 2017
      concerning the authorisation of a new use of a preparation of 6-phytase (EC 3.1.3.26) produced by Komagataella pastoris (DSM 23036) as a feed additive for fish (holder of authorisation Huvepharma EOOD)
      (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 1831/2003 of the European Parliament and of the Council of 22 September 2003 on additives for use in animal nutrition (1), and in particular Article 9(2) thereof,
      Whereas:

                  (1)

                  Regulation (EC) No 1831/2003 provides for the authorisation of additives for use in animal nutrition and for the grounds and procedures for granting such authorisation.

                  (2)

                  In accordance with Article 7 of Regulation (EC) No 1831/2003 an application was submitted for the authorisation of a preparation of 6-phytase (EC 3.1.3.26) produced by Komagataella pastoris (DSM 23036) as a feed additive for fish. That application was accompanied by the particulars and documents required under Article 7(3) of Regulation (EC) No 1831/2003.

                  (3)

                  That application concerns the authorisation of a preparation of 6-phytase (EC 3.1.3.26) produced by Komagataella pastoris (DSM 23036) as a feed additive for fish to be classified in the additive category ‘zootechnical additives’.

                  (4)

                  The use of that preparation was authorised for 10 years for chickens and turkeys for fattening, chickens reared for laying, turkeys reared for breeding, laying hens, other avian species for fattening and laying, weaned piglets, pigs for fattening and sows by Commission Implementing Regulation (EU) No 98/2012 (2).

                  (5)

                  The European Food Safety Authority (‘the Authority’) concluded in its opinion of 21 March 2017 (3) that, under the proposed conditions of use, preparation of 6-phytase (EC 3.1.3.26) produced by Komagataella pastoris (DSM 23036) does not have an adverse effect on animal health, human health or the environment. It concluded that the additive has the potential to be efficacious in rainbow trout and salmon and this conclusion can be extrapolated to all finfish. The Authority does not consider that there is a need for specific requirements of post-market monitoring. It also verified the report on the method of analysis of the feed additive in feed submitted by the Reference Laboratory set up by Regulation (EC) No 1831/2003.

                  (6)

                  The assessment of preparation of 6-phytase (EC 3.1.3.26) produced by Komagataella pastoris (DSM 23036) shows that the conditions for authorisation, as provided for in Article 5 of Regulation (EC) No 1831/2003, are satisfied. Accordingly, the use of that preparation should be authorised as specified in the Annex to this Regulation.

                  (7)

                  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
      The preparation specified in the Annex, belonging to the additive category ‘zootechnical additives’ and to the functional group ‘digestibility enhancers’, is authorised as an additive in animal nutrition, subject to the conditions laid down in that Annex.
      Article 2
      This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.

         This Regulation shall be binding in its entirety and directly applicable in all Member States.
         Done at Brussels, 8 December 2017.

               For the Commission

               The President

            Jean-Claude JUNCKER

         (1)  OJ L 268, 18.10.2003, p. 29.

         (2)  Commission Implementing Regulation (EU) No 98/2012 of 7 February 2012 concerning the authorisation of 6-phytase (EC 3.1.3.26) produced by Pichia pastoris (DSM 23036) as a feed additive for chickens and turkeys for fattening, chickens reared for laying, turkeys reared for breeding, laying hens, other avian species for fattening and laying, weaned piglets, pigs for fattening and sows (holder of authorisation Huvepharma AD) OJ L 35, 8.2.2012, p. 6.

         (3)  EFSA Journal 2017;15(4):4763.

         ANNEX

                     Identification number of the additive

                     Name of the holder of authorisation

                     Additive

                     Composition, chemical formula, description, analytical method

                     Species or category of animal

                     Maximum age

                     Minimum content

                     Maximum content

                     Other provisions

                     End of period of authorisation

                     Units of activity/kg of complete feedingstuff with a moisture content of 12 %

                        Category of zootechnical additives. Functional group: digestibility enhancers.

                     4a16

                     Huvepharma EOOD

                     6-phytase
                     (EC 3.1.3.26)

                        Additive composition

                     Preparation 6-phytase (EC 3.1.3.26) produced by Komagataella pastoris (DSM 23036) with a minimum activity of:

                                 4 000  OTU (1)/g in solid form

                                 8 000  OTU/g in liquid form

                        Characterisation of the active substance

                     6-phytase (EC 3.1.3.26) produced by Komagataella pastoris (DSM 23036)

                        Analytical method
                         (2)

                     For quantification of 6-phytase in feed:
                     Colorimetric method based on the quantification of the inorganic phosphate released by the enzyme from the sodium phytate.

                     Fish

                     —

                     500 OTU

                     —

                                 1.

                                 In the directions for use of the additive and premixture, the storage conditions and stability to heat treatment shall be indicated.

                                 2.

                                 For use in feed containing more than 0,23 % phytin-bound phosphorus.

                                 3.

                                 For users of the additive and premixtures, feed business operators shall establish operational procedures and organisational measures to address potential risks resulting from its use. Where those risks cannot be eliminated or reduced to a minimum by such procedures and measures, the additive and premixtures shall be used with protective equipment, including breathing and skin protections.

                     29.12.2027

            (1)  1 OTU is the amount of enzyme that catalyses the release of 1 micromole of inorganic phosphate per minute from 5,1 mM sodium phytate in pH 5,5 citrate buffer at 37 °C, measured as the blue P-molybdate complex colour at 820 nm.

            (2)  Details of the analytical methods are available at the following address of the Reference Laboratory: http://ec.europa.eu/jrc/en/eurl/feed-additives/evaluation-reports.


title: Commission Implementing Regulation (EU) 2017/2275 of 8 December 2017 concerning the authorisation of a new use of the preparation of Lactobacillus acidophilus (CECT 4529) as a feed additive for chickens for fattening (holder of the authorisation Centro Sperimentale del Latte) (Text with EEA relevance. )

text:
                  9.12.2017

                  EN

                  Official Journal of the European Union

                  L 326/47

            COMMISSION IMPLEMENTING REGULATION (EU) 2017/2275
      of 8 December 2017
      concerning the authorisation of a new use of the preparation of Lactobacillus acidophilus (CECT 4529) as a feed additive for chickens for fattening (holder of the authorisation Centro Sperimentale del Latte)
      (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 1831/2003 of the European Parliament and of the Council of 22 September 2003 on additives for use in animal nutrition (1), and in particular Article 9(2) thereof,
      Whereas:

                  (1)

                  Regulation (EC) No 1831/2003 provides for the authorisation of additives for use in animal nutrition and for the grounds and procedures for granting such authorisation.

                  (2)

                  In accordance with Article 7 of Regulation (EC) No 1831/2003, an application was submitted for a new use of the preparation of Lactobacillus acidophilus (CECT 4529). That application was accompanied by the particulars and documents required under Article 7(3) of Regulation (EC) No 1831/2003.

                  (3)

                  The application concerns the authorisation of a new use of the preparation of Lactobacillus acidophilus (CECT 4529) as a feed additive for chickens for fattening to be classified in the additive category ‘zootechnical additives’.

                  (4)

                  The preparation of Lactobacillus acidophilus (CECT 4529) belonging to the additive category of ‘zootechnical additives’, was authorised for 10 years as a feed additive for laying hens by Commission Implementing Regulation (EU) 2015/38 (2).

                  (5)

                  The European Food Safety Authority (‘the Authority’) concluded in its opinion of 21 March 2017 (3) that, under the proposed conditions of use, the preparation of Lactobacillus acidophilus (CECT 4529) does not have an adverse effect on animal health, human health and the environment. It also concluded that the additive has the potential to improve the weight gain/final weight only in two of three studies assessed. Two other studies were excluded due to the unusually high mortality and low growing performance of birds. The Authority does not consider that there is a need for specific requirements of post-market monitoring. It also verified the report on the method of analysis of the feed additive in feed submitted by the Reference Laboratory set up by Regulation (EC) No 1831/2003.

                  (6)

                  However these evidences have been judged as a sufficient indication of the improvement of zootechnical parameters of weight gain. Therefore it was considered that the provided data meet the conditions for the demonstration of the efficacy of the additive for chickens for fattening.

                  (7)

                  The assessment of the preparation of Lactobacillus acidophilus (CECT 4529) shows that the conditions for authorisation, as provided for in Article 5 of Regulation (EC) No 1831/2003, are satisfied. Accordingly, the use of that preparation should be authorised as specified in the Annex to this Regulation.

                  (8)

                  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
      The preparation specified in the Annex, belonging to the additive category ‘zootechnical additives’ and to the functional group ‘gut flora stabilisers’, is authorised as an additive in animal nutrition subject to the conditions laid down in that Annex.
      Article 2
      This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.

         This Regulation shall be binding in its entirety and directly applicable in all Member States.
         Done at Brussels, 8 December 2017.

               For the Commission

               The President

            Jean-Claude JUNCKER

         (1)  OJ L 268, 18.10.2003, p. 29.

         (2)  Commission Implementing Regulation (EU) 2015/38 of 13 January 2015 concerning the authorisation of the preparation of Lactobacillus acidophilus CECT 4529 as a feed additive for laying hens and amending Regulation (EC) No 1520/2007 (holder of authorisation Centro Sperimentale del Latte) (OJ L 8, 14.1.2015, p. 4).

         (3)  EFSA Journal 2017; 15(4):4762.

         ANNEX

                     Identification number of the additive

                     Name of the holder of authorisation

                     Additive

                     Composition, chemical formula, description, analytical method

                     Species or category of animal

                     Maximum age

                     Minimum content

                     Maximum content

                     Other provisions

                     End of period of authorisation

                     CFU/kg of complete feedingstuff with a moisture content of 12 %

                        Category of zootechnical additives. Functional group: gut flora stabilisers

                     4b1715

                     Centro Sperimentale del latte

                        Lactobacillus acidophilus CECT 4529

                        Additive composition:

                     Preparation of Lactobacillus acidophilus CECT 4529 containing a minimum of: 5 × 1010 CFU/g of additive (solid form).

                        Characterisation of the active substance:

                     Viable cells of Lactobacillus acidophilus CECT 4529.

                        Analytical method
                         (1)

                     Enumeration: spread plate method using MRS agar (EN 15787).
                     Identification: Pulsed Field Gel Electrophoresis (PFGE).

                     Chickens for fattening

                     —

                     1 × 109

                     —

                                 1.

                                 In the directions for use of the additive and premixture, the storage conditions and stability to heat treatment shall be indicated.

                                 2.

                                 For users of the additive and premixtures, feed business operators shall establish operational procedures and organisational measures to address potential risks resulting from their use. Where those risks cannot be eliminated or reduced to a minimum by such procedures and measures, the additive and premixtures shall be used with personal protective equipment, including eyes, skin and breathing protection.

                     29.12.2027

            (1)  Details of the analytical methods are available at the following address of the European Union Reference Laboratory for Feed Additives: https://ec.europa.eu/jrc/en/eurl/feed-additives/evaluation-reports


title: Commission Implementing Regulation (EU) 2018/527 of 28 March 2018 approving non-minor amendments to the specification for a name entered in the register of protected designations of origin and protected geographical indications (‘Patata dell'Alto Viterbese’ (PGI))

text:
               5.4.2018

               EN

               Official Journal of the European Union

               L 89/7

         COMMISSION IMPLEMENTING REGULATION (EU) 2018/527
   of 28 March 2018
   approving non-minor amendments to the specification for a name entered in the register of protected designations of origin and protected geographical indications (‘Patata dell'Alto Viterbese’ (PGI))
   THE EUROPEAN COMMISSION,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to Regulation (EU) No 1151/2012 of the European Parliament and of the Council of 21 November 2012 on quality schemes for agricultural products and foodstuffs (1), and in particular Article 52(2) thereof,
   Whereas:

               (1)

               Pursuant to the first subparagraph of Article 53(1) of Regulation (EU) No 1151/2012, the Commission has examined Italy's application for the approval of amendments to the specification for the protected geographical indication ‘Patata dell'Alto Viterbese’, registered under Commission Implementing Regulation (EU) No 159/2014 (2).

               (2)

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

               (3)

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

         HAS ADOPTED THIS REGULATION:
   Article 1
   The amendments to the specification published in the Official Journal of the European Union regarding the name ‘Patata dell'Alto Viterbese’ (PGI) are hereby approved.
   Article 2
   This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.

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

            For the Commission,

            On behalf of the President,

         Phil HOGAN

            Member of the Commission

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

      (2)  Commission Implementing Regulation (EU) No 159/2014 of 13 February 2014 entering a name in the register of protected designations of origin and protected geographical indications (Patata dell'Alto Viterbese (PGI)) (OJ L 52, 21.2.2014, p. 5).

      (3)  OJ C 391, 18.11.2017, p. 14.


title: Commission Implementing Regulation (EU) 2018/554 of 9 April 2018 amending Council Implementing Regulation (EU) No 412/2013 imposing a definitive anti-dumping duty and collecting definitively the provisional duty imposed on imports of ceramic tableware and kitchenware, originating in the People's Republic of China

text:
               10.4.2018

               EN

               Official Journal of the European Union

               L 92/4

         COMMISSION IMPLEMENTING REGULATION (EU) 2018/554
   of 9 April 2018
   amending Council Implementing Regulation (EU) No 412/2013 imposing a definitive anti-dumping duty and collecting definitively the provisional duty imposed on imports of ceramic tableware and kitchenware, originating in the People's Republic of China
   THE EUROPEAN COMMISSION,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to European Parliament and Council Regulation (EU) 2016/1036 of 8 June 2016 on protection against dumped imports from countries not members of the European Union (1) and in particular Article 9(5) thereof,
   Whereas:

               (1)

               With Council Implementing Regulation (EU) No 412/2013 (2) of 13 May 2013, a definitive anti-dumping duty was imposed on imports of ceramic tableware and kitchenware, originating in the People's Republic of China.

               (2)

               On 10 June 2017, a Chinese exporting producer requested the Commission to amend the Implementing Regulation (EU) No 412/2013 to reflect the company's full name in English as mentioned on its business licence. In view of the underlying evidence the Commission accepted this request.

               (3)

               In view of the above Article 1(2) of Regulation (EU) No 412/2013 should be amended accordingly.

               (4)

               This Regulation is in accordance with the opinion of the Committee established by Article 15(1) of Regulation (EU) 2016/1036,

         HAS ADOPTED THIS REGULATION:
   Article 1
   Article 1(2) of Implementing Regulation (EU) No 412/2013 is replaced as follows:

      ‘2.   The rate of the definitive anti-dumping duty applicable to the net, free-at-Union-frontier price, before duty, of the product described in paragraph 1 and produced by the companies listed below, shall be as follows:

                  Company

                  Duty (%)

                  TARIC additional code

                  Hunan Hualian China Industry Co., Ltd; Hunan Hualian Ebillion China Industry Co., Ltd; Hunan Liling Hongguanyao China Industry Co., Ltd; Hunan Hualian Yuxiang China Industry Co., Ltd

                  18,3

                  B349

                  Guangxi Sanhuan Enterprise Group Holding Co., Ltd

                  13,1

                  B350

                  CHL Porcelain Industries Ltd

                  23,4

                  B351

                  Shandong Zibo Niceton-Marck Huaguang Ceramics Limited; Zibo Huatong Ceramics Co., Ltd; Shandong Silver Phoenix Co., Ltd; Niceton Ceramics (Linyi) Co., Ltd; Linyi Jingshi Ceramics Co., Ltd; Linyi Silver Phoenix Ceramics Co., Ltd; Linyi Chunguang Ceramics Co., Ltd; Linyi Zefeng Ceramics Co., Ltd

                  17,6

                  B352

                  Guangxi Province Beiliu City Laotian Ceramics Co., Ltd

                  22,9

                  B353

                  Companies listed in Annex I

                  17,9

                  All other companies

                  36,1

                  B999 ’

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

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

            For the Commission

            The President

         Jean-Claude JUNCKER

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

      (2)  Council Implementing Regulation (EU) No 412/2013 of 13 May 2013 imposing a definitive anti-dumping duty and collecting definitively the provisional duty imposed on ceramic tableware and kitchenware, originating in the People's Republic of China (OJ L 131, 15.5.2013, p. 1).


title: Commission Implementing Regulation (EU) 2018/557 of 9 April 2018 amending Implementing Regulation (EU) No 641/2014 as regards notification on the increase of the single area payment scheme ceiling as referred to in Article 36(4) of Regulation (EU) No 1307/2013 of the European Parliament and of the Council

text:
               11.4.2018

               EN

               Official Journal of the European Union

               L 93/1

         COMMISSION IMPLEMENTING REGULATION (EU) 2018/557
   of 9 April 2018
   amending Implementing Regulation (EU) No 641/2014 as regards notification on the increase of the single area payment scheme ceiling as referred to in Article 36(4) of Regulation (EU) No 1307/2013 of the European Parliament and of the Council
   THE EUROPEAN COMMISSION,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to Regulation (EU) No 1307/2013 of the European Parliament and of the Council of 17 December 2013 establishing rules for direct payments to farmers under support schemes within the framework of the common agricultural policy and repealing Council Regulation (EC) No 637/2008 and Council Regulation (EC) No 73/2009 (1), and in particular Article 36(4) thereof,
   Whereas:

               (1)

               Commission Implementing Regulation (EU) No 641/2014 (2) lays down rules for the application of Regulation (EU) No 1307/2013 establishing rules for direct payments to farmers under support schemes within the framework of the common agricultural policy.

               (2)

               Regulation (EU) No 1307/2013 was amended by Regulation (EU) 2017/2393 of the European Parliament and of the Council (3), which among other added in Article 36(4) of Regulation (EU) No 1307/2013 the possibility for Member States applying the single area payment scheme to increase their single area payment scheme ceiling.

               (3)

               In the light of the changes made in Article 36(4) of Regulation (EU) No 1307/2013, it is necessary to lay down rules on the notification of the increase of the single area payment scheme ceiling.

               (4)

               Implementing Regulation (EU) No 641/2014 should therefore be amended accordingly.

               (5)

               The measures provided for in this Regulation are in accordance with the opinion of the Committee for Direct Payments,

         HAS ADOPTED THIS REGULATION:
   Article 1
   Amendment of Implementing Regulation (EU) No 641/2014
   In Implementing Regulation (EU) No 641/2014 the following Article 16a is inserted:

      ‘Article 16a
      Notification on the increase of the single area payment scheme ceiling as referred to in Article 36(4) of Regulation (EU) No 1307/2013
      Where a Member State notifies the Commission of its decisions pursuant to Article 36(4) of Regulation (EU) No 1307/2013, the information to be submitted to the Commission shall consist in percentages of the annual national ceilings set out in Annex II to that Regulation after deduction of the amount resulting from the application of Article 47(1) of that Regulation for each calendar year from 2018 until 2020.’.

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

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

            For the Commission

            The President

         Jean-Claude JUNCKER

      (1)  OJ L 347, 20.12.2013, p. 608.

      (2)  Commission Implementing Regulation (EU) No 641/2014 of 16 June 2014 laying down rules for the application of Regulation (EU) No 1307/2013 of the European Parliament and of the Council establishing rules for direct payments to farmers under support schemes within the framework of the common agricultural policy (OJ L 181, 20.6.2014, p. 74).

      (3)  Regulation (EU) 2017/2393 of the European Parliament and of the Council of 13 December 2017 amending Regulations (EU) No 1305/2013 on support for rural development by the European Agricultural Fund for Rural Development (EAFRD), (EU) No 1306/2013 on the financing, management and monitoring of the common agricultural policy, (EU) No 1307/2013 establishing rules for direct payments to farmers under support schemes within the framework of the common agricultural policy, (EU) No 1308/2013 establishing a common organisation of the markets in agricultural products and (EU) No 652/2014 laying down provisions for the management of expenditure relating to the food chain, animal health and animal welfare, and relating to plant health and plant reproductive material (OJ L 350, 29.12.2017, p. 15).