title: Commission Implementing Regulation (EU) 2016/315 of 4 March 2016 amending Council Regulation (EC) No 329/2007 concerning restrictive measures against the Democratic People's Republic of Korea

text:
               5.3.2016

               EN

               Official Journal of the European Union

               L 60/62

         COMMISSION IMPLEMENTING REGULATION (EU) 2016/315
   of 4 March 2016
   amending Council Regulation (EC) No 329/2007 concerning restrictive measures against the Democratic People's Republic of Korea
   THE EUROPEAN COMMISSION,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to Council Regulation (EC) No 329/2007 of 27 March 2007 concerning restrictive measures against the Democratic People's Republic of Korea (1), and in particular Article 13(1)(e) thereof,
   Whereas:

               (1)

               Annex IV to Regulation (EC) No 329/2007 lists persons, entities and bodies who, having been designated by the Sanctions Committee or the United Nations Security Council (UNSC) and are covered by the freezing of funds and economic resources under that Regulation.

               (2)

               Annex V to Regulation (EC) No 329/2007 lists persons, entities and bodies who, not having been listed in Annex IV, have been listed by the Council, and are covered by the freezing of funds and economic resources under that Regulation.

               (3)

               On 2nd March 2016, the UNSC decided to add 16 natural persons and 12 entities to the list of persons and entities subject to restrictive measures, and updated the identifying information relating to one person and two entities. Annex IV should therefore be amended accordingly. Annex V should also be amended as seven of the entities and one person appear on that list.

               (4)

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

         HAS ADOPTED THIS REGULATION:
   Article 1
   Regulation (EC) No 329/2007 is amended as follows:

               1.

               Annex IV is amended in accordance with the Annex I to this Regulation.

               2.

               Annex V is amended in accordance with 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, 4 March 2016.

            For the Commission,

            On behalf of the President,

            Head of the Service for Foreign Policy Instruments

      (1)  OJ L 88, 29.3.2007, p. 1.

      ANNEX I
      Annex IV to Regulation (EC) No 329/2007 is amended as follows:

                  (1)

                  The following entries shall be added to Annex IV to regulation (EC) No 329/2007 under the heading ‘Natural persons’:

                              (a)

                              Choe Chun-Sik (alias (a) Choe Chun Sik; (b) Ch'oe Ch'un Sik. Date of birth: 12.10.1954. Nationality: North Korean. Other information: Chun-sik was the director of the Second Academy of Natural Sciences (SANS) and was the head of the DPRK's long-range missile program. Date of designation: 2.3.2016.

                              (b)

                              Choe Song Il. Passport No: (a) 472320665 (Date of Expiration: 26.9.2017), (b) 563120356. Nationality: North Korean. Other information: Tanchon Commercial Bank Representative in Vietnam. Date of designation: 2.3.2016.

                              (c)

                              Hyon Kwang Il (alias Hyon Gwang Il). Date of birth: 27.5.1961. Nationality: North Korean. Other information: Hyon Kwang Il is the Department Director for Scientific Development at the National Aerospace Development Administration. Date of designation: 2.3.2016.

                              (d)

                              Jang Bom Su (alias Jang Pom Su). Date of birth: 15.4.1957. Nationality: North Korean. Other information: Tanchon Commercial Bank Representative in Syria. Date of designation: 2.3.2016.

                              (e)

                              Jang Yong Son. Date of birth: 20.2.1957. Nationality: North Korean. Other information: Korea Mining Development Trading Corporation (KOMID) Representative in Iran. Date of designation: 2.3.2016.

                              (f)

                              Jon Myong Guk (alias Cho'n Myo'ng-kuk). Date of birth: 18.10.1976. Nationality: North Korean. Passport No: 4721202031 (Date of Expiration: 21.2.2017). Other information: Tanchon Commercial Bank Representative in Syria. Date of designation: 2.3.2016.

                              (g)

                              Kang Mun Kil (alias Jiang Wen-ji). Nationality: North Korean. Passport No: PS 472330208 (Date of Expiration: 4.7.2017). Other information: Kang Mun Kil has conducted nuclear procurement activities as a representative of Namchongang, also known as Namhung. Date of designation: 2.3.2016.

                              (h)

                              Kang Ryong. Date of birth: 21.8.1969. Nationality: North Korean. Other information: Korea Mining Development Trading Corporation (KOMID) Representative in Syria. Date of designation: 2.3.2016.

                              (i)

                              Kim Jung Jong (alias Kim Chung Chong). Date of birth: 7.11.1966. Nationality: North Korean. Passport No: (a) 199421147 (Date of Expiration: 29.12.2014), (b) 381110042 (Date of Expiration: 25.1.2016), (c) 563210184 (Date of Expiration: 18.6.2018). Other information: Tanchon Commercial Bank Representative in Vietnam. Date of designation: 2.3.2016.

                              (j)

                              Kim Kyu. Date of birth: 30.7.1968. Nationality: North Korean. Other information: Korea Mining Development Trading Corporation (KOMID) External Affairs Officer. Date of designation: 2.3.2016.

                              (k)

                              Kim Tong My'ong (alias (a) Kim Chin-So'k, (b) Kim Tong-Myong, (c) Kim Jin-Sok; (d) Kim, (e) Hyok-Chol). Year of birth: 1964. Nationality: North Korean. Other information: Kim Tong My'ong is the President of Tanchon Commercial Bank and has held various positions within Tanchon Commercial bank since at least 2002. He has also played a role in managing Amroggang's affairs. Date of designation: 2.3.2016.

                              (l)

                              Kim Yong Chol. Date of birth: 18.2.1962. Nationality: North Korean. Other information: Korea Mining Development Trading Corporation (KOMID) Representative in Iran. Date of designation: 2.3.2016.

                              (m)

                              Ko Tae Hun (alias Kim Myong Gi). Date of birth: 25.5.1972. Nationality: North Korean. Passport No: 563120630 (Date of Expiration: 20.3.2018). Other information: Tanchon Commercial Bank Representative. Date of designation: 2.3.2016.

                              (n)

                              Ri Man Gon. Date of birth: 29.10.1945. Nationality: North Korean. Passport No: PO381230469 (Date of Expiration: 6.4.2016). Other Information: Ri Man Gon is the Minister of the Munitions Industry Department. Date of designation: 2.3.2016.

                              (o)

                              Ryu Jin. Date of birth: 7.8.1965. Nationality: North Korean. Passport No: 563410081. Other information: Korea Mining Development Trading Corporation (KOMID) Representative in Syria. Date of designation: 2.3.2016.

                              (p)

                              Yu Chol U. Nationality: North Korean. Other information: Yu Choi U is the Director of the National Aerospace Development Administration. Date of designation: 2.3.2016.

                  (2)

                  The identifying data for the entry ‘Ra Ky'ong-Su (alias Ra Kyung-Su). Post: Tanchon Commercial Bank (TCB) official. Date of birth: 4.6.1954. Passport no.: 645120196. Other information: Gender: Male. Date of designation: 22.1.2013.’ under the heading ‘Natural persons’ is replaced by the following:
                  ‘Ra Ky'ong-Su (alias (a) Ra Kyung-Su, (b) Chang, Myong Ho). Date of birth: 4.6.1954. Passport no.: 645120196. Other information: (a) Gender: Male, (b) Ra Ky'ong-Su is a Tanchon Commercial Bank (TCB) official. In this capacity he has facilitated transactions for TCB. Tanchon was designated by the Committee in April 2009 as the main DPRK financial entity responsible for sales of conventional arms, ballistic missiles, and goods related to the assembly and manufacture of such weapons. Date of designation: 22.1.2013.’

                  (3)

                  The following entries shall be added to Annex IV to regulation (EC) No 329/2007 under the heading ‘Legal persons, entities and bodies’:

                              (a)

                              Academy of National Defence Science. Location: Pyongyang, Democratic People's Republic of Korea. Other information: The Academy of National Defence Science is involved in the DPRK's efforts to advance the development of its ballistic missile and nuclear weapons programs. Date of designation: 2.3.2016.

                              (b)

                              Chongchongang Shipping Company. (alias Chong Chon Gang Shipping Co. Ltd.). Address: (a) 817 Haeun, Donghung-dong, Central District, Pyongyang, DPRK, (b) 817, Haeum, Tonghun-dong, Chung-gu, Pyongyang, DPRK. Other information: (a) IMO Number: 5342883, (b) The Chongchongang Shipping Company, through its vessel, the Chong Chon Gang, attempted to directly import the illicit shipment of conventional weapons and arms to the DPRK in July 2013. Date of designation: 2.3.2016.

                              (c)

                              Daedong Credit Bank (DCB) (alias (a) DCB, (b) Taedong Credit Bank). Address: (a) Suite 401, Potonggang Hotel, Ansan-Dong, Pyongchon District, Pyongyang, DPRK, (b) Ansan-dong, Botonggang Hotel, Pongchon, Pyongyang, DPRK. Other information: (a) SWIFT: DCBK KKPY, (b) Daedong Credit Bank has provided financial services to the Korea Mining Development Trading Corporation (KOMID) and Tanchon Commercial Bank. Since at least 2007, DCB has facilitated hundreds of financial transactions worth millions of dollars on behalf of KOMID and Tanchon Commercial Bank. In some cases, DCB has knowingly facilitated transactions by using deceptive financial practices. Date of designation: 2.3.2016.

                              (d)

                              Hesong Trading Company (alias Hesong Trading Corporation). Address: Pyongyang, DPRK. Other information: The Korea Mining Development Corporation (KOMID) is the parent company of Hesong Trading Corporation. Date of designation: 2.3.2016.

                              (e)

                              Korea Kwangson Banking Corporation (KKBC) (alias KKBC). Address: Jungson-dong, Sungri Street, Central District, Pyongyang, DPRK. Other information: KKBC provides financial services in support to Tanchon Commercial Bank and Korea Hyoksin Trading Corporation, a subordinate of the Korea Ryonbong General Corporation. Tanchon Commercial Bank has used KKBC to facilitate funds transfers likely amounting to millions of dollars, including transfers involving Korea Mining Development Corporation related funds. Date of designation: 2.3.2016.

                              (f)

                              Korea Kwangsong Trading Corporation. Address: Rakwon-dong, Pothonggang District, Pyongyang, DPRK. Other information: The Korea Ryongbong General Corporation is the parent company of Korea Kwangsong Trading Corporation. Date of designation: 2.3.2016.

                              (g)

                              Ministry Of Atomic Energy Industry (alias MAEI). Address: Haeun-2-dong, Pyongchon District, Pyongyang, DPRK. Other information: The Ministry of Atomic Energy Industry was created in 2013 for the purpose of modernizing the DPRK's atomic energy industry to increase the production of nuclear materials, improve their quality, and further develop an independent DPRK nuclear industry. As such, the MAEI is known to be a critical player in the DPRK's development of nuclear weapons and is in charge of day-to-day operation of the country's nuclear weapons program, and under it are other nuclear- related organizations. Under this ministry are a number of nuclear-related organizations and research centres, as well as two committees: an Isotope Application Committee and a Nuclear Energy Committee. The MAEI also directs a nuclear research centre at Yongbyun, the site of the DPRK's known plutonium facilities. Furthermore, in the 2015 Panel of Experts (POE) report, the POE stated that Ri Je- son, a former director of the GBAE who was designated by the Committee established pursuant to resolution 1718 (2006) in 2009 for engagement in or support for nuclear related programs, was appointed as head of the MAEI on April 9, 2014. Date of designation: 2.3.2016.

                              (h)

                              Munitions Industry Department (alias: Military Supplies Industry Department). Address: Pyongyang, DPRK. Other information: The Munitions Industry Department is involved in key aspects of the DPRK's missile program. MID is responsible for overseeing the development of the DPRK's ballistic missiles, including the Taepo Dong-2. The MID oversees the DPRK's weapons production and R&D programs, including the DPRK's ballistic missile program. The Second Economic Committee and the Second Academy of Natural Sciences — also designated in August 2010 — are subordinate to the MID. The MID in recent years has worked to develop the KN08 road-mobile ICBM. Date of designation: 2.3.2016.

                              (i)

                              National Aerospace Development Administration (alias NADA). Address: DPRK. Other information: NADA is involved in the DPRK's development of space science and technology, including satellite launches and carrier rockets. Date of designation: 2.3.2016.

                              (j)

                              Office 39 (alias (a) Office #39, (b) Office No. 39, (c) Bureau 39, (d) Central Committee Bureau 39, (e) Third Floor, (f) Division 39. Address: DPRK. Other information: DPRK government entity. Date of designation: 2.3.2016.

                              (k)

                              Reconnaissance General Bureau (alias (a) Chongch'al Ch'ongguk, (b) KPA Unit 586, (c) RGB). Address: (a) Hyongjesan- Guyok, Pyongyang, DPRK, (b) Nungrado, Pyongyang, DPRK. Other information: The Reconnaissance General Bureau is the DPRK's premiere intelligence organization, created in early 2009 by the merger of existing intelligence organizations from the Korean Workers' Party, the Operations Department and Office 35, and the Reconnaissance Bureau of the Korean People's Army. The Reconnaissance General Bureau trades in conventional arms and controls the DPRK conventional arms firm Green Pine Associated Corporation. Date of designation: 2.3.2016.

                              (l)

                              Second Economic Committee. Address: Kangdong, DPRK. Other information: The Second Economic Committee is involved in key aspects of the DPRK's missile program. The Second Economic Committee is responsible for overseeing the production of the DPRK's ballistic missiles, and directs the activities of KOMID. Date of designation: 2.3.2016.

                  (4)

                  The identifying data for the following entries under the heading ‘Legal persons, entities and bodies’ are replaced as follows:

                              (a)

                              The entry ‘Namchongang Trading Corporation (aka (a) NCG, (b) Namchongang Trading, (c) Nam Chon Gang Corporation, (d) Nomchongang Trading Co., (e) Nam Chong Gan Trading Corporation). Other information: (a) located in Pyongyang, DPRK; (b) Namchongang is a North Korean trading company subordinate to the GBAE. Namchongang has been involved in the procurement of Japanese-origin vacuum pumps that were identified at a North Korean nuclear facility, as well as nuclear-related procurement associated with a German individual. It has further been involved in the purchase of aluminium tubes and other equipment specifically suitable for a uranium enrichment programme from the late 1990s. Its representative is a former diplomat who served as North Korea's representative for the IAEA inspection of the Yongbyon nuclear facilities in 2007. Namchongang's proliferation activities are of grave concern given North Korea's past proliferation activities. Date of designation: 16.7.2009.’ is replaced by the following:
                              ‘Namchongang Trading Corporation (aka (a) NCG, (b) Namchongang Trading, (c) Nam Chon Gang Corporation, (d) Nomchongang Trading Co., (e) Nam Chong Gan Trading Corporation (f) Namhung Trading Corporation). Other information: (a) located in Pyongyang, DPRK; (b) Namchongang is a North Korean trading company subordinate to the GBAE. Namchongang has been involved in the procurement of Japanese-origin vacuum pumps that were identified at a North Korean nuclear facility, as well as nuclear-related procurement associated with a German individual. It has further been involved in the purchase of aluminium tubes and other equipment specifically suitable for a uranium enrichment programme from the late 1990s. Its representative is a former diplomat who served as North Korea's representative for the IAEA inspection of the Yongbyon nuclear facilities in 2007. Namchongang's proliferation activities are of grave concern given North Korea's past proliferation activities. Date of designation: 16.7.2009.’

                              (b)

                              The entry ‘Ocean Maritime Management Company, Limited (OMM) (aka OMM). Address: (a) Donghung Dong, Central District, PO Box 120, Pyongyang, DPRK; (b) Dongheung-dong Changgwang Street, Chung-Ku, PO Box 125, Pyongyang, DPRK. Other Information: (a) International Maritime Organization (IMO) Number: 1790183; (b) Ocean Maritime Management Company, Limited is the operator/manager of the vessel Chong Chon Gang. It played a key role in arranging the shipment of concealed cargo of arms and related material from Cuba to the DPRK in July 2013. As such, Ocean Maritime Management Company, Limited contributed to activities prohibited by the resolutions, namely the arms embargo imposed by resolution 1718 (2006), as modified by resolution 1874 (2009), and contributed to the evasion of the measures imposed by these resolutions. Date of designation: 30.7.2014.’ is replaced by the following:
                              ‘Ocean Maritime Management Company, Limited (OMM) (aka OMM). Address: (a) Donghung Dong, Central District, PO Box 120, Pyongyang, DPRK; (b) Dongheung-dong Changgwang Street, Chung-Ku, PO Box 125, Pyongyang, DPRK. Other Information: (a) International Maritime Organization (IMO) Number: 1790183; (b) Ocean Maritime Management Company, Limited played a key role in arranging the shipment of concealed cargo of arms and related material from Cuba to the DPRK in July 2013. As such, Ocean Maritime Management Company, Limited contributed to activities prohibited by the resolutions, namely the arms embargo imposed by resolution 1718 (2006), as modified by resolution 1874 (2009), and contributed to the evasion of the measures imposed by these resolutions, (c) Ocean Maritime Management Company, Limited is the operator/manager of the following vessels with IMO Number: (a)Chol Ryong (Ryong Gun Bong) 8606173, (b)Chong Bong (Greenlight) (Blue Nouvelle) 8909575, (c) Chong Rim 2 8916293, (d) Dawnlight 9110236, (e) Ever Bright 88 (J Star) 8914934, (f) Gold Star 3 (benevolence 2) 8405402, (g) Hoe Ryong 9041552, (h) Hu Chang (O Un Chong Nyon) 8330815, (i) Hui Chon (Hwang Gum San 2) 8405270, (j) JH 86 8602531, (k) Ji Hye San (Hyok Sin 2) 8018900, (l) Jin Tai 9163154, (m) Jin Teng 9163166, (n) Kang Gye (Pi Ryu Gang) 8829593, (o) Mi Rim 8713471, (p) Mi Rim 2 9361407, (q) Rang (Po Thong Gang) 8829555, (r) Orion Star (Richocean) 9333589, (s) Ra Nam 2 8625545, (t) Ra Nam 3 9314650, (u) Ryo Myong 8987333, v) Ryong Rim (Jon Jin 2) 8018912, (w) Se Pho (Rak Won 2) 8819017, (x) Songjin (Jang Ja San Chong Nyon Ho) 8133530, (y) South Hill 2 8412467, (z) South Hill 5 9138680, (aa) Tan Chon (Ryon Gang 2) 7640378, (bb) Thae Pyong San (Petrel 1) 9009085, (cc) Tong Hung San (Chong Chon Gang) 7937317, (dd)Grand Karo 8511823, (ee) Tong Hung 8661575. Date of designation: 28.7.2014.’

      ANNEX II
      Annex V to Regulation (EC) No 329/2007 is amended as follows:

                  (1)

                  the following entries under the heading ‘Legal persons, entities and bodies referred to in Article 6(2)(a)’ are deleted:

                              ‘2.

                              Hesong Trading Corporation

                              Location: Pyongyang

                              Controlled by Korea Mining Development Corporation (KOMID) (entity designated by the United Nations, 24.4.2009); primary arms dealer and main exporter of goods and equipment related to ballistic missiles and conventional weapons. Hesong Trading Corporation is involved in supplies with potential use in ballistic missile program.’

                              ‘6.

                              Korea Kwangsong Trading Corporation

                              Location: Rakwon-dong, Pothonggang District, Pyongyang

                              Controlled by Korea Ryonbong General Corporation (entity designated by the United Nations, 24.4.2009); defence conglomerate specialising in acquisition for DPRK defence industries and support to that country's military-related sales.’

                              ‘10.

                              Munitions Industry Department (alias: Military Supplies Industry Department)

                              Location: Pyongyang

                              Responsible for overseeing activities of North Korea's military industries, including the Second Economic Committee (SEC) and KOMID. This includes overseeing the development of North Korea's ballistic missile and nuclear programmes. Until recently, Munitions Industry Department was headed by Jon Pyong Ho; information suggests that former Munitions Industry Department (MID) first vice director Chu Kyu-ch'ang (Ju Gyu-chang) is the current director of the MID, which is publicly referred to as the Machine Building Industry Department. Chu served as the overall supervisor for North Korea's missile development, including oversight of the April 5, 2009 Taepo Dong-2 (TD-2) missile launch and the failed July 2006 TD-2 launch.’

                              ‘12.

                              Reconnaissance General Bureau (RGB) (alias: Chongch'al Ch'ongguk; RGB; KPA Unit 586)

                              Location: Hyongjesan-Guyok, Pyongyang, North Korea; Nungrado, Pyongyang, North Korea

                              The Reconnaissance General Bureau (RGB) is North Korea's premiere intelligence organization, created in early 2009 by the merger of existing intelligence organizations from the Korean Workers' Party, the Operations Department and Office 35, and the Reconnaissance Bureau of the Korean People's Army. It falls under direct command of the Ministry of Defence and is primarily in charge of gathering military intelligence. RGB trades in conventional arms and controls the North Korean conventional arms firm Green Pine Associated Corporation (Green Pine).

                              13.

                              Second Economic Committee

                              The Second Economic Committee is involved in key aspects of North Korea's missile program. The Second Economic Committee is responsible for overseeing the production of North Korea's ballistic missiles. It also directs the activities of KOMID (KOMID was designated by the United Nations, 24.4.2009). It is a national-level organization responsible for research and development of North Korea's advanced weapons systems, including missiles and probably nuclear weapons. It uses a number of subordinate organizations to obtain technology, equipment, and information from overseas, including Korea Tangun Trading Corporation, for use in North Korea's missile and probably nuclear weapons programs.’

                  (2)

                  the following entry under the heading ‘Natural persons referred to in Article 6(2)(b)’ is deleted:

                              ‘3.

                              KIM Tong-Myo'ng (alias: Kim Chin-so'k)

                              Year of birth: 1964 Nationality: North Korean

                              Kim Tong-Myo'ng acts on behalf of Tanchon Commercial Bank (entity designated by the United Nations, 24.4.2009). Kim Dong Myong has held various positions within Tanchon since at least 2002 and is currently Tanchon's president. He has also played a role in managing Amroggang's affairs (owned or controlled by Tanchon Commercial Bank) using the alias Kim Chin-so'k.’

                  (3)

                  the following entries under the heading ‘Legal persons, entities or bodies referred to in Article 6(2)(b)’ are deleted:

                              ‘5.

                              Korea Kwangson Banking Corp. (KKBC) (alias: Korea Kwangson Banking Corp; KKBC)

                              Address: Jungson-dong, Sungri Street, Central District, Pyongyang

                              A subordinate acting on behalf of or at the direction of, owned or controlled by the Korea Ryonbong General Corporation (entity designated by the United Nations, 24.4.2009). Provides financial services in support of both Tanchon Commercial Bank (entity designated by the United Nations, 24.4.2009) and Korea Hyoksin Trading Corporation (entity designated by the United Nations, 16.7.2009); Since 2008, Tanchon Commercial Bank has been utilizing KKBC to facilitate funds transfers likely amounting to millions of dollars, including transfers involving Korea Mining Development Trading Corporation (KOMID) (entity designated by the United Nations, 24.4.2009) related funds from Burma to China in 2009. Additionally, Hyoksin, which the UN described as being involved in the development of weapons of mass destruction, sought to use KKBC in connection with a purchase of dual-use equipment in 2008. KKBC has at least one overseas branch in Dandong, China.

                              6.

                              Office 39 of The Korean Workers' Party (alias: Office #39; Office No. 39; Bureau 39; Central Committee; Third Floor Division 39.)

                              Address: Second KWP Government Building (Korean: Ch'o'ngsa), Chungso'ng, Urban Tower (Korean'Dong), Chung Ward, Pyongyang; Chung-Guyok (Central District), Sosong Street, Kyongrim-Dong, Pyongyang; Changgwang Street, Pyongyang.

                              Office 39 of the Korean Workers' Party engages in illicit economic activity to support the North Korean government. It has branches throughout the nation that raise and manage funds and is responsible for earning foreign currency for North Korea's Korean Workers' Party senior leadership through illicit activities such as narcotics trafficking. Office 39 controls a number of entities inside North Korea and abroad through which it conducts numerous illicit activities including the production, smuggling, and distribution of narcotics. Office 39 has also been involved in the attempted procurement and transfer to North Korea of luxury goods. Office 39 figures among the most important organisations assigned with currency and merchandise acquisition. The entity is said to be directly under the command of KIM Jong-il; it controls several trading companies some of which are active in illicit activities, among them Daesong General Bureau, part of Daesong group, the largest company group of the country. Office 39 according to some sources entertains representation office in Rome, Beijing, Bangkok, Singapore, Hong Kong and Dubai. To the outside Office 39 changes name and appearance regularly. The director of Office 39, JON Il-chun is already listed on the EU sanction list.
                              Office 39 produced methamphetamine in Sangwon, South Pyongan Province and was also involved in the distribution of metham-phetamine to small-scale North Korean smugglers for distribution through China and South Korea. Office 39 also operates poppy farms in North Hamkyo'ng Province and North Pyongan Province and produces opium and heroin in Hamhu'ng and Nachin. In 2009, Office 39 was involved in the failed attempt to purchase and export to North Korea — through China — two Italian-made luxury yachts worth more than USD 15 million. Halted by Italian authorities, the attempted export of the yachts destined for Kim Jong-il was in violation of United Nations sanctions against North Korea under UNSCR 1718, which specifically require Member States to prevent the supply, sale, or transfer of luxury goods to North Korea. Office 39 previously used Banco Delta Asia to launder illicit proceeds. Banco Delta Asia was identified by the Treasury Department in September 2005 as a “primary money laundering concern” under Section 311 of the USA PATRIOT Act, because it represented an unacceptable risk of money laundering and other financial crimes.’


title: Commission Implementing Regulation (EU) 2016/1843 of 18 October 2016 on transitional measures for the application of Regulation (EC) No 882/2004 of the European Parliament and of the Council as regards the accreditation of official laboratories carrying out official testing for Trichinella (Text with EEA relevance )

text:
               19.10.2016

               EN

               Official Journal of the European Union

               L 282/38

         COMMISSION IMPLEMENTING REGULATION (EU) 2016/1843
   of 18 October 2016
   on transitional measures for the application of Regulation (EC) No 882/2004 of the European Parliament and of the Council as regards the accreditation of official laboratories carrying out official testing for Trichinella

   (Text with EEA relevance)
   THE EUROPEAN COMMISSION,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to Regulation (EC) No 882/2004 of the European Parliament and of the Council of 29 April 2004 on official controls performed to ensure the verification of compliance with feed and food law, animal health and animal welfare rules (1), and in particular the second subparagraph of 63(1) thereof,
   Whereas:

               (1)

               Regulation (EC) No 882/2004 provides for significant changes to the rules and procedures for official controls. It applies from 1 January 2006. However, the application of a number of those rules and procedures with immediate effect from that date would have presented practical difficulties in certain cases.

               (2)

               Regulation (EC) No 882/2004 requires laboratories carrying out an analysis of samples taken during official controls to be accredited in accordance with certain European standards referred to therein. However, Commission Implementing Regulation (EU) No 702/2013 (2) lays down certain transitional measures, including a derogation from that requirement for laboratories in order to permit a smooth transition to the full implementation of the new rules and procedures. Implementing Regulation (EU) No 702/2013 applies until 31 December 2016.

               (3)

               The Report of 28 July 2009 from the Commission to the European Parliament and the Council on the experience gained from the application of the hygiene Regulations (EC) No 852/2004, (EC) No 853/2004 and (EC) No 854/2004 of the European Parliament and of the Council of 29 April 2004 (3)‘aims at presenting factually the experience gained, including the difficulties encountered, in 2006, 2007 and 2008 from the implementation of the hygiene package by all interested actors’ (‘the report’).

               (4)

               The report includes experiences on the transitional measures, including those provided for in Regulation (EC) No 882/2004. The report indicates that difficulties continue to exist in relation to the accreditation of in-house slaughterhouse laboratories.

               (5)

               On 6 May 2013, the Commission adopted a proposal for a Regulation of the European Parliament and of the Council on official control and other official activities performed to ensure the application of food and feed law, rules on animal health and welfare, plant health, plant reproductive material, plant protection products (4). That proposal provides for the repeal of Regulation (EC) No 882/2004 and provides for a possible derogation on accreditation of official laboratories whose sole activity is the detection of Trichinella in meat.

               (6)

               Accordingly, this Regulation should provide for further transitional measures pending the adoption of that new Regulation by the European Parliament and by the Council.

               (7)

               Provision should therefore be made for a further transitional period during which the relevant transitional measures currently laid down in Implementing Regulation (EU) No 702/2013 should continue to apply.

               (8)

               The measures provided for in this Regulation are in accordance with the opinion of the Standing Committee on the Food Chain and Animal Health,

         HAS ADOPTED THIS REGULATION:
   Article 1
   This Regulation lays down transitional measures for the application of Regulation (EC) No 882/2004 for a transitional period from 1 January 2017 until 31 December 2020.
   Article 2
   By way of derogation from Article 12(2) of Regulation (EC) No 882/2004, the competent authority may designate a laboratory carrying out official testing for Trichinella and located in a slaughterhouse or a game handling establishment provided that, although not accredited in accordance with the European standard referred to in point (a) of that paragraph, the laboratory provides the competent authority with satisfactory guarantees that quality control schemes for the analyses of samples it conducts for the purpose of official controls are in place.
   Article 3
   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 January 2017 to 31 December 2020.

      This Regulation shall be binding in its entirety and directly applicable in all Member States.
      Done at Brussels, 18 October 2016.

            For the Commission

            The President

         Jean-Claude JUNCKER

      (1)  OJ L 165, 30.4.2004, p. 1.

      (2)  Commission Implementing Regulation (EU) No 702/2013 of 22 July 2013 on transitional measures for the application of Regulation (EC) No 882/2004 of the European Parliament and of the Council as regards the accreditation of official laboratories carrying out official testing for Trichinella and amending Commission Regulation (EC) No 1162/2009 (OJ L 199, 24.7.2013, p. 3).

      (3)  COM(2009) 403 final.

      (4)  COM(2013) 265 final.


title: Commission Implementing Regulation (EU) 2016/1927 of 4 November 2016 on templates for monitoring plans, emissions reports and documents of compliance pursuant to Regulation (EU) 2015/757 of the European Parliament and of the Council on monitoring, reporting and verification of carbon dioxide emissions from maritime transport (Text with EEA relevance )

text:
               5.11.2016

               EN

               Official Journal of the European Union

               L 299/1

         COMMISSION IMPLEMENTING REGULATION (EU) 2016/1927
   of 4 November 2016
   on templates for monitoring plans, emissions reports and documents of compliance pursuant to Regulation (EU) 2015/757 of the European Parliament and of the Council on monitoring, reporting and verification of carbon dioxide emissions from maritime transport
   (Text with EEA relevance)
   THE EUROPEAN COMMISSION,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to Regulation (EU) 2015/757 of the European Parliament and of the Council of 29 April 2015 on the monitoring, reporting and verification of carbon dioxide emissions from maritime transport, and amending Directive 2009/16/EC (1), and in particular Articles 6(5), 12(2), and 17(5) thereof,
   Whereas:

               (1)

               Articles 6(1) and 6(3) of Regulation (EU) 2015/757 require companies to submit to the verifier a monitoring plan consisting of complete and transparent documentation of the monitoring method to be applied for each ship falling under the scope of that Regulation.

               (2)

               In order to ensure that those monitoring plans contain standardised information allowing for harmonised implementation of the monitoring and reporting obligations, it is necessary to lay down templates, including technical rules for their uniform application.

               (3)

               The monitoring plan should contain at least the elements laid down in Article 6(3) of Regulation (EU) 2015/757. It should also use the units for determining ‘cargo carried’ as specified in Commission Implementing Regulation (EU) 2016/1928 (2). Given the two distinct transport services that ro-pax ships provide, such ships will need to differentiate between fuel consumption and CO2 emissions data for freight and for passengers. This would allow for a better determination of their average operational energy efficiency indicators.

               (4)

               Without prejudice to Article 6(3) of Regulation (EU) 2015/757, and in accordance with the last paragraph of Article 10 of that Regulation, the monitoring plan should allow for the monitoring and reporting of fuel consumption and CO2 emitted on the basis of other voluntary criteria. This would make it possible to better understand the average reported energy efficiency. This concerns in particular differentiated monitoring of fuel consumption for cargo heating and for dynamic positioning as well as differentiated monitoring of laden voyages and when navigating through ice.

               (5)

               To make it easier to prepare monitoring plans for companies with several ships, it is appropriate to allow companies to indicate which procedures described of the monitoring plan would apply in a relevant manner to all ships under the company's responsibility.

               (6)

               When providing information on elements and procedures as part of the monitoring plan pursuant to Article 6(3) of Regulation (EU) 2015/757, companies should be able to also refer to procedures or systems effectively implemented as part of their existing management systems, such as the International Safety Management Code (ISM Code) (3), the Ship Energy Efficiency Management Plan (the SEEMP) (4), or to systems and controls covered by harmonised quality, environmental or energy management standards, such as EN ISO 9001:2015, EN ISO 14001:2015 or EN ISO 50001:2011.

               (7)

               To make monitoring easier, it is appropriate to allow the use of default values for the level of uncertainty associated with fuel monitoring.

               (8)

               To make the entire compliance cycle (including monitoring, reporting and verification) easier, information on management, in particular on appropriate data management and control activities, should be considered as useful information. A dedicated section in the monitoring template should help companies to structure the necessary management elements.

               (9)

               It is necessary to lay down specifications for an electronic template for emissions reports. This is needed to ensure that verified emissions reports are submitted electronically and that they contain complete and standardised aggregated annual information, which can be made publicly available and which enables the Commission to prepare the reports required under Article 21 of Regulation (EU) 2015/757.

               (10)

               The emissions report should cover the minimum content as laid down in Article 11(3) of Regulation (EU) 2015/757, including the results of the annual monitoring. It should also allow for the reporting of additional information that can help understanding of the average operational energy efficiency indicators reported on a voluntary basis. This concerns in particular the elements for voluntary monitoring of fuel consumed and CO2 emissions emitted, differentiated on the basis of criteria specified in the monitoring plan.

               (11)

               It is necessary to lay down technical rules establishing an electronic template for documents of compliance. This ensures that standardised, easily processable information can be included in the documents of compliance sent by the verifiers pursuant to their obligation under Article 17(4) of Regulation (EU) 2015/757 to inform without delay the Commission and the authorities of the flag State of the issuance of a document of compliance.

               (12)

               Thetis MRV, a dedicated Union information system developed and operated by the European Maritime Safety Agency, should be available for companies and accredited verifiers so that they can use it to electronically submit satisfactorily verified emissions reports and related documents of compliance to the Commission and flag States. It should be designed in a flexible way so as to consider the event of a global monitoring, reporting and verification system for greenhouse gas emissions.

               (13)

               The Commission has consulted parties concerned on best practices on matters addressed by this Regulation. The consultation was carried out through the ‘Shipping MRV experts' subgroups’ set up under the umbrella of the European Sustainable Shipping Forum.

               (14)

               The measures provided for in this Regulation are in accordance with the opinion of the Climate Change Committee established by Article 26 of Regulation (EU) No 525/2013 of the European Parliament and of the Council (5),

         HAS ADOPTED THIS REGULATION:
   Article 1
   Subject matter
   This Regulation lays down templates and technical rules for the submission of monitoring plans, emissions reports and documents of compliance pursuant to Regulation (EU) 2015/757.
   Article 2
   Template of the monitoring plan
   1.   Companies shall draw up the monitoring plan referred to in Article 6 of Regulation (EU) 2015/757 using a template corresponding to the model set out in Annex I.
   2.   Companies may split the monitoring plan into a company-specific part and a ship-specific part, provided that all elements set out in Annex I are covered.
   The information contained in the company-specific part, which may include Tables B.2, B.5, D, E and F.1 of Annex I, shall be applicable to each of the ships for which the company is to submit a monitoring plan pursuant to Article 6 of Regulation (EU) 2015/757.
   Article 3
   Electronic template of the emissions report
   1.   For the purposes of submitting the emissions report pursuant to Article 11(1) of Regulation (EU) 2015/757, companies shall use the electronic version of the template available in the Thetis MRV automated Union information system operated by the European Maritime Safety Agency (hereinafter referred to as ‘Thetis MRV’).
   2.   The electronic version of the template of the emissions report referred to in paragraph 1 shall contain the information set out in Annex II.
   Article 4
   Electronic template of document of compliance
   1.   For the purposes of issuing a document of compliance pursuant to Article 17(4) of Regulation (EU) 2015/757, the verifier shall provide relevant data using the electronic version of the template available in Thetis MRV.
   2.   The electronic version of the template of the document of compliance referred to in paragraph 1 shall contain the information set out in Annex III.
   Article 5
   Entry into force
   This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.

      This Regulation shall be binding in its entirety and directly applicable in all Member States.
      Done at Brussels, 4 November 2016.

            For the Commission

            The President

         Jean-Claude JUNCKER

      (1)  OJ L 123, 19.5.2015, p. 55.

      (2)  Commission Implementing Regulation (EU) 2016/1928 of 4 November 2016 on determination of cargo carried for categories of ships other than passenger, ro-ro and container ships pursuant to Regulation (EU) 2015/757 of the European Parliament and of the Council on the monitoring, reporting and verification of carbon dioxide emissions from maritime transport (see page 22 of this Official Journal).

      (3)  Adopted by the International Maritime Organisation (IMO) by Assembly Resolution A.741(18).

      (4)  Regulation 22 Marpol Annex VI.

      (5)  Regulation (EU) No 525/2013 of the European Parliament and of the Council of 21 May 2013 on a mechanism for monitoring and reporting greenhouse gas emissions and for reporting other information at national and Union level relevant to climate change and repealing Decision No 280/2004/EC (OJ L 165, 18.6.2013, p. 13).

      ANNEX I

         Template for monitoring plans

         Part A   Revision record sheet

                  Version No

                  Reference date

                  Status at reference date (1)

                  Reference to Chapters where revisions or modifications have been made, including a brief explanation of changes

         Part B   Basic data

         Table B.1.   Identification of the ship

                  Name of the ship

                  IMO identification number

                  Port of registry

                  Home port (if not identical with port of registry)

                  Name of the shipowner

                  IMO unique company and registered owner identification number

                  Type of the ship (2)

                  Deadweight (in metric tonnes)

                  Gross Tonnage

                  Classification Society (voluntary)

                  Ice class (voluntary) (3)

                  Flag State (voluntary)

                  Voluntary open description field for additional information about the characteristics of the ship

         Table B.2.   Company information

                  Name of the company

                  Address Line 1

                  Address Line 2

                  City

                  State/Province/Region

                  Postcode/ZIP

                  Country

                  Contact person

                  Telephone number

                  Email address

         Table B.3.   Emission sources and fuel types used

                  Emission source reference no.

                  Emission source (name, type)

                  Technical description of emission source
                  (performance/power, specific fuel oil consumption (SFOC), year of installation, identification number in case of multiple identical emission sources, etc.)

                  (Potential) Fuel types used (4)

         Table B.4.   Emission factors

                  Fuel type

                  IMO emission factors
                  (in tonnes of CO2/tonne fuel)

                  Heavy Fuel Oil (Reference: ISO 8217 Grades RME through RMK)

                  3,114

                  Light Fuel Oil (Reference: ISO 8217 Grades RMA through RMD)

                  3,151

                  Diesel/Gas Oil (Reference: ISO 8217 Grades DMX through DMB)

                  3,206

                  Liquefied Petroleum Gas (Propane)

                  3,000

                  Liquefied Petroleum Gas (Butane)

                  3,030

                  Liquefied Natural Gas

                  2,750

                  Methanol

                  1,375

                  Ethanol

                  1,913

                  Other fuel with non-standard emission factor

            In case of use of non-standard emission factors:

                  Non-standard fuel

                  Emission factor

                  Methodologies for determining the emission factor (methodology for sampling, methods of analysis and a description of the laboratories used, if any)

         Table B.5.   Procedures, systems and responsibilities used to update the completeness of emission sources

                  Title of procedure

                  Managing the completeness of the list of emission sources

                  Reference to existing procedure

                  Version of existing procedure

                  Description of EU MRV procedures if not already existing outside the MP

                  Name of person or position responsible for this procedure

                  Location where records are kept

                  Name of IT system used (where applicable)

         Part C   Activity data

         Table C.1.   Conditions of exemption related to Article 9(2)

                  Item

                  Confirmation field

                  Minimum number of expected voyages per reporting period falling under the scope of the EU MRV Regulation according to the ship's schedule

                  Are there expected voyages per reporting period not falling under the scope of the EU MRV Regulation according to the ship's schedule? (5)

                  Conditions of Article 9(2) fulfilled? (6)

                  If yes, do you intend to make use of the derogation for monitoring the amount of fuel consumed on a per-voyage basis? (7)

         Table C.2.   Monitoring of fuel consumption

      C.2.1.   Methods used to determine fuel consumption of each emission source:

                  Emission source (8)

                  Chosen methods for fuel consumption (9)

      C.2.2.   Procedures for determining fuel bunkered and fuel in tanks:

                  Title of procedure

                  Determining fuel bunkered and fuel in tanks

                  Reference to existing procedure

                  Version of existing procedure

                  Description of EU MRV procedures if not already existing outside the MP

                  Name of person or position responsible for this procedure

                  Location where records are kept

                  Name of IT system used (where applicable)

      C.2.3.   Regular cross-checks between bunkering quantity as provided by BDN and bunkering quantity indicated by on-board measurement:

                  Title of procedure

                  Regular cross-checks between bunkering quantity as provided by BDNs and bunkering quantity indicated by on-board measurement

                  Reference to existing procedure

                  Version of existing procedure

                  Description of EU MRV procedures if not already existing outside the MP

                  Name of person or position responsible for this procedure

      C.2.4.   Description of the measurement instruments involved:

                  Measurement equipment
                  (name)

                  Elements applied to (e.g. emission sources, tanks)

                  Technical description
                  (specification, age, maintenance intervals)

      C.2.5.   Procedures for recording, retrieving, transmitting and storing information regarding measurements:

                  Title of procedure

                  Recording, retrieving, transmitting and storing information regarding measurements

                  Reference to existing procedure

                  Version of existing procedure

                  Description of EU MRV procedures if not already existing outside the MP

                  Name of person or position responsible for this procedure

                  Location where records are kept

                  Name of IT system used (where applicable)

      C.2.6.   Method for determination of density:

                  Fuel type/tank

                  Method to determine actual density values of fuel bunkered (10)

                  Method to determine actual density values of fuel in tanks (11)

      C.2.7.   Level of uncertainty associated with fuel monitoring:

                  Monitoring method (12)

                  Approach used (13)

                  Value

      C.2.8.   Procedures for ensuring quality assurance of measuring equipment:

                  Title of procedure

                  Ensuring quality assurance of measuring equipment

                  Reference to existing procedure

                  Version of existing procedure

                  Description of EU MRV procedures if not already existing outside the MP

                  Name of person or position responsible for this procedure

                  Location where records are kept

                  Name of IT system used (where applicable)

      C.2.9.   Method for determining the split of fuel consumption into freight and passenger part (for ro-pax ships only):

                  Title of method

                  Determining the split of fuel consumption into freight and passenger part

                  Applied allocation method according to EN 16258 (14)

                  Description of method to determine the mass of freight and passengers including the possible use of default values for the weight of cargo units/lane meters (if mass method is used)

                  Description of method to determine the deck area assigned to freight and passengers including the consideration of hanging decks and of passenger cars on freight decks (if area method is used)

                  Split of fuel consumption (in %) into freight and passenger part (if area method is used only)

                  Name of person or position responsible for this method

                  Formulae and data sources

                  Location where records are kept

                  Name of IT system used (where applicable)

      C.2.10.   Procedures for determining and recording the fuel consumption on laden voyages (voluntary monitoring):

                  Title of procedure

                  Determining and recording the fuel consumption on laden voyages

                  Reference to existing procedure

                  Version of existing procedure

                  Description of EU MRV procedures if not already existing outside the MP

                  Name of person or position responsible for this procedure

                  Formulae and data sources

                  Location where records are kept

                  Name of IT system used (where applicable)

      C.2.11.   Procedures for determining and recording the fuel consumption for cargo heating (voluntary monitoring for chemical tankers):

                  Title of procedure

                  Determining and recording the fuel consumption for cargo heating

                  Reference to existing procedure

                  Version of existing procedure

                  Description of EU MRV procedures if not already existing outside the MP

                  Name of person or position responsible for this procedure

                  Formulae and data sources

                  Location where records are kept

                  Name of IT system used (where applicable)

      C.2.12.   Procedures for determining and recording the fuel consumption for dynamic positioning (voluntary monitoring for oil tankers and ‘other ship types’):

                  Title of procedure

                  Determining and recording the fuel consumption for dynamic positioning

                  Reference to existing procedure

                  Version of existing procedure

                  Description of EU MRV procedures if not already existing outside the MP

                  Name of person or position responsible for this procedure

                  Formulae and data sources

                  Location where records are kept

                  Name of IT system used (where applicable)

         Table C.3.   List of voyages

                  Title of procedure

                  Recording and safeguarding completeness of voyages

                  Reference to existing procedure

                  Version of existing procedure

                  Description of EU MRV procedures (including recording voyages, monitoring voyages etc.) if not already existing outside the MP

                  Name of person or position responsible for this procedure

                  Data sources

                  Location where records are kept

                  Name of IT system used (where applicable)

         Table C.4.   Distance travelled

                  Title of procedure

                  Recording and determining the distance per voyage made

                  Reference to existing procedure

                  Version of existing procedure

                  Description of EU MRV procedures (including recording and managing distance information) if not already existing outside the MP

                  Name of person or position responsible for this procedure

                  Data sources

                  Location where records are kept

                  Name of IT system used (where applicable)

            Procedures for determining and recording the distance travelled when navigating through ice (voluntary monitoring):

                  Title of procedure

                  Determining and recording the distance travelled when navigating through ice

                  Reference to existing procedure

                  Version of existing procedure

                  Description of EU MRV procedures (including recording and managing distance and winter conditions information) if not already existing outside the MP

                  Name of person or position responsible for this procedure

                  Formulae and data sources

                  Location where records are kept

                  Name of IT system used (where applicable)

         Table C.5.   Amount of cargo carried & Number of passengers

                  Title of procedure

                  Recording and determining the amount of cargo carried and/or the number of passengers

                  Reference to existing procedure

                  Version of existing procedure

                  Description of EU MRV procedures (including recording and determining the amount of cargo carried and/or the number of passengers and the use of default values for the mass of cargo units, if applicable) if not already existing outside the MP

                  Unit of cargo/passengers (15)

                  Name of person or position responsible for this procedure

                  Formulae and data sources

                  Location where records are kept

                  Name of IT system used (where applicable)

            Procedures for determining and recording the average density of the cargoes transported (voluntary monitoring for chemical tankers, bulk carriers and combination carriers):

                  Title of procedure

                  Determining and recording the average density of the cargoes transported

                  Reference to existing procedure

                  Version of existing procedure

                  Description of EU MRV procedures (including recording and managing cargo density information) if not already existing outside the MP

                  Name of person or position responsible for this procedure

                  Formulae and data sources

                  Location where records are kept

                  Name of IT system used (where applicable)

         Table C.6.   Time spent at sea

                  Title of procedure

                  Determining and recording the time spent at sea from berth of port of departure to berth of the port of arrival

                  Reference to existing procedure

                  Version of existing procedure

                  Description of EU MRV procedures (including recording and managing port departure and arrival information) if not already existing outside the MP

                  Name of person or position responsible for this procedure

                  Formulae and data sources

                  Location where records are kept

                  Name of IT system used (where applicable)

            Procedures for determining and recording the time spent at sea when navigating through ice (voluntary monitoring):

                  Title of procedure

                  Determining and recording the time spent at sea when navigating through ice

                  Reference to existing procedure

                  Version of existing procedure

                  Description of EU MRV procedures (including recording and managing port departure and arrival and winter conditions information) if not already existing outside the MP

                  Name of person or position responsible for this procedure

                  Formulae and data sources

                  Location where records are kept

                  Name of IT system used (where applicable)

         Part D   Data gaps

         Table D.1.   Methods to be used to estimate fuel consumption

                  Title of method

                  Method to be used to estimate fuel consumption

                  Back-up monitoring method (16)

                  Formulae used

                  Description of method to estimate fuel consumption

                  Name of person or position responsible for this method

                  Data sources

                  Location where records are kept

                  Name of IT system used (where applicable)

         Table D.2.   Methods to be used to treat data gaps regarding distance travelled

                  Title of method

                  Method to treat data gaps regarding distance travelled

                  Formulae used

                  Description of method to treat data gaps

                  Name of person or position responsible for this method

                  Data sources

                  Location where records are kept

                  Name of IT system used (where applicable)

         Table D.3.   Methods to be used to treat data gaps regarding cargo carried

                  Title of method

                  Method to treat data gaps regarding cargo carried

                  Formulae used

                  Description of method to treat data gaps

                  Name of person or position responsible for this method

                  Data sources

                  Location where records are kept

                  Name of IT system used (where applicable)

         Table D.4.   Methods to be used to treat data gaps regarding time spent at sea

                  Title of method

                  Method to treat data gaps regarding time spent at sea

                  Formulae used

                  Description of method to treat data gaps

                  Name of person or position responsible for this method

                  Data sources

                  Location where records are kept

                  Name of IT system used (where applicable)

         Part E   Management

         Table E.1.   Regular check of the adequacy of the monitoring plan

                  Title of procedure

                  Regular check of the adequacy of the monitoring plan

                  Reference to existing procedure

                  Version of existing procedure

                  Description of EU MRV procedures if not already existing outside the MP

                  Name of person or position responsible for this procedure

                  Location where records are kept

                  Name of IT system used (where applicable)

         Table E.2.   Control activities: Quality assurance and reliability of information technology

                  Title of procedure

                  Information Technology Management (e.g. access controls, back up, recovery and security)

                  Reference for procedure

                  Brief description of procedure

                  Name of person or position responsible for data maintenance

                  Location where records are kept

                  Name of system used (where applicable)

                  List of relevant existing management systems

         Table E.3.   Control activities: Internal reviews and validation of EU MRV relevant data

                  Title of procedure

                  Internal reviews and validation of EU MRV relevant data

                  Reference to existing procedure

                  Version of existing procedure

                  Description of EU MRV procedures if not already existing outside the MP

                  Name of person or position responsible for this procedure

                  Location where records are kept

                  Name of IT system used (where applicable)

         Table E.4.   Control activities: Corrections and corrective actions

                  Title of procedure

                  Corrections and corrective actions

                  Reference to existing procedure

                  Version of existing procedure

                  Description of EU MRV procedures if not already existing outside the MP

                  Name of person or position responsible for this procedure

                  Location where records are kept

                  Name of IT system used (where applicable)

         Table E.5.   Control activities: Outsourced activities (if applicable)

                  Title of procedure

                  Outsourced activities

                  Reference to existing procedure

                  Version of existing procedure

                  Description of EU MRV procedures if not already existing outside the MP

                  Name of person or position responsible for this procedure

                  Location where records are kept

                  Name of IT system used (where applicable)

         Table E.6.   Control activities: Documentation

                  Title of procedure

                  Documentation

                  Reference to existing procedure

                  Version of existing procedure

                  Description of EU MRV procedures if not already existing outside the MP

                  Name of person or position responsible for this procedure

                  Location where records are kept

                  Name of IT system used (where applicable)

         Part F   Further information

         Table F.1.   List of definitions and abbreviations

                  Abbreviation, acronym, definition

                  Explanation

                     Table F.2.

                  Additional information

         (1)  Select one of the following categories: ‘Working draft’, ‘Final draft submitted to the verifier’, ‘Assessed’, ‘Modified without need for re-assessment’.

         (2)  Select one of the following categories: ‘Passenger ship’, ‘Ro-ro ship’, ‘Container ship’, ‘Oil tanker’, ‘Chemical tanker’, ‘LNG carrier’, ‘Gas carrier’, ‘Bulk carrier’, ‘General cargo ship’, ‘Refrigerated cargo ship’, ‘Vehicle carrier’, ‘Combination carrier’, ‘Ro-pax ship’, ‘Container/ro-ro cargo ship’, ‘Other ship types’.

         (3)  Select one of the Polar Classes PC1 — PC7 or one of the Finnish-Swedish Ice Classes (IC, IB, IA or IA Super).

         (4)  Select one of the following categories: ‘Heavy Fuel Oil (HFO)’, ‘Light Fuel Oil (LFO)’, ‘Diesel/Gas Oil (MDO/MGO)’, ‘Liquefied Petroleum Gas (Propane, LPG)’, ‘Liquefied Petroleum Gas (Butane, LPG)’,‘Liquefied Natural Gas (LNG)’, ‘Methanol’, ‘Ethanol’, ‘Other fuel with non-standard emission factor’

         (5)  Select either ‘Yes’ or ‘No’.

         (6)  Select either ‘Yes’ or ‘No’.

         (7)  Select ‘Yes’, ‘No’ or ‘Not applicable’.

         (8)  Select one of the following categories: ‘All sources’, ‘Main engines’, ‘Auxiliary engines’, ‘Gas turbines’, ‘Boilers’ or ‘Inert gas generators’.

         (9)  Select one or more of the following categories: ‘Method A: BDN and periodic stocktakes of fuel tanks’, ‘Method B: Bunker fuel tank monitoring on-board’, ‘Method C: Flow meters for applicable combustion processes’ or ‘Method D: Direct CO2 emissions measurement’.

         (10)  Select one of the following categories: ‘On-board measurement equipment’, ‘Fuel supplier’ or ‘Laboratory test’.

         (11)  Select one of the following categories: ‘Measurement equipment’, ‘Fuel supplier’, ‘Laboratory test’.

         (12)  Select one or more of the following categories: ‘Method A: BDN and periodic stocktakes of fuel tanks’, ‘Method B: Bunker fuel tank monitoring on-board’, ‘Method C: Flow meters for applicable combustion processes’ or ‘Method D: Direct CO2 emissions measurement’

         (13)  Select one of the following categories: ‘Default value’ or ‘Ship specific estimate’.

         (14)  Select either ‘Mass method’ or ‘Area method’.

         (15)  For passenger ships, the ‘Unit of cargo/passengers’ shall be specified as ‘passengers’.
      For ro-ro ships, container ships, oil tankers, chemical tankers, gas carriers, bulk carriers, refrigerated cargo ships, combination carriers, the ‘Unit of cargo/passengers’ shall be specified as ‘tonnes’.
      For LNG carriers, container/ro-ro cargo ships, the ‘Unit of cargo/passengers’ shall be specified as ‘cubic metres’.
      For general cargo ships, the ‘Unit of cargo/passengers’ shall be specified by selecting one of the following categories: ‘tonnes of deadweight carried’, ‘tonnes of deadweight carried and tonnes’.
      For vehicle carriers, the ‘Unit of cargo/passengers’ shall be specified by selecting one of the following categories: ‘tonnes’, ‘tonnes and tonnes of deadweight carried’.
      For ro-pax ships, the ‘Unit of cargo/passengers’ shall be specified as ‘tonnes’ and as ‘passengers’.
      For other ship types, the ‘Unit of cargo/passengers’ shall be specified by selecting one of the following categories: ‘tonnes’, ‘tonnes of deadweight carried’.

         (16)  Select one of the following categories: ‘Method A: BDN and periodic stocktakes of fuel tanks’, ‘Method B: Bunker fuel tank monitoring on-board’, ‘Method C: Flow meters for applicable combustion processes’, ‘Method D: Direct CO2 emissions measurement’ or ‘Not applicable’. The selected category must be different from the category selected under ‘Chosen methods for fuel consumption’ in table C.2. (Monitoring of fuel consumption — Methods used to determine fuel consumption of each emission source).

      ANNEX II

         Template for emissions reports

         Part A   Data identifying the ship and the company

                  1.

                  Name of the ship

                  2.

                  IMO identification number

                  3.

                              a)

                              Port of registry OR

                              b)

                              Home port

                  4.

                  Ship category [drop down menu: ‘Passenger ship’, ‘Ro-ro ship’, ‘Container ship’, ‘Oil tanker’, ‘Chemical tanker’, ‘LNG carrier’, ‘Gas carrier’, ‘Bulk carrier’, ‘General cargo ship’, ‘Refrigerated cargo carrier’, ‘Vehicle carrier’, ‘Combination carrier’, ‘Ro-pax ship’, ‘Container/ro-ro cargo ship’, ‘Other ship types’]

                  5.

                  Ice class of the ship (non-mandatory — only if included in the monitoring plan) [drop down menu: Polar Class PC1 — PC7, Finnish-Swedish Ice Class IC, IB, IA or IA Super]

                  6.

                  Technical efficiency of the ship

                              a)

                              Energy Efficiency Design Index (EEDI), where required by MARPOL, Annex VI, Chapter 4, Regulations 19 and 20, expressed in grams CO2/tonne-nautical mile OR

                              b)

                              Estimated Index Value (EIV), calculated in accordance with IMO Resolution MEPC.215 (63), expressed in grams CO2/tonne-nautical mile

                  7.

                  Name of the shipowner

                  8.

                  Address of the shipowner and its principal place of business: address line 1, address line 2, city, state/province/region, postcode/ZIP, Country

                  9.

                  Name of the company (only if not the shipowner)

                  10.

                  Address of the company (only if not the shipowner) and its principal place of business: address line 1, address line 2, city, state/province/region, postcode/ZIP, Country

                  11.

                  Contact person

                              a)

                              Name: title, first name, surname, job title

                              b)

                              Address: address line 1, address line 2, city, state/province/region, postcode/ZIP, Country

                              c)

                              Telephone

                              d)

                              email

         Part B   Verification

                  1.

                  Name of the verifier

                  2.

                  Address of the verifier and its principal place of business: address line 1, address line 2, city, state/province/region, postcode/ZIP, Country

                  3.

                  Accreditation number

                  4.

                  Verifier's statement

         Part C   Information on the monitoring method used and the related level of uncertainty

                  1.

                  Emission source [drop down menu: ‘All sources’, ‘Main engines’, ‘Auxiliary engines’, ‘Gas turbines’, ‘Boilers’, ‘Inert gas generators’]

                  2.

                  Monitoring method(s) used (per emission source) [drop down menu: ‘Method A: BDN and periodic stocktakes of fuel tanks’, ‘Method B: Bunker fuel tank monitoring on-board’, ‘Method C: Flow meters for applicable combustion processes’, ‘Method D: Direct CO2 emissions measurement’]

                  3.

                  Related level of uncertainty, expressed as % (per monitoring method used)

         Part D   Results from annual monitoring of the parameters in accordance with Article 10

         FUEL CONSUMPTION AND CO2 EMITTED

                  1.

                  Amount and emission factor for each type of fuel consumed in total:

                              a)

                              Fuel type [drop down menu: ‘Heavy Fuel Oil (HFO)’, ‘Light Fuel Oil (LFO)’, ‘Diesel/Gas Oil (MDO/MGO)’, ‘Liquefied Petroleum Gas (Propane, LPG)’, ‘Liquefied Petroleum Gas (Butane, LPG)’, ‘Liquefied Natural Gas (LNG)’, ‘Methanol’, ‘Ethanol’, ‘Other fuel with non-standard emission factor’]

                              b)

                              Emission factor, expressed in tonnes CO2/tonne fuel

                              c)

                              Total fuel consumption, expressed in tonnes fuel

                  2.

                  Total aggregated CO2 emitted within the scope of this Regulation, expressed in tonnes CO2

                  3.

                  aggregated CO2 emissions from all voyages between ports under a Member State's jurisdiction, expressed in tonnes CO2

                  4.

                  aggregated CO2 emissions from all voyages which departed from ports under a Member State's jurisdiction, expressed in tonnes CO2

                  5.

                  aggregated CO2 emissions from all voyages to ports under a Member State's jurisdiction, expressed in tonnes CO2

                  6.

                  CO2 emissions which occurred within ports under a Member State's jurisdiction at berth, expressed in tonnes CO2

                  7.

                  Total fuel consumption and total aggregated CO2 emitted assigned to passenger transport (for ro-pax ships), expressed in tonnes fuel and in tonnes CO2

                  8.

                  Total fuel consumption and total aggregated CO2 emitted assigned to freight transport (for ro-pax ships), expressed in tonnes fuel and in tonnes CO2

                  9.

                  Total fuel consumption and total aggregated CO2 emitted on laden voyages (voluntary), expressed in tonnes fuel and in tonnes CO2

                  10.

                  Total fuel consumption for cargo heating (for chemical tankers, voluntary), expressed in tonnes fuel

                  11.

                  Total fuel consumption for dynamic positioning (for oil tankers and ‘other ship types’, voluntary), expressed in tonnes fuel

         DISTANCE TRAVELLED, TIME SPENT AT SEA AND TRANSPORT WORK

                  1.

                  Total distance travelled, expressed in nautical miles

                  2.

                  Total distance travelled when navigating through ice (voluntary), expressed in nautical miles

                  3.

                  Total time spent at sea, expressed in hours

                  4.

                  Total time spent at sea when navigating through ice (voluntary), expressed in hours

                  5.

                  Total transport work, expressed in

                              passenger-nautical miles (for passenger ships)

                              tonne-nautical miles (for ro-ro ships, container ships, oil tankers, chemical tankers, gas carriers, bulk carriers, refrigerated cargo carriers, vehicle carriers, combination carriers)

                              cubic meter-nautical miles, (for LNG carriers, container/ro-ro cargo ships)

                              deadweight-tonne carried-nautical miles (for general cargo ships)

                              passenger-nautical miles AND tonne-nautical miles (for ro-pax ships)

                              tonne-nautical miles OR deadweight-tonne carried-nautical miles (for other ship types)

                  6.

                  Second parameter for total transport work (voluntary), expressed in

                              tonne-nautical miles (for general cargo ships)

                              deadweight-tonne carried-nautical miles (for vehicle carriers)

                  7.

                  Average density of the cargoes transported in the reporting period (for chemical tankers, bulk carriers and combination carriers, voluntary), expressed in tonnes per cubic meter

         ENERGY EFFICIENCY

                  1.

                  Average energy efficiency

                              a)

                              Fuel consumption per distance, expressed in kilogram per nautical mile

                              b)

                              Fuel consumption per transport work, expressed in grams per passenger-nautical mile, grams per tonne-nautical mile, grams per cubic meter-nautical mile, grams per deadweight-tonne carried-nautical mile or grams per passenger-nautical mile AND grams per tonne-nautical mile, as applicable to relevant ship category

                              c)

                              CO2 emissions per distance, expressed in kilograms CO2 per nautical mile

                              d)

                              CO2 emissions per transport work, expressed in grams CO2 per passenger-nautical mile, grams CO2 per tonne-nautical mile, grams CO2 per cubic meter-nautical mile, grams CO2 per deadweight-tonne carried-nautical mile or grams CO2 per passenger-nautical mile AND grams CO2 per tonne-nautical mile, as applicable to relevant ship category

                  2.

                  Second parameter for average energy efficiency per transport work (voluntary), expressed in

                              grams per tonne-nautical mile and grams CO2 per tonne-nautical mile (for general cargo ships)

                              grams per deadweight-tonne carried-nautical mile and grams CO2 per deadweight-tonne carried-nautical mile (for vehicle carriers)

                  3.

                  Differentiated average energy efficiency (fuel consumption and CO2 emitted) of laden voyages (voluntary), expressed in

                              kilograms per nautical mile

                              grams per tonne-nautical mile, grams per cubic meter-nautical mile, grams per deadweight-tonne carried-nautical mile or grams per passenger-nautical mile, as applicable to relevant ship category

                              kilograms CO2 per nautical mile

                              grams CO2 per tonne-nautical mile, grams CO2 per cubic meter-nautical mile, grams CO2 per deadweight-tonne carried-nautical mile or grams CO2 per passenger-nautical mile, as applicable to relevant ship category

                  4.

                  Additional information to facilitate the understanding of the reported average operational energy efficiency indicators of the ship (voluntary)

      ANNEX III

         Template for documents of compliance

      This is to certify that the ship ‘NAME’ emissions report covering the reporting period ‘YEAR N – 1’ has been considered as satisfactory regarding the requirements of Regulation (EU) 2015/757.
      This document of compliance has been issued on ‘DAY/MONTH/YEAR N’
      This document of compliance is linked to emissions report No. ‘NUMBER’ and is valid until 30 JUNE ‘YEAR N + 1’
      I)   Ship particulars

                  1.

                  Name of the ship

                  2.

                  IMO identification number

                  3.

                              a)

                              Port of registry OR

                              b)

                              Home port

                  4.

                  Ship category [drop down menu: ‘Passenger ship’, ‘Ro-ro ship’, ‘Container ship’, ‘Oil tanker’, ‘Chemical tanker’, ‘LNG carrier’, ‘Gas carrier’, ‘Bulk carrier’, ‘General cargo ship’, ‘Refrigerated cargo carrier’, ‘Vehicle carrier’, ‘Combination carrier’, ‘Ro-pax ship’, ‘Container/ro-ro cargo ship’, ‘Other ship types’]

                  5.

                  Flag State/Registry

                  6.

                  Gross tonnage

            II)   Ship owner details

                  1.

                  Name of the shipowner

                  2.

                  Address of the shipowner and its principal place of business: address line 1, address line 2, city, state/province/region, postcode/ZIP, Country

            III)   Details of company fulfilling the obligations under Regulation (EU) 2015/757 (voluntary field)

                  1.

                  Name of the company

                  2.

                  Address of the company and its principal place of business: address line 1, address line 2, city, state/province/region, postcode/ZIP, Country

            IV)   Verifier

                  1.

                  Accreditation number

                  2.

                  Name of the verifier

                  3.

                  Address of the company and its principal place of business: address line 1, address line 2, city, state/province/region, postcode/ZIP, Country


title: Commission Implementing Regulation (EU) No 112/2012 of 9 February 2012 establishing the standard import values for determining the entry price of certain fruit and vegetables

text:
               10.2.2012

               EN

               Official Journal of the European Union

               L 37/58

         COMMISSION IMPLEMENTING REGULATION (EU) No 112/2012
   of 9 February 2012
   establishing the standard import values for determining the entry price of certain fruit and vegetables
   THE EUROPEAN COMMISSION,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to Council Regulation (EC) No 1234/2007 of 22 October 2007 establishing a common organisation of agricultural markets and on specific provisions for certain agricultural products (Single CMO Regulation) (1),
   Having regard to Commission Implementing Regulation (EU) No 543/2011 of 7 June 2011 laying down detailed rules for the application of Council Regulation (EC) No 1234/2007 in respect of the fruit and vegetables and processed fruit and vegetables sectors (2), and in particular Article 136(1) thereof,
   Whereas:

               (1)

               Implementing Regulation (EU) No 543/2011 lays down, pursuant to the outcome of the Uruguay Round multilateral trade negotiations, the criteria whereby the Commission fixes the standard values for imports from third countries, in respect of the products and periods stipulated in Annex XVI, Part A thereto.

               (2)

               The standard import value is calculated each working day, in accordance with Article 136(1) of Implementing Regulation (EU) No 543/2011, taking into account variable daily data. Therefore this Regulation should enter into force on the day of its publication in the Official Journal of the European Union,

         HAS ADOPTED THIS REGULATION:
   Article 1
   The standard import values referred to in Article 136 of Implementing Regulation (EU) No 543/2011 are fixed in the Annex to this Regulation.
   Article 2
   This Regulation shall enter into force on the day of its publication in the Official Journal of the European Union.

      This Regulation shall be binding in its entirety and directly applicable in all Member States.
      Done at Brussels, 9 February 2012.

            For the Commission, On behalf of the President,
         José Manuel SILVA RODRÍGUEZ

            Director-General for Agriculture and Rural Development

      (1)  OJ L 299, 16.11.2007, p. 1.

      (2)  OJ L 157, 15.6.2011, p. 1.

      ANNEX
      Standard import values for determining the entry price of certain fruit and vegetables

                  (EUR/100 kg)

                  CN code

                  Third country code (1)

                  Standard import value

                  0702 00 00

                  IL

                  156,8

                  MA

                  56,5

                  TN

                  86,5

                  TR

                  129,9

                  ZZ

                  107,4

                  0707 00 05

                  EG

                  229,9

                  JO

                  137,5

                  TR

                  177,0

                  US

                  57,6

                  ZZ

                  150,5

                  0709 91 00

                  EG

                  330,9

                  ZZ

                  330,9

                  0709 93 10

                  MA

                  92,0

                  TR

                  185,9

                  ZZ

                  139,0

                  0805 10 20

                  EG

                  47,7

                  IL

                  74,1

                  MA

                  55,9

                  TN

                  51,5

                  TR

                  75,8

                  ZZ

                  61,0

                  0805 20 10

                  IL

                  134,2

                  MA

                  78,0

                  ZZ

                  106,1

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

                  CN

                  60,1

                  EG

                  95,0

                  IL

                  91,6

                  JM

                  98,5

                  MA

                  89,3

                  TR

                  74,6

                  ZZ

                  84,9

                  0805 50 10

                  EG

                  54,8

                  TR

                  64,2

                  ZZ

                  59,5

                  0808 10 80

                  CL

                  98,4

                  CN

                  111,2

                  MA

                  59,2

                  MK

                  31,8

                  US

                  140,1

                  ZZ

                  88,1

                  0808 30 90

                  CL

                  48,2

                  CN

                  49,3

                  US

                  122,2

                  ZA

                  100,2

                  ZZ

                  80,0

         (1)  Nomenclature of countries laid down by Commission Regulation (EC) No 1833/2006 (OJ L 354, 14.12.2006, p. 19). Code ‘ZZ’ stands for ‘of other origin’.


title: Commission Implementing Regulation (EU) No 1173/2014 of 24 October 2014 entering a name in the register of protected designations of origin and protected geographical indications [Salama da sugo (PGI)]

text:
               4.11.2014

               EN

               Official Journal of the European Union

               L 316/1

         COMMISSION IMPLEMENTING REGULATION (EU) No 1173/2014
   of 24 October 2014
   entering a name in the register of protected designations of origin and protected geographical indications [Salama da sugo (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 Article 50(2)(a) of Regulation (EU) No 1151/2012, Italy's application to register the name ‘Salama da sugo’ was published in the Official Journal of the European Union
                   (2).

               (2)

               As no statement of opposition under Article 51 of Regulation (EU) No 1151/2012 has been received by the Commission, that name should therefore be entered in the register,

         HAS ADOPTED THIS REGULATION:
   Article 1
   The name ‘Salama da sugo’ (PGI) is hereby entered in the register.
   The name referred to in the first paragraph identifies a product in Class 1.2. Meat products (cooked, salted, smoked, etc.) set out in Annex XI to Commission Implementing Regulation (EU) No 668/2014 (3).
   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, 24 October 2014.

            For the Commission,

            On behalf of the President,

         Dacian CIOLOȘ

            Member of the Commission

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

      (2)  OJ C 178, 12.6.2014, p. 38.

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


title: Commission Implementing Regulation (EU) No 401/2012 of 7 May 2012 concerning the classification of certain goods in the Combined Nomenclature

text:
               11.5.2012

               EN

               Official Journal of the European Union

               L 124/15

         COMMISSION IMPLEMENTING REGULATION (EU) No 401/2012
   of 7 May 2012
   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 Council Regulation (EEC) No 2658/87 of 23 July 1987 on the tariff and statistical nomenclature and on the Common Customs Tariff (1), and in particular Article 9(1)(a) thereof,
   Whereas:

               (1)

               In order to ensure uniform application of the Combined Nomenclature annexed to Regulation (EEC) No 2658/87, 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 which has been issued by the customs authorities of Member States in respect of the classification of goods in the Combined Nomenclature but which is not in accordance with this Regulation can, for a period of three months, continue to be invoked by the holder, under Article 12(6) of Council Regulation (EEC) No 2913/92 of 12 October 1992 establishing the Community Customs Code (2).

               (5)

               The Customs Code Committee has not issued an opinion within the time limit set by its Chairman,

         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 issued by the customs authorities of Member States, which is not in accordance with this Regulation, can continue to be invoked for a period of three months under Article 12(6) of Regulation (EEC) No 2913/92.
   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, 7 May 2012.

            For the Commission, On behalf of the President,

         Algirdas ŠEMETA

            Member of the Commission

      (1)  OJ L 256, 7.9.1987, p. 1.

      (2)  OJ L 302, 19.10.1992, p. 1.

      ANNEX

                  Description of the goods

                  Classification
                  (CN code)

                  Reasons

                  (1)

                  (2)

                  (3)

                  A conical shaped article (approximately 40 cm high), made by sewing 2 nonwoven triangle shaped panels of red textile material together, with an applied trim of [] white colour at the base, and a white bobble at the top.
                  (headgear)
                  (See photograph no. 658) (1)

                  6505 00 90

                  Classification is determined by General Rules 1 and 6 for the interpretation of the Combined Nomenclature and by the wording of CN codes 6505 and 6505 00 90.
                  Apart from dolls' hats, other toy hats or carnival articles, hats and other headgear of all kinds, irrespective of the materials of which they are made and of their intended use, are classified in Chapter 65 (see also the Harmonized System Explanatory Notes to Chapter 65, General, first paragraph).
                  Headgear made up from lace, felt or other textile fabric in the piece is classified within heading 6505 (see also the Harmonized System Explanatory Notes to heading 65.05, first paragraph).
                  By virtue of Note 1(o) to Section XI (Textiles and Textile Articles), headgear of Chapter 65 is excluded from that Section.
                  Textile articles that have a utilitarian function are excluded from Chapter 95, even when they have a festive design (see also the Harmonized System Explanatory Notes to heading 95.05, point (A), last paragraph). Classification under subheading 9505 10 90 as other articles for Christmas festivities is therefore excluded.
                  The article clearly has the characteristics of headgear and is designed to be worn as such.
                  The article is therefore to be classified under CN code 6505 00 90 as headgear.

         (1)  The photograph is purely for information.