title: Commission Implementing Regulation (EU) 2017/872 of 22 May 2017 amending Regulation (EC) No 1235/2008 laying down detailed rules for implementation of Council Regulation (EC) No 834/2007 as regards the arrangements for imports of organic products from third countries (Text with EEA relevance. )

text:
               23.5.2017

               EN

               Official Journal of the European Union

               L 134/6

         COMMISSION IMPLEMENTING REGULATION (EU) 2017/872
   of 22 May 2017
   amending Regulation (EC) No 1235/2008 laying down detailed rules for implementation of Council Regulation (EC) No 834/2007 as regards the arrangements for imports of organic products from third countries
   (Text with EEA relevance)
   THE EUROPEAN COMMISSION,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to Council Regulation (EC) No 834/2007 of 28 June 2007 on organic production and labelling of organic products and repealing Regulation (EEC) No 2092/91 (1), and in particular Article 33(2) and (3) and Article 38(d) thereof,
   Whereas:

               (1)

               Annex III to Commission Regulation (EC) No 1235/2008 (2) sets out the list of third countries whose systems of production and control measures for organic production of agricultural products are recognised as equivalent to those laid down in Regulation (EC) No 834/2007.

               (2)

               The Republic of Korea informed the Commission that its competent authority has added one control body to the list of control bodies recognised by the Republic of Korea.

               (3)

               Annex IV to Regulation (EC) No 1235/2008 sets out the list of control authorities and control bodies competent to carry out controls and issue certificates in third countries for the purpose of equivalence.

               (4)

               ‘Abcert AG’ has informed the Commission that it has ceased its certification activities in all third countries for which it was recognised and should no longer be listed in Annex IV to Regulation (EC) No 1235/2008.

               (5)

               The Commission has received and examined a request from ‘Agricert — Certificação de Produtos Alimentares LDA’ to be included in the list in Annex IV to Regulation (EC) No 1235/2008. Based on the information received, the Commission has concluded that it is justified to recognise ‘Agricert — Certificação de Produtos Alimentares LDA’ for product categories A and D in respect of Angola and Sao Tomé and Principe.

               (6)

               ‘Argencert SA’ has notified the Commission of the change of its address.

               (7)

               The Commission has received and examined a request from ‘Bioagricert S.r.l.’ to amend its specifications. Based on the information received, the Commission has concluded that it is justified to extend the geographical scope of its recognition for product categories A, D and E to Malaysia and Singapore, and to extend its recognition for China to product categories B and E.

               (8)

               ‘CCOF Certification Services’ has informed the Commission that it would like to withdraw its recognition for category F in respect of Mexico. It should therefore no longer be listed for that category for that country in Annex IV to Regulation (EC) No 1235/2008.

               (9)

               ‘Certisys’ has notified the Commission of the change of its address. In addition, the Commission has received and examined a request from ‘Certisys’ to amend its specifications. Based on the information received, the Commission has concluded that it is justified to extend the geographical scope of its recognition for product categories A and D to the Democratic Republic of Congo.

               (10)

               The Commission has received and examined a request from ‘Control Union Certifications’ to amend its specifications. Based on the information received, the Commission has concluded that it is justified to extend its recognition for Angola, Belarus, Chad, Djibouti, Eritrea, Fiji, Kosovo (3), Liberia and Niger to product categories A, D, E and F, and for the Democratic Republic of Congo and Madagascar to product categories A, E and F.

               (11)

               The Commission has received and examined a request from ‘Ecocert SA’ to amend its specifications. Based on the information received, the Commission has concluded that it is justified to extend the geographical scope of its recognition for product categories A, B and D to Egypt, to extend the recognition for Monaco to product category C and the recognition for Bosnia and Herzegovina to product categories E and F.

               (12)

               The Commission has received and examined a request from ‘Florida Certified Organic Growers and Consumers, Inc. (FOG), DBA as Quality Certification Services (QCS)’ to amend its specifications. Based on the information received, the Commission has concluded that it is justified to extend the geographical scope of its recognition for product categories A, C and D to Indonesia.

               (13)

               The Commission has received and examined a request from ‘IMOcert Latinoamérica Ltda’ to amend its specifications. Based on the information received, the Commission has concluded that it is justified to extend the geographical scope of its recognition for product categories A, B and D to Argentina, Costa Rica, Guyana and Honduras. Furthermore, it is justified to extend the recognition of ‘IMOcert Latinoamérica Ltda’ for Belize, Bolivia, Brazil, Chile, Colombia, Cuba, the Dominican Republic, Ecuador, El Salvador, Guatemala, Haiti, Mexico, Nicaragua, Panama, Paraguay, Peru, Uruguay and Venezuela to product category B.

               (14)

               The Commission has received and examined a request from ‘LACON GmbH’ to amend its specifications. Based on the information received, the Commission has concluded that it is justified to extend the geographical scope of its recognition for product categories A, B and D to Bosnia and Herzegovina, Chile, Cuba, Ethiopia and the former Yugoslav Republic of Macedonia, and for product categories A and D to the Dominican Republic, Kenya, Swaziland and Zimbabwe.

               (15)

               ‘ÖkoP Zertifizierungs GmbH’ has informed the Commission that it ceased its certification activities in the third country for which it was recognised. It should therefore no longer be listed in Annex IV to Regulation (EC) No 1235/2008.

               (16)

               The Commission has received and examined a request from ‘Valsts SIA “Sertifikācijas un testēšanas centrs”’ to be included in the list in Annex IV to Regulation (EC) No 1235/2008. Based on the information received, the Commission has concluded that it is justified to recognise ‘Valsts SIA’ for product categories A, B, D, E and F in respect of Russia and Ukraine.

               (17)

               Annex VI to Regulation (EC) No 1235/2008 as amended by Implementing Regulation (EU) 2016/1842 (4) contains the new model of the extract of the certificate of inspection for import of organic products under the electronic certification system, to which reference is made in Article 14(2) of Regulation (EC) No 1235/2008. The fourth, previously fifth, subparagraph of Article 14(2) still refers to box 15 instead of box 14 of the extract. In addition, box 14 of the extract and the corresponding note in Annex VI erroneously refer to Article 33 instead of Article 34 of Commission Regulation (EC) No 889/2008 (5). Those errors should be corrected.

               (18)

               Annexes III, IV and VI to Regulation (EC) No 1235/2008 should therefore be amended and corrected accordingly.

               (19)

               For reasons of clarity, the corrections of Regulation (EC) No 1235/2008 should apply from the date of application of the relevant amendments by Implementing Regulation (EU) 2016/1842.

               (20)

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

         HAS ADOPTED THIS REGULATION:
   Article 1
   Amendment of Regulation (EC) No 1235/2008
   Regulation (EC) No 1235/2008 is amended as follows:

               (1)

               Annex III is amended in accordance with Annex I to this Regulation.

               (2)

               Annex IV is amended in accordance with Annex II to this Regulation.

         Article 2
   Correction of Regulation (EC) No 1235/2008
   Regulation (EC) No 1235/2008 is corrected as follows:

               (1)

               In Article 14(2), the fourth subparagraph is replaced by the following:
               ‘The consignee of a batch shall, at the reception thereof, complete the original of the extract of the certificate of inspection in box 14, in order to certify that the reception of the batch has been carried out in accordance with Article 34 of Regulation (EC) No 889/2008.’

               (2)

               Annex VI is corrected in accordance with Annex III to this Regulation.

         Article 3
   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.
   Article 2 shall apply from 19 April 2017.

      This Regulation shall be binding in its entirety and directly applicable in all Member States.
      Done at Brussels, 22 May 2017.

            For the Commission

            The President

         Jean-Claude JUNCKER

      (1)  OJ L 189, 20.7.2007, p. 1.

      (2)  Commission Regulation (EC) No 1235/2008 of 8 December 2008 laying down detailed rules for implementation of Council Regulation (EC) No 834/2007 as regards the arrangements for imports of organic products from third countries (OJ L 334, 12.12.2008, p. 25).

      (3)  This designation is without prejudice to positions on status, and is in line with UNSCR 1244/1999 and the ICJ Opinion on the Kosovo declaration of independence.

      (4)  Commission Implementing Regulation (EU) 2016/1842 of 14 October 2016 amending Regulation (EC) No 1235/2008 as regards the electronic certificate of inspection for imported organic products and certain other elements, and Regulation (EC) No 889/2008 as regards the requirements for preserved or processed organic products and the transmission of information (OJ L 282, 19.10.2016, p. 19).

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

      ANNEX I
      In point 5 of Annex III to Regulation (EC) No 1235/2008, in the entry relating to the Republic of Korea, the following row is added:

                  ‘KR-ORG-023

                  Control Union Korea

                  www.controlunion.co.kr’

      ANNEX II
      Annex IV to Regulation (EC) No 1235/2008 is amended as follows:

                  (1)

                  The entry relating to ‘Abcert AG’ is deleted.

                  (2)

                  After the entry relating to ‘Agreco R.F. Göderz GmbH’ the following new entry is inserted:

                     ‘“Agricert — Certificação de Produtos Alimentares LDA”

                              1.

                              Address: Rua Alfredo Mirante, 1, R/c Esq., 7350-154 Elvas, Portugal

                              2.

                              Internet address: www.agricert.pt

                              3.

                              Code numbers, third countries and product categories concerned:

                                          Code number

                                          Third country

                                          Category of products

                                          A

                                          B

                                          C

                                          D

                                          E

                                          F

                                          AO-BIO-172

                                          Angola

                                          x

                                          —

                                          —

                                          x

                                          —

                                          —

                                          ST-BIO-172

                                          Sao Tomé and Principe

                                          x

                                          —

                                          —

                                          x

                                          —

                                          —

                              4.

                              Exceptions: in-conversion products and wine.

                              5.

                              Duration of inclusion: until 30 June 2018.’

                  (3)

                  In the entry relating to ‘Argencert SA’, point 1 is replaced by the following:

                              ‘1.

                              Address: Bouchard 644 6o piso ‘A’, C1106ABJ, Buenos Aires, Argentina’

                  (4)

                  In the entry relating to ‘Bioagricert S.r.l.’, point 3 is amended as follows:

                              (a)

                              the following rows are inserted in the order of the code numbers:

                                          ‘MY-BIO-132

                                          Malaysia

                                          X

                                          —

                                          —

                                          X

                                          x

                                          —’

                                          ‘SG-BIO-132

                                          Singapore

                                          x

                                          —

                                          —

                                          x

                                          x

                                          —’

                              (b)

                              in the row concerning China, a cross is added in columns B and E.

                  (5)

                  In the entry relating to ‘CCOF Certification Services’, in point 3, in the row concerning Mexico, the cross in column F is deleted.

                  (6)

                  The entry relating to ‘Certisys’ is amended as follows:

                              (a)

                              point 1 is replaced by the following:

                                          ‘1.

                                          Address: Avenue de l'Escrime/Schermlaan 85, 1150 Bruxelles/Brussel, Belgium’

                              (b)

                              in point 3, the following row is inserted in the order of the code numbers:

                                          ‘CD-BIO-128

                                          Democratic Republic of Congo

                                          x

                                          —

                                          —

                                          x

                                          —

                                          —’

                  (7)

                  The entry relating to ‘Control Union Certifications’ is amended as follows:

                              (a)

                              in the rows concerning Angola, Belarus, Chad, Djibouti, Eritrea, Fiji, Kosovo, Liberia and Niger, a cross is added in columns A, D, E and F;

                              (b)

                              in the rows concerning the Democratic Republic of Congo and Madagascar, a cross is added in columns A, E and F.

                  (8)

                  In the entry relating to ‘Ecocert SA’, point 3 is amended as follows:

                              (a)

                              the following row is inserted in the order of the code numbers:

                                          ‘EG-BIO-154

                                          Egypt

                                          x

                                          x

                                          —

                                          x

                                          —

                                          —’

                              (b)

                              in the row concerning Bosnia and Herzegovina, a cross is added in columns E and F;

                              (c)

                              in the row concerning Monaco, a cross is added in column C.

                  (9)

                  In the entry relating to ‘Florida Certified Organic Growers and Consumers, Inc. (FOG), DBA as Quality Certification Services (QCS)’, in point 3, the following row is inserted in the order of the code numbers:

                              ‘ID-BIO-144

                              Indonesia

                              x

                              —

                              x

                              x

                              —

                              —’

                  (10)

                  In the entry relating to ‘IMOcert Latinoamérica Ltda.’, point 3 is amended as follows:

                              (a)

                              the following rows are inserted in the order of the code numbers:

                                          ‘AR-BIO-123

                                          Argentina

                                          x

                                          x

                                          —

                                          x

                                          —

                                          —’

                                          ‘CR-BIO-123

                                          Costa Rica

                                          x

                                          x

                                          —

                                          x

                                          —

                                          —’

                                          ‘GY-BIO-123

                                          Guyana

                                          x

                                          x

                                          —

                                          x

                                          —

                                          —’

                                          ‘HN-BIO-123

                                          Honduras

                                          x

                                          x

                                          —

                                          x

                                          —

                                          —’

                              (b)

                              in the rows concerning Belize, Bolivia, Brazil, Chile, Colombia, Cuba, Dominican Republic, Ecuador, El Salvador, Guatemala Haiti, Mexico, Nicaragua, Panama, Paraguay, Peru, Uruguay and Venezuela, a cross is added in column B;

                              (c)

                              point 4 is replaced by the following:

                                          ‘4.

                                          Exceptions: in-conversion products.’

                  (11)

                  In the entry relating to ‘LACON GmbH’, in point 3, the following rows are inserted in the order of the code numbers:

                              ‘BA-BIO-134

                              Bosnia and Herzegovina

                              x

                              x

                              —

                              x

                              —

                              —’

                              ‘CL-BIO-134

                              Chile

                              x

                              x

                              —

                              x

                              —

                              —’

                              ‘CU-BIO-134

                              Cuba

                              x

                              x

                              x

                              —

                              —’

                              ‘DO-BIO-134

                              Dominican Republic

                              x

                              —

                              —

                              x

                              —

                              —’

                              ‘ET-BIO-134

                              Ethiopia

                              x

                              x

                              —

                              x

                              —

                              —’

                              ‘KE-BIO-134

                              Kenya

                              x

                              —

                              —

                              x

                              —

                              —’

                              ‘MK-BIO-134

                              former Yugoslav Republic of Macedonia

                              x

                              x

                              —

                              x

                              —

                              —’

                              ‘SZ-BIO-134

                              Swaziland

                              x

                              —

                              —

                              x

                              —

                              —’

                              ‘ZW-BIO-134

                              Zimbabwe

                              x

                              —

                              —

                              x

                              —

                              —’

                  (12)

                  The entry relating to ‘ÖkoP Zertifizierungs GmbH’ is deleted.

                  (13)

                  The following new entry is added:

                     ‘“Valsts SIA ‘Sertifikācijas un testēšanas centrs’”

                              1.

                              Address: Dārza iela 12, Priekuļi, Priekuļu pagasts, Priekuļu novads, LV–4126, Latvia

                              2.

                              Internet address: www.stc.lv

                              3.

                              Code numbers, third countries and product categories concerned:

                                          Code number

                                          Third country

                                          Category of products

                                          A

                                          B

                                          C

                                          D

                                          E

                                          F

                                          RU-BIO-173

                                          Russia

                                          x

                                          x

                                          —

                                          x

                                          x

                                          x

                                          UA-BIO-173

                                          Ukraine

                                          x

                                          x

                                          —

                                          x

                                          x

                                          x

                              4.

                              Exceptions: in-conversion products and wine.

                              5.

                              Duration of inclusion: until 30 June 2018.’.

      ANNEX III
      In Annex VI to Regulation (EC) No 1235/2008, in box 14 of the extract and in the note relating to box 14, the reference to ‘Article 33’ is replaced by a reference to ‘Article 34’.


title: Commission Implementing Regulation (EU) 2015/1471 of 24 August 2015 approving non-minor amendments to the specification for a name entered in the register of protected designations of origin and protected geographical indications (Olives noires de Nyons (PDO))

text:
               28.8.2015

               EN

               Official Journal of the European Union

               L 225/1

         COMMISSION IMPLEMENTING REGULATION (EU) 2015/1471
   of 24 August 2015
   approving non-minor amendments to the specification for a name entered in the register of protected designations of origin and protected geographical indications (Olives noires de Nyons (PDO))
   THE EUROPEAN COMMISSION,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to Regulation (EU) No 1151/2012 of the European Parliament and of the Council of 21 November 2012 on quality schemes for agricultural products and foodstuffs (1), and in particular Article 52(2) thereof,
   Whereas:

               (1)

               Pursuant to the first subparagraph of Article 53(1) of Regulation (EU) No 1151/2012, the Commission has examined France's application for the approval of amendments to the specification for the protected designation of origin ‘Olives noires de Nyons’, registered under Commission Regulation (EC) No 1107/96 (2) as amended by Commission Regulation (EC) No 1486/2007 (3).

               (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 as required by Article 50(2)(a) of that Regulation (4).

               (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 ‘Olives noires de Nyons’ (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, 24 August 2015.

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

      (3)  Commission Regulation (EC) No 1486/2007 of 14 December 2007 approving non-minor amendments to the specification for a name entered in the register of protected designations of origin and protected geographical indications (Olives noires de Nyons (PDO)) (OJ L 330, 15.12.2007, p. 15).

      (4)  OJ C 123, 17.4.2015, p. 13.


title: Commission Implementing Regulation (EU) 2015/918 of 15 June 2015 establishing the standard import values for determining the entry price of certain fruit and vegetables

text:
               16.6.2015

               EN

               Official Journal of the European Union

               L 149/13

         COMMISSION IMPLEMENTING REGULATION (EU) 2015/918
   of 15 June 2015
   establishing the standard import values for determining the entry price of certain fruit and vegetables
   THE EUROPEAN COMMISSION,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to Regulation (EU) No 1308/2013 of the European Parliament and of the Council of 17 December 2013 establishing a common organisation of the markets in agricultural products and repealing Council Regulations (EEC) No 922/72, (EEC) No 234/79, (EC) No 1037/2001 and (EC) No 1234/2007 (1),
   Having regard to Commission Implementing Regulation (EU) No 543/2011 of 7 June 2011 laying down detailed rules for the application of Council Regulation (EC) No 1234/2007 in respect of the fruit and vegetables and processed fruit and vegetables sectors (2), and in particular Article 136(1) thereof,
   Whereas:

               (1)

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

               (2)

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

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

      This Regulation shall be binding in its entirety and directly applicable in all Member States.
      Done at Brussels, 15 June 2015.

            For the Commission,

            On behalf of the President,

         Jerzy PLEWA

            Director-General for Agriculture and Rural Development

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

      (2)  OJ L 157, 15.6.2011, p. 1.

      ANNEX

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

                  (EUR/100 kg)

                  CN code

                  Third country code (1)

                  Standard import value

                  0702 00 00

                  MA

                  133,5

                  MK

                  77,9

                  TR

                  74,2

                  ZZ

                  95,2

                  0707 00 05

                  AL

                  13,4

                  MK

                  36,2

                  TR

                  126,8

                  ZZ

                  58,8

                  0709 93 10

                  TR

                  126,1

                  ZZ

                  126,1

                  0805 50 10

                  AR

                  125,0

                  BR

                  107,1

                  TR

                  111,0

                  ZA

                  156,3

                  ZZ

                  124,9

                  0808 10 80

                  AR

                  176,1

                  BR

                  103,5

                  CL

                  123,0

                  NZ

                  146,4

                  US

                  138,7

                  ZA

                  136,8

                  ZZ

                  137,4

                  0809 10 00

                  TR

                  251,0

                  ZZ

                  251,0

                  0809 29 00

                  TR

                  351,0

                  ZZ

                  351,0

         (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). Code ‘ZZ’ stands for ‘of other origin’.


title: Commission Implementing Regulation (EU) 2017/201 of 6 February 2017 amending Regulation (EU) No 37/2010 to classify the substance fluralaner as regards its maximum residue limit (Text with EEA relevance. )

text:
               7.2.2017

               EN

               Official Journal of the European Union

               L 32/17

         COMMISSION IMPLEMENTING REGULATION (EU) 2017/201
   of 6 February 2017
   amending Regulation (EU) No 37/2010 to classify the substance fluralaner as regards its maximum residue limit
   (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 470/2009 of the European Parliament and of the Council of 6 May 2009 laying down Community procedures for the establishment of residue limits of pharmacologically active substances in foodstuffs of animal origin, repealing Council Regulation (EEC) No 2377/90 and amending Directive 2001/82/EC of the European Parliament and of the Council and Regulation (EC) No 726/2004 of the European Parliament and the Council (1), and in particular Article 14 in conjunction with Article 17 thereof,
   Having regard to the opinion of the European Medicines Agency formulated by the Committee for Medicinal Products for Veterinary Use,
   Whereas:

               (1)

               Article 17 of Regulation (EC) No 470/2009 requires that the maximum residue limit (MRL) for pharmacologically active substances intended for use in the Union in veterinary medicinal products for food-producing animals or in biocidal products used in animal husbandry is established in a Regulation.

               (2)

               Table 1 of the Annex to Commission Regulation (EU) No 37/2010 (2) sets out the pharmacologically active substances and their classification regarding MRLs in foodstuffs of animal origin.

               (3)

               The substance fluralaner is not included in that table.

               (4)

               An application for the establishment of MRLs for fluralaner in chicken has been submitted to the European Medicines Agency (EMA).

               (5)

               The EMA, based on the opinion of the Committee for Medicinal Products for Veterinary Use, has recommended the establishment of an MRL for fluralaner in chicken tissues and eggs.

               (6)

               According to Article 5 of Regulation (EC) No 470/2009, the EMA is to consider using MRLs established for a pharmacologically active substance in a particular foodstuff for another foodstuff derived from the same species, or MRLs established for a pharmacologically active substance in one or more species for other species.

               (7)

               The EMA has considered that the extrapolation of the MRL for fluralaner from chicken tissues and eggs to the tissues and eggs of other poultry species is appropriate.

               (8)

               Regulation (EU) No 37/2010 should therefore be amended accordingly.

               (9)

               It is appropriate to grant the stakeholders concerned a reasonable period of time to take measures that may be required to comply with the new MRL.

               (10)

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

         HAS ADOPTED THIS REGULATION:
   Article 1
   The Annex to Regulation (EU) No 37/2010 is amended as set out in the Annex to this Regulation.
   Article 2
   This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.
   It shall apply from 8 April 2017.

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

            For the Commission

            The President

         Jean-Claude JUNCKER

      (1)  OJ L 152, 16.6.2009, p. 11.

      (2)  Commission Regulation (EU) No 37/2010 of 22 December 2009 on pharmacologically active substances and their classification regarding maximum residue limits in foodstuffs of animal origin (OJ L 15, 20.1.2010, p. 1).

      ANNEX
      In Table 1 of the Annex to Regulation (EU) No 37/2010, an entry for the following substance is inserted in alphabetical order:

                     Pharmacologically active Substance

                     Marker residue

                     Animal Species

                     MRL

                     Target Tissues

                     Other Provisions (according to Article 14(7) of Regulation (EC) No 470/2009)

                     Therapeutic Classification

                     ‘Fluralaner

                     Fluralaner

                     Poultry

                     65 μg/kg

                     Muscle

                     NO ENTRY

                     Antiparasitic agents/Agents against ectoparasites’

                     650 μg/kg

                     Skin and fat in natural proportions

                     650 μg/kg

                     Liver

                     420 μg/kg

                     Kidney

                     1 300  μg/kg

                     Eggs


title: Commission Implementing Regulation (EU) 2016/348 of 10 March 2016 amending Implementing Regulation (EU) No 98/2012 as regards the minimum content of the preparation of 6-phytase (EC 3.1.3.26) produced by Komagataella pastoris (DSM 23036) as a feed additive for pigs for fattening (holder of authorisation Huvepharma EOOD) (Text with EEA relevance)

text:
               11.3.2016

               EN

               Official Journal of the European Union

               L 65/56

         COMMISSION IMPLEMENTING REGULATION (EU) 2016/348
   of 10 March 2016
   amending Implementing Regulation (EU) No 98/2012 as regards the minimum content of the preparation of 6-phytase (EC 3.1.3.26) produced by Komagataella pastoris (DSM 23036) as a feed additive for pigs for fattening (holder of authorisation Huvepharma EOOD)
   (Text with EEA relevance)
   THE EUROPEAN COMMISSION,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to Regulation (EC) No 1831/2003 of the European Parliament and of the Council of 22 September 2003 on additives for use in animal nutrition (1), and in particular Article 13(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 and modifying such authorisation.

               (2)

               The use of the preparation of 6-phytase (EC 3.1.3.26) produced by Komagataella pastoris (DSM 23036), formerly known as Pichia pastoris, was authorised until 28 February 2022 for chickens and turkeys for fattening, chickens reared for laying, turkeys reared for breeding, laying hens, other avian species for fattening and laying, weaned piglets, pigs for fattening and sows by Commission Implementing Regulation (EU) No 98/2012 (2), following an application to that effect in accordance with Article 7 of Regulation (EC) No 1831/2003.

               (3)

               In accordance with Article 13(3) of Regulation (EC) No 1831/2003, the holder of the authorisation has proposed changing the terms of the authorisation of that preparation as a feed additive for pigs for fattening by reducing its minimum recommended content from 250 OTU/kg to 125 OTU/kg. The application was accompanied by the relevant supporting data. The Commission forwarded that application to the European Food Safety Authority (hereinafter ‘The Authority’).

               (4)

               The Authority concluded in its opinion of 9 July 2015 (3) that, under the new proposed conditions of use, the preparation 6-phytase (EC 3.1.3.26) produced by Komagataella pastoris (DSM 23036) has the potential to be efficacious at the requested minimum recommended dose of 125 OTU/kg of complete feedingstuff as regards pigs for fattening. The Authority does not consider that there is a need for specific requirements for a post-market monitoring plan. It also verified the report on the methods of analysis of the feed additive in feed submitted by the Reference Laboratory set up by Regulation (EC) No 1831/2003.

               (5)

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

               (6)

               Implementing Regulation (EU) No 98/2012 should therefore 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
   The Annex to Implementing Regulation (EU) No 98/2012 is replaced by the text set out in the Annex to this Regulation.
   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, 10 March 2016.

            For the Commission

            The President

         Jean-Claude JUNCKER

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

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

      (3)  EFSA Journal 2015; 13(7):4200.

      ANNEX

                  Identification number of the additive

                  Name of the holder of authorisation

                  Additive

                  Composition, chemical formula, description, analytical method

                  Species or category of animal

                  Maximum age

                  Minimum content

                  Maximum content

                  Other provisions

                  End of period of authorisation

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

                     Category of zootechnical additives. Functional group: digestibility enhancers.

                  4a16

                  Huvepharma EOOD

                  6-phytase
                  (EC 3.1.3.26)

                     Additive composition

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

                              4 000 OTU (1)/g in solid form

                              8 000 OTU/g in liquid form

                     Characterisation of the active substance

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

                     Analytical method
                      (2)

                  Colorimetric method based on the quantification of the inorganic phosphate released by the enzyme from the sodium phytate

                  Chickens for fattening, chickens reared for laying, laying hens, other avian species other than turkeys for fattening and turkeys reared for breeding, pigs for fattening, sows.

                  —

                  125 OTU

                  —

                              1.

                              In the directions for use of the additive and premixture, indicate the storage temperature, storage life, and stability to pelleting.

                              2.

                              Recommended maximum dose for all authorised species: 500 OTU/Kg of complete feedingstuff.

                              3.

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

                              4.

                              For safety: breathing protection, glasses and gloves shall be used during handling.

                  28 February 2022

                  Turkeys for fattening, turkeys reared for breeding, piglets (weaned)

                  250 OUT

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

         (2)  Details of the analytical methods are available at the following address of the Community Reference Laboratory: http://irmm.jrc.ec.europa.eu/EURLs/EURL_feed_additives/Pages/index.aspx


title: Commission Implementing Regulation (EU) No 1034/2014 of 25 September 2014 concerning the classification of certain goods in the Combined Nomenclature

text:
               1.10.2014

               EN

               Official Journal of the European Union

               L 287/1

         COMMISSION IMPLEMENTING REGULATION (EU) No 1034/2014
   of 25 September 2014
   concerning the classification of certain goods in the Combined Nomenclature
   THE EUROPEAN COMMISSION,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to Council Regulation (EEC) No 2658/87 of 23 July 1987 on the tariff and statistical nomenclature and on the Common Customs Tariff (1), and in particular Article 9(1)(a) thereof,
   Whereas:

               (1)

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

               (2)

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

               (3)

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

               (4)

               It is appropriate to provide that binding tariff information 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 12(6) of Council Regulation (EEC) No 2913/92 (2). 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 12(6) of Regulation (EEC) No 2913/92 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, 25 September 2014.

            For the Commission,

            On behalf of the President,

         Heinz ZOUREK

            Director-General for Taxation and Customs Union

      (1)  OJ L 256, 7.9.1987, p. 1.

      (2)  Council Regulation (EEC) No 2913/92 of 12 October 1992 establishing the Community Customs Code (OJ L 302, 19.10.1992, p. 1).

      ANNEX

                  Description of the goods

                  Classification
                  (CN code)

                  Reasons

                  (1)

                  (2)

                  (3)

                  A new motor vehicle of the pick-up type, with a compression-ignition internal combustion piston engine of a cylinder capacity of 2 179 cm3, a five-speed manual gearbox and one reverse gear. Its total gross weight is approximately 2 950 kg and its total load capacity is approximately 1 000 kg. The length of its wheelbase is 3 150 mm.
                  The motor vehicle consists of two separate areas:

                              —

                              a four-door cabin, all doors are equipped with windows, and five seats, including the driver's seat, in two rows (two front seats and three back seats). The cabin has a standard interior with manually operated air conditioning, standard seats with adjustable three-point seat belts, adjustable front seat headrests, an adjustable steering column and lighting for the passenger space. It is equipped with a radio broadcast receiver,

                              —

                              an open load space with a length of 1 429 mm, equipped with a set of anchors to attach a load.

                  8703 32 19

                  Classification is determined by General Rules 1 and 6 for the interpretation of the Combined Nomenclature and by the wording of CN codes 8703, 8703 32 and 8703 32 19.
                  Classification under heading 8704 as a vehicle for the transport of goods is excluded, given its intended use, which is inherent to the entirety of its objective characteristics and general appearance, as a vehicle principally designed for the transport of persons. The absence of luxury interior features does not preclude classification as a vehicle for transport of persons. The vehicle has two rows of seats and the maximum inner length of the area for transport of goods is less than 50 % of the length of the wheelbase (see also the Explanatory Notes to the Combined Nomenclature to heading 8703).
                  The vehicle is therefore to be classified under CN code 8703 32 19 as a new motor vehicle principally designed for the transport of persons.


title: Commission Implementing Regulation (EU) No 450/2014 of 30 April 2014 amending for the 213th time Council Regulation (EC) No 881/2002 imposing certain specific restrictive measures directed against certain persons and entities associated with the Al-Qaeda network

text:
               3.5.2014

               EN

               Official Journal of the European Union

               L 132/59

         COMMISSION IMPLEMENTING REGULATION (EU) No 450/2014
   of 30 April 2014
   amending for the 213th time Council Regulation (EC) No 881/2002 imposing certain specific restrictive measures directed against certain persons and entities associated with the Al-Qaeda network
   THE EUROPEAN COMMISSION,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to Council Regulation (EC) No 881/2002 of 27 May 2002 imposing certain specific restrictive measures directed against certain persons and entities associated with the Al-Qaida network (1), and in particular Article 7(1)(a) and Article 7a(5) thereof,
   Whereas:

               (1)

               Annex I to Regulation (EC) No 881/2002 lists the persons, groups and entities covered by the freezing of funds and economic resources under that Regulation.

               (2)

               On 15 April 2014, the Sanctions Committee of the United Nations Security Council (UNSC) decided to remove one person from its list of persons, groups and entities to whom the freezing of funds and economic resources should apply after considering the de-listing request submitted by this person and the Comprehensive Report of the Ombudsperson established pursuant to UNSC Resolution 1904(2009).

               (3)

               Annex I to Regulation (EC) No 881/2002 should therefore be updated accordingly,

         HAS ADOPTED THIS REGULATION:
   Article 1
   Annex I to Regulation (EC) No 881/2002 is amended in accordance with the Annex to this Regulation.
   Article 2
   This Regulation shall enter into force on the day following that of its publication in the Official Journal of the European Union.

      This Regulation shall be binding in its entirety and directly applicable in all Member States.
      Done at Brussels, 30 April 2014.

            For the Commission,

            On behalf of the President,

            Head of the Service for Foreign Policy Instruments

      (1)  OJ L 139, 29.5.2002, p. 9.

      ANNEX
      In Annex I to Regulation (EC) No 881/2002 the following entry under the heading ‘Natural persons’ is deleted:

         ‘Youssef Ben Abdul Baki Ben Youcef Abdaoui (alias (a) Abu Abdullah, (b) Abdellah, (c) Abdullah, (d) Abou Abdullah, (e) Abdullah Youssef). Address: Via Torino 8/B, Cassano Magnago (VA), Italy. Date of birth: 4.9.1966. Place of birth: Kairouan, Tunisia. Nationality: Tunisian. Passport No: G025057 (Tunisian passport issued on 23.6.1999, expired on 5.2.2004). National Identification No: AO 2879097 (Italian Identity Card valid until 30.10.2012. Other information: (a) Italian fiscal code: BDA YSF 66P04 Z352Q; (b) Inadmissible to the Schengen area; (c) Mother's name is Fatima Abdaoui; (d) Member of an organization operating in Italy directly linked with The Organization of Al-Qaeda in the Islamic Maghreb. Date of designation referred to in Article 2a(4)(b): 25.6.2003.’.


title: Commission Implementing Regulation (EU) No 539/2011 of 1 June 2011 establishing the standard import values for determining the entry price of certain fruit and vegetables

text:
               2.6.2011

               EN

               Official Journal of the European Union

               L 147/13

         COMMISSION IMPLEMENTING REGULATION (EU) No 539/2011
   of 1 June 2011
   establishing the standard import values for determining the entry price of certain fruit and vegetables
   THE EUROPEAN COMMISSION,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to Council Regulation (EC) No 1234/2007 of 22 October 2007 establishing a common organisation of agricultural markets and on specific provisions for certain agricultural products (Single CMO Regulation) (1),
   Having regard to Commission Regulation (EC) No 1580/2007 of 21 December 2007 laying down implementing rules for Council Regulations (EC) No 2200/96, (EC) No 2201/96 and (EC) No 1182/2007 in the fruit and vegetable sector (2), and in particular Article 138(1) thereof,
   Whereas:
   Regulation (EC) No 1580/2007 lays down, pursuant to the outcome of the Uruguay Round multilateral trade negotiations, the criteria whereby the Commission fixes the standard values for imports from third countries, in respect of the products and periods stipulated in Annex XV, Part A thereto,
   HAS ADOPTED THIS REGULATION:
   Article 1
   The standard import values referred to in Article 138 of Regulation (EC) No 1580/2007 are fixed in the Annex hereto.
   Article 2
   This Regulation shall enter into force on 2 June 2011.

      This Regulation shall be binding in its entirety and directly applicable in all Member States.
      Done at Brussels, 1 June 2011.

            For the Commission, On behalf of the President,

         José Manuel SILVA RODRÍGUEZ

            Director-General for Agriculture and Rural Development

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

      (2)  OJ L 350, 31.12.2007, p. 1.

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

                  (EUR/100 kg)

                  CN code

                  Third country code (1)

                  Standard import value

                  0702 00 00

                  AL

                  64,0

                  MA

                  133,3

                  TR

                  82,0

                  ZZ

                  93,1

                  0707 00 05

                  MK

                  28,2

                  TR

                  100,7

                  ZZ

                  64,5

                  0709 90 70

                  EG

                  82,4

                  MA

                  86,8

                  TR

                  126,4

                  ZZ

                  98,5

                  0709 90 80

                  EC

                  18,6

                  ZZ

                  18,6

                  0805 50 10

                  AR

                  72,2

                  TR

                  65,1

                  ZA

                  91,9

                  ZZ

                  76,4

                  0808 10 80

                  AR

                  78,8

                  BR

                  75,6

                  CA

                  142,4

                  CL

                  84,2

                  CN

                  95,4

                  NZ

                  108,6

                  US

                  116,1

                  UY

                  96,7

                  ZA

                  88,9

                  ZZ

                  98,5

                  0809 20 95

                  TR

                  392,6

                  US

                  392,9

                  XS

                  198,4

                  ZZ

                  328,0

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


title: Commission Implementing Regulation (EU) 2017/184 of 1 February 2017 amending Council Regulation (EC) No 1210/2003 concerning certain specific restrictions on economic and financial relations with Iraq

text:
               3.2.2017

               EN

               Official Journal of the European Union

               L 29/19

         COMMISSION IMPLEMENTING REGULATION (EU) 2017/184
   of 1 February 2017
   amending Council Regulation (EC) No 1210/2003 concerning certain specific restrictions on economic and financial relations with Iraq
   THE EUROPEAN COMMISSION,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to Council Regulation (EC) No 1210/2003 of 7 July 2003 concerning certain specific restrictions on economic and financial relations with Iraq and repealing Regulation (EC) No 2465/96 (1), and in particular Article 11(b) thereof,
   Whereas:

               (1)

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

               (2)

               On 26 January 2017, the Sanctions Committee of the United Nations Security Council decided to remove one entry from the list of persons or entities to whom the freezing of funds and economic resources should apply.

               (3)

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

         HAS ADOPTED THIS REGULATION:
   Article 1
   Annex III to Regulation (EC) No 1210/2003 is amended as set out in the Annex to this Regulation.
   Article 2
   This Regulation shall enter into force on the day following that of its publication in the Official Journal of the European Union.

      This Regulation shall be binding in its entirety and directly applicable in all Member States.
      Done at Brussels, 1 February 2017.

            For the Commission,

            On behalf of the President,

            Acting Head of the Service for Foreign Policy Instruments

      (1)  OJ L 169, 8.7.2003, p. 6.

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

                     ‘13.

                     AMANAT AL-ASIMA. Address: P.O. Box 11151, Masarif, near Baghdad Muhafadha, Al-Kishia, Baghdad, Iraq.’


title: Commission Implementing Regulation (EU) No 1260/2011 of 2 December 2011 amending Regulation (EU) No 945/2010 adopting the plan allocating to the Member States resources to be charged to the 2011 budget year for the supply of food from intervention stocks for the benefit of the most deprived persons in the EU and derogating from certain provisions of Regulation (EU) No 807/2010

text:
               3.12.2011

               EN

               Official Journal of the European Union

               L 320/24

         COMMISSION IMPLEMENTING REGULATION (EU) No 1260/2011
   of 2 December 2011
   amending Regulation (EU) No 945/2010 adopting the plan allocating to the Member States resources to be charged to the 2011 budget year for the supply of food from intervention stocks for the benefit of the most deprived persons in the EU and derogating from certain provisions of Regulation (EU) No 807/2010
   THE EUROPEAN COMMISSION,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to Council Regulation (EC) No 1234/2007 of 22 October 2007 establishing a common organisation of agricultural markets and on specific provisions for certain agricultural products (Single CMO Regulation) (1), and in particular points (f) and (g) of Article 43, in conjunction with Article 4 thereof,
   Having regard to Council Regulation (EC) No 2799/98 of 15 December 1998 establishing agrimonetary arrangements for the euro (2), and in particular Article 3(2) thereof,
   Whereas:

               (1)

               Taking into account that the availability of intervention stocks for the supply of the scheme for food distribution to the most deprived persons in the 2012 annual plan adopted by Commission Implementing Regulation (EU) No 562/2011 (3) is substantially reduced as compared to the previous years, it is appropriate to extend the implementation period of the 2011 annual plan adopted by Commission Regulation (EU) No 945/2010 (4) in order to allow the Member States to complement the foodstuffs to be distributed to the final recipients under the 2012 annual plan with resources that could be saved under the 2011 annual plan.

               (2)

               As a result of appeals launched against tender procedures and delays in the relevant judicial procedures, Greece has been unable to complete payments for certain purchases of food products in the market and to withdraw a part of the allocated quantity of butter from Union intervention stocks. The Greek authorities submitted to the Commission a request for the extension of the deadline fixed by Article 3(3) of Commission Regulation (EU) No 807/2010 of 14 September 2010 laying down detailed rules for the supply of food from intervention stocks for the benefit of the most deprived persons in the Union (5), and of the deadline fixed by Article 4 of Regulation (EU) No 945/2010. Portugal presented a similar request relating to the deadline for payment operations fixed by Article 3(3) of Regulation (EU) No 807/2010. In view of the difficult financial situation faced by these Member States, it is appropriate to allow them to complete payment operations for products mobilised on the market and to allow the withdrawal of the remaining quantities of intervention stocks, so that these allocations remain available to increase the quantity of food products distributed to the most deprived people. It is, therefore, necessary to grant an extension of those two deadlines. In order to ensure equal treatment of Member States, the derogations should cover all payment operations for products mobilised on the market and all withdrawals of dairy products from intervention stocks under the 2011 annual plan. As the deadline for the payment operations for products mobilised on the market was set at 1 September and for the withdrawal of dairy products from Union intervention stocks at 30 September, these two derogations should apply retroactively.

               (3)

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

         HAS ADOPTED THIS REGULATION:
   Article 1
   Regulation (EU) No 945/2010 is amended as follows:

               (1)

               the following Article 3a is inserted:
               ‘Article 3a
               By way of derogation from Article 3(1) of Regulation (EU) No 807/2010, the implementation period of the 2011 annual distribution plan shall finish on 29 February 2012.’;

               (2)

               in Article 4, the first paragraph is replaced by the following:
               ‘By way of derogation from the first and third subparagraphs of Article 3(2) of Regulation (EU) No 807/2010, for the 2011 distribution plan, withdrawal of butter and skimmed milk powder from intervention stocks shall take place from 1 June to 31 December 2011. The expenses arising from keeping the allocated quantities of butter and skimmed milk powder in intervention stocks between 30 September and the date of the actual withdrawal from intervention storage shall be born by the Member State to which the products are allocated under the 2011 distribution plan.’;

               (3)

               the following Article 5a is inserted:
               ‘Article 5a
               By way of derogation from Article 3(3) of Regulation (EU) No 807/2010, for the 2011 annual distribution plan, payment operations for products to be supplied by the operator shall, in case of products to be mobilised on the market under Article 2(3)(a)(iii) and (iv) of Regulation (EU) No 807/2010, be closed before 31 December 2011.’.

         Article 2
   This Regulation shall enter into force on the day of its publication in the Official Journal of the European Union.
   Article 1, points (2) and (3) shall apply from 31 August 2011.

      This Regulation shall be binding in its entirety and directly applicable in all Member States.
      Done at Brussels, 2 December 2011.

            For the Commission

            The President

         José Manuel BARROSO

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

      (2)  OJ L 349, 24.12.1998, p. 1.

      (3)  OJ L 152, 11.6.2011, p. 24.

      (4)  OJ L 278, 22.10.2010, p. 1.

      (5)  OJ L 242, 15.9.2010, p. 9.


title: Commission Implementing Regulation (EU) No 930/2011 of 16 September 2011 on the issue of import licences for applications lodged during the first seven days of September 2011 under the tariff quotas opened by Regulation (EC) No 539/2007 for certain products in the egg sector and for egg albumin

text:
               17.9.2011

               EN

               Official Journal of the European Union

               L 241/28

         COMMISSION IMPLEMENTING REGULATION (EU) No 930/2011
   of 16 September 2011
   on the issue of import licences for applications lodged during the first seven days of September 2011 under the tariff quotas opened by Regulation (EC) No 539/2007 for certain products in the egg sector and for egg albumin
   THE EUROPEAN COMMISSION,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to Council Regulation (EC) No 1234/2007 of 22 October 2007 establishing a common organisation of agricultural markets and on specific provisions for certain agricultural products (single CMO Regulation) (1),
   Having regard to Commission 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 (2), and in particular Article 7(2) thereof,
   Having regard to Commission Regulation (EC) No 539/2007 of 15 May 2007 opening and providing for the administration of tariff quotas in the egg sector and for egg albumin (3), and in particular Article 5(6) thereof,
   Whereas:

               (1)

               Regulation (EC) No 539/2007 opened tariff quotas for imports of egg products and egg albumin.

               (2)

               The applications for import licences lodged during the first seven days of September 2011 for the subperiod from 1 October to 31 December 2011 relate, for some quotas, to quantities exceeding those available. The extent to which import licences may be issued should therefore be determined by establishing the allocation coefficient to be applied to the quantities requested,

         HAS ADOPTED THIS REGULATION:
   Article 1
   The quantities for which import licence applications have been lodged under Regulation (EC) No 539/2007 for the subperiod from 1 October to 31 December 2011 shall be multiplied by the allocation coefficients set out in the Annex hereto.
   Article 2
   This Regulation shall enter into force on 17 September 2011.

      This Regulation shall be binding in its entirety and directly applicable in all Member States.
      Done at Brussels, 16 September 2011.

            For the Commission, On behalf of the President,

         José Manuel SILVA RODRÍGUEZ

            Director-General for Agriculture and Rural Development

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

      (2)  OJ L 238, 1.9.2006, p. 13.

      (3)  OJ L 128, 16.5.2007, p. 19.

      ANNEX

                  Group No

                  Order No

                  Allocation coefficient for import licence applications lodged for the subperiod from 1.10.2011-31.12.2011
                  (%)

                  E2

                  09.4401

                  67,411997


title: Commission Implementing Regulation (EU) No 788/2011 of 5 August 2011 approving the active substance fluazifop-P, 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 and Commission Decision 2008/934/EC  Text with EEA relevance

text:
               6.8.2011

               EN

               Official Journal of the European Union

               L 203/21

         COMMISSION IMPLEMENTING REGULATION (EU) No 788/2011
   of 5 August 2011
   approving the active substance fluazifop-P, 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 and Commission Decision 2008/934/EC
   (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 13(2) and Article 78(2) thereof,
   Whereas:

               (1)

               In accordance with Article 80(1)(c) of Regulation (EC) No 1107/2009, Council Directive 91/414/EEC (2) is to apply to active substances for which completeness has been established in accordance with Article 16 of Commission Regulation (EC) No 33/2008 (3), with respect to the procedure and the conditions for approval. Fluazifop-P is an active substance for which completeness has been established in accordance with that Regulation.

               (2)

               Commission Regulations (EC) No 451/2000 (4) and (EC) No 1490/2002 (5) lay down the detailed rules for the implementation of the second and third stages of the programme of work referred to in Article 8(2) of Directive 91/414/EEC and establish a list of active substances to be assessed, with a view to their possible inclusion in Annex I to Directive 91/414/EEC. That list included fluazifop-P.

               (3)

               In accordance with Article 3(2) of Commission Regulation (EC) No 1095/2007 of 20 September 2007 amending Regulation (EC) No 1490/2002 laying down further detailed rules for the implementation of the third stage of the programme of work referred to in Article 8(2) of Council Directive 91/414/EEC and Regulation (EC) No 2229/2004 laying down further detailed rules for the implementation of the fourth stage of the programme of work referred to in Article 8(2) of Council Directive 91/414/EEC (6) the notifier withdrew its support of the inclusion of that active substance in Annex I to Directive 91/414/EEC within 2 months from entry into force of that Regulation. Consequently, Commission Decision 2008/934/EC of 5 December 2008 concerning the non-inclusion of certain active substances in Annex I to Council Directive 91/414/EEC and the withdrawal of authorisations for plant protection products containing these substances (7) was adopted on the non-inclusion of fluazifop-P.

               (4)

               Pursuant to Article 6(2) of Directive 91/414/EEC the original notifier (hereinafter ‘the applicant’) submitted a new application requesting the accelerated procedure to be applied, as provided for in Articles 14 to 19 of Regulation (EC) No 33/2008 laying down detailed rules for the application of Council Directive 91/414/EEC as regards a regular and an accelerated procedure for the assessment of active substances which were part of the programme of work referred to in Article 8(2) of that Directive but have not been included into its Annex I.

               (5)

               The application was submitted to France, which had been designated rapporteur Member State by Regulation (EC) No 1490/2002. The time period for the accelerated procedure was respected. The specification of the active substance and the supported uses are the same as were the subject of Decision 2008/934/EC. That application also complies with the remaining substantive and procedural requirements of Article 15 of Regulation (EC) No 33/2008.

               (6)

               France evaluated the additional data submitted by the applicant and prepared an additional report. It communicated that report to the European Food Safety Authority (hereinafter ‘the Authority’) and to the Commission on 19 February 2010. The Authority communicated the additional report to the other Member States and the applicant for comments and forwarded the comments it had received to the Commission. In accordance with Article 20(1) of Regulation (EC) No 33/2008 and at the request of the Commission, the Authority presented its conclusion on fluazifop-P to the Commission on 17 November 2010 (8). The draft assessment report, the additional report and the conclusion of the Authority were reviewed by the Member States and the Commission within the Standing Committee on the Food Chain and Animal Health and finalised on 17 June 2011 in the format of the Commission review report for fluazifop-P.

               (7)

               It has appeared from the various examinations made that plant protection products containing fluazifop-P may be expected to satisfy, in general, the requirements laid down in Article 5(1)(a) and (b) of Directive 91/414/EEC, in particular as regards the uses which were examined and detailed in the Commission review report. It is therefore appropriate to approve fluazifop-P in accordance with Regulation (EC) No 1107/2009.

               (8)

               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.

               (9)

               Without prejudice to the conclusion that fluazifop-P should be approved, it is, in particular, appropriate to require further confirmatory information.

               (10)

               A reasonable period should be allowed to elapse before approval in order to permit Member States and the interested parties to prepare themselves to meet the new requirements resulting from the approval.

               (11)

               Without prejudice to the obligations defined by Regulation (EC) No 1107/2009 as a consequence of the approval, taking into account the specific situation created by the transition from Directive 91/414/EEC to Regulation (EC) No 1107/2009 the following should, however, apply. Member States should be allowed a period of 6 months after approval to review authorisations of plant protection products containing fluazifop-P. Member States should, as appropriate, vary, replace or withdraw existing authorisations. By way of derogation from the above deadline, a longer period should be provided for the submission and assessment of the update of the complete Annex III dossier, as set out in Directive 91/414/EEC, of each plant protection product for each intended use in accordance with the uniform principles.

               (12)

               The experience gained from previous inclusions in Annex I to Directive 91/414/EEC of active substances assessed in the framework of Commission Regulation (EEC) No 3600/92 of 11 December 1992 laying down the detailed rules for the implementation of the first stage of the programme of work referred to in Article 8(2) of Council Directive 91/414/EEC concerning the placing of plant protection products on the market (9) has shown that difficulties can arise in interpreting the duties of holders of existing authorisations in relation to access to data. In order to avoid further difficulties it therefore appears necessary to clarify the duties of the Member States, especially the duty to verify that the holder of an authorisation demonstrates access to a dossier satisfying the requirements of Annex II to that Directive. However, this clarification does not impose any new obligations on Member States or holders of authorisations compared to the directives which have been adopted until now amending Annex I.

               (13)

               In accordance with Article 13(4) of Regulation (EC) No 1107/2009 the Annex to Commission Implementing Regulation (EU) No 540/2011 (10) should be amended accordingly.

               (14)

               Decision 2008/934/EC provides for the non-inclusion of fluazifop-P and the withdrawal of authorisations for plants protection products containing that substance by 31 December 2011. It is necessary to delete the line concerning fluazifop-P in the Annex to that Decision. It is therefore appropriate to amend Decision 2008/934/EC accordingly.

               (15)

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

         HAS ADOPTED THIS REGULATION:
   Article 1
   Approval of active substance
   The active substance fluazifop-P, as specified in Annex I, is approved subject to the conditions laid down in that Annex.
   Article 2
   Re-evaluation of plant protection products
   1.   Member States shall in accordance with Regulation (EC) No 1107/2009, where necessary, amend or withdraw existing authorisations for plant protection products containing fluazifop-P as an active substance by 30 June 2012.
   By that date they shall in particular verify that the conditions in Annex I to this Regulation are met, with the exception of those identified in Part B of the column on specific provisions of that Annex, and that the holder of the authorisation has, or has access to, a dossier satisfying the requirements of Annex II to Directive 91/414/EEC in accordance with the conditions of Article 13(1) to (4) of that Directive and Article 62 of Regulation (EC) No 1107/2009.
   2.   By way of derogation from paragraph 1, for each authorised plant protection product containing fluazifop-P as either the only active substance or as one of several active substances all of which were listed in the Annex to Implementing Regulation (EU) No 540/2011 by 31 December 2011 at the latest, Member States shall re-evaluate the product in accordance with the uniform principles, as referred to in Article 29(6) of Regulation (EC) No 1107/2009, on the basis of a dossier satisfying the requirements of Annex III to Directive 91/414/EEC and taking into account Part B of the column on specific provisions of Annex I to this Regulation. On the basis of that evaluation, they shall determine whether the product satisfies the conditions set out in Article 29(1) of Regulation (EC) No 1107/2009. Following that determination Member States shall:

               (a)

               in the case of a product containing fluazifop-P as the only active substance, where necessary, amend or withdraw the authorisation by 31 December 2015 at the latest; or

               (b)

               in the case of a product containing fluazifop-P as one of several active substances, where necessary, amend or withdraw the authorisation by 31 December 2015 or by the date fixed for such an amendment or withdrawal in the respective act or acts which added the relevant substance or substances to Annex I to Directive 91/414/EEC or approved that substance or substances, whichever is the latest.

         Article 3
   Amendments to Implementing Regulation (EU) No 540/2011
   The Annex to Implementing Regulation (EU) No 540/2011 is amended in accordance with Annex II to this Regulation.
   Article 4
   Amendments to Decision 2008/934/EC
   The line concerning fluazifop-P in the Annex to Decision 2008/934/EC is deleted.
   Article 5
   Entry into force and date of application
   This Regulation shall enter into force on the 20th day following its publication in the Official Journal of the European Union.
   It shall apply from 1 January 2012.

      This Regulation shall be binding in its entirety and directly applicable in all Member States.
      Done at Brussels, 5 August 2011.

            For the Commission

            The President

         José Manuel BARROSO

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

      (2)  OJ L 230, 19.8.1991, p. 1.

      (3)  OJ L 15, 18.1.2008, p. 5.

      (4)  OJ L 55, 29.2.2000, p. 25.

      (5)  OJ L 224, 21.8.2002, p. 23.

      (6)  OJ L 246, 21.9.2007, p. 19.

      (7)  OJ L 333, 11.12.2008, p. 11.

      (8)  European Food Safety Authority; Conclusion on the peer review of the pesticide risk assessment of the active substance fluazifop-P-butyl. EFSA Journal 2010;8(11): [24 pp.] doi:10.2903/j.efsa.2010.1905. Available online: www.efsa.europa.eu/efsajournal.htm

      (9)  OJ L 366, 15.12.1992, p. 10.

      (10)  OJ L 153, 11.6.2011, p. 1.

      ANNEX I

                  Common Name, Identification Numbers

                  IUPAC Name

                  Purity (1)

                  Date of approval

                  Expiration of approval

                  Specific provisions

                  Fluazifop-P
                  CAS No 83066-88-0 (fluazifop-P)
                  CIPAC No 467 (fluazifop-P)

                  (R)-2-{4-[5-(trifluoromethyl)-2-pyridyloxy]phenoxy}propionic acid (fluazifop-P)

                  ≥ 900 g/kg in fluazifop-P-butyl
                  The following impurity 2-chloro-5-(trifluoromethyl) pyridine must not exceed 1,5 g/kg in the material as manufactured.

                  1 January 2012

                  31 December 2021

                  PART A
                  Only uses as herbicide for orchards (basal application) with one application every year may be authorised.
                  PART B
                  For the implementation of the uniform principles as referred to in Article 29(6) of Regulation (EC) No 1107/2009, the conclusions of the review report on fluazifop-P-butyl, and in particular Appendices I and II thereof, as finalised in the Standing Committee on the Food Chain and Animal Health on 17 June 2011 shall be taken into account.
                  In this overall assessment Member States:

                              —

                              shall pay particular attention to the operator safety and shall ensure that conditions of use include the application of adequate personal protective equipment, where appropriate,

                              —

                              shall pay particular attention to the protection of surface water and groundwater in vulnerable zones,

                              —

                              shall pay particular attention to the risk for non-target plants.

                        Conditions of use shall include risk mitigation measures, where appropriate.
                  The applicant shall submit confirmatory information as regards:

                              (1)

                              the specification of the technical material, as commercially manufactured, including information on the relevance of the impurity R154719;

                              (2)

                              the equivalence between the specifications of the technical material, as commercially manufactured, and the specifications of the test material used in the toxicity studies;

                              (3)

                              the potential long-term risk to herbivorous mammals;

                              (4)

                              the fate and behaviour in the environment of the metabolite compounds X (2) and IV (3);

                              (5)

                              the potential risk to fish and aquatic invertebrates for the metabolite compound IV.

                        The applicant shall submit to the Commission, the Member States and the Authority the information set out in points (1) and (2) by 30 June 2012 and the information set out in points (3), (4) and (5) by 31 December 2013.

         (1)  Further details on identity and specification of active substance are provided in the review report.

         (2)  5-(trifluoromethyl)-2(1H)-pyridinone.

         (3)  4-{[5-(trifluoromethyl)-2-pyridinyl]oxy}phenol.

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

                     ‘15

                     Fluazifop P
                     CAS No 83066-88-0 (fluazifop-P)
                     CIPAC No 467 (fluazifop-P)

                     (R)-2-{4-[5-(trifluoromethyl)-2-pyridyloxy]phenoxy}propionic acid (fluazifop-P)

                     ≥ 900 g/kg in fluazifop P-butyl
                     The following impurity 2-chloro-5-(trifluoromethyl)pyridine must not exceed 1,5 g/kg in the material as manufactured.

                     1 January 2012

                     31 December 2021

                     PART A
                     Only uses as herbicide for orchards (basal application) with one application every year may be authorised.
                     PART B
                     For the implementation of the uniform principles as referred to in Article 29(6) of Regulation (EC) No 1107/2009, the conclusions of the review report on fluazifop-P-butyl, and in particular Appendices I and II thereof, as finalised in the Standing Committee on the Food Chain and Animal Health on 17 June 2011 shall be taken into account.
                     In this overall assessment Member States:

                                 —

                                 shall pay particular attention to the operator safety and shall ensure that conditions of use include the application of adequate personal protective equipment, where appropriate,

                                 —

                                 shall pay particular attention to the protection of surface water and groundwater in vulnerable zones,

                                 —

                                 shall pay particular attention to the risk for non-target plants.

                           Conditions of use shall include risk mitigation measures, where appropriate.
                     The applicant shall submit confirmatory information as regards:

                                 (1)

                                 the specification of the technical material, as commercially manufactured, including information on the relevance of the impurity R154719;

                                 (2)

                                 the equivalence between the specifications of the technical material, as commercially manufactured, and the specifications of the test material used in the toxicity studies;

                                 (3)

                                 the potential long-term risk to herbivorous mammals;

                                 (4)

                                 the fate and behaviour in the environment of the metabolite compounds X (1) and IV (2);

                                 (5)

                                 the potential risk to fish and aquatic invertebrates for the metabolite compound IV.

                           The applicant shall submit to the Commission, the Member States and the Authority the information set out in points (1) and (2) by 30 June 2012 and the information set out in points (3), (4) and (5) by 31 December 2013.

         (1)  5-(trifluoromethyl)-2(1H)-pyridinone.

         (2)  4-{[5-(trifluoromethyl)-2-pyridinyl]oxy}phenol.’


title: Commission Implementing Regulation (EU) No 757/2011 of 27 July 2011 concerning the classification of certain goods in the Combined Nomenclature

text:
               2.8.2011

               EN

               Official Journal of the European Union

               L 199/37

         COMMISSION IMPLEMENTING REGULATION (EU) No 757/2011
   of 27 July 2011
   concerning the classification of certain goods in the Combined Nomenclature
   THE EUROPEAN COMMISSION,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to Council Regulation (EEC) No 2658/87 of 23 July 1987 on the tariff and statistical nomenclature and on the Common Customs Tariff (1), and in particular Article 9(1)(a) thereof,
   Whereas:

               (1)

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

               (2)

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

               (3)

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

               (4)

               It is appropriate to provide that binding tariff information which has been issued by the customs authorities of Member States in respect of the classification of goods in the Combined Nomenclature but which is not in accordance with this Regulation can, for a period of 3 months, continue to be invoked by the holder, pursuant to Article 12(6) of Council Regulation (EEC) No 2913/92 of 12 October 1992 establishing the Community Customs Code (2).

               (5)

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

         HAS ADOPTED THIS REGULATION:
   Article 1
   The goods described in column (1) of the table set out in the Annex shall be classified within the Combined Nomenclature under the CN code indicated in column (2) of that table.
   Article 2
   Binding tariff information issued by the customs authorities of Member States, which is not in accordance with this Regulation, can continue to be invoked for a period of 3 months pursuant to Article 12(6) of Regulation (EEC) No 2913/92.
   Article 3
   This Regulation shall enter into force on the 20th day following its publication in the Official Journal of the European Union.

      This Regulation shall be binding in its entirety and directly applicable in all Member States.
      Done at Brussels, 27 July 2011.

            For the Commission, On behalf of the President,

         Algirdas ŠEMETA

            Member of the Commission

      (1)  OJ L 256, 7.9.1987, p. 1.

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

      ANNEX

                  Description of the goods

                  Classification
                  (CN code)

                  Reasons

                  (1)

                  (2)

                  (3)

                  Footwear not covering the ankle and not identifiable as men’s or women’s footwear, with insoles of a length of more than 24 cm.
                  The outer sole is made of rubber and the mid-sole of low-density polymers.
                  The upper consist of pieces of textile, leather and plastics.
                  Grey textile material covers the whole surface of the upper with the exception of a piece of white textile (felt) [2 (1)] at the heel of the footwear (See photo No 655 B).
                  This white textile material is covered by several pieces of grey leather. It is covered mainly by one piece on the heel [C (1)], and partly by two pieces along both sides of the shoe [D (1)], and two pieces curved around the instep [B (1)] (see photo No 655 C).
                  At the furthest end of the heel this white textile material is covered by a piece of black impermeable textile material and a piece of dark grey plastic [b (1)] sewn on top (see photo No 655 C). The black textile is visible through small openings in the plastic piece.
                  Abovementioned grey textile materials are sewn to each other and attached to the sole. On one side of the shoe two pieces of grey textile are assembled with a zigzag stitching supplemented by a saddle stitch on both sides of the zigzag stitching (see photo No 655 D). The same saddle stitches are fixing a textile strip underneath the two textile pieces to reinforce the assemblage.
                  In the front of the shoe a piece of grey plastic [a (1)] is covering the grey textile material underneath.
                  On both sides of the shoe pieces of grey leather [A (1)] are attached to the textile material and, on top of the leather/grey textile material, four vertical straps of textile [1 (1)] have been added, as well (see photos Nos 655 A and 655 D). In addition one textile strap is attached as a loop to the textile material at the heel of the footwear.
                  (training shoe)
                  (see photos Nos 655 A, 655 B, 655 C and 655 D) (2)

                  6404 11 00

                  Classification is determined by General Rules 1 and 6 for the interpretation of the Combined Nomenclature, Note 4(a)(b) to Chapter 64 of the Combined Nomenclature, Additional Note 1 to Chapter 64 and the wording of CN codes 6404 and 6404 11 00.
                  When identifying the constituent material of the upper within the meaning of Note 4(a) to Chapter 64, no account is to be taken of the grey piece of plastic covering the front of the shoe [a (1)], because it is protecting the toes by reinforcing the grey textile material underneath.
                  Likewise, no account is to be taken of the four vertical straps of textile [1 (1)] on both sides of the footwear, because they are reinforcing the sides of the footwear, and of the textile loop at the heel of the footwear, because it is an accessory serving to aid when putting the shoes on.
                  Also likewise, no account is to be taken of the pieces of grey leather attached to the grey textile material on both sides of the footwear [A (1)], since they are also reinforcing the sides of the footwear.
                  The white textile material [2 (1)] cannot be considered to be a constituent material of the upper either, because it is not even partly exposed on the outside surface of the footwear (see the CN EN to Chapter 64, General, (1)(a), first sentence of second paragraph).
                  Whereas, the pieces of grey leather [B, C, D (1)] that are mainly or partly covering the white textile material [2 (1)] (see photos Nos 655 B and 655 C) qualify as constituent materials of the upper, since their surface is partly or totally exposed on the outside surface and they are neither accessories nor reinforcements.
                  The black impermeable textile material underneath the dark grey plastic material at the heel of the footwear [b (1)] does not qualify as constituent material of the upper, because it is only an insert that hinders water penetrating through the openings of the piece of plastic. Therefore, the piece of dark grey plastic at the heel of the footwear also qualifies as constituent material of the upper within the meaning of Note 4(a) to Chapter 64.
                  The grey textile materials qualify as constituent material of the upper within the meaning of Note 4(a) to Chapter 64, because they are attached to each other and to the other aboveidentified constituent materials of the upper [B, C, D, b (1)] by means of a durable method of assembling (see the CN EN to Chapter 64, General, (1) (a), last phrase of second paragraph, together with (1) (c), last phrase of second paragraph).
                  Moreover, the aboveidentified constituent materials of the upper [B, C, D, b (1) and the grey textile materials] (see photo No 655 C), have the characteristics of an upper, that is to say, provide sufficient support for the foot to enable the wearer to walk in the footwear (see the second phrase of the first paragraph of Additional Note 1 to Chapter 64).
                  After removal of the abovementioned reinforcements and accessories (see photo No 655 C) the grey textile materials have a greater external surface area than the other materials [B, C, D, b (1)] identified above as constituent materials of the upper and, therefore, the footwear is considered to have an upper of textile materials within the meaning of Note 4(a) to Chapter 64.
                  The part of the sole in contact with the ground is of rubber within the meaning of Note 4(b) to Chapter 64. Thus, the footwear has an outer sole of rubber.

         (1)  The number/letter refers to the numbers/letters in the photos.

         (2)  The photos are purely for information.