title: Commission Implementing Regulation (EU) 2018/1003 of 16 July 2018 amending Implementing Regulation (EU) 2017/1152 to clarify and simplify the correlation procedure and to adapt it to changes to Regulation (EU) 2017/1151 (Text with EEA relevance.)

text:
               17.7.2018

               EN

               Official Journal of the European Union

               L 180/16

         COMMISSION IMPLEMENTING REGULATION (EU) 2018/1003
   of 16 July 2018
   amending Implementing Regulation (EU) 2017/1152 to clarify and simplify the correlation procedure and to adapt it to changes to Regulation (EU) 2017/1151
   (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 510/2011 of the European Parliament and of the Council of 11 May 2011 setting emission performance standards for new light commercial vehicles as part of the Union's integrated approach to reduce CO2 emissions from light duty vehicles (1), and in particular the third subparagraph of Article 13(6) thereof,
   Whereas:

               (1)

               Based on the experience gained from the implementation of Commission Regulation (EU) 2017/1151 (2) and Commission Implementing Regulation (EU) 2017/1152 (3), it has become evident that certain elements of the latter Regulation should be amended.

               (2)

               It is necessary to complement the existing method for defining the end-points of the interpolation line used for calculating the NEDC CO2 emission value of an individual vehicle. Those end-points, which are represented by a test vehicle with the highest CO2 emission values, and test vehicle with the lowest values, should be defined so that the difference between the two test vehicles high and low is equal to or higher than 5 g CO2/km.

               (3)

               In order to avoid that the CO2 emission values of individual vehicles are determined on the basis of interpolation lines that do not provide the minimum difference, it is appropriate that this amendment enters into force without delay.

               (4)

               Where for the purpose of type approval under Regulation (EU) 2017/1151, road load matrix families are used, the calculation of the NEDC CO2 emission value of an individual vehicle belonging to such a family should be simplified by deriving the road load coefficients to be used for the calculation of the NEDC CO2 value from the road load coefficients of the individual vehicle as determined under Regulation (EU) 2017/1151.

               (5)

               As regards incomplete N1 vehicles, the amendment to Annex XII to Regulation (EU) 2017/1151 should be taken into account for the purpose of the determination of the road load coefficients to be used as input to the correlation tool.

               (6)

               In order to ensure a robust correlation output, it is appropriate to add the number of cylinders as an input to be provided for the correlation tool.

               (7)

               The opportunity should also be taken to correct some editorial errors in the text.

               (8)

               The measures provided for in this Regulation are in accordance with the opinion of the Climate Change Committee,

         HAS ADOPTED THIS REGULATION:
   Article 1
   Annex I to Implementing Regulation (EU) 2017/1152 is amended in accordance with the Annex to this Regulation
   Article 2
   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, 16 July 2018.

            For the Commission

            The President

         Jean-Claude JUNCKER

      (1)  OJ L 145, 31.5.2011, p. 1.

      (2)  Commission Regulation (EU) 2017/1151 of 1 June 2017 supplementing Regulation (EC) No 715/2007 of the European Parliament and of the Council on type-approval of motor vehicles with respect to emissions from light passenger and commercial vehicles (Euro 5 and Euro 6) and on access to vehicle repair and maintenance information, amending Directive 2007/46/EC of the European Parliament and of the Council, Commission Regulation (EC) No 692/2008 and Commission Regulation (EU) No 1230/2012 and repealing Regulation (EC) No 692/2008 (OJ L 175, 7.7.2017, p. 1).

      (3)  Commission Implementing Regulation (EU) 2017/1152 of 2 June 2017 setting out a methodology for determining the correlation parameters necessary for reflecting the change in the regulatory test procedure with regard to light commercial vehicles and amending Implementing Regulation (EU) No 293/2012 (OJ L 175, 7.7.2017, p. 644).

      ANNEX
      Annex I is amended as follows:

                  (1)

                  point 2.3.8.1 is replaced by the following:
                  ‘2.3.8.1.   In the case of WLTP road loads being determined in accordance with paragraphs 1-4 and 6 of Sub-Annex 4 to Annex XXI to Regulation (EU) 2017/1151
                  The NEDC road load coefficients for complete N1 vehicles shall be calculated in accordance with the formulae specified in point 2.3.8.1.1 (for vehicle H) and in point 2.3.8.1.2 (for vehicle L) and in accordance with the following points (a) and (b).
                  Unless otherwise specified, the formulae shall apply both in the case of simulations and in the case of physical vehicle tests.
                  The type approval authority, or where applicable, the technical service shall verify if the wind-tunnel facility referred to in paragraph 3.2.3.2.2.3 in Sub-Annex 7 to Annex XXI to Regulation (EU) 2017/1151 is qualified to accurately determine the Δ(Cd × Af) values. If the wind-tunnel facility is not qualified, the highest aerodynamic drag value shall apply for all vehicles in the family.

                              (a)

                              The WLTP road load coefficients and test mass values referred to in those formulae shall be those resulting from vehicle H and L as defined for the interpolation family pursuant to Regulation (EU) 2017/1151.

                              (b)

                              Notwithstanding point (a), where the cycle energy demand of the WLTP vehicle H and/or L, as determined in accordance with paragraph 5 of Sub-Annex 7 to Annex XXI to Regulation (EU) 2017/1151, does not result in the highest, or respectively, the lowest cycle energy demand for the NEDC vehicle H and/or L, the NEDC road load coefficients shall be determined in accordance with either of the following:

                                          (i)

                                          on the basis of the individual vehicle in the interpolation family with the highest, or respectively, the lowest NEDC cycle energy demand;

                                          (ii)

                                          on the basis of the combination of the highest, or respectively, the lowest of each of the road load relevant characteristics, i.e. aerodynamic drag, rolling resistance and mass, taken from any individual vehicle in the interpolation family.

                                    The choice of the procedure set out in points (i) or (ii) shall be made by the manufacturer.

                        Point (b) shall apply for new emission type approvals granted from 1 January 2019, or from an earlier date at the manufacturer's request.’;

                  (2)

                  in point 2.3.8.1.1 the following is inserted as first paragraph:
                  ‘Where this calculation procedure is used for an individual vehicle in accordance with point 4.2.1.4.2, the WLTP road loads and test mass corresponding to the NEDC individual vehicle shall be used with the influence of the optional equipment removed.’;

                  (3)

                  the final paragraph of point 2.3.8.1.1.(c) is replaced by the following:
                  ‘Where the factor F*2w,H is the road load coefficient F2 determined for the WLTP test of vehicle H from which the effect of all optional equipment has been removed.’;

                  (4)

                  the final paragraph of point 2.3.8.1.2.(c) is replaced by the following:
                  ‘Where the factor F*2w,L is the road load coefficient F2 determined for the WLTP test of vehicle L from which the effect of all optional equipment has been removed.’;

                  (5)

                  point 2.3.8.2.1.(b) is replaced by the following:
                  ‘(b)   NEDC road load coefficients where the NEDC tabulated values are not used
                  In the case of vehicles designed for a technically permissible maximum laden mass equal to or exceeding 3 000 kg, the NEDC road load coefficients may, at the request of the manufacturer, be determined in accordance with point 2.3.8.1.’;

                  (6)

                  point 2.3.8.2.2 is replaced by the following:
                  ‘2.3.8.2.2.   Road load determination for incomplete N1 vehicles in accordance with point 2.2 of Annex XII to Regulation (EU) 2017/1151
                  In the case of an incomplete N1 vehicle where the road loads of the representative vehicle has been determined in accordance with paragraph 2.2 of Annex XII and paragraph 5.1 of Sub-Annex 4 to Annex XXI to Regulation (EU) 2017/1151, the NEDC road load to be used as input for the correlation tool simulations shall be determined as follows:

                        Where,

                                 F
                                 0

                                    n,R
                                 , F
                                 1

                                    n,R
                                 , F
                                 2

                                    n,R

                              are the NEDC road load coefficients for the representative vehicle;

                                 T
                                 0

                                    n,R
                                 , T
                                 2

                                    n,R

                              are the NEDC chassis dynamometer coefficients for the representative vehicle determined in accordance with Table 3 of Annex 4a to UN/ECE Regulation No 83;

                                 AW,L/H, BW,L/H, CW,L/H

                              are the chassis dynamometer coefficients for the vehicle used for the preparation of the chassis dynamometer in accordance with points 7 and 8 of Sub-Annex 4 to Annex XXI to Regulation (EU) 2017/1151

                        In the case of a physical vehicle testing, the test shall be performed with the NEDC chassis dynamometer coefficients for vehicle R determined in accordance with Table 3 of Annex 4a to UN/ECE Regulation No 83.’;

                  (7)

                  the following point 2.3.8.3(a) is added:
                  ‘2.3.8.3(a).   Extensions of emission approvals granted pursuant to Regulation (EU) 2017/1151
                  Where an emission approval pursuant to Regulation (EU) 2017/1151 is extended due to the addition of new vehicles to the CO2 interpolation family with NEDC CO2 emissions higher than those of vehicle H or lower than those of vehicle L, the following shall apply for the purpose of the correlation:

                              (a)

                              Where the difference between NEDC vehicle H and L of the interpolation family is equal to or higher than 5 g CO2/km, the NEDC interpolation line determined for that family can be extended, provided that the NEDC CO2 emissions determined pursuant to point 3 on the basis of input data taken from the WLTP vehicle test referred to in point 3.1.1 of Annex I to Regulation (EU) 2017/1151, are equal to or below the CO2 emissions determined on the basis of the NEDC interpolation line;

                              (b)

                              Where the difference between NEDC vehicle H and L is lower than 5 g CO2/km the interpolation line may not be extended.

                        In the case (a), the reference CO2 emissions shall be determined without the selection referred to in points 3.1.1.2 and 3.2.6.
                  In the case (b), or in the case the reference CO2 emissions referred to in point (a) are higher than the interpolation line, the NEDC vehicle H and L shall be determined in accordance with points 2 and 3 of this Annex.
                  Point (a) shall apply with regard to new extensions to new types granted from 1 January 2019, or from an earlier date at the manufacturer's request.’;

                  (8)

                  Table 1 of point 2.4 is amended as follows:

                              (a)

                              in entry 66 the text of the first column is replaced by the following:
                              ‘Interpolation family identification number’;

                              (b)

                              the following entry 68 is added:

                                          ‘68

                                          Number of cylinders

                                          —

                                          Manufacturer declaration

                                             Number (To be provided at the latest from 1 January 2019)’

                  (9)

                  in point 3.1.1.1.(c) the point (i) is replaced by the following:

                              ‘(i)

                              the interpolation family identification number’;

                  (10)

                  in point 3.1.4 the first paragraph is replaced by the following:
                  ‘In the case of incomplete N1 vehicles, the simulated NEDC test of the representative vehicle (vehicle RMSV) shall be performed using the correlation tool and the relevant input data as recorded in the matrix referred to in point 2.4 related to the vehicle H or L with the cycle energy demand closest to that determined for the representative vehicle in accordance with point 4.2.1.5.’;

                  (11)

                  in point 3.3.1 the definition set out in the last paragraph is replaced by the following:

                              ‘CO2,AF,H

                              is the adjustment factor for vehicle H calculated by the ratio between the NEDC CO2 value determined in accordance with point 3.2 and the correlation tool simulated NEDC test results referred to in point 3.1.2 or where applicable, the physical measurement result.’;

                  (12)

                  in point 3.3.2 the definition set out in the last paragraph is replaced by the following:

                              ‘CO2,AF,L

                              is the adjustment factor for vehicle L calculated by the ratio between the NEDC CO2 value determined in accordance with point 3.2 and the correlation tool simulated NEDC test results referred to in point 3.1.3 or where applicable, the physical measurement result.’;

                  (13)

                  in point 3.3.3 the definition set out in the last paragraph is replaced by the following:

                              ‘CO2,AF,R

                              is the adjustment factor for vehicle RMSV calculated by the ratio between the NEDC CO2 value determined in accordance with point 3.2 and the correlation tool simulated NEDC test results referred to in point 3.1.3 or where applicable, the physical measurement result.’;

                  (14)

                  point 4.2.1.4 is replaced by the following:
                  ‘4.2.1.4.   Calculation of the road load for an individual vehicle in a WLTP interpolation family
                  4.2.1.4.1.   Road load coefficients derived from NEDC vehicle H and L
                  The road load coefficients F0,n, F1,n and F2,n for vehicles H and L determined in accordance with point 2.3.8 are referred to as F0n,H, F1n,H and F2n,H and F0n,L, F1n,L and F2n,L respectively.
                  The road load coefficients f0n,ind, f1n,ind and f2n,ind for an individual vehicle shall be calculated in accordance with the following formula:

                     Formula 1(a)

                  For new emission type approvals granted from 1 January 2019, or prior to that date, on the manufacturer's request, the road load coefficients shall be calculated in accordance with the following formula:

                     Formula 1(b)

                  Or, if (TMn,H
                      · RRn,H
                      – TMn,L
                      · RRn,L
                     ) = 0, or, where applicable, (RMn,H
                      · RRn,H
                      – RMn,L
                      · RRn,L
                     ) = 0, Formula 2 shall apply:

                     Formula 2

                     f
                     0

                        n,ind
                      = F
                     0

                        n,H
                      – ΔF0n

                     f
                     1

                        n,ind
                      = F
                     1

                        n,H

                  or, if Δ[Cd × Af]LH,n = 0, Formula 3 shall apply:

                     Formula 3

                     f
                     2

                        n,ind
                      = F
                     2

                        n,H
                      – ΔF2n

                     where:

                                 ΔF
                                 0,n = F
                                 0n,H – F0n,L

                                 ΔF
                                 2,n = F
                                 2n,H – F2n,L

                        4.2.1.4.2.   Road load coefficients derived from WLTP road load coefficients of individual vehicles
                  From 1 January 2019 for new type approvals, and from 1 January 2020 for all new vehicles entering into service, or prior to that date at the request of the manufacturer, the NEDC road loads for an individual vehicle shall be derived from the WLTP road load coefficients of that vehicle in any of the following cases:

                              (a)

                              if the CO2 emission value, the cycle energy demand, or any of the road load coefficients f0, f1 or f2 calculated in accordance with point 4.2.1.4.1, is to be extrapolated from NEDC vehicle H or L;

                              (b)

                              if the road load coefficients for NEDC vehicle H and L are derived from different road load families;

                              (c)

                              if the individual vehicle belongs to a road load family that is different from the road load family of NEDC vehicle H and/or L;

                              (d)

                              if the individual vehicle belongs to a road load matrix family.

                        The NEDC road load coefficients shall, in the cases (a) to (d), be calculated using the formulae set out in point 2.3.8.1.1, where references to vehicle H shall be considered as references to the individual vehicle.
                  In the case (a), CO2 extrapolation may only be performed, if the difference between NEDC vehicle H and L is equal to or higher than 5 g CO2/km. The interpolation line may in that case be extrapolated by a maximum of 3 g CO2/km above the CO2 emissions of vehicle H, or below those of vehicle L. If the extrapolation exceeds 3 g CO2/km, or the difference between NEDC vehicle H and L is lower than 5 g CO2/km, the manufacturer shall determine a new interpolation line for that family in accordance with points 2 and 3 of this Annex.’;

                  (15)

                  point 4.2.1.6 is deleted.


title: Commission Implementing Regulation (EU) 2018/1209 of 27 August 2018 concerning the classification of certain goods in the Combined Nomenclature

text:
                  30.8.2018

                  EN

                  Official Journal of the European Union

                  L 220/7

         COMMISSION IMPLEMENTING REGULATION (EU) 2018/1209
         of 27 August 2018
         concerning the classification of certain goods in the Combined Nomenclature
         THE EUROPEAN COMMISSION,
         Having regard to the Treaty on the Functioning of the European Union,
         Having regard to Regulation (EU) No 952/2013 of the European Parliament and of the Council of 9 October 2013 laying down the Union Customs Code (1), and in particular 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, 27 August 2018.

                  For the Commission,

                  On behalf of the President,

               Stephen QUEST

                  Director-General

                  Directorate-General for Taxation and Customs Union

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

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

            ANNEX

                        Description of the goods

                        Classification
                        (CN code)

                        Reasons

                        (1)

                        (2)

                        (3)

                        Footwear (so-called ‘dancing shoe’) covering the foot but not the calf, open at the vamp.
                        The footwear is made of one piece of textile material sewn together at the sole and the heel counter and has a textile lining. The sole has two leather pieces sewn on, one at the ball of the foot and the other at the heel part.
                        The front textile part of the sole is raffled to create the round shape for the toes.
                        The textile part of the sole between the two leather pieces is raffled and elasticated by means of an elastic band sewn on the inside of the footwear. It serves to tighten the sole from toes to heel when dancing.
                        The footwear has two pieces of cellular foam covered with textile material sewn on the inside above the leather pieces, which are slightly larger than the leather, yet smaller than the sole making contact with the ground when the footwear is in use.
                        The opening of the footwear can be tightened by an elastic string.
                        Two elastic bands are fixed in the quarter area in order to secure the footwear to the foot.
                        When the footwear is in use (worn while standing on the ground) the part of the footwear that does not cover the sides and top of the foot and that makes contact with the ground consists of approximately 33 % leather and approximately 67 % textile materials.
                        See images (*1).

                        6405 20 99

                        Classification is determined by general rules 1 and 6 for the interpretation of the Combined Nomenclature, Note 4 to Chapter 64 and by the wording of CN codes 6405 , 6405 20  and 6405 20 99 .
                        The article is not excluded from Chapter 64 by virtue of Note 1 (b) to Chapter 64 because the article has parts of the outer sole sewn on. Moreover, the raffled front part creates a round shaped relatively hard sole for the toes.
                        As the material of the upper also forms part of the sole, in order to identify the demarcation between the upper and the sole, the sole is considered to be the portion of the footwear that does not cover the sides and the top of the foot (see also the identification of the upper in the Harmonised System Explanatory Notes (HSEN) to Chapter 64, General, (D)).
                        The constituent material of the outer sole is the textile material, because it has the greatest surface area in contact with the ground when the shoe is in use (worn while standing on the ground) within the meaning of Note 4 to Chapter 64 (see also the HSEN to Chapter 64, General, (C)).
                        The article is therefore to be classified under CN code 6405 20 99  as other footwear with uppers and outer soles of textile materials.

               (*1)  The images are purely for information.


title: Commission Implementing Regulation (EU) 2018/1217 of 6 September 2018 amending Implementing Regulation (EU) 2016/2080 as regards the date of entry into storage of the skimmed milk powder sold by a tendering procedure

text:
                  7.9.2018

                  EN

                  Official Journal of the European Union

                  L 226/1

         COMMISSION IMPLEMENTING REGULATION (EU) 2018/1217
         of 6 September 2018
         amending Implementing Regulation (EU) 2016/2080 as regards the date of entry into storage of the skimmed milk powder sold by a tendering procedure
         THE EUROPEAN COMMISSION,
         Having regard to the Treaty on the Functioning of the European Union,
         Having regard to Regulation (EU) No 1308/2013 of the European Parliament and of the Council of 17 December 2013 establishing a common organisation of the markets in agricultural products and repealing Council Regulations (EEC) No 922/72, (EEC) No 234/79, (EC) No 1037/2001 and (EC) No 1234/2007 (1),
         Having regard to Commission Implementing Regulation (EU) 2016/1240 of 18 May 2016 laying down rules for the application of Regulation (EU) No 1308/2013 of the European Parliament and of the Council with regard to public intervention and aid for private storage (2), and in particular Article 28 thereof,
         Whereas:

                     (1)

                     In order to define the quantities of skimmed milk powder covered by the tendering procedure opened by Commission Implementing Regulation (EU) 2016/2080 (3), Article 1 of that Regulation lays down a time limit before which the skimmed milk powder must have entered into public storage.

                     (2)

                     Given the current situation on the milk and milk products market in terms of price recovery and the high level of intervention stocks, it is appropriate that an additional volume of skimmed milk powder is made available for sale by changing the date of entry into storage.

                     (3)

                     Implementing Regulation (EU) 2016/2080 should therefore be amended accordingly.

                     (4)

                     In order to make the skimmed milk powder available for sale without delay, this Regulation should enter into force on the day after its publication in the Official Journal of the European Union.

                     (5)

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

               HAS ADOPTED THIS REGULATION:

            Article 1
            In Article 1 of Implementing Regulation (EU) 2016/2080, the date of ‘1 June 2016’ is replaced by ‘1 July 2016’.

            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, 6 September 2018.

                  For the Commission,

                  On behalf of the President,

               Phil HOGAN

                  Member of the Commission

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

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

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


title: Commission Implementing Regulation (EU) 2018/1218 of 6 September 2018 amending Council Regulation (EC) No 1210/2003 concerning certain specific restrictions on economic and financial relations with Iraq

text:
                  7.9.2018

                  EN

                  Official Journal of the European Union

                  L 226/3

         COMMISSION IMPLEMENTING REGULATION (EU) 2018/1218
         of 6 September 2018
         amending Council Regulation (EC) No 1210/2003 concerning certain specific restrictions on economic and financial relations with Iraq
         THE EUROPEAN COMMISSION,
         Having regard to the Treaty on the Functioning of the European Union,
         Having regard to Council Regulation (EC) No 1210/2003 of 7 July 2003 concerning certain specific restrictions on economic and financial relations with Iraq and repealing Regulation (EC) No 2465/96 (1), and in particular Article 11(b) thereof,
         Whereas:

                     (1)

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

                     (2)

                     On 28 August 2018, the Sanctions Committee of the United Nations Security Council decided to remove one entry from the list of persons or entities to whom the freezing of funds and economic resources should apply.

                     (3)

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

               HAS ADOPTED THIS REGULATION:

            Article 1
            Annex III to Regulation (EC) No 1210/2003 is amended as set out in the Annex to this Regulation.

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

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

                  For the Commission,

                  On behalf of the President,

                  Head of the Service for Foreign Policy Instruments

            (1)  OJ L 169, 8.7.2003, p. 6.

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

                           ‘201.

                           TAJI INDUSTRIAL COMPLEX. Address: P.O. Box 526, Baghdad/Alwyiyah Kadhmiyah/Taji, Baghdad, Iraq.’


title: Commission Implementing Regulation (EU) 2018/1302 of 27 September 2018 amending Council Regulation (EC) No 1210/2003 concerning certain specific restrictions on economic and financial relations with Iraq

text:
                  28.9.2018

                  EN

                  Official Journal of the European Union

                  L 244/79

         COMMISSION IMPLEMENTING REGULATION (EU) 2018/1302
         of 27 September 2018
         amending Council Regulation (EC) No 1210/2003 concerning certain specific restrictions on economic and financial relations with Iraq
         THE EUROPEAN COMMISSION,
         Having regard to the Treaty on the Functioning of the European Union,
         Having regard to Council Regulation (EC) No 1210/2003 of 7 July 2003 concerning certain specific restrictions on economic and financial relations with Iraq and repealing Regulation (EC) No 2465/96 (1), and in particular Article 11(b) thereof,
         Whereas:

                     (1)

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

                     (2)

                     On 24 September 2018, the Sanctions Committee of the United Nations Security Council decided to remove three entries from the list of persons or entities to whom the freezing of funds and economic resources should apply.

                     (3)

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

               HAS ADOPTED THIS REGULATION:

            Article 1
            Annex III to Regulation (EC) No 1210/2003 is amended as set out in the Annex to this Regulation.

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

            This Regulation shall be binding in its entirety and directly applicable in all Member States.
            Done at Brussels, 27 September 2018.

                  For the Commission,

                  On behalf of the President,

                  Head of the Service for Foreign Policy Instruments

            (1)  OJ L 169, 8.7.2003, p. 6.

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

                           ‘61.

                           IRAQI FAIRS ADMINISTRATION. Address: Baghdad International Fair, Al Mansour, P.O. Box 6188, Baghdad, Iraq.’

                           ‘151.

                           STATE ENTERPRISE FOR SHOPPING CENTRES. Addresses: (a) P.O. Box 3095, Al Wahda District, Khalid Bin Al Waleed St., Baghdad, Iraq; (b) P.O. Box 3095, Andalus Square, Baghdad, Iraq.’

                           ‘195.

                           STATE TRADING COMPANY FOR CONSTRUCTION MATERIALS. Addresses: (a) P.O. Box 602-5720, Baghdad, Iraq; (b) Al-Karradah Al Sharkiya, P.O. Box 5720, Baghdad, Iraq.’


title: Commission Implementing Regulation (EU) 2018/1300 of 27 September 2018 amending and derogating from Regulation (EC) No 2535/2001 as regards import licences for dairy products originating in Norway

text:
                  28.9.2018

                  EN

                  Official Journal of the European Union

                  L 244/6

         COMMISSION IMPLEMENTING REGULATION (EU) 2018/1300
         of 27 September 2018
         amending and derogating from Regulation (EC) No 2535/2001 as regards import licences for dairy products originating in Norway
         THE EUROPEAN COMMISSION,
         Having regard to the Treaty on the Functioning of the European Union,
         Having regard to Regulation (EU) No 1308/2013 of the European Parliament and of the Council of 17 December 2013 establishing a common organisation of the markets in agricultural products and repealing Council Regulations (EEC) No 922/72, (EEC) No 234/79, (EC) No 1037/2001 and (EC) No 1234/2007 (1), and in particular Article 187 thereof,
         Whereas:

                     (1)

                     Annex IV to the Agreement in the form of an Exchange of Letters between the European Union and the Kingdom of Norway concerning additional trade preferences in agricultural products (‘the Agreement’), reached on the basis of Article 19 of the Agreement on the European Economic Area and approved by Council Decision (EU) 2018/760 (2), provides for the introduction of new quotas for dairy products.

                     (2)

                     The Agreement enters into force on the first day of the third month following the date of the deposit of the last instrument of approval. The last instrument of approval was notified by Norway on 16 July 2018. The new quota quantities will therefore apply from 1 October 2018.

                     (3)

                     Article 14(1)(b) of Commission Regulation (EC) No 2535/2001 (3) provides that licence applications lodged from 1 to 10 June may be used for imports during the period from 1 July to 31 December following. A new period for the lodging of applications and the issue of import licences should therefore be introduced for the new quotas opened by the Agreement. In addition, in 2018 the validity period of those licenses should start on their date of issue.

                     (4)

                     Section 2 of Chapter I of Title 2 of Regulation (EC) No 2535/2001 provides that applicants for import licences are to be approved in advance by the competent authority of the Member State in which they are established. The relevant requests are to be submitted before 1 April each year. It is necessary to provide for an ad-hoc procedure allowing applicants who have not yet been approved to request for approval for the purposes of the new import quotas opening on 1 October 2018. The relevant derogations form Articles 8, 9 and 10 of Regulation (EC) No 2535/2001 should be provided for.

                     (5)

                     Regulation (EC) No 2535/2001 should therefore be amended and derogated from accordingly.

                     (6)

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

               HAS ADOPTED THIS REGULATION:

            Article 1
            Amendment of Regulation (EC) No 2535/2001
            Regulation (EC) No 2535/2001 is amended as follows:

                        (a)

                        in Article 5, point (h) is replaced by the following:

                                    ‘(h)

                                    the quotas provided for in Annex V to the Agreement between the European Union and the Kingdom of Norway approved by Council Decision 2011/818/EU (*1) and the quotas provided for in Annex IV to the Agreement between the European Union and the Kingdom of Norway approved by Council Decision (EU) 2018/760 (*2) (‘the Agreements with Norway’);

                        (b)

                        in Article 19(1), point (g) is replaced by the following:

                                    ‘(g)

                                    Rules referred to in point 9 of the Agreements with Norway;’;

                        (c)

                        in Annex I, point I.H is replaced by the text in the Annex to this Regulation.

            Article 2
            Derogations from Regulation (EC) No 2535/2001

               1.   By way of derogation from Article 14(1)(b) of Regulation (EC) No 2535/2001, for the quotas bearing order numbers 09.4228 and 09.4229 set out in point I.H of Annex I to that Regulation, an additional allocation period is open in 2018, subject to the following:

                           (a)

                           applications for import licences shall be lodged from 1 to 8 October 2018;

                           (b)

                           Member States shall notify the Commission, by 15 October 2018, of the total quantities, including nil returns, of all applications, expressed in kilogrammes and broken down by order number;

                           (c)

                           import licences shall be issued as of 23 October 2018 until 31 October 2018.

               2.   By way of derogation from Article 16(3) of Regulation (EC) No 2535/2001, import licences issued in October 2018 for the quotas referred to in paragraph 1 of this Article shall be valid from their date of issue until 31 December 2018.

               3.   By way of derogation from Article 8 of Regulation (EC) No 2535/2001, for imports in the periods from 1 October to 31 December 2018 and from 1 January to 30 June 2019 under the quotas referred to in paragraph 1 of this Article, applicants for import licences who have not yet been approved under Articles 8, 9 and 10 of Regulation (EC) No 2535/2001 shall from 1 to 8 October 2018 submit a request for approval to the competent authorities of the Member State in which they are established and in which they are registered for VAT purposes, accompanied by proof that during both 2017 and 2018 they imported into or exported from the Union at least 25 tonnes of milk products covered by Chapter 04 of the Combined Nomenclature.

               4.   By way of derogation from Article 9 of Regulation (EC) No 2535/2001, before 12 October 2018 the competent authorities of the Member States shall inform the applicants of the outcome of the approval procedure referred to in paragraph 3 of this Article and, if approved, of their approval number. The approval shall be valid until 30 June 2019 and shall be considered as valid from 1 October 2018 for the purposes of paragraph 1 of this Article.

               5.   By way of derogation from Article 10(1) of Regulation (EC) No 2535/2001, before 19 October 2018 the competent authorities of the Member States shall notify the Commission of their lists of importers that have been approved pursuant to paragraphs 3 and 4 of this Article. That notification shall contain the approval number, name, address, telephone number and email address of the approved importers. The Commission shall forward those lists to the competent authorities of the other Member States.

            Article 3
            Entry into force and application
            This Regulation shall enter into force on the third day following that of its publication in the Official Journal of the European Union.
            It shall apply from 1 October 2018.

            This Regulation shall be binding in its entirety and directly applicable in all Member States.
            Done at Brussels, 27 September 2018.

                  For the Commission

                  The President

               Jean-Claude JUNCKER

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

            (2)  Council Decision (EU) 2018/760 of 14 May 2018 on the conclusion of the Agreement in the form of an Exchange of Letters between the European Union and the Kingdom of Norway concerning additional trade preferences in agricultural products (OJ L 129, 25.5.2018, p. 1).

            (3)  Commission Regulation (EC) No 2535/2001 of 14 December 2001 laying down detailed rules for applying Council Regulation (EC) No 1255/1999 as regards the import arrangements for milk and milk products and opening tariff quotas (OJ L 341, 22.12.2001, p. 29).

            (*1)  Council Decision 2011/818/EU of 8 November 2011 on the conclusion of the Agreement in the form of an Exchange of Letters between the European Union and the Kingdom of Norway concerning additional trade preferences in agricultural products reached on the basis of Article 19 of the Agreement on the European Economic Area (OJ L 327, 9.12.2011, p. 1).

            (*2)  Council Decision (EU) 2018/760 of 14 May 2018 on the conclusion of an Agreement in the form of an Exchange of Letters between the European Union and the Kingdom of Norway concerning additional trade preferences in agricultural products (OJ L 129, 25.5.2018, p. 1).’;

            ANNEX

               ‘I.H

                  TARIFF QUOTAS UNDER THE AGREEMENTS WITH NORWAY

                  Annual quota from 1 January to 31 December — Quantity in tonnes

                  Applicable duty: exemption

                              Quota order number

                           09.4228

                           09.4229

                           09.4179

                              Description
                               (*1)

                           Whey and modified whey, whether or not concentrated or containing added sugar or other sweetening matter

                           Whey and modified whey, in powder, granules or other solid forms, without added sugar or other sweetening matter, of a protein content ‘nitrogen content × 6,38’ of <= 15 % by weight and a fat content, by weight, of <= 1,5 %

                           Cheese and curd

                              Combined Nomenclature code

                           0404 10

                           0404 10 02

                           0406

                           Quantity for October — December 2018

                           313

                           788

                           Not applicable

                              Annual quantity for 2019 and following years

                           1 250

                           3 150

                           7 200

                           Quantity for January — June

                           625

                           1 575

                           3 600

                           Quantity for July — December

                           625

                           1 575

                           3 600

               (*1)  Notwithstanding the rules for the interpretation of the Combined Nomenclature, the wording for the description of the products is to be considered as having no more than an indicative value, the preferential arrangements being determined, within the context of this Annex, by the coverage of the CN codes.’