title: Commission Implementing Regulation (EU) No 687/2014 of 20 June 2014 amending Regulation (EU) No 185/2010 as regards clarification, harmonisation and simplification of aviation security measures, equivalence of security standards and cargo and mail security measures  Text with EEA relevance

text:
               21.6.2014

               EN

               Official Journal of the European Union

               L 182/31

         COMMISSION IMPLEMENTING REGULATION (EU) No 687/2014
   of 20 June 2014
   amending Regulation (EU) No 185/2010 as regards clarification, harmonisation and simplification of aviation security measures, equivalence of security standards and cargo and mail security measures
   (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 300/2008 of the European Parliament and of the Council of 11 March 2008 on common rules in the field of civil aviation security and repealing Regulation (EC) No 2320/2002 (1), and in particular Article 4(3) thereof,
   Whereas:

               (1)

               Experience with the implementation of Commission Regulation (EU) No 185/2010 (2) has shown the need for amendments to the implementing modalities of certain common basic standards.

               (2)

               Certain specific aviation security measures should be clarified, harmonised or simplified in order to improve legal clarity, so as to avoid diverging interpretations of the legislation and further ensure the best implementation of the common basic standards on aviation security.

               (3)

               The amendments concern the implementation of a limited number of measures in relation to prohibited articles, aircraft security, security controls for cargo, mail, in-flight and airport supplies and security equipment.

               (4)

               In accordance with Commission Regulation (EC) No 272/2009 (3), the Commission should recognise the equivalence of aviation security standards of third countries and other countries and territories to which Title VI of the TFEU does not apply under the condition that the criteria set out in that Regulation are met.

               (5)

               The Commission has verified that airports located in Guernsey, Isle of Man and Jersey fulfil the criteria set out in Part E of the Annex to Regulation (EC) No 272/2009.

               (6)

               Regulation (EU) No 185/2010 lists in its Annex the third countries and other countries and territories to which Title VI of the TFEU does not apply recognised as applying security standards equivalent to the common basic standards that Regulation (EC) No 272/2009 establishes.

               (7)

               Commission Regulation (EEC) No 2454/93 (4) and Regulation (EU) No 185/2010 both lay down similar security requirements for entities operating in the cargo and mail supply chain.

               (8)

               The security requirements for the aviation security regulated agent and known consignor programme defined in Regulation (EU) No 185/2010 and for the customs Authorized Economic Operator programme defined in Regulation (EEC) No 2454/93 should be further aligned in order to allow for mutual recognition to facilitate the concerned industry and government authorities while at the same time maintaining current security levels.

               (9)

               Regulation (EU) No 185/2010 should therefore be amended accordingly.

               (10)

               The measures provided for in this Regulation are in accordance with the opinion of the Committee on Civil Aviation Security,

         HAS ADOPTED THIS REGULATION:
   Article 1
   The Annex to Regulation (EU) No 185/2010 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.
   Point 5(o) of the Annex shall apply as of 1 July 2014.
   Points 10(b) and 11(b) of the Annex shall apply from 1 March 2015.

      This Regulation shall be binding in its entirety and directly applicable in all Member States.
      Done at Brussels, 20 June 2014.

            For the Commission

            The President

         José Manuel BARROSO

      (1)  OJ L 97, 9.4.2008, p. 72.

      (2)  Commission Regulation (EU) No 185/2010 of 4 March 2010 laying down detailed measures for the implementation of the common basic standards on aviation security (OJ L 55, 5.3.2010, p. 1).

      (3)  Commission Regulation (EC) No 272/2009 of 2 April 2009 supplementing the common basic standards on civil aviation security laid down in the Annex to Regulation (EC) No 300/2008 of the European Parliament and of the Council (OJ L 91, 3.4.2009, p. 7).

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

      ANNEX
      The Annex to Regulation (EU) No 185/2010 is amended as follows:

                  (1)

                  Chapter 1 is amended as follows:

                              (a)

                              the following point 1.0.5 is added:

                                          ‘1.0.5.

                                          References to third countries in this chapter and where applicable in a separate Commission Decision include other countries and territories to which, in accordance with Article 355 of the Treaty on the Functioning of the European Union, Title VI of that Treaty does not apply.’;

                              (b)

                              point 1.3.1.7 is deleted;

                              (c)

                              the following point 1.6 is added:
                              ‘1.6.   PROHIBITED ARTICLES
                              1.6.1.   Persons other than passengers shall not be permitted to carry into security restricted areas the articles listed in Attachment 1-A.
                              1.6.2.   An exemption to point 1.6.1 may be granted on condition that the person is authorised to carry prohibited articles into security restricted areas in order to undertake tasks that are essential for the operation of airport facilities or of aircraft, or for performing in-flight duties.
                              1.6.3.   In order to allow reconciliation of the person authorised to carry one or more articles as listed in Attachment 1-A with the article carried:

                                          (a)

                                          the person shall have an authorisation and shall carry it. The authorisation shall either be indicated on the identification card that grants access to security restricted areas or on a separate declaration in writing. The authorisation shall indicate the article(s) that may be carried, either as a category or as a specific article. If the authorisation is indicated on the identification card, then it shall be recognisable on a need-to-know basis; or

                                          (b)

                                          a system shall be in place at the security checkpoint indicating which persons are authorised to carry which article(s), either as a category or as a specific article.

                                    Reconciliation shall be performed before the person is allowed to carry the article(s) concerned into security restricted areas or on board an aircraft, or upon being challenged by persons performing surveillance or patrols under point 1.5.1 (c).
                              1.6.4.   Articles as listed in Attachment 1-A may be stored in security restricted areas provided they are kept in secure conditions. Articles as listed in points (c), (d) and (e) of Attachment 4-C may be stored in security restricted areas provided they are not accessible to passengers.’;

                              (d)

                              the following Attachment 1-A is added:

                                 ‘ATTACHMENT 1-A
                                 PERSONS OTHER THAN PASSENGERS

                                    LIST OF PROHIBITED ARTICLES

                                             (a)

                                                guns, firearms and other devices that discharge projectiles — devices capable, or appearing capable, of being used to cause serious injury by discharging a projectile, including:

                                                         —

                                                         firearms of all types, such as pistols, revolvers, rifles, shotguns,

                                                         —

                                                         toy guns, replicas and imitation firearms capable of being mistaken for real weapons,

                                                         —

                                                         component parts of firearms, excluding telescopic sights,

                                                         —

                                                         compressed air and CO2 guns, such as pistols, pellet guns, rifles and ball bearing guns,

                                                         —

                                                         signal flare pistols and starter pistols,

                                                         —

                                                         bows, cross bows and arrows,

                                                         —

                                                         harpoon guns and spear guns,

                                                         —

                                                         slingshots and catapults;

                                             (b)

                                                stunning devices — devices designed specifically to stun or immobilise, including:

                                                         —

                                                         devices for shocking, such as stun guns, tasers and stun batons,

                                                         —

                                                         animal stunners and animal killers,

                                                         —

                                                         disabling and incapacitating chemicals, gases and sprays, such as mace, pepper sprays, capsicum sprays, tear gas, acid sprays and animal repellent sprays;

                                             (c)

                                                explosives and incendiary substances and devices — explosives and incendiary substances and devices capable, or appearing capable, of being used to cause serious injury or to pose a threat to the safety of aircraft, including:

                                                         —

                                                         ammunition,

                                                         —

                                                         blasting caps,

                                                         —

                                                         detonators and fuses,

                                                         —

                                                         replica or imitation explosive devices,

                                                         —

                                                         mines, grenades and other explosive military stores,

                                                         —

                                                         fireworks and other pyrotechnics,

                                                         —

                                                         smoke-generating canisters and smoke-generating cartridges,

                                                         —

                                                         dynamite, gunpowder and plastic explosives;

                                             (d)

                                             any other article capable of being used to cause serious injury and which is not commonly used in security restricted areas, e.g. martial arts equipment, swords, sabres, etc.’;

                  (2)

                  Chapter 3 is amended as follows:

                              (a)

                              the following point 3.0.6 is added:

                                          ‘3.0.6.

                                          References to third countries in this chapter and where applicable in a separate Commission Decision include other countries and territories to which, in accordance with Article 355 of the Treaty on the Functioning of the European Union, Title VI of that Treaty does not apply.’;

                              (b)

                              point 3.2.1.1 is replaced by the following:

                                          ‘3.2.1.1.

                                          Regardless of where an aircraft is parked at an airport, each of its external doors shall be protected against unauthorised access by:

                                                      (a)

                                                      ensuring that persons seeking to gain unauthorised access are challenged promptly; or

                                                      (b)

                                                      having the external door closed. Where the aircraft is in a critical part, external doors that are not accessible by a person from the ground shall be considered closed if access aids have been removed and placed sufficiently far from the aircraft as to reasonably prevent access by a person; or

                                                      (c)

                                                      having electronic means which will immediately detect unauthorised access; or;

                                                      (d)

                                                      having an electronic airport identification card access system at all doors leading directly to the passenger boarding bridge, adjacent to an open aircraft door, which only allows access for persons that are trained in accordance with point 11.2.3.7. Such persons must ensure that unauthorised access is prevented, during their use of the door.’;

                              (c)

                              Attachment 3-B is replaced by the following:

                                 ‘ATTACHMENT 3-B
                                 AIRCRAFT SECURITY

                                    THIRD COUNTRIES, AS WELL AS OTHER COUNTRIES AND TERRITORIES TO WHICH, IN ACCORDANCE WITH ARTICLE 355 OF THE TREATY ON THE FUNCTIONING OF THE EUROPEAN UNION, TITLE VI OF THAT TREATY DOES NOT APPLY, RECOGNISED AS APPLYING SECURITY STANDARDS EQUIVALENT TO THE COMMON BASIC STANDARDS.

                                 As regards aircraft security, the following third countries, as well as other countries and territories to which, in accordance with Article 355 of the Treaty on the Functioning of the European Union Title VI of that Treaty does not apply, have been recognised as applying security standards equivalent to the common basic standards:

                                                United States of America

                                                Faroe Islands, in regard to Vagar airport

                                                Greenland, in regard to Kangerlussuaq airport

                                                Guernsey

                                                Jersey

                                                Isle of Man

                                       The Commission shall notify without delay the appropriate authorities of the Member States if it has information indicating that security standards applied by the third country or other country or territory concerned with a significant impact on overall levels of aviation security in the Union are no longer equivalent to the common basic standards of the Union.
                                 The appropriate authorities of the Member States shall be notified without delay when the Commission has information about actions, including compensatory measures, confirming that the equivalency of relevant security standards applied by the third country or other country or territory concerned is re-established.’;

                  (3)

                  Chapter 4 is amended as follows:

                              (a)

                              the following point 4.0.5 is added:

                                          ‘4.0.5.

                                          References to third countries in this chapter and where applicable in a separate Commission Decision include other countries and territories to which, in accordance with Article 355 of the Treaty on the Functioning of the European Union, Title VI of that Treaty does not apply.’;

                              (b)

                              Attachment 4-B is replaced by the following:

                                 ‘ATTACHMENT 4-B
                                 PASSENGERS AND CABIN BAGGAGE

                                    THIRD COUNTRIES, AS WELL AS OTHER COUNTRIES AND TERRITORIES TO WHICH, IN ACCORDANCE WITH ARTICLE 355 OF THE TREATY ON THE FUNCTIONING OF THE EUROPEAN UNION, TITLE VI OF THAT TREATY DOES NOT APPLY, RECOGNISED AS APPLYING SECURITY STANDARDS EQUIVALENT TO THE COMMON BASIC STANDARDS.

                                 As regards passengers and cabin baggage, the following third countries, as well as other countries and territories to which, in accordance with Article 355 of the Treaty on the Functioning of the European Union Title VI of that Treaty does not apply, have been recognised as applying security standards equivalent to the common basic standards.

                                                United States of America

                                                Faroe Islands, in regard to Vagar airport

                                                Greenland, in regard to Kangerlussuaq airport

                                                Guernsey

                                                Jersey

                                                Isle of Man

                                       The Commission shall notify without delay the appropriate authorities of the Member States if it has information indicating that security standards applied by the third country or other country or territory concerned with a significant impact on overall levels of aviation security in the Union are no longer equivalent to the common basic standards of the Union.
                                 The appropriate authorities of the Member States shall be notified without delay when the Commission has information about actions, including compensatory measures, confirming that the equivalency of relevant security standards applied by the third country or other country or territory concerned is re-established.’;

                  (4)

                  Chapter 5 is amended as follows:

                              (a)

                              the following point 5.0.5 is added:

                                          ‘5.0.5.

                                          References to third countries in this chapter and where applicable in a separate Commission Decision include other countries and territories to which, in accordance with Article 355 of the Treaty on the Functioning of the European Union, Title VI of that Treaty does not apply.’;

                              (b)

                              Attachment 5-A is replaced by the following:

                                 ‘ATTACHMENT 5-A
                                 HOLD BAGGAGE

                                    THIRD COUNTRIES, AS WELL AS OTHER COUNTRIES AND TERRITORIES TO WHICH, IN ACCORDANCE WITH ARTICLE 355 OF THE TREATY ON THE FUNCTIONING OF THE EUROPEAN UNION, TITLE VI OF THAT TREATY DOES NOT APPLY, RECOGNISED AS APPLYING SECURITY STANDARDS EQUIVALENT TO THE COMMON BASIC STANDARDS.

                                 As regards hold baggage, the following third countries, as well as other countries and territories to which, in accordance with Article 355 of the Treaty on the Functioning of the European Union, Title VI of that Treaty does not apply, have been recognised as applying security standards equivalent to the common basic standards.

                                                United States of America

                                                Faroe Islands, in regard to Vagar airport

                                                Greenland, in regard to Kangerlussuaq airport

                                                Guernsey

                                                Jersey

                                                Isle of Man

                                       The Commission shall notify without delay the appropriate authorities of the Member States if it has information indicating that security standards applied by the third country or other country or territory concerned with a significant impact on overall levels of aviation security in the Union are no longer equivalent to the common basic standards of the Union.
                                 The appropriate authorities of the Member States shall be notified without delay when the Commission has information about actions, including compensatory measures, confirming that the equivalency of relevant security standards applied by the third country or other country or territory concerned is re-established.’;

                  (5)

                  Chapter 6 is amended as follows:

                              (a)

                              the following point 6.0.3 is added:

                                          ‘6.0.3.

                                          References to third countries in this chapter and where applicable in a separate Commission Decision include other countries and territories to which, in accordance with Article 355 of the Treaty on the Functioning of the European Union, Title VI of that Treaty does not apply.’;

                              (b)

                              point 6.3.1.2 (b) is replaced by the following:

                                          ‘(b)

                                          the appropriate authority or an EU aviation security validator acting on its behalf shall examine the security programme and then make an on-site verification of the sites specified in order to assess whether the applicant complies with the requirements of Regulation (EC) No 300/2008 and its implementing acts.
                                          Except for the requirements laid down in point 6.2, an examination of the site of the applicant by the relevant customs authority in accordance with Article 14n of Commission Regulation (EEC) No 2454/93 (1) shall be considered as an on-site verification if it took place not earlier than 3 years before the date on which the applicant seeks approval as a regulated agent. The AEO certificate and the relevant assessment of the customs authorities shall be made available by the applicant for further inspection.

                                 (1)  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 (OJ L 253, 11.10.1993, p. 1).’;"

                              (c)

                              in point 6.3.1.4, the following paragraph is added:
                              ‘Except for the requirements laid down in point 6.2, an examination of the site of the regulated agent by the relevant customs authority in accordance with Article 14n of Regulation (EEC) No 2454/93 shall be considered as an on-site verification.’;

                              (d)

                              point 6.3.1.5 is replaced by the following:

                                          ‘6.3.1.5.

                                          If the appropriate authority is no longer satisfied that the regulated agent complies with the requirements of Regulation (EC) No 300/2008 and its implementing acts, it shall withdraw the status of regulated agent for the specified site(s).
                                          If the entity is no longer a holder of an AEO certificate referred to in point (b) or (c) of Article 14a(1) of Regulation (EEC) No 2454/93 or if this AEO certificate is suspended due to non-compliance with Article 14k of that Regulation, the appropriate authority shall undertake appropriate action to satisfy itself that the regulated agent complies with the requirements of Regulation (EC) No 300/2008.
                                          The entity shall inform the appropriate authority of any changes related to its AEO certificate referred to in point (b) or (c) of Article 14a(1) of Regulation (EEC) No 2454/93.
                                          Immediately after withdrawal, and in all cases within 24 hours, the appropriate authority shall ensure that the former regulated agent's change of status is indicated in the “Union database on supply chain security”.’;

                              (e)

                              the following point 6.3.1.8 is added:

                                          ‘6.3.1.8.

                                          The appropriate authority shall make available to the customs authority any information related to the status of a regulated agent which could be relevant in respect of holding an AEO certificate as referred to in point (b) or (c) of Article 14a(1) of Regulation (EEC) No 2454/93. This shall include the information related to new approvals of regulated agents, withdrawal of the regulated agent status, revalidation and inspections, verification schedules and outcomes of these assessments.
                                          By 1 March 2015 at the latest, the modalities for this exchange of information shall be established between the appropriate authority and the national customs authorities.’;

                              (f)

                              point 6.3.2.3 is replaced by the following:

                                          ‘6.3.2.3

                                          The regulated agent shall ensure that consignments to which not all required security controls have previously been applied are:

                                                      (a)

                                                      screened in accordance with point 6.2; or

                                                      (b)

                                                      accepted for storage under the regulated agent's exclusive responsibility, not identifiable as shipment for carriage on an aircraft before selection, and selected autonomously without any intervention of the consignor or any person or entity other than those appointed and trained by the regulated agent for that purpose.

                                                Point (b) may only be applied if it is unpredictable for the consignor that the consignment is to be transported by air.’;

                              (g)

                              point 6.3.2.6 (e) is replaced by the following:

                                          ‘(e)

                                          the reason that the security status was issued, stating:

                                                      —

                                                      “KC”, meaning received from known consignor, or

                                                      —

                                                      “AC”, meaning received from account consignor, or

                                                      —

                                                      “RA”, meaning selected by a regulated agent, or

                                                      —

                                                      the means or method of screening used, or

                                                      —

                                                      the grounds for exempting the consignment from screening;’;

                              (h)

                              point 6.4.1.2 is replaced by the following:

                                          ‘6.4.1.2.

                                          The appropriate authority of each Member State shall define in its national civil aviation security programme as referred to in Article 10 of Regulation (EC) No 300/2008 the responsibilities for the implementation of the following procedure on the approval of known consignors:

                                                      (a)

                                                      the applicant shall seek approval from the appropriate authority of the Member State in which its site is located.
                                                      The applicant shall be provided with the “Guidance for known consignors” as contained in Attachment 6-B and the “Validation checklist for known consignors” as contained in Attachment 6-C;

                                                      (b)

                                                      the appropriate authority, or the EU aviation security validator acting on its behalf, shall make an on-site verification of the sites specified in order to assess whether the applicant complies with the requirements of Regulation (EC) No 300/2008 and its implementing acts.
                                                      In order to assess whether the applicant complies with these requirements, the appropriate authority, or the EU aviation security validator acting on its behalf, shall make use of the “Validation checklist for known consignors” as contained in Attachment 6-C. This checklist includes a declaration of commitments which shall be signed by the applicant's legal representative or by the person responsible for security at the site.
                                                      Once the validation checklist is completed, the information contained in the checklist shall be handled as classified information.
                                                      The signed declaration shall be retained by the appropriate authority concerned or retained by the EU aviation security validator and made available on request to the appropriate authority concerned;

                                                      (c)

                                                      an examination of the site of the applicant by the relevant customs authority in accordance with Article 14n of Regulation (EEC) No 2454/93 shall be considered as an on-site verification if it took place not earlier than 3 years before the date on which the applicant seeks approval as a known consignor. In those cases, the applicant shall complete the information required in Part One of the “Validation checklist for known consignors” as contained in Attachment 6-C and send it to the appropriate authority jointly with the declaration of commitments which shall be signed by the applicant's legal representative or by the person responsible for security at the site.
                                                      The AEO certificate and the relevant assessment of the customs authorities shall be made available by the applicant for further inspection.
                                                      The signed declaration shall be retained by the appropriate authority concerned or retained by the EU aviation security validator and made available on request to the appropriate authority concerned;

                                                      (d)

                                                      if the appropriate authority is satisfied with the information provided under points (a) and (b) or (a) and (c), as applicable, it shall ensure that the necessary details of the consignor are entered into the “Union database on supply chain security” not later than the next working day. When making the database entry the appropriate authority shall give each approved site a unique alphanumeric identifier in the standard format.
                                                      If the appropriate authority is not satisfied with the information provided under points (a) and (b) or (a) and (c), as applicable, then the reasons shall promptly be notified to the entity seeking approval as a known consignor;

                                                      (e)

                                                      a known consignor shall not be considered as approved until its details are listed in the “Union database on supply chain security”.’;

                              (i)

                              in point 6.4.1.4, the following paragraph is added:
                              ‘An examination of the site of the known consignor by the relevant customs authority in accordance with Article 14n of Regulation (EEC) No 2454/93 shall be considered as an on-site verification.’;

                              (j)

                              point 6.4.1.5 is replaced by the following:

                                          ‘6.4.1.5

                                          If the appropriate authority is no longer satisfied that the known consignor complies with the requirements of Regulation (EC) No 300/2008 and its implementing acts, it shall withdraw the status of known consignor for the specified site(s).
                                          If the entity is no longer a holder of an AEO certificate referred to in point (b) or (c) of Article 14a(1) of Regulation (EEC) No 2454/93 or if this AEO certificate is suspended due to non-compliance with article 14k of that Regulation, the appropriate authority shall undertake appropriate action to satisfy itself that the known consignor complies with the requirements of Regulation (EC) No 300/2008.
                                          The entity shall inform the appropriate authority of any changes related to its AEO certificate referred to in point (b) or (c) of Article 14a(1) of Regulation (EEC) No 2454/93.
                                          Immediately after withdrawal, and in all cases within 24 hours, the appropriate authority shall ensure that the former known consignor's change of status is indicated in the “Union database on supply chain security”.’;

                              (k)

                              the following point 6.4.1.7 is added:

                                          ‘6.4.1.7.

                                          The appropriate authority shall make available to the customs authority any information related to the status of a known consignor which could be relevant in respect of holding an AEO certificate as referred to in point (b) or (c) of Article 14a(1) of Regulation (EEC) No 2454/93. This includes information related to new approvals of known consignors, withdrawal of the known consignor status, revalidation and inspections, verification schedules and outcomes of these assessments.
                                          By 1 March 2015 at the latest, the modalities for this exchange of information shall be established between the appropriate authority and the national customs authorities.’;

                              (l)

                              point 6.6.1.1 (c) is replaced by the following:

                                          ‘(c)

                                          the haulier declaration as contained in Attachment 6-E shall be agreed by the haulier who has entered into the transport agreement with the regulated agent, known consignor or account consignor, unless the haulier is itself approved as a regulated agent.
                                          The signed declaration shall be retained by the regulated agent, known consignor or account consignor on whose behalf the transport is carried out. On request, a copy of the signed declaration shall also be made available to the regulated agent or air carrier receiving the consignment or to the appropriate authority concerned; or’;

                              (m)

                              point 6.8.2.3 is replaced by the following:

                                          ‘6.8.2.3

                                          The appropriate authority may designate an air carrier as ACC3 for a limited period, ending on 30 June 2016 at the latest, in the case where an EU aviation security validation could not take place for objective reasons which are beyond the responsibility of the air carrier. Where such a designation is granted for a period of more than six months, the appropriate authority shall have verified that the air carrier applies an internal security quality assurance programme that is equivalent to EU aviation security validation.’;

                              (n)

                              point 6.8.3.1 (c) is replaced by the following:

                                          ‘(c)

                                          the required security controls have been applied to the consignment by an account consignor under the responsibility of the ACC3 or of an EU aviation security validated regulated agent, the consignment has been protected from unauthorised interference from the time that those security controls were applied and until loading, and it is not carried on a passenger aircraft; or’;

                              (o)

                              point 6.8.3.2 is replaced by the following:

                                          ‘6.8.3.2.

                                          Cargo and mail carried into the Union shall be screened by one of the means and methods listed in point 6.2.1 to a standard sufficient to reasonably ensure that it contains no prohibited articles.’;

                              (p)

                              Point 6.8.3.3 (a) is replaced by the following:

                                          ‘(a)

                                          transfer and transit cargo or mail that screening in accordance with point 6.8.3.2 or security controls have been applied by itself or by an EU aviation security validated entity at the point of origin or elsewhere in the supply chain and such consignments have been protected from unauthorised interference from the time that those security controls were applied and until loading;’;

                              (q)

                              in point 6.8.4.1, the introductory sentence is replaced by the following:

                                          ‘6.8.4.1.

                                          In order to become an EU aviation security validated regulated agent or known consignor, entities located in third countries shall be validated according to one of the following two options and be listed in the database of the ACC3(s) to which they directly deliver cargo or mail for carriage into the Union:’;

                              (r)

                              the following points 6.8.4.4 to 6.8.4.6 are added:

                                          ‘6.8.4.4.

                                          An air cargo or mail entity operating a network of different sites in third countries may obtain a single designation as EU aviation security validated regulated agent covering all sites of the network, provided that:

                                                      (a)

                                                      the relevant aviation security operations of the network, including transport services between sites, are covered by a single security programme or by standardised security programmes; and

                                                      (b)

                                                      the implementation of the security programme(s) shall be subject to a single internal security quality assurance programme that is equivalent to EU aviation security validation; and

                                                      (c)

                                                      before designation of the network as EU aviation security regulated agent, the following sites of the entity have been subjected to an EU aviation security validation:

                                                                  (i)

                                                                  the site(s) from which cargo or mail is directly delivered to an ACC3, and

                                                                  (ii)

                                                                  at least two or 20 % of the sites of the network, whichever is the higher, from which cargo or mail is fed to site(s) mentioned in point (i), and

                                                                  (iii)

                                                                  all sites located in third countries listed in Attachment 6-I of the Annex to Commission Decision C(2010) 774.

                                                In order to maintain EU aviation security validated regulated agent designation for all sites of the network not yet validated until 30 June 2018 at the latest, during every year after the year of designation, at least a further two or 20 %, whichever is the higher, of the sites from which cargo or mail is fed to the site(s) mentioned in point (c)(i) shall be subjected to an EU aviation security validation, until all sites are validated.
                                          An EU aviation security validator shall establish the roadmap listing the order of the locations to be validated each year selected on a random basis. The roadmap shall be established independently from the entity operating the network and may not be changed by that entity. This roadmap shall constitute an integral part of the validation report on the basis of which the network is designated as a third country EU validated regulated agent.
                                          Once it has been subjected to an EU aviation security validation, a site of the network shall be considered as an EU aviation security validated regulated agent in accordance with point 6.8.4.2 (a).

                                          6.8.4.5.

                                          If the EU aviation security validation of a site of the network referred to in point 6.8.4.4 (c) ii. concludes that the site has failed to comply with the objectives referred to in the checklist in Attachment 6-C2, cargo and mail from that site shall be screened at a site validated in accordance with 6.8.4.2 (a) until an EU aviation security validation confirms compliance with the objectives of the checklist.

                                          6.8.4.6.

                                          Points 6.8.4.4 to 6.8.4.6 expire on 30 June 2018.’

                  (6)

                  Attachment 6-B is amended as follows:

                              (a)

                              the following paragraph is inserted before the section ‘Introduction’:
                              ‘If you are a holder of an AEO certificate referred to in point (b) or (c) of Article 14a(1) of Regulation (EEC) No 2454/93 (so called AEOF and AEOS certificates) and if the site for which you are requesting the known consignor status has been successfully examined by customs authorities at a date not earlier than 3 years before the date of requesting the known consignor status, you are required to fill out and have signed by a legal representative of your company Part 1, concerning the organisation and responsibilities, as well as the declaration of commitments of the “Validation checklist for known consignors” as contained in attachment 6-C.’;

                              (b)

                              the section ‘Organisation and responsibilities’ is replaced by the following:

                                 ‘Organisation and responsibilities

                              You will be required to provide details about your organisation (name, VAT or Chamber of Commerce number or Corporate registration number if applicable, AEO certificate number and the date of the last examination of this site by customs authorities, if applicable), address of the site to be validated and main address of organisation (if different from the site to be validated). The date of the previous validation visit and last unique alphanumeric identifier (if applicable) are required, as well as of the nature of the business, the approximate number of employees on site, name and title of the person responsible for air cargo/air mail security and contact details.’;

                  (7)

                  in Attachment 6-C, Part 1 is replaced by the following:
                  ‘Part 1: Organisation and responsibilities

                                          1.1

                                          Date of validation (*)

                              dd/mm/yyyy

                                          1.2

                                          Date of previous validation and Unique Identifier where applicable

                              dd/mm/yyyy

                              UNI

                                          1.3

                                          Name of organisation to be validated (*)

                              Name
                              VAT/Chamber of Commerce number/Corporate registration number (if applicable)

                                          1.4

                                          Information on AEOF or AEOS certificate, where applicable

                              AEO certificate number

                              Date when customs authorities have last examined this site

                                          1.5

                                          Address of site to be validated (*)

                              Number/Unit/Building

                              Street

                              Town

                              Postcode

                              Country

                                          1.6

                                          Main address of organisation (if different from site to be validated, provided that it is in the same country)

                              Number/Unit/Building

                              Street

                              Town

                              Postcode

                              Country

                                          1.7

                                          Nature of Business(es) — types of cargo processed

                                          1.8

                                          Is the applicant responsible for:

                                          (a)

                                          Production

                                          (b)

                                          Packing

                                          (c)

                                          Storage

                                          (d)

                                          Dispatch

                                          (e)

                                          Other, please specify

                                          1.9

                                          Approximate number of employees on site

                                          1.10

                                          Name and title of person responsible for air cargo/air mail security (*)

                              Name

                              Job title

                                          1.11

                                          Contact telephone number

                              Tel. No

                                          1.12

                                          E-mail address (*)

                              E-mail’;

                  (8)

                  in Attachment 6-E, the seventh indent of the second paragraph is replaced by the following:

                              ‘—

                              Transport will not be subcontracted to a third party, unless the third party:

                                          (a)

                                          has a haulier agreement with the regulated agent, known consignor or account consignor responsible for the transport [same name as above]; or

                                          (b)

                                          is approved or certified by the appropriate authority; or

                                          (c)

                                          has a haulier agreement with the undersigned haulier requiring that the third party will not subcontract further and implements the security procedures contained in this declaration. The undersigned haulier retains full responsibility for the entire transport on behalf of the regulated agent, known consignor or account consignor; and’;

                  (9)

                  Attachment 6-F is replaced by the following:

                     ‘ATTACHMENT 6-F
                     CARGO AND MAIL
                     6-Fi

                        THIRD COUNTRIES, AS WELL AS OTHER COUNTRIES AND TERRITORIES TO WHICH, IN ACCORDANCE WITH ARTICLE 355 OF THE TREATY ON THE FUNCTIONING OF THE EUROPEAN UNION, TITLE VI OF THAT TREATY DOES NOT APPLY, RECOGNISED AS APPLYING SECURITY STANDARDS EQUIVALENT TO THE COMMON BASIC STANDARDS.

                     6-Fii

                        THIRD COUNTRIES, AS WELL AS OTHER COUNTRIES AND TERRITORIES TO WHICH, IN ACCORDANCE WITH ARTICLE 355 OF THE TREATY ON THE FUNCTIONING OF THE EUROPEAN UNION, TITLE VI OF THAT TREATY DOES NOT APPLY, FOR WHICH ACC3 DESIGNATION IS NOT REQUIRED ARE LISTED IN A SEPARATE COMMISSION DECISION.

                     6- Fiii

                        VALIDATION ACTIVITIES OF THIRD COUNTRIES, AS WELL AS OTHER COUNTRIES AND TERRITORIES TO WHICH, IN ACCORDANCE WITH ARTICLE 355 OF THE TREATY ON THE FUNCTIONING OF THE EUROPEAN UNION, TITLE VI OF THAT TREATY DOES NOT APPLY, RECOGNISED AS EQUIVALENT TO EU AVIATION SECURITY VALIDATION.’;

                  (10)

                  Chapter 8 is amended as follows:

                              (a)

                              Point 8.0.4 is replaced by the following:

                                          ‘8.0.4.

                                          The list of prohibited articles in in-flight supplies is the same as the one set out in Attachment 1-A. Prohibited articles shall be handled in accordance with point 1.6.’;

                              (b)

                              Point 8.1.4 is replaced by the following as of 1 March 2015:
                              ‘8.1.4.   Designation of known suppliers

                              8.1.4.1.   Any entity (“the supplier”) that ensures the security controls as referred to in point 8.1.5 and delivers in-flight supplies, but not directly to aircraft, shall be designated as a known supplier by the operator or the entity to whom it delivers (“the designating entity”). This shall not apply to a regulated supplier.
                              8.1.4.2.   In order to be designated as a known supplier, the supplier must provide the designating entity with:

                                          (a)

                                          the “Declaration of commitments — known supplier of in-flight supplies” as contained in Attachment 8-B. This declaration shall be signed by the legal representative; and

                                          (b)

                                          the security programme covering the security controls as referred to in point 8.1.5.

                                    8.1.4.3.   All known suppliers must be designated on the basis of validations of:

                                          (a)

                                          the relevance and completeness of the security programme in respect of point 8.1.5; and

                                          (b)

                                          the implementation of the security programme without deficiencies.

                                    If the appropriate authority or the designating entity is no longer satisfied that the known supplier complies with the requirements of point 8.1.5, the designating entity shall withdraw the status of known supplier without delay.
                              8.1.4.4.   The appropriate authority shall define in its national civil aviation security programme as referred to in Article 10 of Regulation (EC) No 300/2008 if the validations of the security programme and its implementation shall be performed by a national auditor, an EU aviation security validator, or a person acting on behalf of the designating entity appointed and trained for that purpose.
                              Validations must be recorded and if not otherwise stated in this legislation, must take place before designation and repeated every 2 years thereafter.
                              If the validation is not done on behalf of the designating entity any record thereof must be made available to it.
                              8.1.4.5.   The validation of the implementation of the security programme confirming the absence of deficiencies shall consist of either:

                                          (a)

                                          an on-site visit of the supplier every 2 years; or

                                          (b)

                                          regular checks upon reception of supplies delivered by that known supplier, starting after the designation, including:

                                                      —

                                                      a verification that the person delivering supplies on behalf of the known supplier was properly trained; and

                                                      —

                                                      a verification that the supplies are properly secured; and

                                                      —

                                                      screening of the supplies in the same way as supplies coming from an unknown supplier.

                                                These checks must be carried out in an unpredictable manner and take place at least either, once every three months or on 20 % of the known supplier's deliveries to the designating entity.

                                    Option b) may only be used if the appropriate authority defined in its national civil aviation security programme that the validation shall be performed by a person acting on behalf of the designating entity.
                              8.1.4.6.   The methods applied and procedures to be followed during and after designation shall be laid down in the security programme of the designating entity.
                              8.1.4.7.   The designating entity shall keep:

                                          (a)

                                          a list of all known suppliers it has designated indicating the expiry date of their designation, and

                                          (b)

                                          the signed declaration, a copy of the security programme, and any reports recording its implementation for each known supplier, at least until 6 months after the expiry of its designation.

                                    Upon request, these documents shall be made available to the appropriate authority for compliance monitoring purposes.’;

                  (11)

                  Chapter 9 is amended as follows:

                              (a)

                              Point 9.0.4 is replaced by the following:

                                          ‘9.0.4.

                                          The list of prohibited articles in airport supplies is the same as the one set out in Attachment 1-A. Prohibited articles shall be handled in accordance with point 1.6.’;

                              (b)

                              Point 9.1.3 is replaced by the following as of 1 March 2015:
                              ‘9.1.3.   Designation of known suppliers

                              9.1.3.1.   Any entity (“the supplier”) that ensures the security controls as referred to in point 9.1.4 and delivers airport supplies shall be designated as a known supplier by the airport operator.
                              9.1.3.2.   In order to be designated as a known supplier, the supplier must provide the airport operator with:

                                          (a)

                                          the “Declaration of commitments — known supplier of airport supplies” as contained in Attachment 9-A. This declaration shall be signed by the legal representative; and

                                          (b)

                                          the security programme covering the security controls as referred to in point 9.1.4.

                                    9.1.3.3.   All known suppliers must be designated on the basis of validations of:

                                          (a)

                                          the relevance and completeness of the security programme in respect of point 9.1.4; and

                                          (b)

                                          the implementation of the security programme without deficiencies.

                                    If the appropriate authority or the airport operator is no longer satisfied that the known supplier complies with the requirements of point 9.1.4, the airport operator shall withdraw the status of known supplier without delay.
                              9.1.3.4.   The appropriate authority shall define in its national civil aviation security programme as referred to in Article 10 of Regulation (EC) No 300/2008 if the validations of the security programme and its implementation shall be performed by a national auditor, an EU aviation security validator, or a person acting on behalf of the airport operator appointed and trained for that purpose.
                              Validations must be recorded and if not otherwise stated in this legislation, must take place before designation and repeated every 2 years thereafter.
                              If the validation is not done on behalf of the airport operator any record thereof must be made available to it.
                              9.1.3.5.   The validation of the implementation of the security programme confirming the absence of deficiencies shall consist of either:

                                          (a)

                                          an on-site visit of the supplier every 2 years; or

                                          (b)

                                          regular checks upon access to the security restricted area of supplies delivered by that known supplier, starting after the designation, including:

                                                      —

                                                      a verification that the person delivering supplies on behalf of the known supplier was properly trained; and

                                                      —

                                                      a verification that the supplies are properly secured; and

                                                      —

                                                      screening of the supplies in the same way as supplies coming from an unknown supplier.

                                                These checks must be carried out in an unpredictable manner and take place at least either, once every three months or on 20 % of the known supplier's deliveries to the airport operator.

                                    Option b) may only be used if the appropriate authority defined in its national civil aviation security programme that the validation shall be performed by a person acting on behalf of the airport operator.
                              9.1.3.6.   The methods applied and procedures to be followed during and after designation shall be laid down in the security programme of the airport operator.
                              9.1.3.7.   The airport operator shall keep:

                                          (a)

                                          a list of all known suppliers it has designated indicating the expiry date of their designation, and

                                          (b)

                                          the signed declaration, a copy of the security programme, and any reports recording its implementation for each known supplier, at least until 6 months after the expiry of its designation.

                                    Upon request, these documents shall be made available to the appropriate authority for compliance monitoring purposes.’;

                  (12)

                  Chapter 12 is amended as follows:

                              (a)

                              Point 12.4.2 ‘Standards for EDS’ is replaced by the following:
                              ‘12.4.2.   Standards for EDS

                              12.4.2.1.   All EDS installed before 1 September 2014 shall at least meet standard 2.
                              12.4.2.2.   Standard 2 shall expire on 1 September 2020.
                              12.4.2.3.   The appropriate authority may permit standard 2 EDS installed between 1 January 2011 and 1 September 2014 to continue to be used until 1 September 2022 at the latest.
                              12.4.2.4.   The appropriate authority shall inform the Commission when it grants permission to permit standard 2 EDS to continue to be used as of 1 September 2020.
                              12.4.2.5.   All EDS installed as from 1 September 2014 shall meet standard 3.
                              12.4.2.6.   All EDS shall meet standard 3 as from 1 September 2020 at the latest, unless point 12.4.2.3 applies.’;

                              (b)

                              The list of attachments after point 12.11 is replaced by the following:

                                 ‘ATTACHMENT 12-A
                                 Detailed provisions for performance requirements for WTMD are laid down in a separate Commission Decision

                                    ATTACHMENT 12-B

                                 Detailed provisions for performance requirements for EDS are laid down in a separate Commission Decision.

                                    ATTACHMENT 12-C

                                 Detailed provisions for performance requirements for equipment for the screening of liquids, aerosols and gels (LAGS) are laid down in a separate Commission Decision.

                                    ATTACHMENT 12-D

                                 Detailed provisions for performance requirements for an EDD are laid down in a separate Commission Decision.

                                    ATTACHMENT 12-E

                                 Detailed provisions for approval procedures of an EDD are laid down in a separate Commission Decision.

                                    ATTACHMENT 12-F

                                 Detailed provisions for approval test areas and test conditions for an EDD are laid down in a separate Commission Decision.

                                    ATTACHMENT 12-G

                                 Detailed provisions for quality control requirements for an EDD are laid down in a separate Commission Decision.

                                    ATTACHMENT 12-H

                                 Detailed provisions for “Free Running EDD — Standards for deployment methodology” are laid down in a separate Commission Decision.

                                    ATTACHMENT 12-I

                                 Detailed provisions for “Remote Explosive Scent Tracing EDD — Standards for deployment methodology” are laid down in a separate Commission Decision.

                                    ATTACHMENT 12-J

                                 Detailed provisions for performance requirements for MDE are laid down in a separate Commission Decision.

                                    ATTACHMENT 12-K

                                 Detailed provisions for performance requirements for security scanners are laid down in a separate Commission Decision.

                                    ATTACHMENT 12-L

                                 Detailed provisions for performance requirements for Explosive Trace Detection (ETD) are laid down in a separate Commission Decision.’


title: Commission Implementing Regulation (EU) 2016/2121 of 2 December 2016 establishing the standard import values for determining the entry price of certain fruit and vegetables

text:
               3.12.2016

               EN

               Official Journal of the European Union

               L 329/73

         COMMISSION IMPLEMENTING REGULATION (EU) 2016/2121
   of 2 December 2016
   establishing the standard import values for determining the entry price of certain fruit and vegetables
   THE EUROPEAN COMMISSION,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to Regulation (EU) No 1308/2013 of the European Parliament and of the Council of 17 December 2013 establishing a common organisation of the markets in agricultural products and repealing Council Regulations (EEC) No 922/72, (EEC) No 234/79, (EC) No 1037/2001 and (EC) No 1234/2007 (1),
   Having regard to Commission Implementing Regulation (EU) No 543/2011 of 7 June 2011 laying down detailed rules for the application of Council Regulation (EC) No 1234/2007 in respect of the fruit and vegetables and processed fruit and vegetables sectors (2), and in particular Article 136(1) thereof,
   Whereas:

               (1)

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

               (2)

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

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

      This Regulation shall be binding in its entirety and directly applicable in all Member States.
      Done at Brussels, 2 December 2016.

            For the Commission,

            On behalf of the President,

         Jerzy PLEWA

            Director-General

            Directorate-General for Agriculture and Rural Development

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

      (2)  OJ L 157, 15.6.2011, p. 1.

      ANNEX

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

                  (EUR/100 kg)

                  CN code

                  Third country code (1)

                  Standard import value

                  0702 00 00

                  CL

                  115,2

                  MA

                  94,5

                  TN

                  200,0

                  TR

                  118,4

                  ZZ

                  132,0

                  0707 00 05

                  EG

                  191,7

                  MA

                  79,2

                  TR

                  154,7

                  ZZ

                  141,9

                  0709 93 10

                  MA

                  99,5

                  TR

                  145,0

                  ZZ

                  122,3

                  0805 10 20

                  TR

                  62,2

                  ZA

                  59,7

                  ZZ

                  61,0

                  0805 20 10

                  MA

                  63,7

                  TR

                  71,7

                  ZZ

                  67,7

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

                  JM

                  114,6

                  MA

                  63,3

                  PE

                  95,4

                  TR

                  82,6

                  ZZ

                  89,0

                  0805 50 10

                  TR

                  80,5

                  ZZ

                  80,5

                  0808 10 80

                  US

                  100,7

                  ZA

                  164,3

                  ZZ

                  132,5

                  0808 30 90

                  CN

                  98,6

                  TR

                  126,8

                  ZZ

                  112,7

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


title: Commission Implementing Regulation (EU) 2015/933 of 17 June 2015 laying down the allocation coefficient to be applied to the quantities covered by the applications for import licences lodged from 5 to 12 June 2015 under the tariff quotas opened by Implementing Regulation (EU) No 416/2014 for certain cereals originating in Ukraine

text:
               18.6.2015

               EN

               Official Journal of the European Union

               L 151/22

         COMMISSION IMPLEMENTING REGULATION (EU) 2015/933
   of 17 June 2015
   laying down the allocation coefficient to be applied to the quantities covered by the applications for import licences lodged from 5 to 12 June 2015 under the tariff quotas opened by Implementing Regulation (EU) No 416/2014 for certain cereals originating in Ukraine
   THE EUROPEAN COMMISSION,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to Regulation (EU) No 1308/2013 of the European Parliament and of the Council of 17 December 2013 establishing a common organisation of the markets in agricultural products and repealing Council Regulations (EEC) No 922/72, (EEC) No 234/79, (EC) No 1037/2001 and (EC) No 1234/2007 (1), and in particular Article 188(1) and (3) thereof,
   Whereas:

               (1)

               Commission Implementing Regulation (EU) No 416/2014 (2) has opened tariff quotas for the import of certain cereals originating in Ukraine.

               (2)

               Article 1(1) of Implementing Regulation (EU) No 416/2014 set, for the period from 1 January 2015 to 31 December 2015, the quantity of the quota with order number 09.4306 at 950 000 tonnes.

               (3)

               The quantities covered by the applications for import licences lodged from 5 June 2015 at 13.00 to 12 June 2015 at 13.00 (Brussels time) exceed those available for the quota with order number 09.4306. The extent to which import licences may be issued should therefore be determined by fixing the allocation coefficient to be applied to the quantities requested under the quota concerned, calculated in accordance with Article 7(2) of Commission Regulation (EC) No 1301/2006 (3).

               (4)

               No further import licences should be issued for the tariff quota with order number 09.4306 referred to in Implementing Regulation (EU) No 416/2014 for the current quota period.

               (5)

               In order to ensure the efficient management of the measure, this Regulation should enter into force on the day of its publication in the Official Journal of the European Union,

         HAS ADOPTED THIS REGULATION:
   Article 1
   1.   The quantities covered by the applications for import licences under the quota with order number 09.4306 and referred to in the Annex to Implementing Regulation (EU) No 416/2014, lodged from 5 June 2015 at 13.00 to 12 June 2015 at 13.00 (Brussels time), shall be multiplied by an allocation coefficient of 39,550366 % for applications lodged under the tariff quota with order number 09.4306.
   2.   The submission of new import licence applications under the quota with order number 09.4306 referred to in the Annex to Implementing Regulation (EU) No 416/2014, shall be suspended from 12 June 2015 at 13.00 (Brussels time) for the current quota period.
   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, 17 June 2015.

            For the Commission,

            On behalf of the President,

         Jerzy PLEWA

            Director-General for Agriculture and Rural Development

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

      (2)  Commission Implementing Regulation (EU) No 416/2014 of 23 April 2014 opening and providing for the administration of import tariff quotas for certain cereals originating in Ukraine (OJ L 121, 24.4.2014, p. 53).

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


title: Commission Implementing Regulation (EU) 2016/1321 of 26 July 2016 concerning the classification of certain goods in the Combined Nomenclature

text:
                  3.8.2016

                  EN

                  Official Journal of the European Union

                  L 209/4

            COMMISSION IMPLEMENTING REGULATION (EU) 2016/1321
      of 26 July 2016
      concerning the classification of certain goods in the Combined Nomenclature
      THE EUROPEAN COMMISSION,
      Having regard to the Treaty on the Functioning of the European Union,
      Having regard to Regulation (EU) No 952/2013 of the European Parliament and of the Council of 9 October 2013 laying down the Union Customs Code (1), and in particular Articles 57(4) and 58(2) thereof,
      Whereas:

                  (1)

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

                  (2)

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

                  (3)

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

                  (4)

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

                  (5)

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

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

         This Regulation shall be binding in its entirety and directly applicable in all Member States.
         Done at Brussels, 26 July 2016.

               For the Commission,

               On behalf of the President,

            Stephen QUEST

               Director-General for Taxation and Customs Union

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

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

         ANNEX

                     Description of the goods

                     Classification
                     (CN-code)

                     Reasons

                     (1)

                     (2)

                     (3)

                     An article (so-called ‘hammock with frame’), with dimensions of approximately 230 × 140 × 205 cm. It consists of a triangular stand to be placed on the ground, made of metal (steel) bars, in which a reclining surface serving as a lying area is hung. The reclining surface measures 100 × 190 cm (W × L) and contains slightly curved rods on the long sides and straight rods on the narrow sides, which are fitted with a fabric covering. The article is equipped with a ‘roof’ of textile material and mosquito nets.
                     The article weighs 45 kg and can cater for persons weighing up to 180 kg. It is made of weather resistant material, which signifies that the article is suitable for outdoor use.

                         (*) See an image.

                     9403 20 80

                     Classification is determined by general rules 1, 3(b) and 6 for the interpretation of the Combined Nomenclature, note 2 to Chapter 94, and by the wording of CN codes 9403 , 9403 20  and 9403 20 80 .
                     Given its characteristics, namely its weight and inability to be easily disassembled, the article cannot be easily transported to be used when going camping. Consequently, classification as camping goods under heading 6306  is excluded.
                     The article is ‘movable’ and given its objective characteristics it is constructed for placing on the floor or ground. It is used, mainly with a utilitarian purpose, to equip outdoor areas such as gardens of private dwellings, hotels, restaurants etc. (see also the Harmonized System Explanatory Notes to Chapter 94, General, (A)). Consequently, the article is considered to be ‘furniture’ made of different materials and is to be classified under heading 9403  according to the material of which the support (frame) is made and which gives the article its essential character.
                     The article is therefore to be classified under CN code 9403 20 80 , as other metal furniture.

            (*)  The image is purely for information.


title: Commission Implementing Regulation (EU) 2017/678 of 10 April 2017 making imports of bicycles consigned from Sri Lanka, whether declared as originating in Sri Lanka or not, in so far as it concerns the Sri Lankan company City Cycle Industries, subject to registration

text:
               11.4.2017

               EN

               Official Journal of the European Union

               L 98/7

         COMMISSION IMPLEMENTING REGULATION (EU) 2017/678
   of 10 April 2017
   making imports of bicycles consigned from Sri Lanka, whether declared as originating in Sri Lanka or not, in so far as it concerns the Sri Lankan company City Cycle Industries, subject to registration
   THE EUROPEAN COMMISSION,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to Regulation (EU) 2016/1036 of the European Parliament and of the Council of 8 June 2016 on protection against dumped imports from countries not members of the European Union (1) (‘basic Regulation’), and in particular Articles 10(4) and 14(5) thereof,
   After having informed the Member States,
   Whereas:
   A.   PRODUCT CONCERNED

               (1)

               The product concerned by this registration is bicycles and other cycles (including delivery tricycles, but excluding unicycles), not motorised, falling within CN codes ex 8712 00 30 and ex 8712 00 70 and consigned from Sri Lanka, whether declared as originating in Sri Lanka or not, in so far as it concerns the Sri Lankan company City Cycle Industries.

         B.   THE COURT JUDGEMENT

               (2)

               In its judgment of 19 March 2015 in Case T-413/13 City Cycle Industries v Council
                   (2), the General Court of the European Union (‘the General Court’) annulled Council Implementing Regulation (EU) No 501/2013 of 29 May 2013 extending the definitive anti-dumping duty imposed by Implementing Regulation (EU) No 990/2011 on imports of bicycles originating in the People's Republic of China to imports of bicycles consigned from Indonesia, Malaysia, Sri Lanka and Tunisia, whether declared as originating in Indonesia, Malaysia, Sri Lanka and Tunisia or not (3) (‘contested Regulation’), to the extent that it applies to the Sri Lankan company City Cycle Industries.

               (3)

               By its judgment of 26 January 2017, the European Court of Justice (‘ECJ’) dismissed the appeals submitted against that judgment by the Union industry (C-248/15 P), the European Commission (C-254/15 P) and the Council of the European Union (C-260/15 P).

               (4)

               In particular, the Court of Justice found, in paragraph 73 of its judgment, that recital 78 of the contested Regulation did not contain any individual analysis of circumvention practices in which City Cycle Industries may have been engaged. The Court of Justice, in paragraphs 75 and 76, also found that the conclusion as to the existence of transhipment operations in Sri Lanka could not legally be based only on the two findings expressly made by the Council, that is, first, that there had been a change in the pattern of trade and, second, that some of the producer-exporters had failed to cooperate.

               (5)

               As a consequence of that judgment, imports into the European Union of bicycles are no longer subject to the anti-dumping measures by the contested Regulation in so far as in concerns City Cycles Industries.

               (6)

               Following the ECJ judgment, the Commission decided to partially reopen the anti-circumvention investigation concerning imports of bicycles consigned from Sri Lanka, whether declared as originating in Sri Lanka or not, that led to the adoption of the contested Regulation and to resume it at the point at which the irregularity occurred. The reopening is limited in scope to the implementation of the judgment of the ECJ with regard to City Cycle Industries.

         C.   REQUEST

               (7)

               Following the ECJ judgment, the European Bicycle Manufacturers Association and Maxcom Ltd (‘the applicants’) requested that imports of the product concerned in so far as it concerns City Cycle Industries are made subject to registration pursuant to Article 14(5) of the basic Regulation so that measures may subsequently be applied against those imports from the date of such registration.

         D.   GROUNDS FOR THE REGISTRATION

               (8)

               The applicants submitted that there is a real, immediate danger that City Cycle Industries' export to the Union will resume in significant quantities as City Cycle Industries was able in the past to quickly set up assembly circumvention practices for bicycles on a large scale in Sri Lanka and that the Sri Lankan company had a major customer in the Union for the circumventing bicycles. In addition, because of the low investment required for assembly operations, and the fact that the Sri Lankan company already has the necessary know-how and experience with this type of activities, the applicants submitted that it is likely that City Cycle Industries will go back very quickly to a similar high level of circumventing exports from Sri Lanka.

               (9)

               According to Article 14(5) of the basic Regulation, the Commission may direct the customs authorities to take the appropriate steps to register imports, so that measures may subsequently be applied against those imports from the date of such registration. Imports may be made subject to registration following a request from the Union industry which contains sufficient evidence to justify such action.

               (10)

               The request contains sufficient evidence to justify registration.

               (11)

               The ECJ judgment is limited to the individual analysis of circumvention practices in which City Cycle Industries may have been engaged. It is recalled that findings reached in the contested Regulation which were not contested within the time limits for a challenge or which were contested but rejected by the General Court's judgment or not examined by the General Court and therefore did not lead to the annulment of the contested Regulation, remain valid.

               (12)

               In view of the above, it is considered that the remedial effect of the anti-circumvention measure is likely to be seriously undermined, unless it is applied retroactively. Accordingly, the conditions for registration in this case are met.

         E.   PROCEDURE

               (13)

               In view of the above, the Commission has concluded that the applicants' request contains sufficient evidence to make imports of the product concerned subject to registration, in accordance with Article 14(5) of the basic Regulation.

               (14)

               All interested parties are invited to make their views known in writing and to provide supporting evidence. Furthermore, the Commission may hear interested parties, provided that they make a request in writing and show that there are particular reasons why they should be heard.

         F.   REGISTRATION

               (15)

               Pursuant to Article 14(5) of the basic Regulation, imports of the product concerned should be made subject to registration in order to ensure that, should the reopened investigation result in findings leading to the re-imposition of anti-dumping duties, those duties can, if the necessary conditions are fulfilled, be levied retroactively in accordance with applicable legal provisions. Any future liability would emanate from the findings of the reopened anti-dumping investigation.

         G.   PROCESSING OF PERSONAL DATA

               (16)

               Any personal data collected in this investigation will be treated in accordance with Regulation (EC) No 45/2001 of the European Parliament and of the Council (4),

         HAS ADOPTED THIS REGULATION:
   Article 1
   1.   The customs authorities are hereby directed, pursuant to Article 14(5) of Regulation (EU) 2016/1036, to take the appropriate steps to register the imports into the European Union of bicycles and other cycles (including delivery tricycles, but excluding unicycles), not motorised, falling within CN codes ex 8712 00 30 and ex 8712 00 70 (TARIC codes 8712003010, 8712007091) consigned from Sri Lanka, whether declared as originating in Sri Lanka or not in so far as it concerns City Cycle Industries (TARIC additional code B131). Registration shall expire nine months following the date of entry into force of this Regulation.
   2.   All interested parties are invited to make their views known in writing, to provide supporting evidence or to request to be heard within 20 days from the date of publication of this Regulation.
   Article 2
   This Regulation shall enter into force on the day following its publication in the Official Journal of the European Union.

      This Regulation shall be binding in its entirety and directly applicable in all Member States.
      Done at Brussels, 10 April 2017.

            For the Commission

            The President

         Jean-Claude JUNCKER

      (1)  OJ L 176, 30.6.2016, p. 21.

      (2)  OJ C 274, 21.9.2013.

      (3)  Council Implementing Regulation (EU) No 501/2013 of 29 May 2013 extending the definitive anti-dumping duty imposed by Implementing Regulation (EU) No 990/2011 on imports of bicycles originating in the People's Republic of China to imports of bicycles consigned from Indonesia, Malaysia, Sri Lanka and Tunisia, whether declared as originating in Indonesia, Malaysia, Sri Lanka and Tunisia or not (OJ L 153, 5.6.2013, p. 1).

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


title: Commission Implementing Regulation (EU) 2016/2076 of 25 November 2016 establishing the standard import values for determining the entry price of certain fruit and vegetables

text:
               26.11.2016

               EN

               Official Journal of the European Union

               L 320/34

         COMMISSION IMPLEMENTING REGULATION (EU) 2016/2076
   of 25 November 2016
   establishing the standard import values for determining the entry price of certain fruit and vegetables
   THE EUROPEAN COMMISSION,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to Regulation (EU) No 1308/2013 of the European Parliament and of the Council of 17 December 2013 establishing a common organisation of the markets in agricultural products and repealing Council Regulations (EEC) No 922/72, (EEC) No 234/79, (EC) No 1037/2001 and (EC) No 1234/2007 (1),
   Having regard to Commission Implementing Regulation (EU) No 543/2011 of 7 June 2011 laying down detailed rules for the application of Council Regulation (EC) No 1234/2007 in respect of the fruit and vegetables and processed fruit and vegetables sectors (2), and in particular Article 136(1) thereof,
   Whereas:

               (1)

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

               (2)

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

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

      This Regulation shall be binding in its entirety and directly applicable in all Member States.
      Done at Brussels, 25 November 2016.

            For the Commission,

            On behalf of the President,

         Jerzy PLEWA

            Director-General

            Directorate-General for Agriculture and Rural Development

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

      (2)  OJ L 157, 15.6.2011, p. 1.

      ANNEX

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

                  (EUR/100 kg)

                  CN code

                  Third country code (1)

                  Standard import value

                  0702 00 00

                  MA

                  90,0

                  TR

                  80,7

                  ZZ

                  85,4

                  0707 00 05

                  MA

                  69,4

                  TR

                  158,6

                  ZZ

                  114,0

                  0709 93 10

                  MA

                  100,9

                  TR

                  141,9

                  ZZ

                  121,4

                  0805 20 10

                  MA

                  71,7

                  ZA

                  138,5

                  ZZ

                  105,1

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

                  JM

                  110,2

                  TR

                  80,3

                  ZZ

                  95,3

                  0805 50 10

                  AR

                  64,7

                  CL

                  90,0

                  TR

                  78,5

                  ZZ

                  77,7

                  0808 10 80

                  CL

                  185,9

                  NZ

                  177,5

                  ZA

                  186,7

                  ZZ

                  183,4

                  0808 30 90

                  CN

                  106,4

                  TR

                  126,8

                  ZZ

                  116,6

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