title: Commission Implementing Regulation (EU) 2017/1958 of 26 October 2017 on the issue of licences for importing rice under the tariff quotas opened for the October 2017 subperiod by Implementing Regulation (EU) No 1273/2011

text:
               27.10.2017

               EN

               Official Journal of the European Union

               L 277/9

         COMMISSION IMPLEMENTING REGULATION (EU) 2017/1958
   of 26 October 2017
   on the issue of licences for importing rice under the tariff quotas opened for the October 2017 subperiod by Implementing Regulation (EU) No 1273/2011
   THE EUROPEAN COMMISSION,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to Regulation (EU) No 1308/2013 of the European Parliament and of the Council of 17 December 2013 establishing a common organisation of the markets in agricultural products and repealing Council Regulations (EEC) No 922/72, (EEC) No 234/79, (EC) No 1037/2001 and (EC) No 1234/2007 (1), and in particular Article 188 thereof,
   Whereas:

               (1)

               Commission Implementing Regulation (EU) No 1273/2011 (2) opened and provided for the administration of certain import tariff quotas for rice and broken rice, broken down by country of origin and split into several subperiods in accordance with Annex I to that Regulation.

               (2)

               October is the only subperiod for the quota with order number 09.4138 provided for under Article 1(1)(a) of Implementing Regulation (EU) No 1273/2011. This quota comprises the balance of the unused quantities from the quotas with order numbers 09.4127, 09.4128, 09.4129 and 09.4130 in the previous subperiod. October is the last subperiod for the quotas provided for under Article 1(1)(b) and (e) of Implementing Regulation (EU) No 1273/2011, which comprise the balance of the unused quantities from the previous subperiod.

               (3)

               The notifications sent in accordance with point (a) of Article 8 of Implementing Regulation (EU) No 1273/2011 show that, for the quota with order number 09.4138, the applications lodged in the first 10 working days of October 2017 under Article 4(1) of that Implementing Regulation cover a quantity greater than that available. The extent to which import licences may be issued should therefore be determined by fixing the allocation coefficient to be applied to the quantities requested under the quota concerned, calculated in accordance with Article 7(2) of Commission Regulation (EC) No 1301/2006 (3).

               (4)

               The notifications also show that, for the quota with order number 09.4148, the applications lodged in the first 10 working days of October 2017 under Article 4(1) of Implementing Regulation (EU) No 1273/2011 cover a quantity less than that available.

               (5)

               The final percentage take-up for 2017 of each quota provided for by Implementing Regulation (EU) No 1273/2011 should also be made known.

               (6)

               In order to ensure sound management of the procedure of issuing import licences, this Regulation should enter into force immediately after its publication,

         HAS ADOPTED THIS REGULATION:
   Article 1
   1.   For import licence applications for rice under the quota with order number 09.4138 referred to in Implementing Regulation (EU) No 1273/2011 lodged in the first 10 working days of October 2017, licences shall be issued for the quantity requested, multiplied by the allocation coefficient set out in the Annex to this Regulation.
   2.   The final percentage take-up for 2017 of each quota provided for by Implementing Regulation (EU) No 1273/2011 is given 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, 26 October 2017.

            For the Commission,

            On behalf of the President,

         Jerzy PLEWA

            Director-General

            Directorate-General for Agriculture and Rural Development

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

      (2)  Commission Implementing Regulation (EU) No 1273/2011 of 7 December 2011 opening and providing for the administration of certain tariff quotas for imports of rice and broken rice (OJ L 325, 8.12.2011, p. 6).

      (3)  Commission Regulation (EC) No 1301/2006 of 31 August 2006 laying down common rules for the administration of import tariff quotas for agricultural products managed by a system of import licences (OJ L 238, 1.9.2006, p. 13).

      ANNEX

         Quantities to be allocated for the October 2017 subperiod under Implementing Regulation (EU) No 1273/2011 and final percentage take-up for 2017

                  (a)

                  Quota of wholly milled or semi-milled rice covered by CN code 1006 30 as provided for in Article 1(1)(a) of Implementing Regulation (EU) No 1273/2011:

                              Origin

                              Order number

                              Allocation coefficient for October 2017 subperiod

                              Final percentage take-up of the quota for 2017

                              United States

                              09.4127

                              97,44 %

                              Thailand

                              09.4128

                              99,18 %

                              Australia

                              09.4129

                              54,71 %

                              Other origins

                              09.4130

                              100,00 %

                              All countries

                              09.4138

                              1,016010 %

                              100,00 %

                  (b)

                  Quota of husked rice covered by CN code 1006 20 as provided for in Article 1(1)(b) of Implementing Regulation (EU) No 1273/2011:

                              Origin

                              Order number

                              Allocation coefficient for October 2017 subperiod

                              Final percentage take-up of the quota for 2017

                              All countries

                              09.4148

                              — (1)

                              1,44 %

                  (c)

                  Quota of broken rice covered by CN code 1006 40 00 as provided for in Article 1(1)(c) of Implementing Regulation (EU) No 1273/2011:

                              Origin

                              Order number

                              Final percentage take-up of the quota for 2017

                              Thailand

                              09.4149

                              2,28 %

                              Australia

                              09.4150

                              5,25 %

                              Guyana

                              09.4152

                              0,00 %

                              United States

                              09.4153

                              0,76 %

                              Other origins

                              09.4154

                              100,00 %

                  (d)

                  Quota of wholly milled or semi-milled rice covered by CN code 1006 30 as provided for in Article 1(1)(d) of Implementing Regulation (EU) No 1273/2011:

                              Origin

                              Order number

                              Final percentage take-up of the quota for 2017

                              Thailand

                              09.4112

                              100,00 %

                              United States

                              09.4116

                              100,00 %

                              India

                              09.4117

                              100,00 %

                              Pakistan

                              09.4118

                              100,00 %

                              Other origins

                              09.4119

                              100,00 %

                              All countries

                              09.4166

                              100,00 %

                  (e)

                  Quota of broken rice covered by CN code 1006 40 00 as provided for in Article 1(1)(e) of Implementing Regulation (EU) No 1273/2011:

                              Origin

                              Order number

                              Allocation coefficient for October 2017 subperiod

                              Final percentage take-up of the quota for 2017

                              All countries

                              09.4168

                              — (2)

                              100,00 %

         (1)  No allocation coefficient applied for this subperiod: no licence applications were notified to the Commission.

         (2)  No quantity available for this subperiod


title: Commission Implementing Regulation (EU) 2017/2004 of 8 November 2017 approving 2-methylisothiazol-3(2H)-one as an existing active substance for use in biocidal products of product-type 12 (Text with EEA relevance. )

text:
               9.11.2017

               EN

               Official Journal of the European Union

               L 290/11

         COMMISSION IMPLEMENTING REGULATION (EU) 2017/2004
   of 8 November 2017
   approving 2-methylisothiazol-3(2H)-one as an existing active substance for use in biocidal products of product-type 12
   (Text with EEA relevance)
   THE EUROPEAN COMMISSION,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to Regulation (EU) No 528/2012 of the European Parliament and of the Council of 22 May 2012 concerning the making available on the market and use of biocidal products (1), and in particular the third subparagraph of Article 89(1) thereof,
   Whereas:

               (1)

               Commission Delegated Regulation (EU) No 1062/2014 (2) establishes a list of existing active substances to be evaluated for their possible approval for use in biocidal products. That list includes 2-methylisothiazol-3(2H)-one.

               (2)

               2-methylisothiazol-3(2H)-one has been evaluated for use in products of product-type 12, slimicides, as described in Annex V to Regulation (EU) No 528/2012.

               (3)

               Slovenia was designated as evaluating competent authority and submitted the assessment report together with its recommendations on 7 April 2016.

               (4)

               In accordance with Article 7(2) of Delegated Regulation (EU) No 1062/2014, the opinion of the European Chemicals Agency was formulated on 2 March 2017 by the Biocidal Products Committee, having regard to the conclusions of the evaluating competent authority.

               (5)

               According to that opinion, biocidal products of product-type 12 containing 2-methylisothiazol-3(2H)-one may be expected to satisfy the criteria of Article 19(1)(b) of Regulation (EU) No 528/2012, provided that certain specifications and conditions concerning their use are complied with.

               (6)

               It is therefore appropriate to approve 2-methylisothiazol-3(2H)-one for use in biocidal products of product-type 12, subject to compliance with certain specifications and conditions.

               (7)

               Since 2-methylisothiazol-3(2H)-one meets the criteria for classification as skin sensitiser sub-category 1A as specified in Annex I to Regulation (EC) No 1272/2008 of the European Parliament and of the Council (3), treated articles treated with or incorporating 2-methylisothiazol-3(2H)-one should be appropriately labelled when placed on the market.

               (8)

               A reasonable period should be allowed to elapse before an active substance is approved in order to permit interested parties to take the preparatory measures necessary to meet the new requirements.

               (9)

               The measures provided for in this Regulation are in accordance with the opinion of the Standing Committee on Biocidal Products,

         HAS ADOPTED THIS REGULATION:
   Article 1
   2-methylisothiazol-3(2H)-one is approved as an active substance for use in biocidal products of product-type 12, subject to the specifications and conditions set out in the Annex.
   Article 2
   This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.

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

            For the Commission

            The President

         Jean-Claude JUNCKER

      (1)  OJ L 167, 27.6.2012, p. 1.

      (2)  Commission Delegated Regulation (EU) No 1062/2014 of 4 August 2014 on the work programme for the systematic examination of all existing active substances contained in biocidal products referred to in Regulation (EU) No 528/2012 of the European Parliament and of the Council (OJ L 294, 10.10.2014, p. 1).

      (3)  Regulation (EC) No 1272/2008 of the European Parliament and of the Council of 16 December 2008 on classification, labelling and packaging of substances and mixtures, amending and repealing Directives 67/548/EEC and 1999/45/EC, and amending Regulation (EC) No 1907/2006 (OJ L 353, 31.12.2008, p. 1).

      ANNEX

                  Common Name

                  IUPAC Name
                  Identification Numbers

                  Minimum degree of purity of the active substance (1)

                  Date of approval

                  Expiry date of approval

                  Product type

                  Specific conditions

                  2-methylisothiazol-3(2H)-one

                  IUPAC Name:
                  2-methylisothiazol-3(2H)-one
                  EC No: 220-239-6
                  CAS No: 2682-20-4

                  950 g/kg

                  1 April 2019

                  31 March 2029

                  12

                  The authorisations of biocidal products are subject to the following conditions:

                              1.

                              The product assessment shall pay particular attention to the exposures, the risks and the efficacy linked to any use covered by an application for authorisation, but not addressed in the Union-level risk assessment of the active substance.

                              2.

                              In view of the risks identified for the uses assessed, the product assessment shall pay particular attention to:

                                          (a)

                                          industrial and professional users;

                                          (b)

                                          surface water and sewage treatment plants.

                        The placing on the market of treated articles is subject to the following condition:
                  The person responsible for the placing on the market of a treated article treated with or incorporating 2-methylisothiazol-3(2H)-one shall ensure that the label of that treated article provides the information listed in the second subparagraph of Article 58(3) of Regulation (EU) No 528/2012.

         (1)  The purity indicated in this column was the minimum degree of purity of the active substance evaluated. The active substance in the product placed on the market can be of equal or different purity if it has been proven to be technically equivalent to the evaluated active substance.


title: Commission Implementing Regulation (EU) 2017/1971 of 26 October 2017 concerning the classification of certain goods in the Combined Nomenclature

text:
                  31.10.2017

                  EN

                  Official Journal of the European Union

                  L 281/11

            COMMISSION IMPLEMENTING REGULATION (EU) 2017/1971
      of 26 October 2017
      concerning the classification of certain goods in the Combined Nomenclature
      THE EUROPEAN COMMISSION,
      Having regard to the Treaty on the Functioning of the European Union,
      Having regard to Regulation (EU) No 952/2013 of the European Parliament and of the Council of 9 October 2013 laying down the Union Customs Code (1), and in particular Articles 57(4) and 58(2) thereof,
      Whereas:

                  (1)

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

                  (2)

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

                  (3)

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

                  (4)

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

                  (5)

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

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

         This Regulation shall be binding in its entirety and directly applicable in all Member States.
         Done at Brussels, 26 October 2017.

               For the Commission,

               On behalf of the President,

            Stephen QUEST

               Director-General

               Directorate-General for Taxation and Customs Union

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

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

         ANNEX

                     Description of the goods

                     Classification (CN-code)

                     Reasons

                     (1)

                     (2)

                     (3)

                     An electronic apparatus (so-called ‘Solid State Drive (SSD)’) with dimensions of approximately 100 × 70 × 7 mm, a 2,5 inch form factor and a storage capacity of 128 GB.
                     It is a semiconductor based electronic storage device, built on solid state architecture, with flash memory to store non-volatile data and Dynamic Random Access Memory (DRAM).
                     It has a Serial Advanced Technology Attachment (SATA) interface which permits integration in an automatic data-processing machine and is used as an internal data storage device.
                     (see image) (*1)

                     8471 70 98

                     Classification is determined by General Rules 1 and 6 for the interpretation of the Combined Nomenclature, Note 5 (C) to Chapter 84 and by the wording of CN codes 8471 , 8471 70  and 8471 70 98 .
                     Its objective characteristics such as the SATA interface, size and form factor are characteristics of a device of a kind used principally in an automatic data-processing machine, it is directly connectable to the central processing unit, and it is able to accept or deliver data in a form which can be used by the system. Classification under heading 8523  as solid state non-volatile storage device is therefore excluded.
                     Consequently, the device is to be classified under CN code 8471 70 98  as other storage units for automatic data-processing machines.

            (*1)  The image is purely for information.


title: Commission Implementing Regulation (EU) 2017/2066 of 13 November 2017 concerning the approval of mustard seeds powder as a basic substance in accordance with Regulation (EC) No 1107/2009 of the European Parliament and of the Council concerning the placing of plant protection products on the market, and amending the Annex to Commission Implementing Regulation (EU) No 540/2011 (Text with EEA relevance. )

text:
               14.11.2017

               EN

               Official Journal of the European Union

               L 295/43

         COMMISSION IMPLEMENTING REGULATION (EU) 2017/2066
   of 13 November 2017
   concerning the approval of mustard seeds powder as a basic substance in accordance with Regulation (EC) No 1107/2009 of the European Parliament and of the Council concerning the placing of plant protection products on the market, and amending the Annex to Commission Implementing Regulation (EU) No 540/2011
   (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 1107/2009 of the European Parliament and of the Council of 21 October 2009 concerning the placing of plant protection products on the market and repealing Council Directives 79/117/EEC and 91/414/EEC (1), and in particular Article 23(5) in conjunction with Article 13(2) thereof,
   Whereas:

               (1)

               In accordance with Article 23(3) of Regulation (EC) No 1107/2009, the Commission received on 6 June 2016 an application from the Institut Technique de l'Agriculture Biologique (ITAB) (France) for the approval of mustard seeds powder as a basic substance. That application was accompanied by the information required by the second subparagraph of Article 23(3) of Regulation (EC) 1107/2009.

               (2)

               The Commission asked the European Food Safety Authority (hereinafter ‘the Authority’) for scientific assistance. The Authority presented to the Commission a Technical Report on the mustard seeds powder on 20 January 2017 (2). The Commission presented the draft review report (3) and a draft of this Regulation to the Standing Committee on Plants, Animals, Food and Feed on 20 July 2017 and finalised them for the meeting of that Committee on 6 October 2017.

               (3)

               The documentation provided by the applicant shows that mustard seeds powder fulfils the criteria of a foodstuff as defined in Article 2 of Regulation (EC) No 178/2002 of the European Parliament and of the Council (4). Moreover, it is not predominantly used for plant protection purposes but nevertheless is useful in plant protection in a product consisting of the substance and water. Consequently, it is to be considered as a basic substance.

               (4)

               It has appeared from the examinations made that mustard seeds powder may be expected to satisfy, in general, the requirements laid down in Article 23 of Regulation (EC) No 1107/2009, in particular with regard to the uses which were examined and detailed in the Commission review report. It is therefore appropriate to approve mustard seeds powder as a basic substance.

               (5)

               In accordance with Article 13(2) of Regulation (EC) No 1107/2009 in conjunction with Article 6 thereof and in the light of current scientific and technical knowledge, it is, however, necessary to include certain conditions and restrictions.

               (6)

               In accordance with Article 13(4) of Regulation (EC) No 1107/2009, the Annex to Commission Implementing Regulation (EU) No 540/2011 (5) should be amended accordingly.

               (7)

               The measures provided for in this Regulation are in accordance with the opinion of the Standing Committee on Plants, Animals, Food and Feed,

         HAS ADOPTED THIS REGULATION:
   Article 1
   Approval of a basic substance
   The substance mustard seeds powder is approved as a basic substance as laid down in Annex I.
   Article 2
   Amendments to Implementing Regulation (EU) No 540/2011
   Implementing Regulation (EU) No 540/2011 is amended in accordance with Annex II to this Regulation.
   Article 3
   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, 13 November 2017.

            For the Commission

            The President

         Jean-Claude JUNCKER

      (1)  OJ L 309, 24.11.2009, p. 1.

      (2)  EFSA, 2017. Technical report on the outcome of the consultation with Member States and EFSA on the basic substance application for mustard seeds powder from Sinapis alba (Brassica alba), Brassica juncea and Brassica nigra for use in plant protection as fungicide. EFSA supporting publication 2017:EN-1169. 35 pp. doi:10.2903/sp.efsa.2017.

      (3)  http://ec.europa.eu/food/plant/pesticides/eu-pesticides-database/public/?event=activesubstance.selection&language=EN.

      (4)  Regulation (EC) No 178/2002 of the European Parliament and of the Council of 28 January 2002 laying down the general principles and requirements of food law, establishing the European Food Safety Authority and laying down procedures in matters of food safety (OJ L 31, 1.2.2002, p. 1).

      (5)  Commission Implementing Regulation (EU) No 540/2011 of 25 May 2011 implementing Regulation (EC) No 1107/2009 of the European Parliament and of the Council as regards the list of approved active substances (OJ L 153, 11.6.2011, p. 1).

      ANNEX I

                  Common Name, Identification Numbers

                  IUPAC Name

                  Purity (1)

                  Date of approval

                  Specific provisions

                  Mustard seeds powder

                  Not applicable

                  Food grade

                  4 December 2017

                  Mustard seeds powder shall be used in accordance with the specific conditions included in the conclusions of the review report on mustard seeds powder (SANTE/11309/2017) and in particular Appendices I and II thereof.

         (1)  Further details on identity, specification and manner of use of basic substance are provided in the review report.

      ANNEX II
      In Part C of the Annex to Implementing Regulation (EU) No 540/2011, the following entry is added:

                     Number

                     Common Name, Identification Numbers

                     IUPAC Name

                     Purity (1)

                     Date of approval

                     Specific provisions

                     ‘18

                     Mustard seeds powder

                     Not applicable

                     Food grade

                     4 December 2017

                     Mustard seeds powder shall be used in accordance with the specific conditions included in the conclusions of the review report on mustard seeds powder (SANTE/11309/2017) and in particular Appendices I and II thereof.’

         (1)  Further details on identity, specification and manner of use of basic substance are provided in the review report.


title: Commission Implementing Regulation (EU) 2017/1964 of 17 August 2017 amending Implementing Regulation (EU) 2016/1239 as regards certain rules on time limits and notifications of the quantities covered by licences in the rice sector (Text with EEA relevance. )

text:
               28.10.2017

               EN

               Official Journal of the European Union

               L 279/34

         COMMISSION IMPLEMENTING REGULATION (EU) 2017/1964
   of 17 August 2017
   amending Implementing Regulation (EU) 2016/1239 as regards certain rules on time limits and notifications of the quantities covered by licences in the rice sector
   (Text with EEA relevance)
   THE EUROPEAN COMMISSION,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to Regulation (EU) No 1308/2013 of the European Parliament and of the Council of 17 December 2013 establishing a common organisation of the markets in agricultural products and repealing Council Regulations (EEC) No 922/72, (EEC) No 234/79, (EC) No 1037/2001 and (EC) No 1234/2007 (1), and in particular Article 223(3)(b) and (c) thereof,
   Whereas:

               (1)

               Commission Implementing Regulation (EU) 2016/1239 (2) lays down rules for the application of Regulation (EU) No 1308/2013 with regard to the system of import and export licences, including those for rice. It also sets out detailed rules for notifications by Member States to the Commission.

               (2)

               It is necessary to clarify certain rules on time limits, including those for notifications of quantities of products covered by tariff quotas.

               (3)

               It is appropriate to include the obligation for Member States to notify the Commission of the quantities of rice covered by licences, as it existed in previous Regulations.

               (4)

               Implementing Regulation (EU) 2016/1239 should therefore be amended accordingly.

               (5)

               For reasons of clarity and legal certainty, this Regulation should enter into force on the same day as Commission Delegated Regulation (EU) 2017/1965 (3) that amends Delegated Regulation (EU) 2016/1237 (4) in relation to notifications in the rice sector.

               (6)

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

         HAS ADOPTED THIS REGULATION:
   Article 1
   Implementing Regulation (EU) 2016/1239 is amended as follows:

               (1)

               Article 3 is amended as follows:

                           (a)

                           paragraph 3 is replaced by the following:
                           ‘3.   Where in this Regulation a period for procedures is set, and the opening or closing date is a Saturday, Sunday, or public holiday as defined in Regulation (EEC, Euratom) No 1182/71:

                                       (a)

                                       the applicable opening date shall be the following working day and shall start at 0.00 hours, taking account of official office opening hours;

                                       (b)

                                       by way of derogation from Article 3(2)(b) and (4) of that Regulation, the applicable closing date shall be the following working day and shall end at 13.00 hours Brussels time.’;

                           (b)

                           the following paragraph 4 is added:
                           ‘4.   By way of derogation from paragraph 3, where for the purposes of this Regulation a time limit applies for the notification of quantities of products covered by applications for licences under a tariff quota or for the notification of unused quantities under a tariff quota, that time limit shall end with the expiry of the last hour of the last day, irrespective of whether that day is a Saturday, Sunday or public holiday.’

               (2)

               The following Article 19a is inserted:
               ‘Article 19a
               Notifications relating to rice
               Member States shall notify the Commission on a daily basis of the following:

                           (a)

                           as regards import licences other than those intended for the management of import tariff quotas, the total quantities covered by the licences issued, by origin and by product code;

                           (b)

                           as regards export licences, the total quantities covered by the licences issued and by product code.’

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

      This Regulation shall be binding in its entirety and directly applicable in all Member States.
      Done at Brussels, 17 August 2017.

            For the Commission

            The President

         Jean-Claude JUNCKER

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

      (2)  Commission Implementing Regulation (EU) 2016/1239 of 18 May 2016 laying down rules for the application of Regulation (EU) No 1308/2013 of the European Parliament and of the Council with regard to the system of import and export licences (OJ L 206, 30.7.2016, p. 44).

      (3)  Commission Delegated Regulation (EU) 2017/1965 of 17 August 2017 amending Delegated Regulation (EU) 2016/1237 as regards the nature and type of information to be notified for licences in the rice sector (see page 36 of this Official Journal).

      (4)  Commission Delegated Regulation (EU) 2016/1237 of 18 May 2016 supplementing Regulation (EU) No 1308/2013 of the European Parliament and of the Council with regard to the rules for applying the system of import and export licences and supplementing Regulation (EU) No 1306/2013 of the European Parliament and of the Council with regard to the rules on the release and forfeit of securities lodged for such licences, amending Commission Regulations (EC) No 2535/2001, (EC) No 1342/2003, (EC) No 2336/2003, (EC) No 951/2006, (EC) No 341/2007 and (EC) No 382/2008 and repealing Commission Regulations (EC) No 2390/98, (EC) No 1345/2005, (EC) No 376/2008 and (EC) No 507/2008 (OJ L 206, 30.7.2016, p. 1).


title: Commission Implementing Regulation (EU) 2017/1992 of 6 November 2017 entering a name in the register of protected designations of origin and protected geographical indications (‘Slavonski kulen’/‘Slavonski kulin’ (PGI))

text:
               7.11.2017

               EN

               Official Journal of the European Union

               L 288/2

         COMMISSION IMPLEMENTING REGULATION (EU) 2017/1992
   of 6 November 2017
   entering a name in the register of protected designations of origin and protected geographical indications (‘Slavonski kulen’/‘Slavonski kulin’ (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 Articles 15(1) and 52(3)(b) thereof,
   Whereas:

               (1)

               Pursuant to Article 50(2)(a) of Regulation (EU) No 1151/2012, Croatia's application to register the name ‘Slavonski kulen’/‘Slavonski kulin’ as protected geographical indication (PGI) was published in the Official Journal of the European Union (2).

               (2)

               On 11 February 2016 the Commission received the notice of opposition from Slovenia. The related reasoned statement of opposition was received by the Commission on 7 April 2016.

               (3)

               Finding such opposition admissible, by letter dated 13 May 2016, the Commission invited Croatia and Slovenia to engage in appropriate consultations for a period of 3 months to seek agreement among themselves in accordance with their internal procedures.

               (4)

               No agreement was reached between the parties. The information concerning the appropriate consultations carried out between Croatian and Slovenian parties was duly provided to the Commission. Therefore, the Commission should adopt a decision in accordance with the procedure referred to in Article 52(3)(b) of Regulation (EU) No 1151/2012, taking into account the results of these consultations.

               (5)

               The Commission has assessed the arguments provided in the reasoned statement of opposition and in the information provided to the Commission regarding the consultations between the interested parties and it has concluded that the name ‘Slavonski kulen’/‘Slavonski kulin’ should be registered as PGI.

               (6)

               In accordance with Article 10(1)(c) of Regulation (EU) No 1151/2012 the opponent alleged that the registration of ‘Slavonski kulen’/‘Slavonski kulin’ as a Protected Geographical Indication would jeopardise the existence of an identical product's name which has been legally on the market for more than 5 years preceding the date of the publication provided for in point (a) of Article 50(2).

               (7)

               According to the opponent, the Slovenian producer Celjske mesnine d.d. has been legitimately producing and marketing Slavonski kulen for over 25 years, with an average annual production output of around 70 tonnes. The Slovenian-made Slavonski kulen brings in some EUR 450 000 in sales annually, and owing to its high quality, production is on the rise. Evidence was given that the Slovenian-made Slavonski kulen has been marketed in Slovenia and elsewhere within the EU (Austria, Germany, Denmark, Sweden, Croatia) and in third countries (Serbia, Bosnia and Herzegovina) in the last 10 years.

               (8)

               The opponent holds, and there is no evidence submitted to the contrary, that the use of the name Slavonski kulen in Slovenia was never meant to exploit the reputation of the name as referred to the Croatian product, and consumers have never been misled as to the product's origin.

               (9)

               In the light of the above, the registration of the name ‘Slavonski kulen’/‘Slavonski kulin’ as PGI, and the resulting prohibition on the use of the name, would jeopardise the existence of an identical product's name utilised by Celjske mesnine. The requirements for the registration of the name ‘Slavonski kulen’/‘Slavonski kulin’ (PGI) have not been challenged. Therefore, that name qualifies for registration as PGI.

               (10)

               However, in the light of the information included in the Slovenian opposition, which gives the evidence that the Slovenian-made Slavonski kulen has been legally marketed with that name for more than 5 years but not for more than 25 years, it is appropriate to grant a transitional period of 5 years to the Slovenian company Celjske mesnine d.d., allowing it to continue to use the name jeopardised by the registration while adjusting marketing of its production on the market.

               (11)

               Whereas protection is granted for the term ‘Slavonski kulen’/‘Slavonski kulin’ as a whole, the non-geographical component of that term, ‘kulen’/‘kulin’, which defines a sort of sausage, may further be used, also in translation, throughout the Union, provided the principles and rules applicable in the Union's legal order are respected.

               (12)

               In the light of the above, the name ‘Slavonski kulen’/‘Slavonski kulin’ should be entered in the Register of protected designations of origin and protected geographical indications.

               (13)

               The measures provided for in this Regulation are in accordance with the opinion of the Agricultural Product Quality Policy Committee,

         HAS ADOPTED THIS REGULATION:
   Article 1
   The name ‘Slavonski kulen’/‘Slavonski kulin’ (PGI) is registered.
   The name in the first paragraph identifies a product from Class 1.2 Meat products (cooked, salted, smoked, etc.) of Annex XI to Commission Implementing Regulation (EU) No 668/2014 (3).
   Article 2
   The term ‘kulen’/‘kulin’ may continue to be used, also in translation within the territory of the European Union, provided the principles and rules applicable in the European Union's legal order are respected.
   Article 3
   The Slovenian company Celjske mesnine d.d. may continue to use the term ‘Slavonski kulen’ to designate a product not complying with the specification for ‘Slavonski kulen’/‘Slavonski kulin’ (PGI) for a period of 5 years from the date of entry into force of this Regulation.
   Article 4
   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, 6 November 2017.

            For the Commission

            The President

         Jean-Claude JUNCKER

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

      (2)  OJ C 375, 12.11.2015, p. 9.

      (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) 2017/2205 of 29 November 2017 on detailed rules concerning the procedures for the notification of commercial vehicles with major or dangerous deficiencies identified during a technical roadside inspection (Text with EEA relevance. )

text:
               30.11.2017

               EN

               Official Journal of the European Union

               L 314/3

         COMMISSION IMPLEMENTING REGULATION (EU) 2017/2205
   of 29 November 2017
   on detailed rules concerning the procedures for the notification of commercial vehicles with major or dangerous deficiencies identified during a technical roadside inspection
   (Text with EEA relevance)
   THE EUROPEAN COMMISSION,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to Directive 2014/47/EU of the European Parliament and of the Council of 3 April 2014 on the technical roadside inspection of the roadworthiness of commercial vehicles circulating in the Union and repealing Directive 2000/30/EC (1), and in particular Article 18(1) thereof,
   Whereas:

               (1)

               In accordance with Article 18(1) of Directive 2014/47/EU, in cases where, inter alia, major or dangerous deficiencies are identified in a vehicle not registered in the Member State of inspection, the contact point is required to notify the results of the inspection to the contact point of the Member State where the vehicle is registered. The notification shall contain the elements of the roadside inspection report set out in its Annex IV, which has to be drawn up by the inspector on completion of a more detailed inspection in accordance with Article 16(2) of Directive 2014/47/EU.

               (2)

               In order to facilitate communication between the national contact points, the Commission is required to adopt detailed rules for the implementation of the notification procedure.

               (3)

               In accordance with Article 18(1) of Directive 2014/47/EU, the notification shall preferably be communicated through the national electronic register referred to in Article 16 of Regulation (EC) No 1071/2009 of the European Parliament and the Council (2).

               (4)

               Article 16(2) of Regulation (EC) No 1071/2009 specifies the mandatory minimum content of the national electronic registers. However, the elements of the roadside inspection report as set out in Annex IV to Directive 2014/47/EU do not form part of that mandatory minimum content.

               (5)

               Article 16(5) of Regulation (EC) No 1071/2009 provides that the national electronic registers are to be interconnected.

               (6)

               Due to the limited scope of Article 16(2) of Regulation (EC) No 1071/2009 and the resulting limited scope of the European Registers of Road Transport Undertakings' (ERRU) system, the notification set out in Article 18(1) of Directive 2014/47/EU cannot be transmitted via the national electronic registers using that system.

               (7)

               However in order to avoid unnecessary administrative burdens and costs, the system architecture of ERRU should be used to develop the messaging system for the notification stipulated by Article 18(1) of Directive 2014/47/EU.

               (8)

               The common rules for the interconnection via ERRU are established in Commission Regulation (EU) No 1213/2010 (3).

               (9)

               Commission Implementing Regulation (EU) 2016/480 (4) will introduce significant amendments to the general functionalities of ERRU and replace Regulation (EU) No 1213/2010 as of 30 January 2019. The messaging system used for the roadside inspection (RSI) notification will be built on the general functionalities of ERRU.

               (10)

               In order to limit administrative burdens and procedures and to ensure coherence it is therefore necessary that the messaging system used for notifications following a RSI also becomes applicable as of 30 January 2019.

               (11)

               The provisions on personal data protection, as laid down in particular by Directive 95/46/EC of the European Parliament and the Council (5), apply to the processing of any personal data pursuant to Directive 2014/47/EU. In particular, Member States should implement appropriate security measures to prevent misuse of personal data.

               (12)

               Where applicable, the provisions on personal data protection, as laid down by Regulation (EC) No 45/2001 of the European Parliament and of the Council (6) apply to the processing of any personal data pursuant to Directive 2014/47/EU.

               (13)

               The measures provided for in this Regulation are adopted in accordance with the opinion of the Committee set up by Article 19(1) of Directive 2014/45/EU of the European Parliament and of the Council (7),

         HAS ADOPTED THIS REGULATION:
   Article 1
   Subject matter
   This Regulation lays down the rules applicable to the notification of the results of a technical roadside inspection (RSI) of commercial vehicles with major or dangerous deficiencies communicated via the RSI system referred to in Article 3.
   Article 2
   Definitions
   In addition to the definitions set out in Regulation (EU) 2016/480, for the purposes of this Regulation, the following definitions shall apply:

               (1)

               ‘RSI message’ means the notification message following a more detailed technical roadside inspection referred to in Article 10(3) of Directive 2014/47/EU sent via the RSI system or other secure network in a structured format as set out in the Annex to this Regulation;

               (2)

               RSI more detailed report means the document issued after a more detailed roadside inspection referred to in Article 16(2) of Directive 2014/47/EU;

               (3)

               ‘Member State of registration’ means the Member State in which the vehicle is registered or, in cases where the vehicle is not subject to registration under the national legislation, put into service.

         Article 3
   RSI system
   1.   The Commission shall set up a messaging system (RSI system) using the system architecture of the messaging system of the European Registers of Road Transport Undertakings in accordance with Regulation (EU) 2016/480. The RSI system shall facilitate the notification obligation laid down in Article 18(1) of Directive 2014/47/EU.
   2.   The RSI system shall fulfil the technical specifications laid down in Annexes I, III points 1 and 2, V, VI and VII to Implementing Regulation (EU) 2016/480 and in the Annex to this Regulation.
   Article 4
   Notification
   1.   The contact point of the Member State which carried out the technical roadside inspection shall notify without delay the results of the inspection to the Member State of registration.
   2.   The Member State conducting the technical roadside inspection shall notify the Member State of registration using the RSI system, in accordance with the procedures and technical requirements laid down in the Annex.
   Article 5
   Entry into force and application
   This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.
   It shall apply from 30 June 2020.
   However, Article 4(1) shall apply from 20 May 2018.

      This Regulation shall be binding in its entirety and directly applicable in all Member States.
      Done at Brussels, 29 November 2017.

            For the Commission

            The President

         Jean-Claude JUNCKER

      (1)  OJ L 127, 29.4.2014, p. 134.

      (2)  Regulation (EC) No 1071/2009 of the European Parliament and the Council of 21 October 2009 establishing common rules concerning the conditions to be complied with to pursue the occupation of road transport operator and repealing Council Directive 96/26/EC (OJ L 300, 14.11.2009, p. 51).

      (3)  Commission Regulation (EU) No 1213/2010 of 16 December 2010 establishing common rules concerning the interconnection of national electronic registers on road transport undertakings (OJ L 335, 18.12.2010, p. 21).

      (4)  Commission Implementing Regulation (EU) 2016/480 of 1 April 2016 establishing common rules concerning the interconnection of national electronic registers on road transport undertakings and repealing Regulation (EU) No 1213/2010 (OJ L 87, 2.4.2016, p. 4).

      (5)  Directive 95/46/EC of the European Parliament and the Council of 24 October 1995 on the protection of individuals with regard to the processing of personal data and on the free movement of such data (OJ L 281, 23.11.1995, p. 31).

      (6)  Regulation (EC) No 45/2001 of the European Parliament and of the Council of 18 December 2000 on the protection of individuals with regard to the processing of personal data by the Community institutions and bodies and on the free movement of such data (OJ L 8, 12.1.2001, p. 1).

      (7)  Directive 2014/45/EU of the European Parliament and of the Council of 3 April 2014 on periodic roadworthiness tests for motor vehicles and their trailers and repealing Directive 2009/40/EC (OJ L 127, 29.4.2014, p. 51).

      ANNEX

         Minimum requirements for the content of the XML messages

      1.   Header

      All the XML messages exchanged with the system shall have the same header to identify the sender, the recipient, the date and time sent, and some technical information.

                  Common Header

                  Mandatory

                  Version

                  The official version of the XML specifications shall be specified through the namespace defined in the message XML Schema Definition file (XSD) and in the version attribute of the header element of any XML message. The version number (‘n.m’) shall be defined as fixed value in every release of the XSD.

                  Yes

                  Test Identifier

                  Optional id for testing. The originator of the test shall populate the id and all participants in the workflow shall forward/return the same id. In production it shall be ignored and shall not be used if it is supplied.

                  No

                  Technical Identifier

                  A UUID uniquely identifying each individual message. The sender generates a UUID and populates this attribute. This data is not used in any business capacity.

                  Yes

                  Workflow Identifier

                  The workflow Id is a UUID and shall be generated by the requesting Member State. This id is then used in all messages to correlate the workflow.

                  Yes

                  Sent At

                  The date and time in Coordinated Universal Time (UTC) format when the message was sent.

                  Yes

                  Timeout

                  This is an optional date and time (in UTC format) attribute. This value shall be set only by the Hub for forwarded requests. This shall inform the responding Member State of the time when the request will be timed out. It is optional so that the same header definition may be used for all message types regardless of whether or not the Timeout attribute is required.
                  NOT USED, as we send only notifications, no response is expected.

                  No

                  From

                  The ISO 3166-1 Alpha 2 code of the Member State sending the message or ‘EU’ (‘EU’ used when sending error messages from the Hub).

                  Yes

                  To

                  The ISO 3166-1 Alpha 2 code of the Member State to which the message is being sent or ‘EU’ (‘EU’ used when sending error messages to the Hub).

                  Yes

            2.   More Detailed Report

      In case of communicating the result of a more detailed technical roadside inspection, the RSI message and the automatically sent acknowledgement message shall be composed as follows.
      In order to facilitate the notification, the checklist set out in Annex IV, the reasons for failure and the assessment of the deficiencies set out in Annex II to Directive 2014/47/EU shall be included in the RSI message as an optional content.
      The RSI message shall always be sent by the Member State of inspection to the Member State of registration. The receipt of the RSI message shall not be refused.
      The acknowledgement message serves to acknowledge the reception of the notification message.

                  RSI Notification Request

                  Mandatory

                  Business Case Identifier

                  A serial or reference number identifying each individual case.
                  A case Id could be used to keep a link when more than one workflow of messages is used to treat the same case, for instance when sending an initial notification and later a more detailed one, both related to the same case.
                  (Text)

                  Yes

                  Sending Authority

                  The competent authority that issues the RSI message.
                  (Text)

                  Yes

                     RSI Details

                     Yes

                  RSI Identifier

                  The unique ID of the RSI in the Member State of inspection.
                  Facilitates communication and allows the Member State of registration to ask for more details to the Member State of inspection, who can use it to search in their database.
                  (Text)

                  No

                  Location

                  The place where the RSI occurred. Could be exact coordinates, municipality, town, etc.
                  (Text)

                  Yes

                  Date/Time

                  The date of the RSI in ISO 8601 UTC Format (YYYY-MM-DDThh:mm:ssZ)

                  Yes

                  Inspector

                  The name of the officer, inspector or authority who conducted the RSI.
                  (Text)

                  Yes

                     Vehicle Details

                     Yes

                  Category

                  The vehicle category.

                              —

                              N2 (3,5 to 12 t)

                              —

                              N3 (more than 12 t)

                              —

                              O3 (3,5 to 12 t)

                              —

                              O4 (more than 10 t)

                              —

                              M2 (> 9 seats to 5 t)

                              —

                              M3 (> 9 seats more than 5 t)

                              —

                              T5

                              —

                              T1b,

                              —

                              T2b,

                              —

                              T3b,

                              —

                              T4.1b,

                              —

                              T4.2b

                              —

                              T4.3b

                              —

                              Other vehicle category

                        (Selectable list, one item selected only)

                  Yes

                  Other category

                  Specify the other category:

                              —

                              M1, N1, O1, O2, T1a, T2a, T3a, T4a, T4.1a, T4.2a, T4.3a, C, R1a, R1b, R2a, R2b, R3a, R3b, R4a, R4b, S1a, S1b, S2a, S2b, L1e, L2e, L3e, L4e, L5e, L6e, L7e

                        (Selectable list, one item selected only, only if Other is chosen but not mandatory)

                  No

                  Registration

                  The registration number of the vehicle.
                  (Text)

                  Yes

                  VIN

                  The vehicle identification number of the vehicle.
                  (Text)

                  Yes

                  Odometer

                  The odometer reading of the vehicle at the time of the RSI.
                  IMPORTANT: If an odometer is fitted, this field must be filled in, otherwise put ‘0’.
                  (Number)

                  Yes

                     Transport Undertaking/Holder Details

                     Yes (One of both must be filled Undertaking or Holder)

                     Transport Undertaking

                     Yes (Only if Undertaking)

                  Undertaking Name

                  The name of the transport undertaking.
                  (Text)

                  Yes

                  Undertaking Address

                  The address of the transport undertaking (address, postal code, city, country).
                  (Text)

                  Yes

                  Undertaking Community Licence

                  The number of the Community licence (according to Regulations (EC) No 1072/2009 and (EC) No 1073/2009)
                  IMPORTANT: If the Community licence is known it must be filled in.
                  (Text)

                  Yes

                     Holder (in case of no undertaking)

                     Yes (Only if Holder)

                     Company

                     Yes (Only if Holder is a company)

                  Name

                  The name of the Holder company.
                  (Text)

                  Yes

                  Address

                  The address of the Holder company (address, postal code, city, country).
                  (Text)

                  Yes

                     Natural person

                     Yes (Only if Holder is a natural person)

                  Family Name

                  The family name of the Holder.
                  (Text)

                  Yes

                  First Name

                  The first name(s) of the Holder.
                  (Text)

                  Yes

                  Address

                  The address of the Holder (address, postal code, city, country).
                  (Text)

                  Yes

                  Registration certificate

                  Number of the ‘Registration certificate’.

                  No

                     Driver Details

                     Yes

                  Family Name

                  The family name of the driver.
                  (Text)

                  Yes

                  First Name

                  The first name(s) of the driver.
                  (Text)

                  Yes

                  Driving Licence

                  The driving licence number of the driver. If possible, for better identification.
                  (Text)

                  No

                  Driving Licence country

                  The country where the driving licence was issued in two letter code ISO 3166-1 alpha 2.

                  No

                     Checked item

                     (this section is repeated for each Checked Item; mandatory for a RSI message and then at least one item must be indicated as checked)

                     Yes

                  Item

                  The items defined in checklist of Annex IV to Directive 2014/47/EU.
                  If an item is selected, it means that it has been checked.
                  List items:

                              (0)

                              Identification

                              (1)

                              Braking equipment

                              (2)

                              Steering

                              (3)

                              Visibility

                              (4)

                              Lighting equipment and electrical system

                              (5)

                              Axles, wheels, tyres, suspension

                              (6)

                              Chassis and chassis attachments

                              (7)

                              Other equipment incl. tachograph and speed limitation device

                              (8)

                              Nuisance incl. emissions and spillage of fuel and/or oil

                              (9)

                              Supplementary tests for category M2 and M3 vehicles

                              (10)

                              Cargo securing

                        (Selectable list, one item selected only)

                  Yes

                  Failed?

                  For each Checked item the result of the check (Passed/Failed): True if Failed
                  (True/False)

                  Yes

                     Checked item detail

                     (If result is Failed, for each Checked item this section is repeated for each deficiency found)

                     No (Only if result is Failed, but it's not mandatory to indicate more details)

                  Reason for failure

                  For each Checked item = Failed, the detail of the deficiency as defined in Annex II to Directive 2014/47/EU.
                  List items:

                              —

                                 0.1.a IDENTIFICATION OF THE VEHICLE > Registration number plates (if needed by requirements) > Number plate(s) missing or so insecurely fixed that it is (they are) likely to fall off.

                              —

                                 1.1.1.a BRAKING EQUIPMENT > Mechanical condition and operation > Service brake pedal/hand lever pivot > Pivot too tight.

                              —

                                 6.2.5.a.1 CHASSIS AND CHASSIS ATTACHMENTS > Cab and bodywork > Driver's seat > Seat with defective structure.

                              —

                              Etc.

                        (Selectable list, one item selected only, if there are more than one deficiencies this sub-section shall be repeated for each one)

                     The assessment of the deficiency is not indicated, it is known in accordance with Annex II to Directive 2014/47/EU.

                     IMPORTANT: In Annex II, some reasons for failure are not numbered, i.e. 6.2.5.a has two options, to know to which one we are referring they shall be numbered 1 and 2 in the system.

                  Yes

                  Rectified?

                  Has the failure been rectified in the Member State of inspection? True = Yes
                  (True/False)

                  No

                     Result of inspection

                     Yes

                  Result of inspection

                  The RSI result (Passed/Failed): True if Passed
                  (True/False)

                  Yes

                  Prohibition or Restriction

                  Prohibition or restriction of using the vehicle, which has dangerous deficiencies.
                  (True/False)

                  Yes

                  PTI Requested?

                  Is the Member State of inspection requesting the Member State of registration to conduct a periodical technical inspection? True = Yes
                  (True/False)

                  Yes

                  RSI Notification Acknowledgement
                  (Sent automatically)

                  Mandatory

                  Status Code

                  Status code of the acknowledgement.
                  (Selectable list, one item selected only)

                  Yes

                  Status Message

                  Any additional comments to the Status Code.
                  (Text)

                  No


title: Commission Implementing Regulation (EU) 2018/267 of 19 February 2018 concerning the classification of certain goods in the Combined Nomenclature

text:
               23.2.2018

               EN

               Official Journal of the European Union

               L 51/8

         COMMISSION IMPLEMENTING REGULATION (EU) 2018/267
   of 19 February 2018
   concerning the classification of certain goods in the Combined Nomenclature
   THE EUROPEAN COMMISSION,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to Regulation (EU) No 952/2013 of the European Parliament and of the Council of 9 October 2013 laying down the Union Customs Code (1), and in particular Articles 57(4) and 58(2) thereof,
   Whereas:

               (1)

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

               (2)

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

               (3)

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

               (4)

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

               (5)

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

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

      This Regulation shall be binding in its entirety and directly applicable in all Member States.
      Done at Brussels, 19 February 2018.

            For the Commission,

            On behalf of the President,

         Stephen QUEST

            Director-General

            Directorate-General for Taxation and Customs Union

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

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

      ANNEX

                  Description of goods

                  Classification (CN Code)

                  Reasons

                  (1)

                  (2)

                  (3)

                              1.

                              A product (so-called ‘masterbatch’) in the form of thermoplastic pellets composed of:

                                          —

                                          lavender oil,

                                          —

                                          peppermint oil,

                                          —

                                          citronellal,

                                          —

                                          sodium benzoate,

                                          —

                                          a polymer (Ethylene-Vinyl Acetate (EVA) or Low Density Polyethylene (LDPE)).

                                    The product is used as raw material for the incorporation of the essential oils during the plastic transformation process. The purpose is to prevent certain animals biting and damaging finished plastic products.

                  3302 90 90

                  Classification is determined by general rules 1 and 6 for the interpretation of the Combined Nomenclature, Note 2 to Chapter 33 and by the wording of CN codes 3302 , 3302 90  and 3302 90 90 .
                  Classification under heading 3901  is excluded because the polymeric content of the product (EVA or LDPE) is acting only as a carrier of the essential oils.
                  The essential oils are the main component and give the product its essential character (i.e. having repelling properties against rodents, termites and other animals).
                  The product is therefore to be classified under CN code 3302 90 90  as other mixtures of odoriferous substances and mixtures with a basis of one or more of these substances, of a kind used as raw materials in industry.

                              2.

                              A product (so-called ‘masterbatch’) in the form of thermoplastic pellets composed of:

                                          —

                                          permethrin (ISO),

                                          —

                                          thymol oil,

                                          —

                                          eugenol oil,

                                          —

                                          citral oil,

                                          —

                                          denatonium benzoate,

                                          —

                                          benzoic acid derivatives,

                                          —

                                          lidocaine (INN),

                                          —

                                          a polymer (Ethylene-Vinyl Acetate (EVA) or Low Density Polyethylene (LDPE)).

                                    The product is used as raw material for the incorporation of the insecticide during the plastic transformation process. The purpose is to prevent termites biting and damaging finished plastic products.

                  3808 91 10

                  Classification is determined by general rules 1 and 6 for the interpretation of the Combined Nomenclature and by the wording of CN codes 3808 , 3808 91  and 3808 91 10 .
                  Classification under heading 3901  is excluded because the polymeric content of the product (EVA or LDPE) is acting only as a carrier of the insecticide.
                  Classification under heading 3302  is excluded because there are only traces of essential oils (thymol, eugenol and citral) in the product. Therefore they are not contributing significantly to the essential character of the product. The insecticide (permethrin (ISO)) is the main component and gives the product its essential character (i.e. to act against termites).
                  The product is therefore to be classified under CN code 3808 91 10  as insecticides based on pyrethroids.


title: Commission Implementing Regulation (EU) 2018/265 of 16 February 2018 approving non-minor amendments to the specification for a name entered in the register of protected designations of origin and protected geographical indications (Squacquerone di Romagna (PDO))

text:
               23.2.2018

               EN

               Official Journal of the European Union

               L 51/5

         COMMISSION IMPLEMENTING REGULATION (EU) 2018/265
   of 16 February 2018
   approving non-minor amendments to the specification for a name entered in the register of protected designations of origin and protected geographical indications (Squacquerone di Romagna (PDO))
   THE EUROPEAN COMMISSION,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to Regulation (EU) No 1151/2012 of the European Parliament and of the Council of 21 November 2012 on quality schemes for agricultural products and foodstuffs (1), and in particular Article 52(2) thereof,
   Whereas:

               (1)

               Pursuant to the first subparagraph of Article 53(1) of Regulation (EU) No 1151/2012, the Commission has examined Italy's application for the approval of amendments to the specification for the protected designation of origin ‘Squacquerone di Romagna’, registered under Commission Regulation (EU) No 679/2012 (2).

               (2)

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

               (3)

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

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

      This Regulation shall be binding in its entirety and directly applicable in all Member States.
      Done at Brussels, 16 February 2018.

            For the Commission,

            On behalf of the President,

         Phil HOGAN

            Member of the Commission

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

      (2)  Commission Implementing Regulation (EU) No 679/2012 of 24 July 2012 entering a name in the register of protected designations of origin and protected geographical indications (Squacquerone di Romagna (PDO)) (OJ L 198, 25.7.2012, p. 6).

      (3)  OJ C 368, 28.10.2017, p. 16.


title: Commission Implementing Regulation (EU) 2018/268 of 21 February 2018 amending Regulation (EC) No 1484/95 as regards fixing representative prices in the poultrymeat and egg sectors and for egg albumin

text:
               23.2.2018

               EN

               Official Journal of the European Union

               L 51/11

         COMMISSION IMPLEMENTING REGULATION (EU) 2018/268
   of 21 February 2018
   amending Regulation (EC) No 1484/95 as regards fixing representative prices in the poultrymeat and egg sectors and for egg albumin
   THE EUROPEAN COMMISSION,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to Regulation (EU) No 1308/2013 of the European Parliament and of the Council of 17 December 2013 establishing a common organisation of the markets in agricultural products and repealing Council Regulations (EEC) No 922/72, (EEC) No 234/79, (EC) No 1037/2001 and (EC) No 1234/2007 (1), and in particular Article 183(b) thereof,
   Having regard to Regulation (EU) No 510/2014 of the European Parliament and of the Council of 16 April 2014 laying down the trade arrangements applicable to certain goods resulting from the processing of agricultural products and repealing Council Regulations (EC) No 1216/2009 and (EC) No 614/2009 (2), and in particular Article 5(6)(a) thereof,
   Whereas:

               (1)

               Commission Regulation (EC) No 1484/95 (3) lays down detailed rules for implementing the system of additional import duties and fixes representative prices in the poultrymeat and egg sectors and for egg albumin.

               (2)

               Regular monitoring of the data used to determine representative prices for poultrymeat and egg products and for egg albumin shows that the representative import prices for certain products should be amended to take account of variations in price according to origin.

               (3)

               Regulation (EC) No 1484/95 should therefore be amended accordingly.

               (4)

               Given the need to ensure that this measure applies as soon as possible after the updated data have been made available, this Regulation should enter into force on the day of its publication,

         HAS ADOPTED THIS REGULATION:
   Article 1
   Annex I to Regulation (EC) No 1484/95 is replaced by the text set out in the Annex to this Regulation.
   Article 2
   This Regulation shall enter into force on the day of its publication in the Official Journal of the European Union.

      This Regulation shall be binding in its entirety and directly applicable in all Member States.
      Done at Brussels, 21 February 2018.

            For the Commission,

            On behalf of the President,

         Jerzy PLEWA

            Director-General

            Directorate-General for Agriculture and Rural Development

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

      (2)  OJ L 150, 20.5.2014, p. 1.

      (3)  Commission Regulation (EC) No 1484/95 of 28 June 1995 laying down detailed rules for implementing the system of additional import duties and fixing representative prices in the poultrymeat and egg sectors and for egg albumin, and repealing Regulation No 163/67/EEC (OJ L 145, 29.6.1995, p. 47).

      ANNEX
      ‘
            ANNEX I

                        NC code

                        Description

                        Representative price
                        (EUR/100 kg)

                        Security under Article 3
                        (EUR/100 kg)

                        Origin (1)

                        0207 12 10

                        Fowls of the species Gallus domesticus, not cut in pieces, presented as “70 % chickens”, frozen

                        116,8

                        0

                        AR

                        0207 12 90

                        Fowls of the species Gallus domesticus, not cut in pieces, presented as “65 % chickens”, frozen

                        132,1

                        0

                        AR

                        118,7

                        0

                        BR

                        0207 14 10

                        Fowls of the species Gallus domesticus, boneless cuts, frozen

                        244,4

                        17

                        AR

                        225,4

                        22

                        BR

                        314,4

                        0

                        CL

                        255,8

                        13

                        TH

                        0207 27 10

                        Turkeys, boneless cuts, frozen

                        320,5

                        0

                        BR

                        314,7

                        0

                        CL

                        0408 91 80

                        Eggs, not in shell, dried

                        446,6

                        0

                        AR

                        1602 32 11

                        Preparations of fowls of the species Gallus domesticus, uncooked

                        224,3

                        19

                        BR

                  ’

         (1)  Nomenclature of countries laid down by Commission Regulation (EU) No 1106/2012 of 27 November 2012 implementing Regulation (EC) No 471/2009 of the European Parliament and of the Council on Community statistics relating to external trade with non-member countries, as regards the update of the nomenclature of countries and territories (OJ L 328, 28.11.2012, p. 7).


title: Commission Implementing Regulation (EU) 2018/244 of 15 February 2018 concerning the authorisation of vanillyl acetone and 4-(4-methoxyphenyl) butan-2-one as feed additives for all animal species and the denial of 1-phenylethan-1-ol (Text with EEA relevance. )

text:
                  23.2.2018

                  EN

                  Official Journal of the European Union

                  L 53/81

            COMMISSION IMPLEMENTING REGULATION (EU) 2018/244
      of 15 February 2018
      concerning the authorisation of vanillyl acetone and 4-(4-methoxyphenyl) butan-2-one as feed additives for all animal species and the denial of 1-phenylethan-1-ol
      (Text with EEA relevance)
      THE EUROPEAN COMMISSION,
      Having regard to the Treaty on the Functioning of the European Union,
      Having regard to Regulation (EC) No 1831/2003 of the European Parliament and of the Council of 22 September 2003 on additives for use in animal nutrition (1), and in particular Article 9(2) thereof,
      Whereas:

                  (1)

                  Regulation (EC) No 1831/2003 provides for the authorisation of additives for use in animal nutrition and for the grounds and procedures for granting such authorisation. Article 10 of that Regulation provides for the re-evaluation of additives authorised pursuant to Council Directive 70/524/EEC (2).

            HAS ADOPTED THIS REGULATION:
      Article 1
      Authorisation
      The substances specified in the Annex, belonging to the additive category ‘sensory additives’ and to the functional group ‘flavouring compounds’, are authorised as feed additives in animal nutrition subject to the conditions laid down in that Annex.
      Article 2
      Denial
      The authorisation of 1-phenylethan-1-ol, as additive belonging to the additive category ‘sensory additives’ and to the functional group ‘flavouring compounds’ is denied.
      Article 3
      Transitional measures
      1.   Vanillyl acetone, 4-(4-methoxyphenyl) butan-2-one and 1-phenylethan-1-ol and premixtures containing those substances, which are produced and labelled before 15 September 2018 in accordance with the rules applicable before 15 March 2018 may continue to be placed on the market and used until the existing stocks are exhausted.
      2.   Feed materials and compound feed containing vanillyl acetone, 4-(4-methoxyphenyl) butan-2-one and 1-phenylethan-1-ol which are produced and labelled before 15 March 2019 in accordance with the rules applicable before 15 March 2018 may continue to be placed on the market and used until the existing stocks are exhausted if they are intended for food-producing animals.
      3.   Feed materials and compound feed containing vanillyl acetone, 4-(4-methoxyphenyl) butan-2-one and 1-phenylethan-1-ol which are produced and labelled before 15 March 2020 in accordance with the rules applicable before 15 March 2018 may continue to be placed on the market and used until the existing stocks are exhausted if they are intended for non-food-producing animals.
      Article 4
      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, 15 February 2018.

               For the Commission

               The President

            Jean-Claude JUNCKER

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

         (2)  Council Directive 70/524/EEC of 23 November 1970 concerning additives in feedingstuffs (OJ L 270, 14.12.1970, p. 1).

         (3)  EFSA Journal 2016;14(8):4557.

         ANNEX

                     Identification number of the additive

                     Name of the holder of authorisation

                     Additive

                     Composition, chemical formula, description, analytical method

                     Species or category of animal

                     Maximum age

                     Minimum content

                     Maximum content

                     Other provisions

                     End of period of authorisation

                     mg of active substance/kg of complete feedingstuff with a moisture content of 12 %

                        Category: Sensory additives. Functional group: Flavouring compounds

                     2b07005

                     —

                     Vanillyl acetone

                        Additive composition

                     Vanillyl acetone

                        Characterisation of the active substance

                     Vanillyl acetone
                     Produced by chemical synthesis
                     Purity: min. 95 % assay
                     Chemical formula: C11H14O3

                     CAS number: 122-48-5
                     FLAVIS No: 07.005

                        Method of analysis
                         (1)

                     For the determination of vanillyl acetone in the feed additive and in feed flavouring premixtures:
                     Gas chromatography mass spectrometry with retention time locking GC-MS-RTL.

                     All animal species

                     —

                     —

                     —

                                 1.

                                 The additive shall be incorporated into the feed in the form of a premixture.

                                 2.

                                 In the directions for use of the additive and premixtures, the storage and stability conditions shall be indicated.

                                 3.

                                 The recommended maximum content of the active substance shall be 5 mg/kg of complete feedingstuff with a moisture content of 12 %.

                                 4.

                                 On the label of the additive the following shall be indicated:
                                 ‘Recommended maximum content of the active substance of complete feedingstuff with a moisture content of 12 %: 5 mg/kg.’

                                 5.

                                 The functional group, the identification number, the name and the added amount of the active substance shall be indicated on the label of the premixtures and on the labelling of feed materials and compound feedingstuffs, if the content of the active substance in complete feedingstuff with a moisture content of 12 % exceeds: 5 mg/kg.

                                 6.

                                 For users of the additive and premixtures, feed business operators shall establish operational procedures and organisational measures to address potential risks by inhalation, dermal contact or eyes contact. Where those risks cannot be eliminated or reduced to a minimum by such procedures and measures, the additive and premixtures shall be used with personal protective equipment, including breathing protection, safety glasses and gloves.

                     15.3.2028

                     2b07029

                     —

                     4-(4-Methoxyphenyl) butan-2-one

                        Additive composition

                     4-(4-Methoxyphenyl) butan-2-one

                        Characterisation of the active substance

                     4-(4-Methoxyphenyl) butan-2-one
                     Produced by chemical synthesis
                     Purity: min. 96 % assay
                     Chemical formula: C11H14O2

                     CAS number 104-20-1
                     FLAVIS No 07.029

                        Method of analysis
                         (1)

                     For the determination of 4-(4-methoxyphenyl) butan-2-one in the feed additive and in feed flavouring premixtures:
                     Gas chromatography mass spectrometry with retention time locking GC-MS-RTL.

                     All animal species

                     —

                     —

                     —

                                 1.

                                 The additive shall be incorporated into the feed in the form of a premixture.

                                 2.

                                 In the directions for use of the additive and premixtures, the storage and stability conditions shall be indicated.

                                 3.

                                 The recommended maximum content of the active substance shall be 5 mg/kg of complete feedingstuff with a moisture content of 12 %.

                                 4.

                                 On the label of the additive the following shall be indicated:
                                 ‘Recommended maximum content of the active substance of complete feedingstuff with a moisture content of 12 %: 5 mg/kg.’

                                 5.

                                 The functional group, the identification number, the name and the added amount of the active substance shall be indicated on the label of the premixtures and on the labelling of feed materials and compound feedingstuffs, if the content of the active substance in complete feedingstuff with a moisture content of 12 % exceeds: 5 mg/kg.

                                 6.

                                 For users of the additive and premixtures, feed business operators shall establish operational procedures and organisational measures to address potential risks by inhalation, dermal contact or eyes contact. Where those risks cannot be eliminated or reduced to a minimum by such procedures and measures, the additive and premixtures shall be used with personal protective equipment, including breathing protection, safety glasses and gloves.

                     15.3.2028

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