title: Commission Implementing Regulation (EU) No 701/2012 of 30 July 2012 amending Implementing Regulation (EU) No 543/2011 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

text:
               31.7.2012

               EN

               Official Journal of the European Union

               L 203/60

         COMMISSION IMPLEMENTING REGULATION (EU) No 701/2012
   of 30 July 2012
   amending Implementing Regulation (EU) No 543/2011 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
   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 Articles 103h, 127(c) and 143 in conjunction with Article 4 thereof,
   Whereas:

               (1)

               Regulation (EC) No 1234/2007 establishes a common organisation of agricultural markets which includes the fruit and vegetables and processed fruit and vegetables sectors. Pursuant to Article 103c of that Regulation, operational programmes in the fruit and vegetables sector may include crisis prevention and management measures, aimed at avoiding and dealing with crises on the fruit and vegetable markets.

               (2)

               In accordance with Article 79(1) of Commission Implementing Regulation (EU) No 543/2011 (2), Annex XI to that Implementing Regulation sets out the maximum amounts of support for market withdrawals for the products listed therein. Those amounts should be fixed so as to avoid that withdrawals become a permanent alternative outlet for products compared to placing them on the market and to ensure, at the same time, that withdrawals remain an effective instrument for crisis prevention and management.

               (3)

               In order to ensure that withdrawals remain an effective instrument for crisis prevention and management, the maximum amounts of support for market withdrawals should be increased for those fruit and vegetables where current support levels are particularly low compared to the average producer prices in the Union. This is the case for tomatoes, grapes, apricots, pears, aubergines and melons. In addition, in order to avoid overcompensation of withdrawals of lower-priced tomatoes intended for processing, a differentiated amount should be introduced for tomatoes produced from 1 June to 31 October, which is the period in which tomatoes intended for processing may be withdrawn.

               (4)

               In order to encourage the free distribution of withdrawn fruit and vegetables within the meaning of Article 103d(4) of Regulation (EC) No 1234/2007 and any other equivalent destinations approved by the Member States, a higher maximum amount of aid should be fixed than for other destinations, if the difference between the average producer price in the Union and the current maximum support levels allows this without creating an alternative outlet for the products compared to placing them on the market. This is the case for cauliflowers, tomatoes, apples, grapes, apricots, pears, aubergines, melons, watermelons, clementines and lemons.

               (5)

               In order to facilitiate the distribution of withdrawn products by charitable organisations and institutions, those organisations and institutions should only be obliged to keep financial accounts for the operation in question if they have requested and obtained the authorisation from the competent authorities of the Member State to ask a symbolic financial contribution from the final recipients. The possibility to request such a contribution should also be extended to fresh products.

               (6)

               In order to take past experiences in applying crisis prevention and management measures into account, it is appropriate to clarify the definitions of green harvesting and non-harvesting and the situations in which green harvesting and non-harvesting measures may be undertaken. In addition, so as to align the various crisis prevention and management measures and to increase their effectiveness, it is appropriate to delete the specific obligation provided for in Article 85(2) of Implementing Regulation (EU) No 543/2011 to include a compulsory market analysis in the first notification of each intended green harvesting operation.

               (7)

               In order to react to a sudden crisis situation, green harvesting and non-harvesting should be possible for fruit and vegetables with a longer harvesting period, although the normal harvest has already begun or commercial production has already been taken from the area in question, subject to restrictions to be decided by Member States. In such cases, only the production to be harvested in the six weeks following the operation should be compensated. As plants bearing fruit and vegetables with a longer harvesting period often bear both ripe and unripe products at the same time, it is appropriate to derogate from the general rule opposing the application of green harvesting and non-harvesting measures for the same product and the same given area in any given year.

               (8)

               In order to ensure that the obligation to demonstrate that each lot was disposed of in accordance with the relevant conditions is fulfilled and to allow for effective customs controls based on risk analysis, detailed rules should be set out as regards the obligation to make available to the customs authorities certain documents relevant for the controls to be undertaken.

               (9)

               Implementing Regulation (EU) No 543/2011 should therefore be amended accordingly.

               (10)

               It is appropriate to apply the new amounts of support for market withdrawals retroactively as from 1 July 2012 when the summer marketing season starts. In order to give time to importers to adapt to the new rules concerning the entry price system, those rules should apply from 1 September 2012.

               (11)

               The Management Committee for the Common Organisation of Agricultural Markets has not delivered an opinion within the time limit set by its Chair,

         HAS ADOPTED THIS REGULATION:
   Article 1
   Amendments to Implementing Regulation (EU) No 543/2011
   Implementing Regulation (EU) No 543/2011 is amended as follows:

               (1)

               In Article 80(2), the second subparagraph is replaced by the following:
               ‘Upon request, Member States may authorise the charitable organisations and institutions referred to in Article 103d(4) of Regulation (EC) No 1234/2007 to ask a symbolic contribution from the final recipients of products withdrawn from the market. When the charitable organisations and institutions concerned have obtained the authorisation, they shall, in addition to the obligations under Article 83(1) of this Regulation, keep financial accounts for the operation in question.’

               (2)

               In Article 83(1), point (b) is replaced by the following:

                           ‘(b)

                           keep separate stock records for the operations in question;’

               (3)

               In Article 84(1), points (a) and (b) are replaced by the following:

                           ‘(a)

                           “green harvesting” means the total harvesting of unripe non-marketable products on a given area. The products concerned shall not have been damaged prior to the green harvesting, whether due to climatic reasons or disease or otherwise;

                           (b)

                           “non-harvesting” means the termination of the current production cycle from the area concerned where the product is well developed and is of sound, fair and marketable quality. Destruction of products due to a climatic event or disease shall not be considered as non-harvesting.’

               (4)

               Article 85 is amended as follows:

                           (a)

                           in paragraph 2, the second subparagraph is deleted;

                           (b)

                           paragraph 3 is replaced by the following:
                           ‘3.   Green harvesting measures shall not be undertaken in respect of fruit and vegetables of which the normal harvest has already begun, and non-harvesting measures shall not be undertaken where commercial production has been taken from the area concerned during the normal production cycle.
                           However, the first subparagraph shall not apply where fruit and vegetable plants have a harvesting period exceeding one month. In such cases, the amounts referred to in paragraph 4 shall only compensate for the production to be harvested in the six weeks following the green harvesting and non-harvesting operation. Those fruit and vegetable plants shall not be used for further production purposes after the operation has taken place.
                           For the purposes of the second subparagraph, Member States may prohibit the application of green harvesting and non-harvesting measures if, in the case of green harvesting, a significant part of the normal harvest has been carried out and, in the case of non-harvesting, a significant part of the commercial production has already been taken. A Member State intending to apply this provision shall lay down in its national strategy the part it deems to be significant.
                           Green harvesting and non-harvesting shall not both be applied for the same product and the same given area in any given year, except for the purposes of the second subparagraph where both operations may be applied simultaneously.’

                           (c)

                           in paragraph 4, point (b) is replaced by the following:

                                       ‘(b)

                                       at a level to cover not more than 90 % of the maximum support level for market withdrawals applicable to withdrawals for destinations other than free distribution as referred to in Article 103d(4) of Regulation (EC) No 1234/2007.’

               (5)

               In Article 109(5), point (a) is replaced by the following:

                           ‘(a)

                           a sample check on the stock records to be kept by recipients and on the financial accounts of the charitable organisations and institutions concerned where the second subparagraph of Article 80(2) applies;’

               (6)

               Article 110 is amended as follows:

                           (a)

                           in paragraph 1, the second subparagraph is deleted;

                           (b)

                           in paragraph 2, the following third subparagraph is added:
                           ‘Where the second subparagraph of Article 85(3) applies, the requirement provided for in the first subparagraph of this paragraph that no partial harvest has taken place shall not apply.’

                           (c)

                           the following paragraph 2a is inserted:
                           ‘2a.   Where the second subparagraph of Article 85(3) applies, Member States shall ensure that the fruit and vegetable plants on which non-harvesting and green harvesting measures have been undertaken shall not be used for further production purposes.’

               (7)

               Article 121 is amended as follows:

                           (a)

                           in paragraph 1, point (a) is deleted;

                           (b)

                           in paragraph 2, the following subparagraph is added:
                           ‘Point (b) of the first subparagraph of this paragraph shall not apply where the second subparagraph of Article 85(3) applies.’

               (8)

               In Article 137(4), the following fourth and fifth subparagraphs are added:
               ‘In order to prove that the lot was disposed of under the conditions set out in the first subparagraph, the importer shall make available, in addition to the invoice, all documents needed for the carrying out of the relevant customs controls in relation to the sale and disposal of each product of the lot in question. This shall include documents relating to the transport, insurance, handling and storage of the lot.
               Where the marketing standards referred to in Article 3 require the product variety or the commercial type of the fruit and vegetables to be indicated on the packaging, the product variety or the commercial type of the fruit and vegetables that form part of the lot shall be indicated on documents related to transport, invoices and the delivery order.’

               (9)

               Annex XI is replaced by the text set out in the Annex to this Regulation.

         Article 2
   Entry into force
   This Regulation shall enter into force on the seventh day following the day of its publication in the Official Journal of the European Union.
   However, point (8) of Article 1 shall apply from 1 September 2012 and point (9) of Article 1 shall apply from 1 July 2012.

      This Regulation shall be binding in its entirety and directly applicable in all Member States.
      Done at Brussels, 30 July 2012.

            For the Commission

            The President

         José Manuel BARROSO

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

      (2)  OJ L 157, 15.6.2011, p. 1.

      ANNEX

            ‘ANNEX XI

               Maximum amounts of support for market withdrawals as referred to in article 79(1)

                        Product

                        Maximum support (EUR/100 kg)

                        Free distribution

                        Other destinations

                        Cauliflowers

                        15,69

                        10,52

                        Tomatoes (1 June – 31 October)

                        7,25

                        7,25

                        Tomatoes (1 November-31 May)

                        27,45

                        18,30

                        Apples

                        16,98

                        13,22

                        Grapes

                        39,16

                        26,11

                        Apricots

                        40,58

                        27,05

                        Nectarines

                        26,90

                        26,90

                        Peaches

                        26,90

                        26,90

                        Pears

                        23,85

                        15,90

                        Aubergines

                        22,78

                        15,19

                        Melons

                        31,37

                        20,91

                        Watermelons

                        8,85

                        6,00

                        Oranges

                        21,00

                        21,00

                        Mandarins

                        19,50

                        19,50

                        Clementines

                        22,16

                        19,50

                        Satsumas

                        19,50

                        19,50

                        Lemons

                        23,99

                        19,50’


title: Commission Implementing Regulation (EU) 2016/1153 of 14 July 2016 fixing the adjustment rate for direct payments pursuant to Regulation (EU) No 1306/2013 of the European Parliament and of the Council in respect of the calendar year 2016

text:
               15.7.2016

               EN

               Official Journal of the European Union

               L 190/76

         COMMISSION IMPLEMENTING REGULATION (EU) 2016/1153
   of 14 July 2016
   fixing the adjustment rate for direct payments pursuant to Regulation (EU) No 1306/2013 of the European Parliament and of the Council in respect of the calendar year 2016
   THE EUROPEAN COMMISSION,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to Regulation (EU) No 1306/2013 of the European Parliament and of the Council of 17 December 2013 on the financing, management and monitoring of the common agricultural policy and repealing Council Regulations (EEC) No 352/78, (EC) No 165/94, (EC) No 2799/98, (EC) No 814/2000, (EC) No 1290/2005 and (EC) No 485/2008 (1), and in particular Article 26(3) thereof,
   After consulting the Committee on the Agricultural Funds,
   Whereas:

               (1)

               Pursuant to Article 25 of Regulation (EU) No 1306/2013 a reserve intended to provide additional support for the agricultural sector in the case of major crises affecting the agricultural production or distribution is to be established by applying, at the beginning of each year, a reduction to direct payments with the financial discipline mechanism referred to in Article 26 of that Regulation.

               (2)

               Article 26(1) of Regulation (EU) No 1306/2013 provides that in order to ensure that the annual ceilings set out in Council Regulation (EU, Euratom) No 1311/2013 (2) for the financing of the market related expenditure and direct payments are respected, an adjustment rate for direct payments is to be determined when the forecasts for the financing of the measures financed under that sub-ceiling for a given financial year indicate that the applicable annual ceilings will be exceeded.

               (3)

               The amount of the reserve for crises in the agricultural sector, included in the Commission 2017 draft budget, amounts to EUR 450,5 million in current prices. To cover that amount, the financial discipline mechanism has to apply to direct payments under the support schemes listed in Annex I to Regulation (EU) No 1307/2013 of the European Parliament and of the Council (3) in respect of the calendar year 2016.

               (4)

               The forecasts for the direct payments and market related expenditure determined in the Commission 2017 draft budget indicate that there is no need for any further financial discipline.

               (5)

               Acting in accordance with Article 26(2) of Regulation (EU) No 1306/2013, the Commission adopted a proposal for a Regulation of the European Parliament and of the Council fixing the adjustment rate provided for in Regulation (EU) No 1306/2013 for direct payments in respect of the calendar year 2016 (4) on 22 March 2016.

               (6)

               The European Parliament and the Council have not determined that adjustment rate by 30 June 2016. Therefore, in accordance with Article 26(3) of Regulation (EU) No 1306/2013, the Commission is to fix the adjustment rate by means of an implementing act and inform the European Parliament and the Council immediately thereof.

               (7)

               In accordance with Article 26(4) of Regulation (EU) No 1306/2013, the adjustment rate may be adapted by the Commission until 1 December 2016, on the basis of new information in its possession. In the event of new information, the Commission will take it into account and will adopt an implementing regulation adapting the adjustment rate by 1 December 2016, in the context of the Amending Letter to the draft budget 2017.

               (8)

               As a general rule, farmers submitting an aid application for direct payments for 1 calendar year (N) are paid within a fixed payment period falling within the financial year (N+1). However, Member States may make late payments to farmers beyond that payment period, within certain limits. Such late payments may be made in a subsequent financial year. When financial discipline is applied for a given calendar year, the adjustment rate should not be applied to payments for which aid applications have been submitted in calendar years other than the calendar year for which the financial discipline applies. Therefore, in order to ensure equal treatment of farmers, it is appropriate to provide that the adjustment rate is to be applied only to payments for which aid applications have been submitted in the calendar year for which the financial discipline is applied, irrespective of when the payment to farmers is made.

               (9)

               Article 8(1) of Regulation (EU) No 1307/2013 provides that the adjustment rate applied to direct payments determined in accordance with Article 26 of Regulation (EU) No 1306/2013 is to apply only to direct payments in excess of EUR 2 000 to be granted to farmers in the corresponding calendar year. Furthermore, Article 8(2) of Regulation (EU) No 1307/2013 provides that, as a result of the gradual introduction of direct payments, the adjustment rate is to apply to Croatia only from 1 January 2022. The adjustment rate to be determined by this Regulation should therefore not apply to payments to farmers in that Member State,

         HAS ADOPTED THIS REGULATION:
   Article 1
   1.   For the purpose of fixing the adjustment rate in accordance with Articles 25 and 26 of Regulation (EU) No 1306/2013, and in accordance with Article 8(1) of Regulation (EU) No 1307/2013, the amounts of direct payments under the support schemes listed in Annex I to Regulation (EU) No 1307/2013 to be granted to farmers in excess of EUR 2 000 for an aid application submitted in respect of the calendar year 2016 shall be reduced by an adjustment rate of 1,366744 %.
   2.   The reduction provided for in paragraph 1 shall not apply in Croatia.
   Article 2
   This Regulation shall enter into force on the seventh day following that of its publication in the Official Journal of the European Union.

      This Regulation shall be binding in its entirety and directly applicable in all Member States.
      Done at Brussels, 14 July 2016.

            For the Commission

            The President

         Jean-Claude JUNCKER

      (1)  OJ L 347, 20.12.2013, p. 549.

      (2)  Council Regulation (EU, Euratom) No 1311/2013 of 2 December 2013 laying down the multiannual financial framework for the years 2014-2020 (OJ L 347, 20.12.2013, p. 884).

      (3)  Regulation (EU) No 1307/2013 of the European Parliament and of the Council of 17 December 2013 establishing rules for direct payments to farmers under support schemes within the framework of the common agricultural policy and repealing Council Regulation (EC) No 637/2008 and Council Regulation (EC) No 73/2009 (OJ L 347, 20.12.2013, p. 608).

      (4)  COM(2016) 159 final.


title: Commission Implementing Regulation (EU) No 882/2013 of 13 September 2013 fixing the import duties in the cereals sector applicable from 16 September 2013

text:
               14.9.2013

               EN

               Official Journal of the European Union

               L 245/11

         COMMISSION IMPLEMENTING REGULATION (EU) No 882/2013
   of 13 September 2013
   fixing the import duties in the cereals sector applicable from 16 September 2013
   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 (EU) No 642/2010 of 20 July 2010 laying down detailed rules for the application of Council Regulation (EC) No 1234/2007 in respect of import duties in the cereals sector (2), and in particular Article 2(1) thereof,
   Whereas:

               (1)

               Article 136(1) of Regulation (EC) No 1234/2007 states that the import duty on products covered by CN codes 1001 19 00, 1001 11 00, ex 1001 91 20 (common wheat seed), ex 1001 99 00 (high quality common wheat other than for sowing), 1002 10 00, 1002 90 00, 1005 10 90, 1005 90 00, 1007 10 90 and 1007 90 00 is to be equal to the intervention price valid for such products on importation and increased by 55 %, minus the cif import price applicable to the consignment in question. However, that duty may not exceed the rate of duty in the Common Customs Tariff.

               (2)

               Article 136(2) of Regulation (EC) No 1234/2007 lays down that, in order to calculate the import duty referred to in paragraph 1 of that Article, representative cif import prices are to be established on a regular basis for the products in question.

               (3)

               Under Article 2(2) of Regulation (EU) No 642/2010, the price to be used for the calculation of the import duty on products covered by CN codes 1001 19 00, 1001 11 00, ex 1001 91 20 (common wheat seed), ex 1001 99 00 (high quality common wheat other than for sowing), 1002 10 00, 1002 90 00, 1005 10 90, 1005 90 00, 1007 10 90 and 1007 90 00 is the daily cif representative import price determined as specified in Article 5 of that Regulation.

               (4)

               Import duties should be fixed for the period from 16 September 2013 and should apply until new import duties are fixed and enter into force.

               (5)

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

         HAS ADOPTED THIS REGULATION:
   Article 1
   From 16 September 2013, the import duties in the cereals sector referred to in Article 136(1) of Regulation (EC) No 1234/2007 shall be those fixed in Annex I to this Regulation on the basis of the information contained in Annex II.
   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, 13 September 2013.

            For the Commission, On behalf of the President,

         Jerzy PLEWA

            Director-General for Agriculture and Rural Development

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

      (2)  OJ L 187, 21.7.2010, p. 5.

      ANNEX I

         Import duties on the products referred to in Article 136(1) of Regulation (EC) No 1234/2007 applicable from 16 September 2013

                  CN code

                  Description

                  Import duties (1)

                  (EUR/t)

                  1001 19 00
                  1001 11 00

                  Durum wheat, high quality

                  0,00

                  medium quality

                  0,00

                  low quality

                  0,00

                  ex 1001 91 20

                  Common wheat seed

                  0,00

                  ex 1001 99 00

                  High quality common wheat other than for sowing

                  0,00

                  1002 10 00
                  1002 90 00

                  Rye

                  0,00

                  1005 10 90

                  Maize seed other than hybrid

                  0,00

                  1005 90 00

                  Maize other than seed (2)

                  0,00

                  1007 10 90
                  1007 90 00

                  Grain sorghum other than hybrids for sowing

                  0,00

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

                  —

                  EUR 3/t, where the port of unloading is located on the Mediterranean Sea (beyond the Strait of Gibraltar) or on the Black Sea, for goods arriving in the Union via the Atlantic Ocean or the Suez Canal,

                  —

                  EUR 2/t, where the port of unloading is located in Denmark, Estonia, Ireland, Latvia, Lithuania, Poland, Finland, Sweden, the United Kingdom or on the Atlantic coast of the Iberian Peninsula, for goods arriving in the Union via the Atlantic Ocean.

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

      ANNEX II

         Factors for calculating the duties laid down in Annex I

      30.8.2013-12.9.2013

                  1.

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

                              (EUR/t)

                              Common wheat (1)

                              Maize

                              Durum wheat, high quality

                              Durum wheat, medium quality (2)

                              Durum wheat, low quality (3)

                              Exchange

                              Minnéapolis

                              Chicago

                              —

                              —

                              —

                              Quotation

                              211,95

                              142,54

                              —

                              —

                              —

                              Fob price USA

                              —

                              —

                              227,15

                              217,15

                              197,15

                              Gulf of Mexico premium

                              —

                              27,64

                              —

                              —

                              —

                              Great Lakes premium

                              36,18

                              —

                              —

                              —

                              —

                  2.

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

                              Freight costs: Gulf of Mexico-Rotterdam:

                              16,23 EUR/t

                              Freight costs: Great Lakes-Rotterdam:

                              50,08 EUR/t

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

         (2)  Discount of EUR 10/t (Article 5(3) of Regulation (EU) No 642/2010).

         (3)  Discount of EUR 30/t (Article 5(3) of Regulation (EU) No 642/2010).


title: Commission Implementing Regulation (EU) No 1155/2012 of 5 December 2012 amending for the 183rd time Council Regulation (EC) No 881/2002 imposing certain specific restrictive measures directed against certain persons and entities associated with the Al Qaida network

text:
               7.12.2012

               EN

               Official Journal of the European Union

               L 335/40

         COMMISSION IMPLEMENTING REGULATION (EU) No 1155/2012
   of 5 December 2012
   amending for the 183rd time Council Regulation (EC) No 881/2002 imposing certain specific restrictive measures directed against certain persons and entities associated with the Al Qaida 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 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 26 November 2012 the Sanctions Committee of the United Nations Security Council decided to remove six entities from its list of persons, groups and entities to whom the freezing of funds and economic resources should apply.

               (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, 5 December 2012.

            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
      Annex I to Regulation (EC) No 881/2002 is amended as follows:
      The following entries under the heading ‘Legal persons, groups and entities’ are deleted:

                  (a)

                     ‘Al-Hamati Sweets Bakeries. Addrees: Al-Mukallah, Hadhramawt Governorate, Yemen. Other information: (a) Owned by Mohammad Hamdi Mohammad Sadiq al-Ahdal; (b) Reported to have ceased to exist. Date of designation referred to in Article 2a(4)(b): 17.10.2001.’

                  (b)

                     ‘Benevolence International Foundation (alias (a) Al-Bir Al-Dawalia, (b) BIF, (c) BIF-USA, (d) Mezhdunarodnyj Blagotvoritel’nyj Fond). Address: (a) 8820, Mobile Avenue, 1A, Oak Lawn, Illinois, 60453, United States of America, (b) P.O. box 548, Worth, Illinois, 60482, United States of America, (c) (former location) 9838, S. Roberts Road, Suite 1W, Palos Hills, Illinois, 60465, United States of America, (d) (former location) 20- 24, Branford Place, Suite 705, Newark, New Jersey, 07102, United States of America, (e) PO box 1937, Khartoum, Republic of the Sudan, (f) People’s Republic of Bangladesh, (g) Gaza Strip, (h) Republic of Yemen. Other information: (a) Employer Identification Number: 36-3823186 (United States of America), (b) Name of the Foundation in the Netherlands is: Stichting Benevolence International Nederland (BIN).’

                  (c)

                     ‘Bosanska Idealna Futura (alias (a) BIF-Bosnia, (b) Bosnian Ideal Future. Other information: (a) Bosanska Idealna Futura was officially registered in Bosnia and Herzegovina as an association and humanitarian organization under registry number 59; (b) It was the legal successor of the Bosnia and Herzegovina offices of Benevolence International Foundation doing business as BECF Charitable Educational Center, Benevolence Educational Center; (c) Bosanska Idealna Futura was no longer in existence as at December 2008. Date of designation referred to in Article 2a(4)(b): 21.11.2002.’

                  (d)

                     ‘Heyatul Ulya. Address: Mogadishu, Somalia. Date of designation referred to in Article 2a(4)(b): 9.11.2001.’

                  (e)

                     ‘Red Sea Barakat Company Limited. Address: Mogadishu, Somalia. Date of designation referred to in Article 2a(4)(b): 9.11.2001.’

                  (f)

                     ‘Somali internet Company. Address: Mogadishu, Somalia. Date of designation referred to in Article 2a(4)(b): 9.11.2001.’


title: Commission Implementing Regulation (EU) No 669/2011 of 12 July 2011 amending Regulation (EC) No 376/2008 laying down common detailed rules for the application of the system of import and export licences and advance fixing certificates for agricultural products

text:
               13.7.2011

               EN

               Official Journal of the European Union

               L 183/4

         COMMISSION IMPLEMENTING REGULATION (EU) No 669/2011
   of 12 July 2011
   amending Regulation (EC) No 376/2008 laying down common detailed rules for the application of the system of import and export licences and advance fixing certificates for agricultural products
   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 Article 134 in conjunction with Article 4 thereof,
   Whereas:

               (1)

               For the purposes of the management of imports and exports, the Commission has been given the power to determine the products for which import and/or export will be subject to presentation of a licence. When assessing the need for a licence system, the Commission should take account of the appropriate instruments for the management of the markets and in particular for monitoring the imports.

               (2)

               Commission Regulation (EC) No 376/2008 (2) introduced a licence obligation for imports of fresh apples falling within CN code 0808 10 80 after apple producers in the European Union found themselves in a difficult situation, due, amongst others, to a significant increase in imports of apples from certain third countries of the Southern hemisphere.

               (3)

               Currently, effective import monitoring can be carried out through other means. In the interest of simplification and for the purpose of alleviating the administrative burden for Member States and operators, the requirement of import licences for apples should be abolished at the end of the current trigger period referred to in Annex XVIII 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 (3).

               (4)

               Regulation (EC) No 376/2008 should therefore be amended accordingly.

               (5)

               For sake of clarity it is appropriate to lay down the rules concerning the import licences issued for fresh apples falling within CN code 0808 10 80, and still valid on the date of application of this Regulation.

               (6)

               The Management Committee for the Common Organisation of Agricultural Markets has not delivered an opinion within the time limit set by its Chairman,

         HAS ADOPTED THIS REGULATION:
   Article 1
   Point G in Part I of Annex II to Regulation (EC) No 376/2008 is replaced by the following:

      ‘G.   Fruit and vegetables
         (Part IX of Annex I to Regulation (EC) No 1234/2007)

                  CN code

                  Description

                  Amount of the security

                  Period of validity

                  Net quantities (4)

                  0703 20 00

                  Garlic, fresh or chilled, including products imported under tariff quotas as referred to in Article 1(2)(a)(iii)

                  50 EUR/t

                  3 months from the day of issue in accordance with Article 22(1)

                  (—)

                  ex 0703 90 00

                  Other alliaceous vegetables, fresh or chilled, including products imported under tariff quotas as referred to in Article 1(2)(a)(iii)

                  50 EUR/t

                  3 months from the day of issue in accordance with Article 22(1)

                  (—)

                              (—)

                              Licence or certificate are required for any quantities.’

   Article 2
   At the request of the interested parties, the securities lodged for the issuing of import licences for fresh apples falling within CN code 0808 10 80, shall be released, when the following conditions are met:

               (a)

               the validity of the licences has not expired on the date of application of this Regulation;

               (b)

               the licences have been used only partially or not at all on the date of application of this Regulation.

         Article 3
   This Regulation shall enter into force on the seventh day following its publication in the Official Journal of the European Union.
   It shall apply from 1 September 2011.

      This Regulation shall be binding in its entirety and directly applicable in all Member States.
      Done at Brussels, 12 July 2011.

            For the Commission

            The President

         José Manuel BARROSO

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

      (2)  OJ L 114, 26.4.2008, p. 3.

      (3)  OJ L 157, 15.6.2011, p. 1.

      (4)  Maximum quantities for which no licence or certificate needs to be presented, pursuant to Article 4(1)(d). These limitations do not apply for imports under preferential conditions or under tariff quota.

               (—)

               Licence or certificate are required for any quantities.’


title: Commission Implementing Regulation (EU) 2017/873 of 22 May 2017 concerning the authorisation of L-tryptophan produced by Escherichia coli as a feed additive for all animal species (Text with EEA relevance. )

text:
                  23.5.2017

                  EN

                  Official Journal of the European Union

                  L 134/14

            COMMISSION IMPLEMENTING REGULATION (EU) 2017/873
      of 22 May 2017
      concerning the authorisation of L-tryptophan produced by Escherichia coli as a feed additive for all animal species
      (Text with EEA relevance)
      THE EUROPEAN COMMISSION,
      Having regard to the Treaty on the Functioning of the European Union,
      Having regard to Regulation (EC) No 1831/2003 of the European Parliament and of the Council of 22 September 2003 on additives for use in animal nutrition (1), and in particular Article 9(2) thereof,
      Whereas:

                  (1)

                  Regulation (EC) No 1831/2003 provides for the authorisation of additives for use in animal nutrition and for the grounds and procedures for granting such authorisation. Article 10 of that Regulation provides for the re-evaluation of additives authorised pursuant to Council Directive 82/471/EEC (2).

                  (2)

                  L-tryptophan was authorised without a time limit pursuant to Directive 82/471/EEC by Commission Directive 88/485/EEC (3). This feed additive was subsequently entered in the Register of feed additives as an existing product, in accordance with Article 10(1) of Regulation (EC) No 1831/2003.

                  (3)

                  In accordance with Article 10(2) of Regulation (EC) No 1831/2003 in conjunction with Article 7 thereof, applications were submitted for the re-evaluation of L- tryptophan as feed additive for all animal species. Applications were also submitted for the authorisation of L- tryptophan for all animal species in accordance with Article 7 of that Regulation. The applications were accompanied by the particulars and documents required under Article 7(3) of Regulation (EC) No 1831/2003.

                  (4)

                  The applications concern the authorisation of L-tryptophan produced by Escherichia coli KCCM 11132P, Escherichia coli DSM 25084, Escherichia coli FERM BP-11200, Escherichia coli FERM BP-11354, Escherichia coli CGMCC 7.59 or Escherichia coli CGMCC 3667 as a feed additive for all animal species, to be classified in the additive category ‘nutritional additives’.

                  (5)

                  The European Food Safety Authority (‘the Authority’) concluded in its opinions of 11 September 2013 (4), 10 April 2014 (5), 9 September 2014 (6), 29 January 2015 (7), 10 September 2015 (8), 1 December 2015 (9), 25 January 2017 (10) and of 25 January 2017 (11) that, under the proposed conditions of use, L-tryptophan produced by Escherichia coli KCCM 11132P, Escherichia coli DSM 25084, Escherichia coli FERM BP-11200, Escherichia coli FERM BP-11354, Escherichia coli CGMCC 7.59 and Escherichia coli CGMCC 3667 does not have an adverse effect on animal health, human health or the environment, and that it is considered an efficacious source of the essential amino acid tryptophan for animal nutrition; the applicant for L-tryptophan produced by Escherichia coli DSM 25084 provided evidence that, after a change of the manufacturing process, the endotoxin level of the additive was reduced to an acceptable level; for the supplemental L- tryptophan to be fully efficacious in ruminants, it should be protected against degradation in the rumen. The Authority does not consider that there is a need for specific requirements of post-market monitoring. It also verified the report on the method of analysis of the feed additive in feed submitted by the Reference Laboratory set up by Regulation (EC) No 1831/2003.

                  (6)

                  The assessment of L-tryptophan shows that the conditions for authorisation, as provided for in Article 5 of Regulation (EC) No 1831/2003, are satisfied. Accordingly, the use of that substance should be authorised as specified in the Annex to this Regulation.

                  (7)

                  Since safety reasons do not require the immediate application of the modifications to the conditions of authorisation for L-tryptophan, it is appropriate to allow a transitional period for interested parties to prepare themselves to meet the new requirements resulting from the authorisation.

                  (8)

                  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
      Authorisation
      The substance specified in the Annex, belonging to the additive category ‘nutritional additives’ and to the functional group ‘amino acids, their salts and analogues’, is authorised as an additive in animal nutrition subject to the conditions laid down in that Annex.
      Article 2
      Transitional measures
      1.   The substance specified in the Annex authorised by Commission Directive 88/485/EEC and premixtures containing it may be placed on the market until 12 December 2017 in accordance with the rules applicable before 12 June 2017 and used until the existing stocks are exhausted.
      2.   Feed materials and compound feed containing the substance referred to in paragraph 1 which are produced and labelled before 12 June 2018 in accordance with the rules applicable before 12 June 2017 may be placed on the market and used until the existing stocks are exhausted if they are intended for food producing animals.
      3.   Feed materials and compound feed containing the substances referred to in paragraph 1 which are produced and labelled before 12 June 2019 in accordance with the rules applicable before 12 June 2017 may be placed on the market and used until the existing stocks are exhausted if they are intended for non-food producing animals.
      Article 3
      Entry into force
      This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.

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

               For the Commission

               The President

            Jean-Claude JUNCKER

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

         (2)  Council Directive 82/471/EEC of 30 June 1982 concerning certain products used in animal nutrition (OJ L 213, 21.7.1982, p. 8).

         (3)  Commission Directive 88/485/EEC of 26 July 1988 amending the Annex to Council Directive 82/471/EEC concerning certain products used in animal nutrition (OJ L 239, 30.8.1988, p. 36).

         (4)  EFSA Journal 2013;11(10):3368.

         (5)  EFSA Journal 2014;12(5):3673.

         (6)  EFSA Journal 2014;12(10):3826.

         (7)  EFSA Journal 2015;13(2):4015.

         (8)  EFSA Journal 2015;13(9):4238.

         (9)  EFSA Journal 2016;14(1):4343.

         (10)  EFSA Journal 2017;15(2):4712.

         (11)  EFSA Journal 2017;15(3):4705.

         ANNEX

                     Identification number of the additive

                     Name of the holder of authorisation

                     Additive

                     Composition, chemical formula, description, analytical method

                     Species or category of animal

                     Maximum age

                     Minimum content

                     Maximum content

                     Other provisions

                     End of period of authorisation

                     mg/kg of complete feed with a moisture content of 12 %

                        Category of nutritional additives. Functional group: amino acids, their salts and analogues

                     3c440

                     —

                     L-tryptophan

                        Additive composition

                     Powder with a minimum of 98 % L-tryptophan (on a dry matter basis).
                     Maximum content of 10 mg/kg 1,1′-ethylidene-bis-L-tryptophan (EBT)

                        Characterisation of the active substance

                     L-tryptophan produced by fermentation with Escherichia coli KCCM 11132P or

                        Escherichia coli DSM 25084 or

                        Escherichia coli FERM BP-11200 or

                        Escherichia coli FERM BP-11354 or

                        Escherichia coli CGMCC 7.59 or

                        Escherichia coli CGMCC 3667.
                     Chemical formula: C11H12N2O2

                     CAS No: 73-22-3

                        Analytical methods
                         (1)

                     For the identification of L-tryptophan in the feed additive:

                                 —

                                 Food Chemical Codex ‘L-tryptophan monograph’.

                           For the determination of tryptophan in the feed additive and premixtures:

                                 —

                                 High performance liquid chromatography coupled to fluorescence detection (HPLC-FD) — EN ISO 13904-2016

                           For the determination of tryptophan in the feed additive, premixtures, compound feed and feed materials:

                                 —

                                 High Performance Liquid Chromatography (HPLC) coupled with fluorescence detection, Commission Regulation (EC) No 152/2009 (OJ L 54, 26.2.2009, p. 1) (Annex III, G)

                     All species

                     —

                     —

                     —

                                 1.

                                 L-tryptophan may be placed on the market and used as an additive consisting of a preparation.

                                 2.

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

                                 3.

                                 The endotoxin content of the additive and its dusting potential shall ensure a maximal endotoxin exposure of 1 600  IU endotoxins/m3 air (2).

                                 4.

                                 For ruminants, L-tryptophan shall be rumen protected.

                                 5.

                                 Declarations to be made on the label of the additive:
                                 Moisture content.

                     12 June 2027

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

            (2)  Exposure calculated based on the endotoxin level and the dusting potential of the additive according to the method used by EFSA (EFSA Journal 2017;15(3):4705); analytical method: European Pharmacopoeia 2.6.14 (bacterial endotoxins).


title: Commission Implementing Regulation (EU) No 245/2012 of 20 March 2012 amending Regulation (EC) No 1187/2009 as regards exports of milk and milk products to the Dominican Republic

text:
               21.3.2012

               EN

               Official Journal of the European Union

               L 81/37

         COMMISSION IMPLEMENTING REGULATION (EU) No 245/2012
   of 20 March 2012
   amending Regulation (EC) No 1187/2009 as regards exports of milk and milk products to the Dominican Republic
   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 Article 170 and Article 171(1) in conjunction with Article 4 thereof,
   Whereas:

               (1)

               Article 27 of Commission Regulation (EC) No 1187/2009 of 27 November 2009 laying down special detailed rules for the application of Council Regulation (EC) No 1234/2007 as regards export licences and export refunds for milk and milk products (2) provides that within the context of the export quota of milk powder opened by the Dominican Republic, priority is to be given to products falling under specific product codes from the export refund nomenclature. This restriction was introduced in order to prevent excessive number of applications for licences, which could result in a fragmentation of the market and a risk in a loss of market share for the exporters of the Union.

               (2)

               The quantities applied for the quota year 2011/12 were for the first time lower than the quota quantities available. In case of remaining quantities, it is appropriate to allocate those quantities to the applicants who are interested in receiving higher quantities than those requested, provided that the security is increased accordingly.

               (3)

               With a view to maximising the use of the quota in the following years, it is appropriate to extend the scope of the licence applications to all the products covered by the tariff quota as provided for in the Economic Partnership Agreement between the Cariforum States, of the one part, and the European Community and its Member States, of the other part (3), the signature and provisional application of which have been approved by Council Decision 2008/805/EC (4). Moreover, as regards the validity of export licences, the derogation provided for in Article 6(2) of Regulation (EC) No 1187/2009 should not be limited only to products belonging to the same product category as referred to in Annex I thereof, but it should be extended to any of the products covered by the tariff quota.

               (4)

               As export refunds are fixed at 0 since 2008 export licence applications and licences should show the Combined Nomenclature codes instead of the product codes in the nomenclature for refunds. The relevant provisions should be adjusted accordingly.

               (5)

               For the purpose of good management, it is necessary for the Commission to have earlier than 31 August notification on the quantity for which licences have been issued. Conversely, the notification on the quantities allocated is superfluous and can be abolished.

               (6)

               Article 28(3)(a) of Regulation (EC) No 1187/2009 provides that exports licence applications are only admissible where applicants lodge a security in accordance with Article 9 thereof. The exception of Article 9 of that Regulation laid down in Article 33(1) thereof is therefore inconsistent.

               (7)

               Regulation (EC) No 1187/2009 should therefore be amended accordingly.

               (8)

               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 (EC) No 1187/2009 is amended as follows:

               (1)

               in Article 27(2), the first subparagraph is replaced by the following:
               ‘Licence applications can be lodged for all the products falling under CN codes 0402 10, 0402 21 and 0402 29.’;

               (2)

               in Article 28(3), the first subparagraph is replaced by the following:
               ‘To be admissible, only one export licence application may be submitted per product code in the Combined Nomenclature and all applications must be lodged at the same time with the competent authority of a single Member State.’;

               (3)

               Article 31 is amended as follows:

                           (a)

                           in paragraph 1, the first subparagraph is replaced by the following:
                           ‘Not later than the fifth working day following the expiry of the period for lodging licence applications, Member States shall notify the Commission, for each of the two parts of the quota and for each product code of the Combined Nomenclature, of the quantities covered by licence applications or, where applicable, that no applications have been lodged.’;

                           (b)

                           in paragraph 2, the third and the fourth subparagraphs are replaced by the following:
                           ‘If the application of the allocation coefficient results in a quantity per applicant of less than 20 tonnes, applicants may withdraw their applications. In such cases, they shall notify the competent authority within 3 working days of publication of the Commission’s decision. The security shall be released immediately. The competent authority shall notify the Commission, within 8 working days of publication of the decision, of the quantities broken down by product codes of the Combined Nomenclature, for which applications have been withdrawn and for which the security has been released.
                           Where applications for licences are submitted for quantities of product not exceeding the quotas referred to in Article 28(1), the Commission shall allocate the remaining quantities in proportion to the quantities applied for, by fixing an allocation coefficient. The amount resulting from the application of the coefficient shall be rounded down to the nearest kg. The operators shall inform the competent authority of the supplementary quantity they accept, within a week from the publication of the allocation coefficient. The security lodged shall be increased accordingly.’;

               (4)

               Article 32 is amended as follows:

                           (a)

                           in paragraph 1, the third subparagraph is replaced by the following:
                           ‘Member States shall notify the Commission by the end of February at the latest for both parts of the quota referred to in Article 28(1) of the quantities for which licences were issued, broken down by product code of the Combined Nomenclature.’;

                           (b)

                           in paragraph 2, the following subparagraph is added:
                           ‘For the purposes of Article 6(2), the export licence shall also be valid for any of the products falling under the codes referred to in the first subparagraph of Article 27(2).’;

                           (c)

                           paragraph 5 is replaced by the following:
                           ‘5.   By 31 August each year at the latest, Member States shall notify the Commission for both parts of the quota referred to in Article 28(1), and in respect to the previous 12-month period as referred to in Article 28(1), broken down by product code of the Combined Nomenclature:

                                       —

                                       the quantity for which licences were not issued or cancelled,

                                       —

                                       the quantity exported.’;

               (5)

               in Article 33, paragraph 1 is replaced by the following:
               ‘1.   Chapter II shall apply, with the exception of Articles 7 and 10.’.

         Article 2
   This Regulation shall enter into force on the third day following its publication in the Official Journal of the European Union.
   It shall apply from the quota year 2012/13.

      This Regulation shall be binding in its entirety and directly applicable in all Member States.
      Done at Brussels, 20 March 2012.

            For the Commission

            The President

         José Manuel BARROSO

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

      (2)  OJ L 318, 4.12.2009, p. 1.

      (3)  OJ L 289, 30.10.2008, p. 3.

      (4)  OJ L 289, 30.10.2008, p. 1.


title: Commission Implementing Regulation (EU) No 1044/2012 of 8 November 2012 on a derogation from Regulation (EEC) No 2454/93 as regards the rules of origin used for the purposes of the scheme of generalised tariff preferences to take account of the special situation of Guatemala regarding exports of certain fisheries products to the Union

text:
               9.11.2012

               EN

               Official Journal of the European Union

               L 310/28

         COMMISSION IMPLEMENTING REGULATION (EU) No 1044/2012
   of 8 November 2012
   on a derogation from Regulation (EEC) No 2454/93 as regards the rules of origin used for the purposes of the scheme of generalised tariff preferences to take account of the special situation of Guatemala regarding exports of certain fisheries products to the Union
   THE EUROPEAN COMMISSION,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to Council Regulation (EEC) No 2913/92 of 12 October 1992 establishing the Community Customs Code (1), and in particular Article 247 thereof,
   Having regard to Commission Regulation (EEC) No 2454/93 of 2 July 1993 laying down provisions for the implementation of Council Regulation (EEC) No 2913/92 establishing the Community Customs Code (2), and in particular Article 89(1)(b) thereof,
   Whereas:

               (1)

               By Council Regulation (EC) No 732/2008 (3) applying a scheme of generalised tariff preferences from 1 January 2009, the Union granted generalised tariff preferences to Guatemala.

               (2)

               Regulation (EEC) No 2454/93 establishes the definition of the concept of originating products to be used for the purpose of the scheme of generalised tariff preferences (‘GSP’). Article 89 of that Regulation provides for a derogation from that definition in favour of beneficiary countries benefiting from GSP.

               (3)

               By letter dated 24 January 2012, Guatemala submitted a request for a derogation from the GSP rules of origin in accordance with Article 89 of Regulation (EEC) No 2454/93. By letters dated 28 March 2012, 21 June 2012 and 27 June 2012, Guatemala submitted additional information in support of this request.

               (4)

               The request concerns a total annual quantity of 4 000 tonnes of cooked, frozen and vacuum-packed tuna fillets known as ‘loins’ (hereafter ‘tuna loins’) of CN code 1604 14 16 for a period from 1 April 2012 until 31 December 2013.

               (5)

               The request demonstrates that, without the derogation, the ability of the Guatemalan fish processing industry to continue to export tuna loins eligible for preferential tariff treatment to the Union would be significantly affected.

               (6)

               The derogation is therefore required in order to give Guatemala sufficient time to prepare its fish processing industry to comply with the rules for the acquisition of preferential origin of tuna loins. This sufficient time is needed in order to secure adequate flows of originating tuna to the country by the government and the processing industries of Guatemala.

               (7)

               Given the existing supply flows and production patterns, the derogation should be granted in respect of yearly quantities of 1 975 tonnes for tuna loins of CN code ex 1604 14 16. In order to ensure that the temporary derogation be limited to the time needed for Guatemala to achieve compliance with the rules for the acquisition of preferential origin of tuna loins, the derogation should be granted from 1 January 2012 until 30 June 2013. The quota amount for 2013 should be defined on a pro-rata basis to the period of the derogation granted. Consequently, the quota amounts should be set out at 1 975 tonnes for 2012, and 987,5 tonnes for 2013.

               (8)

               In order to ensure the continuity of exports of the processed fish eligible for preferential tariff treatment from Guatemala to the Union, the derogation should be granted with retroactive effect from 1 January 2012.

               (9)

               For the sake of clarity and in order for tuna loins of CN code ex 1604 14 16 to benefit from the derogation, it is appropriate to set out explicitly that the only non-originating materials to be used for the manufacture of the said tuna loins should be tuna of HS heading 0302 or 0303.

               (10)

               Regulation (EEC) No 2454/93 lays down rules relating to the management of tariff quotas. In order to ensure efficient management conducted in close cooperation between the authorities of Guatemala, the customs authorities of the Union and the Commission, those rules should apply mutatis mutandis to the quantities imported under the derogation granted by this Regulation.

               (11)

               In order to allow efficient monitoring of the operation of the derogation, it is necessary to lay down the obligation for the authorities of Guatemala to communicate regularly to the Commission details of the certificates of origin Form A which have been issued.

               (12)

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

         HAS ADOPTED THIS REGULATION:
   Article 1
   By way of derogation from Articles 72, 73 and 75 to 79 of Regulation (EEC) No 2454/93, cooked, frozen and vacuum-packed tuna fillets known as ‘loins’ of CN code ex 1604 14 16 produced in Guatemala from non-originating tuna of HS heading 0302 or 0303 shall be regarded as originating in Guatemala in accordance with the terms set out in Articles 2, 3 and 4 of this Regulation.
   Article 2
   The derogation provided for in Article 1 shall apply to products exported from Guatemala and declared for release for free circulation in the Union during the period from 1 January 2012 to 30 June 2013 and up to the quantities set out in the Annex to this Regulation.
   Article 3
   The quantities set out in the Annex to this Regulation shall be managed in accordance with Articles 308a, 308b and 308c of Regulation (EEC) No 2454/93.
   Article 4
   The customs authorities of Guatemala shall take the necessary steps to carry out quantitative checks on exports of the products referred to in Article 1.
   Box 4 of certificates of origin Form A issued by the competent authorities of Guatemala pursuant to this Regulation shall bear one of the following endorsements:

               —

               ‘Derogation — Commission Implementing Regulation (EU) No 1044/2012’,

               —

               ‘Excepción — Reglamento de Ejecución (UE) no 1044/2012 de la Comisión’.

         The competent authorities of Guatemala shall forward to the Commission, by the end of the month following each civil quarter, a quarterly statement of the quantities in respect of which certificates of origin Form A have been issued pursuant to this Regulation and the serial numbers of those certificates.
   Article 5
   This Regulation shall enter into force on the third day following that of its publication in the Official Journal of the European Union.
   It shall apply from 1 January 2012.

      This Regulation shall be binding in its entirety and directly applicable in all Member States.
      Done at Brussels, 8 November 2012.

            For the Commission

            The President

         José Manuel BARROSO

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

      (2)  OJ L 253, 11.10.1993, p. 1.

      (3)  OJ L 211, 6.8.2008, p. 1.

      ANNEX

                  Order No

                  CN code

                  Description of goods

                  Period

                  Quantities
                  (in tonnes net weight)

                  09.1627

                  ex 1604 14 16

                  Cooked, frozen and vacuum-packed tuna fillets known as ‘loins’

                  1.1.2012 to 31.12.2012

                  1 975

                  1.1.2013 to 30.6.2013

                  987,5


title: Commission Implementing Regulation (EU) No 74/2013 of 25 January 2013 amending Regulation (EU) No 1125/2010 as regards the intervention centres for cereals in Germany, Spain and Slovakia

text:
               26.1.2013

               EN

               Official Journal of the European Union

               L 26/17

         COMMISSION IMPLEMENTING REGULATION (EU) No 74/2013
   of 25 January 2013
   amending Regulation (EU) No 1125/2010 as regards the intervention centres for cereals in Germany, Spain and Slovakia
   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 Article 41 in conjunction with Article 4 thereof,
   Whereas:

               (1)

               The Annex to Commission Regulation (EU) No 1125/2010 of 3 December 2010 determining the intervention centres for cereals and amending Regulation (EC) No 1173/2009 (2) designates the intervention centres for cereals.

               (2)

               In accordance with Article 55(1) of Commission Regulation (EU) No 1272/2009 of 11 December 2009 laying down common detailed rules for the implementation of Council Regulation (EC) No 1234/2007 as regards buying-in and selling of agricultural products under public intervention (3), Germany, Spain and Slovakia have communicated to the Commission the amended list of their intervention centres for cereals and the list of storage premises (4) attached to those centres which have been approved as fulfilling the minimum standards required by EU legislation.

               (3)

               Regulation (EU) No 1125/2010 should therefore be amended accordingly, and the list of storage premises attached thereto should be published on the internet, together with all the information required by the operators involved in public intervention.

               (4)

               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
   The Annex to Regulation (EU) No 1125/2010 is amended in accordance with the Annex to this Regulation.
   Article 2
   This Regulation shall enter into force on the third 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 January 2013.

            For the Commission

            The President

         José Manuel BARROSO

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

      (2)  OJ L 318, 4.12.2010, p. 10.

      (3)  OJ L 349, 29.12.2009, p. 1.

      (4)  The addresses of the storage premises of the intervention centres are available on the European Commission website EUROPA/agriculture http://ec.europa.eu/agriculture/cereals/legislation/index_en.htm

      ANNEX
      The Annex to Regulation (EU) No 1125/2010 is amended as follows:

                  (1)

                  the section entitled ‘GERMANY’ is replaced by the following:
                  ‘GERMANY
                  Aschersleben
                  Augsburg
                  Bad Gandersheim
                  Bad Oldesloe
                  Beverungen
                  Brandenburg
                  Bremen
                  Bülstringen
                  Buttstädt
                  Dessau-Roßlau
                  Drebkau
                  Ebeleben
                  Eilenburg
                  Emden
                  Flensburg
                  Gransee
                  Großschirma
                  Güstrow
                  Hamburg
                  Hameln
                  Herzberg
                  Hildesheim
                  Holzminden
                  Itzehoe
                  Kappeln
                  Karstädt
                  Kiel
                  Klötze
                  Krefeld
                  Kyritz
                  Lübeck
                  Ludwigshafen
                  Magdeburg
                  Malchin
                  Neustadt
                  Nienburg
                  Northeim
                  Pollhagen
                  Querfurt
                  Regensburg
                  Rethem/Aller
                  Riesa
                  Rosdorf
                  Rostock
                  Schwerin
                  Tangermünde
                  Trebsen
                  Uelzen
                  Wismar
                  Witzenhausen’

                  (2)

                  the section entitled ‘SPAIN’ is replaced by the following:
                  ‘SPAIN
                  Andalucia
                  Aragon
                  Castilla y Leon
                  Castilla La Mancha
                  Extremadura
                  Navarra’

                  (3)

                  the section entitled ‘SLOVAKIA’ is replaced by the following:
                  ‘SLOVAKIA
                  Bratislava
                  Trnava
                  Dunajská Streda
                  Nitra
                  Dvory nad Žitavou
                  Bánovce nad Bebravou
                  Martin
                  Veľký Krtíš
                  Rimavská Sobota
                  Šurany
                  Košice’


title: Commission Implementing Regulation (EU) No 459/2014 of 29 April 2014 amending certain regulations on the classification of goods in the Combined Nomenclature

text:
               6.5.2014

               EN

               Official Journal of the European Union

               L 133/43

         COMMISSION IMPLEMENTING REGULATION (EU) No 459/2014
   of 29 April 2014
   amending certain regulations on the classification of 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)

               Council Regulation (EU) No 953/2013 (2) amended Annex I to Regulation (EEC) No 2658/87 and replaced CN codes 8528 59 10, 8528 59 40 and 8528 59 80 by CN codes 8528 59 20, 8528 59 31, 8528 59 39 and 8528 59 70.

               (2)

               Certain Commission Regulations concerning the classification of goods, adopted in order to ensure the uniform application of the Combined Nomenclature established by Regulation (EEC) No 2658/87, make reference to CN codes which no longer exist. They should therefore be amended in order to take into account the appropriate CN codes in force.

               (3)

               The Customs Code Committee has not issued an opinion on the item of Annex III of this Regulation within the time limit set by its Chairman, the measures provided for under Annex I, II and IV of this Regulation are in accordance with the opinion of the Customs Code Committee,

         HAS ADOPTED THIS REGULATION:
   Article 1
   1.   The Annex to Commission Regulation (EC) No 1156/2008 (3), as amended by Implementing Regulation (EU) No 441/2013 (4), is replaced by the text set out in Annex I to this Regulation.
   2.   Item 1 of the Annex to Commission Regulation (EC) No 1172/2008 (5), as amended by Implementing Regulation (EU) No 441/2013, is replaced by the text set out in Annex II to this Regulation.
   3.   The Annex to Commission Implementing Regulation (EU) No 1196/2011 (6) is replaced by the text set out in Annex III to this Regulation.
   4.   The Annex to Commission Implementing Regulation (EU) No 698/2012 (7) is replaced by the text set out in the Annex IV 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, 29 April 2014.

            For the Commission,

            On behalf of the President,

         Algirdas ŠEMETA

            Member of the Commission

      (1)  OJ L 256, 7.9.1987, p. 1.

      (2)  Council Regulation (EU) No 953/2013 of 26 September 2013 amending Annex I to Regulation (EEC) No 2658/87 on the tariff and statistical nomenclature and on the Common Customs Tariff (OJ L 263, 5.10.2013, p. 4).

      (3)  Commission Regulation (EC) No 1156/2008 of 20 November 2008 concerning the classification of certain goods in the Combined Nomenclature (OJ L 310, 21.11.2008, p. 9).

      (4)  Commission Implementing Regulation (EU) No 441/2013 of 7 May 2013 amending or repealing certain regulations on the classification of goods in the Combined Nomenclature (OJ L 130, 15.5.2013, p. 1).

      (5)  Commission Regulation (EC) No 1172/2008 of 25 November 2008 concerning the classification of certain goods in the Combined Nomenclature (OJ L 317, 27.11.2008, p. 4).

      (6)  Commission Implementing Regulation (EU) No 1196/2011 of 17 November 2011 concerning the classification of certain goods in the Combined Nomenclature (OJ L 303, 22.11.2011, p. 12).

      (7)  Commission Implementing Regulation (EU) No 698/2012 of 25 July 2012 concerning the classification of certain goods in the Combined Nomenclature (OJ L 203, 31.7.2012, p. 34).

      ANNEX I

            ‘ANNEX

                        Description of the goods

                        Classification (CN code)

                        Reasons

                        (1)

                        (2)

                        (3)

                                    1.

                                    An apparatus for the recording, reproducing and displaying of still images (so-called “digital photo frame”), with overall dimensions 17 (L) × 12,9 (W) × 12,3 (D) cm, consisting of the following main components in a single housing:

                                                —

                                                a colour display of the liquid crystal device (LCD) type with a diagonal measurement of the screen of 13 cm (5,1 inches) and a resolution of 320 × 240 pixels,

                                                —

                                                a slot for a Subscriber Identity Module (SIM) card,

                                                —

                                                an infra-red interface,

                                                —

                                                an internal memory,

                                                —

                                                control buttons.

                                          The images are transferred to the internal memory of the apparatus from a compatible device (such as a mobile phone, automatic data-processing machine or a digital camera) via an infra-red signal or with a SIM card through the Multimedia Messaging Service (MMS).
                                    The images can also be transferred from the apparatus via the infra-red signal to a compatible device.
                                    The apparatus supports JPEG and GIF formats with a maximum resolution of 1 024 × 728 pixels.
                                    The apparatus can display images in a single-image or slideshow mode.
                                    Its internal memory can store up to 50 images.

                        8528 59 70

                        Classification is determined by general rules 1 and 6 for the interpretation of the Combined Nomenclature, note 3 to Section XVI and by the wording of CN codes 8528, 8528 59 and 8528 59 70.
                        As the apparatus is designed for the purpose of performing three functions within the meaning of note 3 to Section XVI (recording, reproducing and displaying images), it is to be classified as if consisting only of that machine which performs the principal function.
                        Due to its capability of displaying images, the principal function of the apparatus is considered to be that of a monitor, which is an individual function specified in heading 8528.
                        The fact that the signals are not displayed directly from external sources does not exclude classification under heading 8528 since monitors of that heading may be capable of receiving a variety of signals from different sources (see also the Harmonized System Explanatory Notes (HSEN) to heading 8528, third paragraph).
                        The apparatus is therefore to be classified under CN code 8528 59 70 as other monitors.

                                    2.

                                    An apparatus for the recording, reproducing and displaying of still and video images, as well as for the recording and reproducing of sound (so-called “digital picture frame”), with overall dimensions 33 (W) × 24,1 (H) × 4,1 (D) cm, consisting of the following main components in a single housing:

                                                —

                                                a colour display of the liquid crystal device (LCD) type, with a diagonal measurement of the screen of 25,4 cm (10 inches) and a resolution of 800 × 480 pixels,

                                                —

                                                an internal memory with a storage capacity of 128 MB,

                                                —

                                                memory card slots,

                                                —

                                                built-in loudspeakers,

                                                —

                                                two USB interfaces,

                                                —

                                                control buttons.

                                          It supports the following formats:

                                                —

                                                audio: MP3,

                                                —

                                                still image: JPEG, GIF,

                                                —

                                                video: MPEG1, MPEG4, MOV, AVI.

                                          Different types of solid-state non-volatile storage devices can be inserted into the memory card slots.
                                    The images may be displayed in single image, slideshow or thumbnails mode.

                        8528 59 70

                        Classification is determined by general rules 1 and 6 for the interpretation of the Combined Nomenclature, note 3 to Section XVI and by the wording of CN codes 8528, 8528 59 and 8528 59 70.
                        As the apparatus is designed for the purpose of performing three functions within the meaning of note 3 to Section XVI (recording, reproducing and displaying images), it is to be classified as if consisting only of that machine which performs the principal function.
                        Given the design and the concept of the apparatus, its purpose is to display still and video images. Recording still and video images is to be considered as a secondary function of the apparatus. Therefore its principal function is considered to be that of a monitor, which is an individual function specified in heading 8528.
                        The fact that the signals are not displayed directly from external sources does not exclude classification under heading 8528 since monitors of that heading may be capable of receiving a variety of signals from different sources (see also the HSEN to heading 8528, third paragraph).
                        The apparatus is not able to display signals directly from an automatic data-processing machine as the USB interfaces are only used for the transfer of media files. Consequently, classification under subheadings 8528 51 00 and 8528 59 31 is excluded.
                        The apparatus is therefore to be classified under CN code 8528 59 70 as other monitors.’

      ANNEX II

            ‘ANNEX

                        Description of the goods

                        Classification (CN code)

                        Reasons

                        (1)

                        (2)

                        (3)

                                    1.

                                    A battery-operated apparatus consisting of a laser reading system for video reproducing and a colour monitor for video displaying (so-called “portable DVD player”). Its overall dimensions are 19 (L) × 14,2 (W) × 3,7 (H) cm and the weight is 800 grams.
                                    The monitor is of the liquid crystal device (LCD) type with a diagonal measurement of the screen of 21,6 cm (8,5 inches). The apparatus can be folded and its monitor rotated.
                                    The apparatus is equipped with built-in loudspeakers.
                                    It has the following interfaces:

                                                —

                                                memory card expansion slots,

                                                —

                                                a USB port,

                                                —

                                                composite video in and out,

                                                —

                                                headphone jacks.

                                          It can read optical media (for example, CD, DVD) and semiconductor media (for example, USB flash memory) in various audio and video formats.

                        8528 59 70

                        Classification is determined by general rules 1 and 6 for the interpretation of the Combined Nomenclature, note 3 to Section XVI and by the wording of CN codes 8528, 8528 59 and 8528 59 70.
                        As the apparatus is designed for the purpose of performing two functions within the meaning of note 3 to Section XVI (reproducing and displaying video), it is to be classified as if consisting only of that machine which performs the principal function.
                        Given the design and concept of the apparatus and more particularly the size of the screen which facilitates viewing of video sequences for longer periods, the principal function of the apparatus is that of displaying video.
                        The apparatus is not able to display signals directly from an automatic data-processing machine as the USB port is only used for the transfer of media files. Consequently, classification under subheadings 8528 51 00 and 8528 59 31 is excluded.
                        The apparatus is therefore to be classified under CN code 8528 59 70 as other monitors.’

      ANNEX III

            ‘ANNEX

                        Description of the goods

                        Classification (CN code)

                        Reasons

                        (1)

                        (2)

                        (3)

                        A portable, battery-powered electronic eyewear apparatus for displaying images (so-called “video glasses”) with dimensions in a folded state of approximately 15 × 3,5 × 2,5 cm.
                        The electronic eyewear apparatus consists of two liquid crystal device (LCD) screens, each with a resolution of 640 × 480 pixels (virtual equivalent of an 80 inch screen viewed 2 meters away) and sound-processing circuits, mounted in a frame similar to a frame for spectacles.
                        The apparatus is equipped with the following interfaces:

                                    —

                                    VGA input,

                                    —

                                    Audio Video (A/V) input.

                              It can be connected to an automatic data-processing (ADP) machine and to apparatus such as video reproducers, television receivers or game consoles.
                        It displays virtual 3-dimensional (3D) video images for entertainment purposes.

                        8528 59 31

                        Classification is determined by general rules 1 and 6 for the interpretation of the Combined Nomenclature and by the wording of CN codes 8528, 8528 59 and 8528 59 31.
                        As the apparatus does not incorporate a tuner or any similar device enabling the reception of television signals, classification as reception apparatus for television under subheading 8528 72 is excluded.
                        The apparatus uses 2 very small LCD screens (one in front of each eye) for creating a virtual image equivalent of an 80 inch screen viewed 2 meters away. Given these objective characteristics and properties, and in particular its ability to display 3D images, the apparatus is intended for entertainment purposes such as watching films, viewing television or gaming. Consequently, classification under subheading 8528 51 is excluded as the apparatus cannot be considered of a kind solely or principally used in an ADP system of heading 8471.
                        As the monitor is capable of displaying signals from an ADP machine at a level sufficient for practical use with the ADP machine, it is considered to be capable of displaying signals from automatic data-processing machines with an acceptable level of functionality.
                        The monitor is therefore to be classified under CN code 8528 59 31 as flat panel displays able to display signals from automatic data-processing machines with an acceptable level of functionality with a screen of the liquid crystal display (LCD) technology.’

      ANNEX IV

            ‘ANNEX

                        Description of the goods

                        Classification (CN code)

                        Reasons

                        (1)

                        (2)

                        (3)

                                    1.

                                    A multifunctional apparatus (so-called “multimedia centre for motor vehicles”) of a kind used in motor vehicles, consisting of two main components:

                                                —

                                                a reception apparatus for radio-broadcasting combined with a CD/DVD player,

                                                —

                                                a detachable colour liquid crystal display (LCD) with a touch screen function with a diagonal measurement of the screen of approximately 17,5 cm (7 inches) and an aspect ratio of 16:9.

                                          The apparatus is equipped with connectors enabling the reception of video signals from external sources such as a rear-view camera.
                                    The apparatus is presented with a remote control.
                                    An additional display can be connected to the apparatus.

                        8528 59 70

                        Classification is determined by general rules (GIR) 1, 3(c) and 6 for the interpretation of the Combined Nomenclature and by the wording of CN codes 8528, 8528 59 and 8528 59 70.
                        The apparatus is designed for the purpose of performing various functions (sound reproduction, video reproduction, radio-broadcasting, displaying video), none of which, in view of its design and concept, gives the apparatus its essential character.
                        By application of GIR 3(c), the apparatus is therefore to be classified under CN code 8528 59 70 as other monitors.

                                    2.

                                    A multifunctional apparatus (so-called “multimedia centre for motor vehicles”) of a kind used in motor vehicles measuring approximately 17 × 5 × 16 cm.
                                    It combines, in the same housing, a reception apparatus for radio-broadcasting, a sound and a video reproducing apparatus and a colour liquid crystal display (LCD) with a diagonal measurement of the screen of approximately 8 cm (3,5 inches).
                                    The apparatus is equipped with connectors enabling the reception of video signals from external sources such as a rear-view camera.
                                    The apparatus can also reproduce sound and images from a USB memory stick.
                                    The apparatus is presented with a remote control.
                                    An additional display can be connected to the apparatus.

                        8528 59 70

                        Classification is determined by general rules (GIR) 1, 3(c) and 6 for the interpretation of the Combined Nomenclature and by the wording of CN codes 8528, 8528 59 and 8528 59 70.
                        The apparatus is designed for the purpose of performing various functions (sound reproduction, video reproduction, radio-broadcasting, displaying video), none of which, in view of its design and concept, gives the apparatus its essential character.
                        The apparatus is not able to display signals directly from an automatic data-processing machine as the USB interface is only used for reproducing audio or video from a USB memory stick. Consequently, classification under subheadings 8528 51 00 and 8528 59 31 is excluded.
                        By application of GIR 3(c), the apparatus is therefore to be classified under CN code 8528 59 70 as other monitors.

                                    3.

                                    A multifunctional apparatus (so-called “multimedia centre for motor vehicles”) of a kind used in motor vehicles.
                                    It combines, in the same housing, a reception apparatus for radio-broadcasting, a sound and a video reproducing apparatus, a radio navigational apparatus and a colour liquid crystal display (LCD) with a diagonal measurement of the screen of approximately 18 cm (7 inches) and an aspect ratio of 16:9.
                                    The apparatus is equipped with connectors enabling the reception of video signals from external sources such as a rear-view camera or a DVB-T tuner.
                                    The apparatus can also reproduce sound and images from a memory card.
                                    The apparatus is presented with two remote controls.
                                    An additional display can be connected to the apparatus.

                        8528 59 70

                        Classification is determined by general rules (GIR) 1, 3(c) and 6 for the interpretation of the Combined Nomenclature and by the wording of CN codes 8528, 8528 59 and 8528 59 70.
                        The apparatus is designed for the purpose of performing various functions (sound reproduction, video reproduction, radio navigational aid, radio-broadcasting, displaying video), none of which, in view of its design and concept, gives the apparatus its essential character.
                        By application of GIR 3(c), the apparatus is therefore to be classified under CN code 8528 59 70 as other monitors.’