title: Commission Implementing Regulation (EU) 2020/913 of 25 June 2020 approving non-minor amendments to the specification for a name entered in the register of protected designations of origin and protected geographical indications [‘Mojama de Barbate’ (PGI)]

text:
                  2.7.2020

                  EN

                  Official Journal of the European Union

                  L 209/2

         COMMISSION IMPLEMENTING REGULATION (EU) 2020/913
         of 25 June 2020
         approving non-minor amendments to the specification for a name entered in the register of protected designations of origin and protected geographical indications [‘Mojama de Barbate’ (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 Spain’s application for the approval of amendments to the specification for the protected geographical indication ‘Mojama de Barbate’, registered under Commission Implementing Regulation (EU) 2015/2110 (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 ‘Mojama de Barbate’ (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, 25 June 2020.

                  On behalf of the President,

                  For the Commission,

               Janusz WOJCIECHOWSKI

                  Member of the Commission

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

            (2)  Commission Implementing Regulation (EU) 2015/2110 of 12 November 2015 entering a name in the register of protected designations of origin and protected geographical indications [Mojama de Barbate (PGI)] (OJ L 306, 24.11.2015, p. 1).

            (3)  OJ C 57, 20.2.2020, p. 25.


title: Commission Implementing Regulation (EU) 2020/914 of 25 June 2020 approving non-minor amendments to the specification for a name entered in the register of protected designations of origin and protected geographical indications (‘Brie de Meaux’ (PDO))

text:
                  2.7.2020

                  EN

                  Official Journal of the European Union

                  L 209/4

         COMMISSION IMPLEMENTING REGULATION (EU) 2020/914
         of 25 June 2020
         approving non-minor amendments to the specification for a name entered in the register of protected designations of origin and protected geographical indications (‘Brie de Meaux’ (PDO))
         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 France’s application for the approval of amendments to the specification for the protected designation of origin ‘Brie de Meaux’, registered under Commission Regulation (EC) No 1107/96 (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 ‘Brie de Meaux’ (PDO) 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, 25 June 2020.

                  For the Commission,

                  On behalf of the President,

               Janusz WOJCIECHOWSKI

                  Member of the Commission

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

            (2)  Commission Regulation (EC) No 1107/96 of 12 June 1996 on the registration of geographical indications and designations of origin under the procedure laid down in Article 17 of Council Regulation (EEC) No 2081/92 (OJ L 148, 21.6.1996, p. 1).

            (3)  OJ C 64, 27.2.2020, p. 41.


title: Commission Implementing Regulation (EU) 2020/916 of 1 July 2020 authorising the extension of use of xylo-oligosaccharides as a novel food under Regulation (EU) 2015/2283 of the European Parliament and of the Council and amending Commission Implementing Regulation (EU) 2017/2470 (Text with EEA relevance)

text:
                  2.7.2020

                  EN

                  Official Journal of the European Union

                  L 209/6

         COMMISSION IMPLEMENTING REGULATION (EU) 2020/916
         of 1 July 2020
         authorising the extension of use of xylo-oligosaccharides as a novel food under Regulation (EU) 2015/2283 of the European Parliament and of the Council and amending Commission Implementing Regulation (EU) 2017/2470
         (Text with EEA relevance)
         THE EUROPEAN COMMISSION,
         Having regard to the Treaty on the Functioning of the European Union,
         Having regard to Regulation (EU) 2015/2283 of the European Parliament and of the Council of 25 November 2015 on novel foods, amending Regulation (EU) No 1169/2011 of the European Parliament and of the Council and repealing Regulation (EC) No 258/97 and Commission Regulation (EC) No 1852/2001 (1), and in particular Article 12 thereof,
         Whereas:

                     (1)

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

                     (2)

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

                     (3)

                     Pursuant to Article 12 of Regulation (EU) 2015/2283, the Commission is to submit a draft implementing act authorising placing on the Union market of a novel food and on the updating of the Union list.

                     (4)

                     Commission Implementing Regulation (EU) 2018/1648 (3) authorised the placing on the Union market of xylo-oligosaccharides as a novel food under Regulation (EU) 2015/2283, to be used in a number of food categories, namely, bread, breakfast cereals, biscuits, soy-drinks, yoghurt, fruit spreads and chocolate confectionery for the general population.

                     (5)

                     On 25 November 2019, the company Shandong Longlive Biotechnology Co. Ltd submitted an application to the Commission to change the conditions of use of the novel xylo-oligosaccharides pursuant to Article 10(1) of Regulation (EU) 2015/2283. The application requested to extend the use of xylo-oligosaccharides in food supplements as defined in Directive 2002/46/EC of the European Parliament and of the Council (4) intended for the general adult population at the maximum use levels of 2 g per day.

                     (6)

                     The Commission considers that a safety evaluation of the current application by the European Food Safety Authority (‘the Authority’) in accordance with Article 10(3) of Regulation (EU) 2015/2283 is not necessary, as the proposed extension of use of xylo-oligosaccharides is covered by the safety assessment conducted by the Authority (5) underlying the authorisation of xylo-oligosaccharides by Implementing Regulation (EU) 2018/1648.

                     (7)

                     In that opinion, the Authority conducted a conservative exposure assessment, using the highest anticipated daily intake based on the assumption that a person would consume all proposed food products containing the maximum added amount of the xylo-oligosaccharides. On the basis of this exposure assessment, the Authority concluded that the resulting highest anticipated daily intake of 7,7 g of xylo-oligosaccharides per day still remains way below both, the daily intake levels of 10–12 g of xylo-oligosaccharides that were associated with acute and transient gastro-intestinal effects in human clinical intervention studies, and below the Dietary Reference Value (‘DRV’) of 25 g of dietary fibre per day for the general adult population previously established by the Authority (6).

                     (8)

                     The intake from the proposed extension of use of xylo-oligosaccharides in food supplements at levels of 2 g per day, combined with the highest intake of 7,7 g xylo-oligosaccharides from its currently authorised uses as a novel food, could result in an overall maximum intake of 9,7 g xylo-oligosaccharides per day. This overall intake level will also be below both the intake levels of 10–12 g of xylo-oligosaccharides that were associated with acute and transient gastro-intestinal effects in human clinical intervention studies, and below the Dietary Reference Value (‘DRV’) of 25 g dietary fibre per day for the general adult population established by the Authority.

                     (9)

                     The information provided in the application and the scientific opinion of the Authority combined with the above considerations give sufficient grounds to establish that the proposed extension of use of the novel food ‘xylo-oligosaccharides’ complies with Article 12 of Regulation (EU) 2015/2283.

                     (10)

                     It is therefore appropriate to amend the conditions of use of xylo-oligosaccharides in the Union list of authorised novel foods by including the use of xylo-oligosaccharides in food supplements intended for the adult population.

                     (11)

                     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 Union list of authorised novel foods, established under Implementing Regulation (EU) 2017/2470, referring to the novel food xylo-oligosaccharides, is amended as specified in the Annex to this Regulation.

            Article 2
            The Annex to Implementing Regulation (EU) 2017/2470 is amended in accordance with the Annex to this Regulation.

            Article 3
            This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.

            This Regulation shall be binding in its entirety and directly applicable in all Member States.
            Done at Brussels, 1 July 2020.

                  For the Commission

                  The President

               Ursula VON DER LEYEN

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

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

            (3)  Commission Implementing Regulation (EU) 2018/1648 of 29 October 2018 authorising the placing on the market of xylo-oligosaccharides as a novel food under Regulation (EU) 2015/2283 of the European Parliament and of the Council and amending Commission Implementing Regulation (EU) 2017/2470 (OJ L 275, 6.11.2018, p. 1).

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

            (5)  Scientific Opinion on the safety of xylo-oligosaccharides as a novel food pursuant to Regulation (EU) 2015/2283 (EFSA Journal 2018;16(7): 5361).

            (6)  Scientific Opinion on Dietary Reference Values for carbohydrates and dietary fibre (EFSA Journal 2010;8(3):1462).

            ANNEX
            In the Annex to Implementing Regulation (EU) 2017/2470, the entry for ‘xylo-oligosaccharides’ in Table 1 (Authorised novel foods) is replaced by the following:

                           Authorised novel food

                           Conditions under which the novel food may be used

                           Additional specific labelling requirements

                           Other requirements

                           ‘Xylo-oligosaccharides

                              Specified food category

                              Maximum levels
                               (*2)

                           The designation of the novel food on the labelling of the foodstuffs containing it shall be “Xylo-oligosaccharides”

                           White bread

                           14 g/kg

                           Wholemeal bread

                           14 g/kg

                           Breakfast cereals

                           14 g/kg

                           Biscuits

                           14 g/kg

                           Soy drink

                           3,5 g/kg

                           Yoghurt (*1)

                           3,5 g/kg

                           Fruit spreads

                           30 g/kg

                           Chocolate confectionery

                           30 g/kg

                           Food supplements as defined in Directive 2002/46/EC for the general adult population

                           2 g/day

               (*1)  When used in milk products xylo-oligosaccharides shall not replace, in whole or in part, any milk constituent.

               (*2)  Maximum levels calculated on the basis of the specifications of Powder form 1.’


title: Commission Implementing Regulation (EU) 2020/917 of 1 July 2020 authorising the placing on the market of infusion from coffee leaves of Coffea arabica L. and/or Coffea canephora Pierre ex A. Froehner as a traditional food from a third country under Regulation (EU) 2015/2283 of the European Parliament and of the Council and amending Implementing Regulation (EU) 2017/2470 (Text with EEA relevance)

text:
                  2.7.2020

                  EN

                  Official Journal of the European Union

                  L 209/10

         COMMISSION IMPLEMENTING REGULATION (EU) 2020/917
         of 1 July 2020
         authorising the placing on the market of infusion from coffee leaves of Coffea arabica L. and/or Coffea canephora Pierre ex A. Froehner as a traditional food from a third country under Regulation (EU) 2015/2283 of the European Parliament and of the Council and amending Implementing Regulation (EU) 2017/2470
         (Text with EEA relevance)
         THE EUROPEAN COMMISSION,
         Having regard to the Treaty on the Functioning of the European Union,
         Having regard to Regulation (EU) 2015/2283 of the European Parliament and of the Council of 25 November 2015 on novel foods, amending Regulation (EU) No 1169/2011 of the European Parliament and of the Council and repealing Regulation (EC) No 258/97 and Commission Regulation (EC) No 1852/2001 (1), and in particular Article 15(4) thereof,
         Whereas:

                     (1)

                     Regulation (EU) 2015/2283 provides that only novel foods authorised and included in the Union list may be placed on the market within the Union. Traditional food from a third country is a novel food defined in Article 3(2)(c) of Regulation (EU) 2015/2283.

                     (2)

                     Commission Implementing Regulation (EU) 2017/2468 (2) lays down administrative and scientific requirements concerning traditional foods from third countries.

                     (3)

                     Pursuant to Article 8 of Regulation (EU) 2015/2283, Commission Implementing Regulation (EU) 2017/2470 (3) establishing a Union list of authorised novel foods was adopted.

                     (4)

                     Pursuant to Article 15(4) of Regulation (EU) 2015/2283, the Commission is to decide on the authorisation and on the placing on the Union market of a traditional food from a third country.

                     (5)

                     On 27 November 2018, the company AM Breweries (‘the applicant’) submitted a notification to the Commission of the intention to place infusion from coffee leaves of Coffea arabica L. and/or Coffea canephora Pierre ex A. Froehner on the Union market as a traditional food from a third country in accordance with Article 14 of Regulation (EU) 2015/2283. The applicant requests for infusion from coffee leaves of Coffea arabica L. and/or Coffea canephora to be used as such or as an ingredient in other beverages by the general population.

                     (6)

                     Pursuant to Article 7(2) of Implementing Regulation (EU) 2017/2468, the Commission requested additional information from the applicant as regards the validity of the notification. The requested information was submitted on 4 June 2019, 21 June 2019, 29 August 2019 and 30 August 2019.

                     (7)

                     The data presented by the applicant demonstrate that infusion from coffee leaves of Coffea arabica L. and/or Coffea canephora as such has a history of safe food use in Africa, Asia and North America.

                     (8)

                     Pursuant to Article 15(1) of Regulation (EU) 2015/2283, on 11 September 2019, the Commission forwarded the valid notification to the Member States and to the European Food Safety Authority (‘the Authority’).

                     (9)

                     No duly reasoned safety objections to the placing on the market within the Union of infusion from coffee leaves of Coffea arabica L. and/or Coffea canephora were submitted to the Commission by the Member States or the Authority within the four-months period laid down in Article 15(2) of Regulation (EU) 2015/2283.

                     (10)

                     On 3 February 2020, the Authority published its ‘Technical Report on the notification of infusion from coffee leaves (Coffea arabica L. and/or Coffea canephora Pierre ex A. Froehner) as a traditional food from a third country pursuant to Article 14 of Regulation (EU) 2015/2283’ (4).

                     (11)

                     In that report, the Authority noted that the leaves of Coffea
                        arabica contain Epigallocatechin gallate (EGCG) and therefore, the presence of EGCG in the infusion from coffee leaves of Coffea arabica L. and/or Coffea canephora cannot be excluded. On that basis, the Authority established a maximum level of 700 mg of EGCG per litre of the infusion. It is therefore appropriate to establish maximum levels of 700 mg/L of EGCG in the specifications of the traditional food in the Union list of authorised novel foods.

                     (12)

                     The Authority concluded that the available data on composition and history of use of the infusion from coffee leaves of Coffea arabica L. and/or Coffea canephora do not raise safety concerns.

                     (13)

                     In addition to the infusion from coffee leaves of Coffea arabica L. and/or Coffea canephora to be used as such, the applicant requested the infusion to be used as an ingredient in other beverages for the general population. The applicant has submitted documented data demonstrating history of safe use in a third country in accordance with Article 14(1)(e) of Regulation (EU) 2015/2283 only for the infusion from coffee leaves of Coffea arabica L. and/or Coffea canephora as such, while no evidence on the use of the infusion as ingredient in other beverages was submitted. The applicant was invited to provide clarification, and possibly revision, of the proposed uses of the infusion, which correspond to the foods in which the infusion is traditionally consumed and for which a history of safe use should have been submitted. However, the applicant did not change the proposed uses and did not provide evidence demonstrating the history of safe food use in a third country of the infusion as ingredient in other beverages. Consequently, in the absence of the required documented data, the Commission is of view that the history of safe food use in a third country has been demonstrated by the applicant only for the infusion from coffee leaves of Coffea arabica L. and/or Coffea canephora as such. Therefore, the notification for the authorisation of the infusion from coffee leaves of Coffea arabica L. and/or Coffea canephora, as far as it concerns its use as an ingredient in other beverages, is considered not valid.

                     (14)

                     The Commission should therefore authorise the placing on the market within the Union of infusion from coffee leaves of Coffea arabica L. and/or Coffea canephora as such and update the Union list of novel foods accordingly.

                     (15)

                     Implementing Regulation (EU) 2017/2470 should therefore be amended accordingly,

               HAS ADOPTED THIS REGULATION:

            Article 1

               1.   The infusion from coffee leaves of Coffea arabica L. and/or Coffea canephora Pierre ex A. Froehner, as specified in the Annex to this Regulation, shall be included in the Union list of authorised novel foods established in Implementing Regulation (EU) 2017/2470.

               2.   The entry in the Union list referred to in paragraph 1 shall include the conditions of use and labelling requirements laid down in the Annex to this Regulation.

            Article 2
            The Annex to Implementing Regulation (EU) 2017/2470 is amended in accordance with the Annex to this Regulation.

            Article 3
            This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.

            This Regulation shall be binding in its entirety and directly applicable in all Member States.
            Done at Brussels, 1 July 2020.

                  For the Commission

                  The President

               Ursula VON DER LEYEN

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

            (2)  Commission Implementing Regulation (EU) 2017/2468 of 20 December 2017 laying down administrative and scientific requirements concerning traditional foods from third countries in accordance with Regulation (EU) 2015/2283 of the European Parliament and of the Council on novel foods (OJ L 351, 30.12.2017, p. 55).

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

            (4)  EFSA Supporting Publication, 2020:EN-1783.

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

                        (1)

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

                                    Authorised novel food

                                    Conditions under which the novel food may be used

                                    Additional specific labelling requirements

                                    Other requirements

                                    “Infusion from coffee leaves of Coffea arabica L. and/or Coffea canephora Pierre ex A. Froehner
                                    (Traditional food from a third country)

                                       Specified food category

                                       Maximum levels

                                    The designation of the novel food on the labelling of the foodstuffs containing it shall be ‘Infusion from coffee leaves of Coffea arabica and/or Coffea canephora’.”

                                    Herbal infusions

                              ’

                        (2)

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

                                    Authorised Novel Food

                                    Specifications

                                    “Infusion from coffee leaves of Coffea arabica L. and/or Coffea canephora Pierre ex A. Froehner
                                    (Traditional food from a third country)

                                       Description/Definition:

                                    The traditional food consists of an infusion of leaves from Coffea arabica L. and/or Coffea canephora Pierre ex A.Froehner (family: Rubiaceae).
                                    The traditional food is prepared by mixing a maximum of 20 g of dried leaves from Coffea arabica L. and/or Coffea canephora Pierre ex A.Froehner with 1 L of hot water. Leaves are removed and the infusion is then subjected to pasteurization (at least 71 °C for 15 seconds).

                                       Composition:

                                    Visual: Brown green liquid
                                    Odour and taste: Characteristic
                                    Chlorogenic acid (5-CQA): < 100 mg/L
                                    Caffeine: < 80 mg/L
                                    Epigallocatechin gallate (EGCG): < 700 mg/L

                                       Microbiological criteria:

                                    Total plate count: < 500 CFU/g
                                    Total yeast and mould count: < 100 CFU/g
                                    Total coliforms: < 100 CFU/g

                                       Escherichia coli: Absence in 1 g

                                       Salmonella: Absence in 25 g

                                       Heavy metals:

                                    Lead (Pb): < 3,0 mg/L
                                    Arsenic (As): < 2,0 mg/L
                                    Cadmium (Cd): < 1,0 mg/L
                                    CFU: Colony Forming Units”

                              ’


title: Commission Implementing Regulation (EU) 2020/918 of 1 July 2020 establishing a derogation from Implementing Regulation (EU) 2019/2072 as regards the requirements for the introduction into the Union of ash wood originating or processed in Canada

text:
                  2.7.2020

                  EN

                  Official Journal of the European Union

                  L 209/14

         COMMISSION IMPLEMENTING REGULATION (EU) 2020/918
         of 1 July 2020
         establishing a derogation from Implementing Regulation (EU) 2019/2072 as regards the requirements for the introduction into the Union of ash wood originating or processed in Canada
         THE EUROPEAN COMMISSION,
         Having regard to the Treaty on the Functioning of the European Union,
         Having regard to Regulation (EU) 2016/2031 of the European Parliament and the Council of 26 October 2016 on protective measures against pests of plants, amending Regulations (EU) No 228/2013, (EU) No 652/2014 and (EU) No 1143/2014 of the European Parliament and of the Council and repealing Council Directives 69/464/EEC, 74/647/EEC, 93/85/EEC, 98/57/EC, 2000/29/EC, 2006/91/EC and 2007/33/EC (1), and in particular Article 41(2) thereof,
         Whereas:

                     (1)

                     Commission Implementing Decision (EU) 2016/412 (2) authorises Member States to provide for a temporary derogation from certain provisions of Council Directive 2000/29/EC (3) in respect of special conditions concerning the introduction into the Union of ash (Fraxinus L.) wood, originating or processed in Canada.

                     (2)

                     Directive 2000/29/EC has been repealed and replaced by Regulation (EU) 2016/2031. Commission Implementing Regulation 2019/2072 (4) setting out rules and requirements concerning the introduction into the Union of certain plants, plant products or other objects has replaced Annexes I to V to that Directive.

                     (3)

                     Pursuant to Article 8(1) of Regulation (EU) 2019/2072, in conjunction with point 87 of Annex VII to that Regulation, the introduction into the Union of ash wood, originating or processed in Canada (‘the specified wood’), is subject to certain special requirements to avoid the risk of infestation into the Union by the pest Agrilus planipennis Fairmaire. Those requirements differ to a certain extent from the requirements set out in Implementing Decision (EU) 2016/412, as regards the introduction into the Union of the specified wood, its inspection and supervision.

                     (4)

                     On the basis of a Commission audit carried out in June 2018, it has been concluded that by applying under its official control the requirements laid down in Implementing Decision (EU) 2016/412, Canada ensures a level of phytosanitary protection which is equivalent to that provided by the requirements set out in point 87 of Annex VII to Implementing Regulation (EU) 2019/2072.

                     (5)

                     Implementing Decision (EU) 2016/412 is to apply until 30 of June 2020. On 27 April 2020, Canada requested a prolongation of that derogation after 30 June 2020.

                     (6)

                     In order to guarantee the continuing imports of ash wood, originating or processed in Canada, it is appropriate to provide for a derogation from Article 8(1) and points 87(a) and (b) of Annex VII to Implementing Regulation (EU) 2019/2072, so as to allow the introduction of the specified wood into the Union subject to compliance with special requirements reflecting, with a few adaptations, those set out in Implementing Decision (EU) 2016/412.

                     (7)

                     This Regulation should apply from 1 July 2020, in order to ensure the continuation of imports of the specified wood.

                     (8)

                     This Regulation should apply until 30 June 2023, in order to allow for the review of its application by that date.

                     (9)

                     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
            Special requirements for a temporary derogation
            By way of derogation from Article 8(1) and point 87(a) and (b) of Annex VII to Implementing Regulation (EU) 2019/2072, the introduction into the Union of ash (Fraxinus L.) wood originating or processed in Canada (‘the specified wood’), shall be subject to compliance with the special requirements set out in Article 2 and Part A of the Annex to this Regulation.
            ‘Specified wood’ is referred to in Part B of the Annex.

            Article 2
            Phytosanitary certificate

               1.   The specified wood shall be accompanied by a phytosanitary certificate issued in Canada, certifying freedom from Union quarantine pests and pests not listed as Union quarantine pests, subject to the measures adopted pursuant to Article 30 of Regulation (EU) 2016/2031 after inspection.

               2.   The phytosanitary certificate shall include under the heading ‘Additional declaration’ the following elements:

                           (a)

                           the statement ‘In accordance with European Union requirements laid down in Commission Implementing Regulation (EU) 2020/918’;

                           (b)

                           the bundle number(s) corresponding to each specific bundle being exported;

                           (c)

                           the name of the approved facility(ies) in Canada.

            Article 3
            Date of expiry
            This Regulation shall expire on 30 June 2023.

            Article 4
            Entry into force and date of application
            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 July 2020.

            This Regulation shall be binding in its entirety and directly applicable in all Member States.
            Done at Brussels, 1 July 2020.

                  For the Commission

                  The President

               Ursula VON DER LEYEN

            (1)  OJ L 317, 23.11.2016, p. 4.

            (2)  Commission Implementing Decision (EU) 2016/412 of 17 March 2016 authorising Member States to provide for a temporary derogation from certain provisions of Council Directive 2000/29/EC in respect of ash wood originating or processed in Canada (OJ L 74, 19.3.2016, p. 41).

            (3)  Council Directive 2000/29/EC of 8 May 2000 on protective measures against the introduction into the Community of organisms harmful to plants or plant products and against their spread within the Community (OJ L 169, 10.7.2000, p. 1).

            (4)  Commission Implementing Regulation (EU) 2019/2072 of 28 November 2019 establishing uniform conditions for the implementation of Regulation (EU) 2016/2031 of the European Parliament and the Council, as regards protective measures against pests of plants, and repealing Commission Regulation (EC) No 690/2008 and amending Commission Implementing Regulation (EU) 2018/2019 (OJ L 319, 10.12.2019, p. 1).

            ANNEX
            PART A
            1.   Processing requirements

            The processing of the specified wood, as referred to in Article 1 must fulfil all the following requirements:
            (a)   Debarking

            The specified wood is debarked, with the exception of any number of visually separate and clearly distinct small pieces of bark which comply with one of the following requirements:

                        (1)

                        they are less than 3 cm in width (regardless of length); or

                        (2)

                        if they are greater than 3 cm in width, the total surface area of each individual piece of bark is less than 50 cm2.

                  (b)   Sawing

            The specified sawn wood is produced from debarked round wood.
            (c)   Heat treatment

            The specified wood is heated through its profile to at least 71 °C for 1 200 minutes in a heat chamber approved by the Canadian Food Inspection Agency (CFIA), or an agency approved by CFIA.
            (d)   Drying

            The specified wood is dried following industrial drying schedules of at least two-week duration, recognised by CFIA.
            The final moisture content of the wood shall not exceed 10 % expressed as a percentage of dry matter.
            2.   Requirements for facilities

            The specified wood must be produced, handled or stored in a facility which fulfils all the following requirements:

                        (a)

                        it is officially approved by CFIA pursuant to its certification programme concerning the pest Agrilus planipennis Fairmaire;

                        (b)

                        it is registered in a database published on the CFIA website;

                        (c)

                        it is audited by CFIA, or an agency approved by CFIA, at least once per month and it has been concluded that it complies with the requirements of this Annex. In the case these audits are performed by an agency approved by CFIA, CFIA must carry out six-monthly audits of this work. The six-monthly audits shall include the verification of the procedures and documentation of the agency and audits at approved facilities;

                        (d)

                        it uses equipment for the treatment of wood which has been calibrated consistently with the equipment’s manual of operation;

                        (e)

                        it keeps records of its procedures for verification by CFIA or an agency approved by CFIA, including the duration of treatment, temperatures during treatment and for each specific bundle to be exported, the compliance check and final moisture content.

                  3.   Labelling

            Each bundle of the specified wood must visibly display both a bundle number and a label with the words ‘HT-KD’ or ‘Heat Treated-Kiln Dried’. That label must be issued by, or under the supervision of, a designated officer of the approved facility after verifying that the processing requirements set out in point 1 and the requirements for facilities set out in point 2 have been complied with.
            4.   Pre-export inspections

            The specified wood destined for the Union must be inspected by CFIA, or an agency officially approved by CFIA, to ensure that the requirements laid down in points 1 and 3 are met.
            PART B

               Specified wood with their respective CN codes

                        1.

                        Wood of Fraxinus L., other than in the form of

                                    —

                                    chips, particles, sawdust, shavings, wood waste and scrap, obtained in whole or part from these trees,

                                    —

                                    wood packaging material, in the form of packing cases, boxes, crates, drums and similar packings, pallets, box pallets and other load boards, pallet collars, dunnage, whether or not actually in use in the transport of objects of all kinds, except dunnage supporting consignments of wood, which is constructed from wood of the same type and quality as the wood in the consignment and which meets the same Union phytosanitary requirements as the wood in the consignment,

                              but including wood which has not kept its natural round surface, and furniture and other objects made of untreated wood

                        ex 4401 12 00
                        ex 4403 12 00
                        ex 4403 99 00
                        ex 4404 20 00
                        ex 4406 12 00
                        ex 4406 92 00
                        4407 95 10
                        4407 95 91
                        4407 95 99
                        ex 4407 99 27
                        ex 4407 99 40
                        ex 4407 99 90
                        ex 4408 90 15
                        ex 4408 90 35
                        ex 4408 90 85
                        ex 4408 90 95
                        ex 4416 00 00
                        ex 9406 10 00


title: Commission Implementing Regulation (EU) 2020/956 of 26 June 2020 concerning the classification of certain goods in the Combined Nomenclature

text:
                  3.7.2020

                  EN

                  Official Journal of the European Union

                  L 211/1

         COMMISSION IMPLEMENTING REGULATION (EU) 2020/956
         of 26 June 2020
         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, 26 June 2020.

                  For the Commission,

                  On behalf of the President,

               Philip KERMODE

                  Acting 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 cuboid shaped article made of an aluminium alloy with dimensions of approximately 370 × 194 × 42 mm. It is equipped with cooling fins and two connections, an inlet and an outlet, for cooling liquid on one side.
                        The article is designed to be placed in the cooling system of the engine (in the so-called short cooling circuit) under the dashboard of motor vehicles of headings 8701 to 8705 with internal combustion piston engines.
                        The article transfers the heat absorbed by the cooling liquid (coming from the engine of the vehicle) to the air. The heated air is subsequently transferred to the interior cabin of the vehicle by means of additional devices which are not included upon presentation.
                        The article also enables the engine to reach its optimum operating temperature in the warm-up phase.

                        8708 91 35

                        Classification is determined by general rules 1 and 6 for the interpretation of the Combined Nomenclature, note 2 (e) to Section XVII, note 3 to Section XVII and by the wording of CN codes 8708, 8708 91  and 8708 91 35 .
                        Classification under subheading 8419 50  as a heat-exchange unit is excluded because, on the basis of its objective characteristics, by transferring the heat absorbed by the cooling liquid to the air, the article performs the function of a radiator for articles of Section XVII (see note 1 (l) to Section XVI, note 2 (e) to Section XVII and note 1 (g) to Chapter 84).
                        Classification under subheading 8708 29  as other parts and accessories of bodies (as a non-electric heating and defrosting appliance which uses the heat produced by the engine of the vehicle as referred to in the Harmonised System Explanatory Notes to heading 8708 (B)) is excluded because the article is not using the heat directly for heating or defrosting but merely transfers the heat absorbed by the cooling liquid to the air.
                        The article is therefore to be classified under CN code 8708 91 35  as radiators for motor vehicles of headings 8701 to 8705.


title: Commission Implementing Regulation (EU) 2020/957 of 26 June 2020 concerning the classification of certain goods in the Combined Nomenclature

text:
                  3.7.2020

                  EN

                  Official Journal of the European Union

                  L 211/4

         COMMISSION IMPLEMENTING REGULATION (EU) 2020/957
         of 26 June 2020
         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, 26 June 2020.

                  For the Commission,

                  On behalf of the President,

               Philip KERMODE

                  Acting 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 forged article (so-called heat sink) made of aluminium (not produced by casting), in the form of a circular plate with a diameter of approximately 50 mm, to which cooling pins with a height of approximately 30, 40 or 50 mm are attached.
                        It it is presented to be used in various products to dissipate the heat produced by LED modules.
                        (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 CN code 9405 99 00  as a part of lamps or lighting fittings is excluded because, upon presentation to customs authorities, the article is not identifiable by its shape or other specific features as a part designed solely or principally for an article under heading 9405 (see also the Harmonised System Explanatory Notes to Chapter 94, Parts, first paragraph).
                        The article is not adapted for use as part of a specific product. Therefore, upon presentation, it cannot be identified as a part of goods of any specific heading (for example, under heading 8539, 8541 or 8543). Consequently, classification as a part of articles is excluded.
                        The article is therefore to be classified under CN code 7616 99 90  as other articles of aluminium not produced by casting.

               (*1)  The image is purely for information.


title: Commission Implementing Regulation (EU) 2020/958 of 26 June 2020 concerning the classification of certain goods in the Combined Nomenclature

text:
                  3.7.2020

                  EN

                  Official Journal of the European Union

                  L 211/7

         COMMISSION IMPLEMENTING REGULATION (EU) 2020/958
         of 26 June 2020
         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, 26 June 2020.

                  For the Commission,

                  On behalf of the President,

               Philip KERMODE

                  Acting 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 presentation box, measuring approximately 21 cm × 21 cm × 8 cm, made of paperboard covered with a decorative paper for display purposes. The article is equipped with an inlay of thin plastics that is shaped to hold several cosmetic products in place. The article has a lid equipped with a window of transparent plastics that displays the cosmetic products.
                        See image (*1).

                        4819 50 00

                        Classification is determined by general rules 1, 3(b) and 6 for the interpretation of the Combined Nomenclature and by the wording of CN codes 4819 and 4819 50 00 .
                        Classification under CN code 4202 99 00  as containers similar to bottle-cases and jewellery boxes is excluded because of the design of the article (especially its solidity), which is not suitable for long-term use. (See also the Harmonised System Explanatory Notes (HSEN) to heading 4202, seventh paragraph, describing objective characteristics for lidded containers similar to jewellery boxes.) The inlay of thin plastics loses its form and cracks and/or breaks after the cosmetic products are taken out and put back several times.
                        The article is to be used for packing, transport and sale of cosmetic products, and also has a decorative value, within the meaning of the HSEN to heading 4819, (A), first paragraph. The inlay holds the cosmetic products in place during transport and the transparent window on the lid of the container displays the cosmetic products for sales purposes.
                        It is the packing container of paperboard that gives the article its essential character and not the inlay of plastics which serves merely to hold the cosmetic products in place.
                        The article is therefore to be classified under CN code 4819 50 00  as other packing containers.

               (*1)  The image is purely for information.


title: Commission Implementing Regulation (EU) 2020/959 of 2 July 2020 fixing the import duties in the cereals sector applicable from 3 July 2020

text:
                  3.7.2020

                  EN

                  Official Journal of the European Union

                  L 211/10

         COMMISSION IMPLEMENTING REGULATION (EU) 2020/959
         of 2 July 2020
         fixing the import duties in the cereals sector applicable from 3 July 2020
         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 183 thereof,
         Whereas:

                     (1)

                     Article 1(1) of Commission Regulation (EU) No 642/2010 (2) states that the import duty on products falling within CN codes 1001 11 00, 1001 19 00, ex 1001 91 20 (common wheat seed), ex 1001 99 00 (high-quality common wheat other than seed), 1002 10 00, 1002 90 00, 1005 10 90, 1005 90 00, 1007 10 90 and 1007 90 00 is to be equal to the intervention price valid for such products on importation and increased by 55 %, minus the cif import price applicable to the consignment in question. However, that duty may not exceed the rate of duty in the Common Customs Tariff.

                     (2)

                     Article 1(2) of Regulation (EU) No 642/2010 lays down that, for the purposes of calculating the import duty referred to in paragraph 1 of that Article, representative cif import prices are to be established on a regular basis for the products referred to in that paragraph.

                     (3)

                     Under Article 2(1) of Regulation (EU) No 642/2010, the import price to be used for the calculation of the import duty on products referred to in Article 1(1) of that Regulation is the daily cif representative import price determined as specified in Article 5 of that Regulation.

                     (4)

                     From 21 September 2017, the import duty on products originating in Canada and falling within CN codes 1001 11 00, 1001 19 00, ex 1001 99 00 (high-quality common wheat other than seed), 1002 10 00 and 1002 90 00 is to be calculated in accordance with Article 2(5) of Regulation (EU) No 642/2010.

                     (5)

                     Import duties should be fixed for the period from 3 July 2020 and should apply until a new import duty is fixed and enters into force.

                     (6)

                     Under Article 2(2) of Regulation (EU) No 642/2010, this Regulation should enter into force on the day of its publication,

               HAS ADOPTED THIS REGULATION:

            Article 1
            From 3 July 2020, the import duties in the cereals sector referred to in Article 1(1) of Regulation (EU) No 642/2010 shall be those fixed in Annex I to this Regulation on the basis of the information contained in Annex II 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, 2 July 2020.

                  For the Commission,

                  On behalf of the President,

               Wolfgang BURTSCHER

                  Director-General

                  Directorate-General for Agriculture and Rural Development

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

            (2)  Commission Regulation (EU) No 642/2010 of 20 July 2010 on rules of application (cereal sector import duties) for Council Regulation (EC) No 1234/2007 (OJ L 187, 21.7.2010, p. 5).

            ANNEX I
            Import duties for the products covered by Article 1(1) of Regulation (EU) No 642/2010 applicable from 3 July 2020

                        CN code

                        Description

                        Import duty (1)
                            (2)

                        (EUR/t)

                        1001 11 00

                        Durum wheat seed

                        0,00

                        1001 19 00

                        High-quality durum wheat, other than seed

                        0,00

                        Medium-quality durum wheat, other than seed

                        0,00

                        Low-quality durum wheat, other than seed

                        0,00

                        ex 1001 91 20

                        Common wheat seed

                        0,00

                        ex 1001 99 00

                        High-quality common wheat, other than seed

                        0,00

                        1002 10 00

                        Rye seed

                        0,00

                        1002 90 00

                        Rye, other than seed

                        0,00

                        1005 10 90

                        Maize seed, other than hybrid

                        0,00

                        1005 90 00

                        Maize, other than seed (3)

                        0,00

                        1007 10 90

                        Grain sorghum, other than hybrids for sowing

                        0,00

                        1007 90 00

                        Grain sorghum, other than seed

                        0,00

               (1)  The importer may, pursuant to Article 2(4) of Regulation (EU) No 642/2010, benefit from a reduction in the duties of:

                        —

                        EUR 3 per tonne, if the port of unloading is located on the Mediterranean Sea (beyond the Strait of Gibraltar) or on the Black Sea and the goods arrive in the Union via the Atlantic Ocean or via the Suez Canal,

                        —

                        EUR 2 per tonne, if the port of unloading is located in Denmark, Estonia, Ireland, Latvia, Lithuania, Poland, Finland, Sweden, the United Kingdom or on the Atlantic coast of the Iberian Peninsula and the goods arrive in the Union via the Atlantic Ocean.

               (2)  For products originating in Canada falling within CN codes 1001 11 00, 1001 19 00, ex 1001 99 00 (high-quality common wheat other than seed), 1002 10 00 and 1002 90 00, the duty shall be calculated in accordance with Article 2(5) of Regulation (EU) No 642/2010.

               (3)  The importer may benefit from a flat-rate reduction of EUR 24 per tonne where the conditions laid down in Article 3 of Regulation (EU) No 642/2010 are met.

            ANNEX II
            Factors for calculating the duties laid down in Annex I

               1.
               Averages over the reference period referred to in Article 2(2) of Regulation (EU) No 642/2010:

                           (EUR/t)

                           Common wheat (1)

                           Maize

                           Exchange

                           Minneapolis

                           Chicago

                           Quotation

                           181,859

                           115,320

                           Gulf of Mexico premium

                           -

                           26,625

                           Great Lakes premium

                           43,090

                           -

               2.
               Averages over the reference period referred to in Article 2(2) of Regulation (EU) No 642/2010:

                           Freight costs: Gulf of Mexico-Rotterdam:

                           16,024

                           Freight costs: Great Lakes-Rotterdam:

                           38,077

               (1)  Positive premium of EUR 14/t incorporated (Article 5(3) of Regulation (EU) No 642/2010).


title: Commission Implementing Regulation (EU) 2020/967 of 3 July 2020 laying down the detailed rules on the signal and implementation characteristics of acoustic deterrent devices as referred to in Part A of Annex XIII of Regulation (EU) 2019/1241 of the European Parliament and of the Council on the conservation of fisheries resources and the protection of marine ecosystems through technical measures

text:
                  6.7.2020

                  EN

                  Official Journal of the European Union

                  L 213/4

         COMMISSION IMPLEMENTING REGULATION (EU) 2020/967
         of 3 July 2020
         laying down the detailed rules on the signal and implementation characteristics of acoustic deterrent devices as referred to in Part A of Annex XIII of Regulation (EU) 2019/1241 of the European Parliament and of the Council on the conservation of fisheries resources and the protection of marine ecosystems through technical measures
         THE EUROPEAN COMMISSION,
         Having regard to the Treaty on the Functioning of the European Union,
         Having regard to Regulation (EU) 2019/1241 of the European Parliament and of the Council of 20 June 2019 on the conservation of fisheries resources and the protection of marine ecosystems through technical measures (1), and in particular Article 24(1)(e) thereof,
         Whereas:

                     (1)

                     A number of acoustic devices have been developed to deter cetaceans from fishing gear, and have proven successful in reducing incidental by-catch of cetacean species in static net fisheries. The use of such devices is required in areas and fisheries with known or foreseeable high levels of by-catch of cetaceans, as established in Annex XIII Part A Point 1.1 of Regulation (EU) 2019/1241.

                     (2)

                     Regulation (EU) 2019/1241 simplifies the existing legal framework for technical conservation measures in the European Union, which had become highly complex over the years. As part of the simplification, Regulation (EU) 2019/1241 repealed Council Regulation (EC) No 812/2004 (2), laying down measures concerning incidental catches of cetaceans in fisheries, and took over only the core technical measures to mitigate incidental catches, such as the requirement to use the fishing gear in specific areas with acoustic deterrent devices to reduce incidental catches of cetaceans.

                     (3)

                     Detailed technical specifications for the efficiency of acoustic deterrent devices that were established in Article 3 and Annex II of Council Regulation (EC) No 812/2004 were not taken over by Regulation (EU) 2019/1241. Accordingly, this Regulation should establish such detailed technical specifications or conditions for the use of acoustic deterrent devices required now under Annex XIII Part A Point 1.1 of Regulation (EU) 2019/1241, similarly to those previously specified in Article 3 and Annex II of Regulation (EC) No 812/2004.

                     (4)

                     Nevertheless, following advice of the Scientific, Technical and Economic Committee for Fisheries (STECF) (3), the development of new acoustic deterrent devices should not be constrained by technical specifications. Member States should, therefore, be allowed, for the purpose of this Regulation, to authorise the use of newly developed and efficient types of acoustic deterrent devices not in conformity with the technical specifications laid down in this Regulation, provided there is evidence that such devices are at least as effective in reducing incidental by-catch of cetacean species as those set in Regulation (EU) 2019/1241 (including further implementing rules adopted under this Regulation). It is therefore appropriate to establish the conditions under which the Member States can authorise use of acoustic deterrent devices that fulfil such alternative technical specifications or conditions.

                     (5)

                     In view of the deficiencies highlighted by reports on the control and implementation of the provisions on technical specifications for the use of the acoustic deterrent devices received by the Commission so far, this Regulation should clarify that the acoustic deterrent devices need to be functional during the whole duration of the fishing operation, and not only at the moment when nets are set.

                     (6)

                     The measures provided for in this Regulation are in accordance with the opinion of the Committee for Fisheries and Aquaculture,

               HAS ADOPTED THIS REGULATION:

            Article 1
            This Regulation establishes detailed rules on the signal and implementation characteristics of acoustic deterrent devices as referred to in Part A of Annex XIII of Regulation (EU) 2019/1241.

            Article 2

               1.   The masters of Union fishing vessels shall ensure that the acoustic deterrent devices referred to in point 1.1 of Annex XIII to Regulation (EU) 2019/1241 are fully operational, during the whole fishing operation.

               2.   Such acoustic deterrent devices shall comply with one of the sets of the technical specifications and conditions of use defined in Annex I to this Regulation.

               3.   By way of derogation from paragraph 2, Member States may authorise the use of acoustic deterrent devices that do not fulfil the technical specifications or conditions of use defined in the Annex, provided that such devices are at least equally effective in the reduction of incidental catches of cetaceans as the acoustic deterrent devices with the technical specifications or conditions defined in the Annex, and this has been duly documented.

               4.   Member States shall inform the Commission of the authorisations issued in accordance with paragraph 3 within two months of the date of issue.

               5.   The notification referred to in paragraph 4 shall be accompanied with detailed technical and scientific information on the acoustic deterrent devices authorised according to paragraph 3 and their effects on incidental catches of cetaceans.

            Article 3
            This Regulation shall enter into force on the thirtieth day following that of its publication in the Official Journal of the European Union.

            This Regulation shall be binding in its entirety and directly applicable in all Member States.
            Done at Brussels, 3 July 2020.

                  For the Commission

                  The President

               Ursula VON DER LEYEN

            (1)  OJ L 198, 25.7.2019, p. 105.

            (2)  Council Regulation (EC) No 812/2004 of 26.4.2004 laying down measures concerning incidental catches of cetaceans in fisheries and amending Regulation (EC) No 88/98 (OJ L 150, 30.4.2004, p. 12).

            (3)  STECF (19-07) of July 2019: https://stecf.jrc.ec.europa.eu/documents/43805/2489016/STECF+19-07+-+Incid+catches+cetaceans.pdf/3485bafd-4350-40af-8d72-0226a68cb86e

            ANNEX
            TECHNICAL SPECIFICATIONS AND CONDITIONS OF USE OF ACOUSTIC DETERRENT DEVICES
            Any acoustic deterrent devices used in application of Article 2(2) shall meet one of the following sets of signal and implementation characteristics:

                        Set 1

                        Set 2

                           Signal characteristics

                        Signal synthesis

                        Digital

                        Analogue

                        Tonal/wide band

                        Wide band/Tonal

                        Tonal

                        Source levels (max-min)
                        Re 1 μPa@1 m

                        145 dB

                        130-150dB

                        Fundamental frequency

                                    (a)

                                    20-160 KHz
                                    Wide band sweeps

                                    (b)

                                    10KHz tonal

                        10 KHz

                        High frequency harmonics

                        Yes

                        Yes

                        Pulse duration (nominal)

                        300 ms

                        300 ms

                        Interpulse interval

                                    (a)

                                    4-30 seconds randomised

                                    (b)

                                    4 seconds

                        4 seconds

                           Implementation characteristics

                        Maximum spacing between two acoustic deterrent devices along nets

                        200 m with one acoustic device fixed at each end of the net (or combination of nets attached together)

                        100 m with one acoustic device fixed at each end of the net (or combination of nets attached together)