title: Commission Implementing Regulation (EU) 2015/1349 of 3 August 2015 amending Annex I to Regulation (EC) No 798/2008 as regards the entry for South Africa in the list of third countries, territories, zones or compartments from which certain poultry commodities may be imported into or transit through the Union in relation to highly pathogenic avian influenza (Text with EEA relevance)

text:
               5.8.2015

               EN

               Official Journal of the European Union

               L 208/7

         COMMISSION IMPLEMENTING REGULATION (EU) 2015/1349
   of 3 August 2015
   amending Annex I to Regulation (EC) No 798/2008 as regards the entry for South Africa in the list of third countries, territories, zones or compartments from which certain poultry commodities may be imported into or transit through the Union in relation to highly pathogenic avian influenza
   (Text with EEA relevance)
   THE EUROPEAN COMMISSION,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to Council Directive 2002/99/EC of 16 December 2002 laying down the animal health rules governing the production, processing, distribution and introduction of products of animal origin for human consumption (1), and in particular the introductory phrase of Article 8, the first subparagraph of point 1 of Article 8, point 4 of Article 8 and Article 9(4)(c) thereof,
   Whereas:

               (1)

               Commission Regulation (EC) No 798/2008 (2) lays down veterinary certification requirements for imports into and transit, including storage during transit, through the Union of poultry and poultry products (‘the commodities’). It provides that the commodities may only be imported into and transit through the Union from the third countries, territories, zones or compartments listed in columns 1 and 3 of the table in Part 1 of Annex I thereto.

               (2)

               Regulation (EC) No 798/2008 also lays down the conditions for a third country, territory, zone or compartment to be considered as free from highly pathogenic avian influenza (HPAI).

               (3)

               South Africa is listed in Part 1 of Annex I to Regulation (EC) No 798/2008 as a third country from which imports into and transit through the Union of breeding and productive ratites, hatching eggs and day-old chicks thereof, ratite meat, eggs, egg products and SPF-eggs are authorised.

               (4)

               Following HPAI outbreaks of the subtype H5N2 on the South African territory in April 2011, imports of breeding and productive ratites, hatching eggs and day-old chicks of ratites, as well as of ratite meat were prohibited by Commission Implementing Regulation (EU) No 536/2011 (3).

               (5)

               Furthermore, Commission Implementing Regulations (EU) No 991/2011 (4) and (EU) No 110/2012 (5) were adopted in relation to the evolution of the disease situation.

               (6)

               Pending South Africa's declaration of HPAI freedom of its whole territory, imports of ratite meat produced from ratites kept on registered closed ratite holdings was authorised by Commission Implementing Regulation (EU) No 166/2014 (6) and further adapted by Commission Implementing Regulation (EU) No 952/2014 (7).

               (7)

               On 2 March 2015, South Africa has submitted information on its HPAI status and declared its whole territory as free from that disease and has requested the authorisation to resume exports of ratite meat to the Union.

               (8)

               That information has been evaluated by the Commission services. On the basis of that evaluation and the guarantees provided by South Africa, the Commission services concluded that the imports of ratite meat should again be authorised from the whole territory of South Africa.

               (9)

               Annex I to Regulation (EC) No 798/2008 should therefore be amended accordingly.

               (10)

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

         HAS ADOPTED THIS REGULATION:
   Article 1
   Part 1 of Annex I to Regulation (EC) No 798/2008 is amended in accordance with the Annex to this Regulation.
   Article 2
   This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.

      This Regulation shall be binding in its entirety and directly applicable in all Member States.
      Done at Brussels, 3 August 2015.

            For the Commission

            The President

         Jean-Claude JUNCKER

      (1)  OJ L 18, 23.1.2003, p. 11.

      (2)  Commission Regulation (EC) No 798/2008 of 8 August 2008 laying down a list of third countries, territories, zones or compartments from which poultry and poultry products may be imported into and transit through the Community and the veterinary certification requirements (OJ L 226, 23.8.2008, p. 1).

      (3)  Commission Implementing Regulation (EU) No 536/2011 of 1 June 2011 amending Annex II to Decision 2007/777/EC and Annex I to Regulation (EC) No 798/2008 as regards the entries for South Africa in the lists of third countries or parts thereof (OJ L 147, 2.6.2011, p. 1).

      (4)  Commission Implementing Regulation (EU) No 991/2011 of 5 October 2011 amending Annex II to Decision 2007/777/EC and Annex I to Regulation (EC) No 798/2008 as regards the entries for South Africa in the lists of third countries or parts thereof with respect to highly pathogenic avian influenza (OJ L 261, 6.10.2011, p. 19).

      (5)  Commission Implementing Regulation (EU) No 110/2012 of 9 February 2012 amending Annex II to Decision 2007/777/EC and Annex I to Regulation (EC) No 798/2008 as regards the entries for South Africa in the lists of third countries or parts thereof (OJ L 37, 10.2.2012, p. 50).

      (6)  Commission Implementing Regulation (EU) No 166/2014 of 17 February 2014 amending Regulation (EC) No 798/2008 as regards certification requirements for imports into the Union of meat of farmed ratites for human consumption and the entries for Israel and South Africa in the list of third countries or territories (OJ L 54, 22.2.2014, p. 2).

      (7)  Commission Implementing Regulation (EU) No 952/2014 of 4 September 2014 amending Annex I to Regulation (EC) No 798/2008 as regards the entry for Malaysia in the list of third countries, territories, zones or compartments with respect to highly pathogenic avian influenza and as regards the model veterinary certificates for the import of poultry, day-old chicks, hatching eggs, meat of poultry and farmed ratites and eggs (OJ L 273, 13.9.2014, p. 1).

      ANNEX
      In Part 1 of Annex I to Regulation (EC) No 798/2008, the entry for South Africa is replaced by the following:

                     ISO code and name of third country or territory

                     Code of third country, territory, zone or compartment

                     Description of third country, territory, zone or compartment

                     Veterinary certificate

                     Specific conditions

                     Specific conditions

                     Avian influenza surveillance status

                     Avian influenza vaccination status

                     Salmonella control status

                     Model(s)

                     Additional guarantees

                     Closing date (1)

                     Opening date (2)

                     1

                     2

                     3

                     4

                     5

                     6

                     6A

                     6B

                     7

                     8

                     9

                     ‘ZA — South Africa

                     ZA-0

                     Whole country

                     SPF

                     EP, E

                     S4’

                     BPR

                     I

                     P2

                     9.4.2011

                     A

                     DOR

                     II

                     P2

                     9.4.2011

                     HER

                     III

                     P2

                     9.4.2011

                     RAT

                     VII

                     H

                     9.4.2011

                     25.8.2015


title: Commission Implementing Regulation (EU) 2017/694 of 12 April 2017 establishing the standard import values for determining the entry price of certain fruit and vegetables

text:
               13.4.2017

               EN

               Official Journal of the European Union

               L 101/35

         COMMISSION IMPLEMENTING REGULATION (EU) 2017/694
   of 12 April 2017
   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, 12 April 2017.

            For the Commission,

            On behalf of the President,

         Jerzy PLEWA

            Director-General

            Directorate-General for Agriculture and Rural Development

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

      (2)  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

                  EG

                  288,4

                  MA

                  122,0

                  TN

                  214,0

                  TR

                  139,3

                  ZZ

                  190,9

                  0707 00 05

                  MA

                  74,1

                  TR

                  161,3

                  ZZ

                  117,7

                  0709 93 10

                  MA

                  77,8

                  TR

                  142,7

                  ZZ

                  110,3

                  0805 10 22 , 0805 10 24 , 0805 10 28

                  EG

                  47,6

                  IL

                  78,0

                  MA

                  53,7

                  TN

                  59,3

                  TR

                  72,9

                  ZZ

                  62,3

                  0805 50 10

                  AR

                  65,0

                  EG

                  76,4

                  TR

                  71,4

                  ZZ

                  70,9

                  0808 10 80

                  BR

                  103,2

                  CL

                  110,9

                  CN

                  109,3

                  NZ

                  158,2

                  TR

                  97,9

                  US

                  181,7

                  ZA

                  123,4

                  ZZ

                  126,4

                  0808 30 90

                  AR

                  142,9

                  CH

                  128,6

                  CL

                  141,3

                  CN

                  122,9

                  US

                  174,6

                  ZA

                  125,0

                  ZZ

                  139,2

         (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) 2015/48 of 14 January 2015 entering a name in the register of protected designations of origin and protected geographical indications [Vinagre de Montilla-Moriles (PDO)]

text:
               15.1.2015

               EN

               Official Journal of the European Union

               L 9/11

         COMMISSION IMPLEMENTING REGULATION (EU) 2015/48
   of 14 January 2015
   entering a name in the register of protected designations of origin and protected geographical indications [Vinagre de Montilla-Moriles (PDO)]
   THE EUROPEAN COMMISSION,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to Regulation (EU) No 1151/2012 of the European Parliament and of the Council of 21 November 2012 on quality schemes for agricultural products and foodstuffs (1), and in particular Article 52(3)(b) thereof,
   Whereas:

               (1)

               Regulation (EU) No 1151/2012 entered into force on 3 January 2013. It repealed and replaced Council Regulation (EC) No 510/2006 of 20 March 2006 on the protection of geographical indications and designations of origin for agricultural products and foodstuffs (2).

               (2)

               Pursuant to Article 6(2) of Regulation (EC) No 510/2006, Spain's application to register the name ‘Vinagre de Montilla-Moriles’ was published in the Official Journal of the European Union
                   (3).

               (3)

               Italy objected to the registration in accordance with Article 7 of Regulation (EC) No 510/2006. The Commission has examined the statement of objection and deemed it admissible within the meaning of Article 10 of Regulation (EU) No 1151/2012. The statement of objection relates to the possible threat to the existence of a product which was legally on the market for at least five years prior to the date of publication or to products covered by the Protected Geographical Indication ‘Aceto Balsamico di Modena’, to non-compliance with the labelling provisions of Directive 2000/13/EC of the European Parliament and of the Council of 20 March 2000 on the approximation of the laws of the Member States relating to the labelling, presentation and advertising of foodstuffs (4) and to non-compliance with specific provisions concerning the marketing of the categories of grapevine products established by Council Regulation (EC) No 1234/2007 (5) [replaced by 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 (6)].

               (4)

               In a letter dated 10 June 2013, the Commission asked Spain and Italy to seek agreement among themselves in accordance with Article 51(3) of Regulation (EU) No 1151/2012. Pursuant to that Article, Spain sent by letter of 10 October 2013 its report on the end of the consultation period. In a letter dated 25 October 2013, Italy reiterated its opposition to the registration, citing reasons different to those evoked originally. Since no agreement was reached between these Member States within three months, the Commission must take a decision in accordance with Article 52(3)(b) of the said Regulation.

               (5)

               As regards the possible threat to the existence of a product which was legally on the market for at least five years prior to the date of publication or to products covered by the Protected Geographical Indication ‘Aceto Balsamico di Modena’, it appears from an examination of the documents provided by the parties that that ground for opposition has not been established. Besides, Italy no longer invokes it as a reason for maintaining its opposition. Consequently that reason must be rejected.

               (6)

               As regards non-compliance with the provisions of Article 2 of Directive 2000/13/EC, the statement of opposition mentions that the specific labelling provisions concerning types of vinegar (añada, crianza, reserva, gran reserva, ‘Vinagre al Pedro Ximénez’ and ‘Vinagre al moscatel’) are ambiguous indications that may mislead the consumer, in particular as to the characteristics of the foodstuff. It appears from an examination of the documents provided by the parties that that ground for opposition has not been established. Besides, Italy no longer invokes it as a reason for maintaining its opposition. Consequently that reason must be rejected.

               (7)

               As regards non-compliance with specific provisions concerning the marketing of the categories of grapevine products established by Regulation (EC) No 1234/2007, Italy argues that ‘Vinagre de Montilla-Moriles’ cannot be eligible for the name ‘wine vinegar’ set out in Annex XIb, point 17 of Regulation (EC) No 1234/2007 (now Annex VII, part II, point 17 of Regulation (EU) No 1308/2013). Spain has changed the description of the product in the specification and in point 3.2 of the Single Document by distinguishing between ‘wine vinegar’ and vinegar made from ‘wine vinegar’. Consequently the use of the name 'wine vinegar' for the corresponding distinct product appears to comply with Annex VII, part II, point 17 of Regulation (EU) No 1308/2013. In accordance with Article 51(4) of Regulation (EU) No 1151/2012, this non-substantive amendment does not require a new examination of the application by the Commission.

               (8)

               As regards its decision to maintain its opposition, Italy claims that the registration application is contrary to Article 3(4) of Commission Regulation (EC) No 1898/2006 (7), as it covers two fundamentally different products that are not of the same type and that the name is not used to designate the two products, in particular the vinegar. It should be noted, firstly, that the said article [now Article 5 of Commission Implementing Regulation (EU) No 668/2014 (8)] does not preclude the registration of distinct products of the same type and, secondly, that Italy does not provide any evidence in support of its claims concerning the use of the name. Consequently that reason must be rejected.

               (9)

               In the light of the above, the name ‘Vinagre de Montilla-Moriles’ should be entered in the register of protected designations of origin and protected geographical indications and the Single Document should be updated accordingly and published.

               (10)

               The measures provided for in this Regulation are in accordance with the opinion of the Committee for agricultural product quality policy,

         HAS ADOPTED THIS REGULATION:
   Article 1
   The name ‘Vinagre de Montilla-Moriles’ (PDO) is hereby entered in the register.
   The name referred to in the first paragraph identifies a product in Class 1.8. Other products of Annex I to the Treaty (spices, etc.) in Annex XI to Implementing Regulation (EU) No 668/2014.
   Article 2
   The updated Single Document is contained in the Annex to 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, 14 January 2015.

            For the Commission

            The President

         Jean-Claude JUNCKER

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

      (2)  OJ L 93, 31.3.2006, p. 12.

      (3)  OJ C 304, 9.10.2012, p. 8.

      (4)  OJ L 109, 6.5.2000, p. 29.

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

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

      (7)  OJ L 369, 23.12.2006, p. 1.

      (8)  OJ L 179, 19.6.2014, p. 36.

      ANNEX

         SINGLE DOCUMENT

      Council Regulation (EC) No 510/2006 of 20 March 2006 on the protection of geographical indications and designations of origin for agricultural products and foodstuffs (1)

         ‘VINAGRE DE MONTILLA-MORILES’

      EC No: ES-PDO-0005-0726 — 03.11.2008

         PGI () PDO (X)

      1.   Name

      ‘Vinagre de Montilla-Moriles’
      2.   Member State or third country

      Spain
      3.   Description of the agricultural product or foodstuff

      3.1.   Type of product

                  Class 1.8.

                  Other products listed in Annex I to the Treaty (spices, etc.)

            3.2.   Description of the product to which the name in (1) applies

      ‘Vinagre de Montilla-Moriles’ is wine vinegar obtained by the acetous fermentation of certified ‘Montilla-Moriles’ PDO wine or, where appropriate, vinegar from wine vinegar obtained by the acetous fermentation of certified ‘Montilla-Moriles’ PDO wine, with the addition of certified must of that wine, followed by ageing.
      The following types of ‘Vinagre de Montilla-Moriles’ are produced:

         Aged vinegars

      Vinegar covered by the PDO that has undergone a specific ageing process for a specific period and available in the following categories:
      —   ‘Añada’: subject to ‘static’ ageing (i.e. in the same cask) for three years or more.
      Vinegars aged using the dynamic ‘criaderas y solera’ system (a combination of young –‘criaderas’– vinegars and older –‘solera’– vinegars) fall into the following categories, depending on the ageing period:
      —   ‘Crianza’: aged in the wood for at least six months,
      —   ‘Reserva’: aged in the wood for at least two years,
      —   ‘Gran Reserva’: aged in the wood for at least 10 years.

         Sweet vinegars

      The following types are produced, depending on the variety of must added, in all of the above categories:
      —   ‘Vinagre al Pedro Ximénez’: to which must of raisined grapes of the Pedro Ximénez variety is added during the maturing process.
      —   ‘Vinagre al Moscatel’: to which must of grapes or raisined grapes of the muscatel variety is added during the maturing process.
      The protected vinegars have the following analytical characteristics:

                  —

                  the residual alcohol content must not exceed 3 % by volume,

                  —

                  the total acetic acid content must be at least 60 g/l,

                  —

                  the soluble dry extract must be at least 1,30 g/l and percentage point of acetic acid,

                  —

                  the ash content must be between 2 and 7 g/l, except for sweet vinegars, which must have between 3 and 14 g/l of ash,

                  —

                  the acetoin content must be at least 100 mg/l,

                  —

                  for Pedro Ximénez and muscatel sweet vinegars, the reducing sugar content must be at least 70 g/l.

            The protected vinegars have the following organoleptic characteristics:

         Aged vinegars

         Visual phase: clean and bright colour, ranging from amber to intense mahogany, almost jet.

         Olfactory phase: soft acetic acid aromas with notes of oak wood, fragrance of esters, especially of ethyl acetate, and spicy, roasted and empyreumatic notes.

         Gustative phase: soft, balanced flavour, glyceric with high persistence in the mouth.

         Sweet Pedro Ximénez vinegar

         Visual phase: syrupy, clean and bright, with colour ranging from intense mahogany to jet, with light, violet highlights.

         Olfactory phase: intense aromas of raisined grapes, with a grape-stalk fragrance recalling ‘Pedro Ximénez’ sweet wine, which balance the acetic-acid, ethyl-acetate and oak-wood aromas.

         Gustative phase: well-balanced, bitter-sweet flavour, with high persistence in the mouth.

         Muscatel sweet vinegar

         Visual phase: syrupy, clean and bright, with mahogany colours of varying intensity.

         Olfactory phase: intense aromas of muscatel grapes, which balance the acetic-acid, ethyl-acetate and oak-wood aromas.

         Gustative phase: very well-balanced, bitter-sweet flavour, with high persistence in the mouth. Aromas of the variety that gives these vinegars their name are reinforced retronasally.
      3.3.   Raw materials (for processed products only)

      ‘Vinagre de Montilla-Moriles’ vinegars are obtained exclusively from certified ‘Montilla-Moriles’ PDO wines, with or without the addition of grape must with fermentation arrested by the addition of alcohol. The must has to be from grapes or raisined grapes, as the case may be, of the Pedro Ximénez and muscatel varieties certified as ‘Montilla-Moriles’ PDO.
      3.4.   Feed (for products of animal origin only)

      —
      3.5.   Specific steps in production that must take place in the identified geographical area

      The production of the wine and the must and the acetification and maturing of the vinegar are carried out in the defined geographical area.
      Acetification involves the transformation of the alcoholic content of the wine into acetic acid through the action of acetic acid bacteria. Two methods are used to produce ‘Vinagre de Montilla-Moriles’:

                  1.

                  in ‘Bodegas de Elaboración de Vinagre’ (vinegar-production cellars) using industrial production methods or submerged fermentation;

                  2.

                  in ‘Bodegas de envejecimiento y crianza de vinagre’ (vinegar-ageing and maturing cellars) using the traditional method or surface fermentation.

            3.6.   Specific rules concerning slicing, grating, packaging, etc.

      The bottling of vinegars covered by the ‘Vinagre de Montilla-Moriles’ PDO must take place exclusively in cellars entered in the register held by the Regulatory Board or included in the corresponding list of packers of protected products or, failing this, in installations that have been authorised by the Regulatory Board. Vinegar may be placed into circulation and sold solely by registered producers in containers made of glass or other materials that do not affect its quality or reputation.
      The vinegar may be made available to the final consumer only in glass or ceramic packaging or packaging made of other inert materials for food use that do not modify the physico-chemical and organoleptic characteristics of the product.
      3.7.   Specific rules concerning labelling

      Labels must bear the words ‘Vinagre de Montilla-Moriles’ and specify the type of vinegar concerned.
      All the packaging used to market the vinegar must have quality seals or numbered seals issued by the Regulatory Board or, where appropriate, numbered labels or secondary labels, provided that the mechanism concerned cannot be used again once broken.
      4.   Concise definition of the geographical area

      The geographical area includes the whole of the municipalities of Montilla, Moriles, Doña Mencía, Montalbán, Monturque, Puente Genil and Nueva Carteya; and part of the municipalities of Aguilar de la Frontera, Baena, Cabra, Castro del Río, Espejo, Fernán Núñez, La Rambla, Lucena, Montemayor, Córdoba and Santaella. The geographical area of the PDO is the same as the area for maturing ‘Montilla-Moriles’ PDO.
      5.   Link with the geographical area

      5.1.   Specificity of the geographical area

      1 —   The raw material
      ‘Vinagre de Montilla-Moriles’ PDO vinegars are produced exclusively from certified ‘Montilla-Moriles’ PDO wines and musts. These wines have an alcoholic content of at least 15 % vol.
      The vinegar is matured in casks of American oak, known locally as ‘botas’, which have previously been seasoned with ‘Montilla-Moriles’ PDO wines. The liqueur wines they have contained over many years have impregnated the casks with their characteristics. New casks are never used.
      2 —   Human factors
      Wine vinegar has traditionally been produced as a by-product in the ‘Montilla-Moriles’ area and aged using the same maturing systems, which requires the expertise and knowledge of the maturing of liqueur wines acquired by the area's winemakers and handed down from generation to generation.
      3 —   The cellars
      The ageing cellars are located in open areas on high ground and their orientation ensures the minimum hours of sunlight necessary and maximum humidity. This design creates a perfect microclimate at floor-level in the cellars, thanks to the combination of several elements, such as gabled roofs, walls almost 1 metre thick to provide insulation, very high ceilings supported by pillars and arches and high windows that prevent direct light falling on the oak casks.
      5.2.   Specificity of the product

      The specific character of ‘Vinagre de Montilla-Moriles’ is provided by its range of colours, between amber and intense mahogany, its aromatic complexity, combining notes of wine and wood with alcohol highlights, and high persistence in the mouth. It contains very high levels of acetoin and a significant concentration of soluble dry extract and ash.
      5.3.   Causal link between the geographical area and the quality or characteristics of the product (for PDO) or a specific quality, the reputation or other characteristic of the product (for PGI)

      The alcoholic content of 15 % vol. or more of the wine used as the raw material gives typical wine and alcohol notes.
      The traditional ageing systems, known as ‘criaderas y solera’ or ‘añada’ (vintage), create decisive differences in the aromatic complexity of the protected vinegars, which are manifested in their analytical and organoleptic properties, such as high acetoin, higher-alcohol and ester contents.
      The temperatures in the ‘Vinagre de Montilla-Moriles’ PDO cellars allow slow oxidation of the components of the vinegar. The relative humidity affects the evaporation of the different components through the wood, mainly water, alcohol and acetic acid, and favours the concentration of the components of the vinegar.
      Since the casks are never new, components are transferred from the wood fairly slowly, the transfer of tannins is reduced and vanilla aromas are more subtle. In addition, because they have for years contained wines, the pores of the casks have become slightly clogged up, making oxidative ageing slower and reducing the loss of aromas.
      Tannins, quercitrin, hemicellulose and lignin pass from the wood to the vinegar, strengthening its persistence in the mouth, modifying its dry extract and its acidity and darkening its colour, producing the tones that characterise the product and imparting aromas characteristic of the wood. Various chemical compounds in the vinegar oxidise slowly, their rate of reaction depending on the porosity of the wood.
      The esterification and combination of various chemical compounds is promoted, acetoin levels are very high, especially in vinegars aged using the ‘criaderas y solera’ system and the formation of aromatic compounds is favoured, particularly ethyl acetate, the higher alcohols and their derivatives, aldehydes, esters and ethers.
      Certain components, in particular water, evaporate, which leads to a significant concentration of certain components, such as ash, amino acids, acetic acid, etc. This concentration is particularly significant in sweet vinegars and so the ash and dry-extract contents are much higher than in dry vinegars.

         Reference to publication of the specification

      [Article 5(7) of Regulation (EC) No 510/2006 (2)]
      The full specification of the name can be viewed at the following address:
      http://www.juntadeandalucia.es/agriculturaypesca/portal/export/sites/default/comun/galerias/galeriaDescargas/cap/industrias-agroalimentarias/denominacion-de-origen/Pliegos/Pliego_vinagre_Montilla.pdf
      or via the homepage of the Regional Ministry of Agriculture and Fisheries (http://www.juntadeandalucia.es/agriculturaypesca/portal), in the section ‘Industrias Agroalimentarias’/‘Denominaciones de Calidad’. The specification is located under the name of the Quality Designation under ‘Vinagres’.

         (1)  OJ L 93, 31.3.2006, p. 12. Replaced by Regulation (EU) No 1151/2012 of the European Parliament and of the Council of 21 November 2012 on quality schemes for agricultural products and foodstuffs (OJ L 343, 14.12.2012, p. 1).

         (2)  Replaced by Regulation (EU) No 1151/2012.


title: Commission Implementing Regulation (EU) No 599/2011 of 21 June 2011 on the issue of import licences for applications submitted in the first seven days of June 2011 under the tariff quota for high-quality beef administered by Regulation (EC) No 620/2009

text:
               22.6.2011

               EN

               Official Journal of the European Union

               L 162/9

         COMMISSION IMPLEMENTING REGULATION (EU) No 599/2011
   of 21 June 2011
   on the issue of import licences for applications submitted in the first seven days of June 2011 under the tariff quota for high-quality beef administered by Regulation (EC) No 620/2009
   THE EUROPEAN COMMISSION,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to Council Regulation (EC) No 1234/2007 of 22 October 2007 establishing a common organisation of agricultural markets and on specific provisions for certain agricultural products (Single CMO Regulation) (1),
   Having regard to Commission Regulation (EC) No 1301/2006 of 31 August 2006 laying down common rules for the administration of import tariff quotas for agricultural products managed by a system of import licences (2), and in particular Article 7(2) thereof,
   Whereas:

               (1)

               Commission Regulation (EC) No 620/2009 of 13 July 2009 providing for the administration of an import tariff quota for high-quality beef (3) sets out detailed rules for the submission and issue of import licences.

               (2)

               Article 7(2) of Regulation (EC) No 1301/2006 provides that in cases where quantities covered by licence applications exceed the quantities available for the quota period, allocation coefficients should be fixed for the quantities covered by each licence application. The applications for import licences submitted pursuant to Article 3 of Regulation (EC) No 620/2009 between 1 and 7 June 2011 exceed the quantities available. Therefore, the extent to which import licences may be issued and the allocation coefficient should be determined,

         HAS ADOPTED THIS REGULATION:
   Article 1
   Import licence applications covered by the quota with order number 09.4449 and submitted between 1 and 7 June 2011 in accordance with Article 3 of Regulation (EC) No 620/2009, shall be multiplied by an allocation coefficient of 1,055739 %.
   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, 21 June 2011.

            For the Commission, On behalf of the President,

         José Manuel SILVA RODRÍGUEZ

            Director-General for Agriculture and Rural Development

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

      (2)  OJ L 238, 1.9.2006, p. 13.

      (3)  OJ L 182, 15.7.2009, p. 25.


title: Council Implementing Regulation (EU) No 917/2013 of 23 September 2013 amending Implementing Regulation (EU) No 857/2010 imposing a definitive countervailing duty and collecting definitely the provisional duty imposed on imports of certain polyethylene terephthalate originating in Iran, Pakistan and the United Arab Emirates

text:
                  25.9.2013

                  EN

                  Official Journal of the European Union

                  L 253/1

         COUNCIL IMPLEMENTING REGULATION (EU) No 917/2013
         of 23 September 2013
         amending Implementing Regulation (EU) No 857/2010 imposing a definitive countervailing duty and collecting definitely the provisional duty imposed on imports of certain polyethylene terephthalate originating in Iran, Pakistan and the United Arab Emirates
         THE COUNCIL OF THE EUROPEAN UNION,
         Having regard to the Treaty on the Functioning of the European Union,
         Having regard to Council Regulation (EC) No 597/2009 of 11 June 2009 on protection against subsidised imports from countries not members of the European Community (1) (‘the basic Regulation’), and in particular Article 15(1) thereof,
         Having regard to the proposal from the European Commission after consulting the Advisory Committee,
         Whereas:
         A.   PROCEDURE

                     (1)

                     By Council Implementing Regulation (EU) No 857/2010 (2) (‘the contested Regulation’), the Council imposed definitive countervailing duties ranging from EUR 42,34 per tonne to EUR 139,70 per tonne on imports of certain polyethylene terephthalate having a viscosity number of 78 ml/g or higher, according to the ISO Standard 1628-5, originating in Iran, Pakistan and the United Arab Emirates.

                     (2)

                     On 6 December 2010, the cooperating exporting producer in Pakistan, namely Novatex Ltd (‘Novatex’ or ‘the company concerned’), lodged an application at the General Court seeking the annulment of the contested Regulation in so far as it applied to the applicant (3).

                     (3)

                     On 11 October 2012, the General Court in its judgment in Case T-556/10 (‘the General Court judgment’) found that the failure by the Commission and the Council to take account of the figure resulting from the revision of line 74 of the 2008 tax return of the company concerned, and the error resulting therefrom, affected the legality of Article 1 of the contested Regulation in so far as the definitive countervailing duty fixed by the Council exceeded the duty applicable in the absence of that error. Therefore, the General Court annulled Article 1 of the contested Regulation in so far as it concerned Novatex and in so far as the definitive countervailing duty exceeded that applicable in the absence of the error.

                     (4)

                     In Case T-2/95 (4), the General Court held that, in cases where a proceeding consists of several administrative steps, the annulment of one of those steps does not annul the complete proceeding. This anti-subsidy proceeding is an example of such a multi-step proceeding. Consequently, the annulment of a part of the contested Regulation does not imply the annulment of the entire procedure prior to the adoption of that Regulation. Moreover, according to Article 266 of the Treaty on the Functioning of the European Union, the Union institutions are obliged to comply with the General Court judgment. This also implies the possibility to remedy the aspects of the contested Regulation which led to its partial annulment, while leaving unchanged the uncontested parts which are unaffected by the General Court judgment. It should be noted that all other findings made in the contested Regulation remain valid.

                     (5)

                     Following the General Court judgment, on 17 May 2013 the Commission partially reopened the anti-subsidy investigation concerning imports of certain polyethylene terephthalate originating, inter alia, in Pakistan (‘the notice’) (5). The reopening was limited in scope to the implementation of the General Court judgment in so far as Novatex is concerned.

                     (6)

                     The Commission officially advised the exporting producers, importers, users and raw material suppliers known to be concerned, the representatives of the exporting country and the Union industry of the partial reopening of the investigation. Interested parties were given the opportunity to make their views known in writing and to request a hearing within the time-limit set out in the notice. No interested party requested to be heard.

                     (7)

                     All parties concerned were informed of the essential facts and considerations on the basis of which it was intended to recommend the imposition of an amended definitive countervailing duty on Novatex. They were granted a period within which to make representations subsequent to disclosure.

               B.   IMPLEMENTATION OF THE GENERAL COURT JUDGMENT

         1.   Preliminary remark

                     (8)

                     It is recalled that the reason for the partial annulment of the contested Regulation was that the Commission and the Council should have taken account of the fact that line 74 of the 2008 tax return of the company concerned had been revised.

               2.   Comments of interested parties

                     (9)

                     Within the applicable deadline for submitting comments, the company concerned commented that following the General Court judgment, the definitive countervailing duty for imports into the Union of certain polyethylene terephthalate originating in Pakistan should be reduced by 1,02 %. Novatex further stated that the countervailing duty applicable to Novatex should be set at 4,1 % or EUR 35,39 per tonne as from 1 June 2010 (the alleged date of entry into force of the provisional duty).

                     (10)

                     No further comments of any substance on the partial re-opening were received.

               3.   Analysis of comments

                     (11)

                     Having analysed the above comments, it is confirmed that the annulment of the contested Regulation with regard to Novatex, insofar as the definitive countervailing duty exceeded the duty applicable in the absence of the error identified by the Court, should not imply the annulment of the entire procedure prior to the adoption of that Regulation.

                     (12)

                     The recalculation of Novatex’s subsidy duty rate, taking account of the revised line 74 of the company’s tax return, indeed results in a corrected amount of EUR 35,39 per tonne.

                     (13)

                     The revised duty rate should indeed be applied retroactively, i.e. from the date of entry into force of the contested Regulation.

               4.   Conclusion

                     (14)

                     Account has been taken of the comments made, and having analysed them it is concluded that the implementation of the General Court judgment should take the form of a revision of the countervailing duty rate applicable to Novatex, which should be reduced from EUR 44,02 per tonne to EUR 35,39 per tonne. As Novatex was the sole exporting producer of the product concerned in Pakistan during the investigation period, this revised duty rate applies to all imports from Pakistan. The revised duty rate should be applied retroactively, i.e. from the date of entry into force of the contested Regulation. However, as provided for by Article 2 of that Regulation, the amounts secured by way of provisional countervailing duty pursuant to Regulation (EU) No 473/2010 (6) on imports from Pakistan can only be definitively collected at the rate of the definitive countervailing duty of EUR 35,39 per tonne, imposed pursuant to the present amendment to Article 1 of the contested Regulation. The amounts secured in excess of the rate of the definitive countervailing duty should be released. In addition, for the sake of transparency, it should be pointed out that Regulation (EU) No 473/2010 entered into force on the day following that of its publication in the Official Journal of the European Union, namely on 2 June 2010 (and not on 1 June 2010, as stated by Novatex).

                     (15)

                     Customs authorities should be instructed to proceed with the reimbursement of the amount of duties paid in excess of the amount of EUR 35,39 per tonne for the imports concerned, in compliance with the applicable customs legislation.

               C.   DISCLOSURE

                     (16)

                     Interested parties were informed of the essential facts and considerations on the basis of which it was intended to implement the General Court judgment. All interested parties were given an opportunity to comment within the 10-day period prescribed in Article 30(5) of the basic Regulation.

                     (17)

                     No comments of substance were received.

               D.   AMENDMENT OF THE MEASURES

                     (18)

                     In light of the results of the partial reopening, it is considered appropriate to amend the countervailing duty applicable to imports of certain polyethylene terephthalate having a viscosity number of 78 ml/g or higher, according to the ISO Standard 1628-5, originating in Pakistan to EUR 35,39 per tonne.

                     (19)

                     This procedure does not affect the date on which the measures imposed by the contested Regulation will expire, namely 30 September 2015,

               HAS ADOPTED THIS REGULATION:

            Article 1

               1.   The table in Article 1(2) of Implementing Regulation (EU) No 857/2010 is replaced by the following:

                              ‘Country

                              Definitive countervailing duty rate
                              (EUR/tonne)

                              Iran: all companies

                              139,70

                              Pakistan: all companies

                              35,39

                              United Arab Emirates: all companies

                              42,34 ’

               2.   The revised duty rate of EUR 35,39 per tonne for Pakistan shall be applicable as from 30 September 2010.

               3.   The amounts of duties paid or entered into the accounts pursuant to Article 1 of Implementing Regulation (EU) No 857/2010 in its initial version and the amounts of provisional duties definitively collected pursuant to Article 2 of the same Regulation in its initial version, which exceed those as established on the basis of Article 1 of this Regulation, shall be repaid or remitted. Repayment and remission shall be requested from national customs authorities in accordance with the applicable customs legislation. Unless otherwise specified, the provisions in force concerning customs duties shall apply.

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

            This Regulation shall be binding in its entirety and directly applicable in all Member States.
            Done at Brussels, 23 September 2013.

                  For the Council

                  The President

               V. JUKNA

            (1)  OJ L 188, 18.7.2009, p. 93.

            (2)  Council Implementing Regulation (EU) No 857/2010 of 27 September 2010 imposing a definitive countervailing duty and collecting definitely the provisional duty imposed on imports of certain polyethylene terephthalate originating in Iran, Pakistan and the United Arab Emirates (OJ L 254, 29.9.2010, p. 10).

            (3)  Case T-556/10 Novatex Ltd v Council of the European Union.

            (4)  Case T-2/95 Industrie des poudres sphériques (IPS) v Council [1998] ECR II-3939.

            (5)  OJ C 138, 17.5.2013, p. 32–34.

            (6)  Commission Regulation (EU) No 473/2010 of 31 May 2010 imposing a provisional countervailing duty on imports of certain polyethylene terephthalate originating in Iran, Pakistan and the United Arab Emirates (OJ L 134, 1.6.2010, p. 25-58).


title: Commission Implementing Regulation (EU) 2015/378 of 2 March 2015 laying down rules for the application of Regulation (EU) No 514/2014 of the European Parliament and of the Council with regard to the implementation of the annual clearance of accounts procedure and the implementation of the conformity clearance

text:
               7.3.2015

               EN

               Official Journal of the European Union

               L 64/30

         COMMISSION IMPLEMENTING REGULATION (EU) 2015/378
   of 2 March 2015
   laying down rules for the application of Regulation (EU) No 514/2014 of the European Parliament and of the Council with regard to the implementation of the annual clearance of accounts procedure and the implementation of the conformity clearance
   THE EUROPEAN COMMISSION,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to Regulation (EU) No 514/2014 of the European Parliament and of the Council of 16 April 2014 laying down general provisions on the Asylum, Migration and Integration Fund and on the instrument for financial support for police cooperation, preventing and combating crime, and crisis management (1), and in particular Articles 45(2) and 47(6) thereof,
   Whereas:

               (1)

               The Commission should decide on the clearance of the annual accounts for each national programme and on the conformity clearance. Therefore arrangements for the implementation of those tasks should be laid down including on the exchanges of information between the Commission and the Member States and the deadlines to be respected in each case.

               (2)

               The United Kingdom and Ireland are bound by Regulation (EU) No 514/2014 and are as a consequence bound by this Regulation.

               (3)

               Without prejudice to recital 47 of Regulation (EU) No 514/2014, Denmark is not bound by Regulation (EU) No 514/2014 or by this Regulation.

               (4)

               In order to allow for the prompt application of the measures provided for in this Regulation and not delay the preparation of any request for payment by the Member States, this Regulation should enter into force on the day following that of its publication in the Official Journal of the European Union.

               (5)

               The measures provided for in this Regulation are in accordance with the opinion of the ‘Asylum, Migration and Integration and Internal Security Funds’ Committee,

         HAS ADOPTED THIS REGULATION:
   Article 1
   Annual clearance of accounts
   1.   The Commission shall assess the eligibility of each project reported in the request for the payment of the annual balance referred to in Article 1 of Commission Implementing Regulation (EU) 2015/377 (2) in relation to the objectives of the Specific Regulations defined in Regulation (EU) No 514/2014 and those of the national programme approved in accordance with Article 14 of Regulation (EU) No 514/2014.
   When deciding on the payment of the annual balance, the Commission shall also take into consideration the information provided in:

               (a)

               the annual implementation report referred to in Article 54 of Regulation (EU) No 514/2014;

               (b)

               the request for payment of the annual balance in Article 1 of Implementing Regulation (EU) 2015/377.

         2.   The Commission shall clear all amounts declared in the accounts where there is no doubt on the completeness, accuracy and veracity in the accounts submitted
   3.   The Commission may require further information because of incomplete or unclear information provided, disagreements, differences of interpretation or any other inconsistency relating to a request for payment.
   4.   The Member State concerned shall, upon request by the Commission, provide additional information by the deadline set in that request. In justified cases, on request by the Member State before the expiry of the deadline, the Commission may accept a request for late submission of information and set a new deadline.
   Where the Member State concerned fails to provide the additional information by the deadline or if the response is unsatisfactory the Commission may proceed with the clearance decision on the basis of the information in its possession.
   5.   The Commission shall inform the Member State of its decision on the payment of the annual balance, including the reasons for any accounts or amounts in the accounts not paid.
   Where accounts or amounts in the accounts are not paid by the Commission, the Member State may submit additional information for the accounts or amounts to be reconsidered in subsequent financial years.
   6.   Where the payment made by the Commission is lower than the annual pre-financing amount paid to the Member State in accordance with Article 35(2) of Regulation (EU) No 514/2014, the annual pre-financing shall be cleared to the extent of the corresponding amount. Any outstanding pre-financing amount shall only be recovered during the following annual clearance exercises.
   7.   Only if the Member State does not submit a request for payment of the annual balance according to Article 44 of Regulation (EU) No 514/2014, the outstanding annual pre-financing payment shall be recovered within the same clearance exercise.
   8.   Paragraphs 1 to 5 of this Article shall apply, mutatis mutandis, to amounts recovered.
   Article 2
   Conformity clearance and financial corrections by the Commission
   1.   When the Commission considers that expenditure was not in compliance with Union and national rules, it shall notify its findings to the Member State concerned, specifying the corrective measures needed in order to ensure future compliance, and indicating the level of financial correction it considers to correspond to its findings.
   That notification shall be made in accordance with Article 47(5) of Regulation (EU) No 514/2014 and make a reference to this Article.
   2.   The Member State shall reply within two months of receipt of the notification. In its reply the Member State shall have the opportunity, in particular, to:

               (a)

               demonstrate to the Commission that the project(s) is(are) eligible;

               (b)

               demonstrate to the Commission that the extent of the non-compliance or the risk for the Union contribution to the national programme is less than what was indicated by the Commission;

               (c)

               inform the Commission of the corrective measures it has undertaken to ensure compliance with Union and national rules and the effective date of their implementation; and

               (d)

               inform the Commission whether a bilateral meeting would be considered useful.

         In justified cases, the Commission may, upon reasoned request of the Member State, authorise an extension of the two month-period by a maximum of two months. The request shall be addressed to the Commission before the expiry of the initial two months.
   3.   The Commission shall formally communicate its findings to the Member State on the basis of the information received in the framework of the conformity clearance procedure.
   4.   After having communicated its findings to the Member State, the Commission shall adopt, where appropriate, one or more decisions under Article 47 of Regulation (EU) No 514/2014 in order to exclude from Union financing any expenditure affected by the non-compliance with Union rules.
   The Commission may pursue consecutive conformity clearance procedures until the Member State has implemented the corrective measures.
   Article 3
   Decision not to start or pursue a conformity clearance procedure
   The Commission may decide not to start or pursue a conformity clearance procedure in accordance with Article 47 of Regulation (EU) No 514/2014 where it expects that the possible financial correction, for the non-compliance identified, would not exceed EUR 50 000 and 2 % of the specific expenditure deemed non-complaint.
   Article 4
   Entry into force
   This Regulation shall enter into force on the day following that of its publication in the Official Journal of the European Union.

      This Regulation shall be binding in its entirety and directly applicable in the Member States in accordance with the Treaties.
      Done at Brussels, 2 March 2015.

            For the Commission

            The President

         Jean-Claude JUNCKER

      (1)  OJ L 150, 20.5.2014, p. 112.

      (2)  Commission Implementing Regulation (EU) 2015/377 of 2 March 2015 establishing the models for the documents required for the payment of the annual balance pursuant to Regulation (EU) No 514/2014 of the European Parliament and of the Council laying down general provisions on the Asylum, Migration and Integration Fund and on the instrument for financial support for police cooperation, preventing and combating crime, and crisis management (see page 17 of this Official Journal).


title: Commission Implementing Regulation (EU) No 49/2012 of 19 January 2012 fixing the export refunds on pigmeat

text:
               20.1.2012

               EN

               Official Journal of the European Union

               L 17/11

         COMMISSION IMPLEMENTING REGULATION (EU) No 49/2012
   of 19 January 2012
   fixing the export refunds on pigmeat
   THE EUROPEAN COMMISSION,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to Council Regulation (EC) No 1234/2007 of 22 October 2007 establishing a common organisation of agricultural markets and on specific provisions for certain agricultural products (Single CMO Regulation) (1), and in particular Article 164(2), and Article 170, in conjunction with Article 4 thereof,
   Whereas:

               (1)

               Article 162(1) of Regulation (EC) No 1234/2007 provides that the difference between prices on the world market for the products listed in Part XVII of Annex I to that Regulation and prices for those products on the Union market may be covered by an export refund.

               (2)

               Given the present situation on the market in pigmeat, export refunds should therefore be fixed in accordance with the rules and criteria provided for in Articles 162, 163, 164, 167 and 169 of Regulation (EC) No 1234/2007.

               (3)

               Article 164(1) of Regulation (EC) No 1234/2007 provides that the refund may vary according to destination, especially where the world market situation, the specific requirements of certain markets, or obligations resulting from agreements concluded in accordance with Article 300 of the Treaty make this necessary.

               (4)

               Refunds should be granted only on products that are allowed to move freely in the Union and that bear the health mark as provided for in Article 5(1)(a) of Regulation (EC) No 853/2004 of the European Parliament and of the Council of 29 April 2004 laying down specific hygiene rules for food of animal origin (2). Those products must also satisfy the requirements laid down in Regulation (EC) No 852/2004 of the European Parliament and of the Council of 29 April 2004 on the hygiene of foodstuffs (3) and Regulation (EC) No 854/2004 of the European Parliament and of the Council of 29 April 2004 laying down specific rules for the organisation of official controls on products of animal origin intended for human consumption (4).

               (5)

               The currently applicable refunds have been fixed by Commission Implementing Regulation (EU) No 1058/2011 (5). Since new refunds should be fixed, that Regulation should therefore be repealed.

               (6)

               In order to prevent divergence with the current market situation, to prevent market speculation and to ensure efficient management this Regulation should enter into force on the day of its publication in the Official Journal of the European Union.

               (7)

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

         HAS ADOPTED THIS REGULATION:
   Article 1
   1.   Export refunds as provided for in Article 164 of Regulation (EC) No 1234/2007 shall be granted on the products and for the amounts set out in the Annex to this Regulation subject to the condition provided for in paragraph 2 of this Article.
   2.   The products eligible for a refund under paragraph 1 shall meet the relevant requirements of Regulations (EC) No 852/2004 and (EC) No 853/2004 and, in particular, shall be prepared in an approved establishment and comply with the health marking requirements laid down in Annex I, Section I, Chapter III to Regulation (EC) No 854/2004.
   Article 2
   Implementing Regulation (EU) No 1058/2011 is hereby repealed.
   Article 3
   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, 19 January 2012.

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

            Director-General for Agriculture and Rural Development

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

      (2)  OJ L 139, 30.4.2004, p. 55.

      (3)  OJ L 139, 30.4.2004, p. 1.

      (4)  OJ L 139, 30.4.2004, p. 206.

      (5)  OJ L 276, 21.10.2011, p. 35.

      ANNEX

         Export refunds on pigmeat applicable from 20 January 2012

                  Product code

                  Destination

                  Unit of measurement

                  Amount of refund

                  0210 11 31 9110

                  A00

                  EUR/100 kg

                  54,20

                  0210 11 31 9910

                  A00

                  EUR/100 kg

                  54,20

                  0210 19 81 9100

                  A00

                  EUR/100 kg

                  54,20

                  0210 19 81 9300

                  A00

                  EUR/100 kg

                  54,20

                  1601 00 91 9120

                  A00

                  EUR/100 kg

                  19,50

                  1601 00 99 9110

                  A00

                  EUR/100 kg

                  15,20

                  1602 41 10 9110

                  A00

                  EUR/100 kg

                  29,00

                  1602 41 10 9130

                  A00

                  EUR/100 kg

                  17,10

                  1602 42 10 9110

                  A00

                  EUR/100 kg

                  22,80

                  1602 42 10 9130

                  A00

                  EUR/100 kg

                  17,10

                  1602 49 19 9130

                  A00

                  EUR/100 kg

                  17,10

                     NB: The product codes and the ‘A’ series destination codes are set out in Commission Regulation (EEC) No 3846/87 (OJ L 366, 24.12.1987, p. 1).


title: Commission Implementing Regulation (EU) No 878/2013 of 12 September 2013 establishing the standard import values for determining the entry price of certain fruit and vegetables

text:
               13.9.2013

               EN

               Official Journal of the European Union

               L 244/32

         COMMISSION IMPLEMENTING REGULATION (EU) No 878/2013
   of 12 September 2013
   establishing the standard import values for determining the entry price of certain fruit and vegetables
   THE EUROPEAN COMMISSION,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to Council Regulation (EC) No 1234/2007 of 22 October 2007 establishing a common organisation of agricultural markets and on specific provisions for certain agricultural products (Single CMO Regulation) (1),
   Having regard to Commission Implementing Regulation (EU) No 543/2011 of 7 June 2011 laying down detailed rules for the application of Council Regulation (EC) No 1234/2007 in respect of the fruit and vegetables and processed fruit and vegetables sectors (2), and in particular Article 136(1) thereof,
   Whereas:

               (1)

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

               (2)

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

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

      This Regulation shall be binding in its entirety and directly applicable in all Member States.
      Done at Brussels, 12 September 2013.

            For the Commission, On behalf of the President,

         Jerzy PLEWA

            Director-General for Agriculture and Rural Development

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

      (2)  OJ L 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

                  MK

                  37,9

                  XS

                  31,3

                  ZZ

                  34,6

                  0707 00 05

                  MK

                  43,1

                  TR

                  95,4

                  ZZ

                  69,3

                  0709 93 10

                  TR

                  134,7

                  ZZ

                  134,7

                  0805 50 10

                  AR

                  125,2

                  CL

                  136,3

                  IL

                  142,1

                  TR

                  78,9

                  UY

                  100,2

                  ZA

                  119,6

                  ZZ

                  117,1

                  0806 10 10

                  EG

                  184,6

                  TR

                  148,4

                  ZZ

                  166,5

                  0808 10 80

                  AR

                  100,2

                  BA

                  68,8

                  BR

                  54,6

                  CL

                  123,8

                  NZ

                  144,9

                  US

                  130,2

                  ZA

                  109,7

                  ZZ

                  104,6

                  0808 30 90

                  AR

                  202,6

                  CN

                  82,3

                  TR

                  131,0

                  ZA

                  206,6

                  ZZ

                  155,6

                  0809 30

                  TR

                  129,4

                  ZZ

                  129,4

                  0809 40 05

                  BA

                  45,1

                  MK

                  54,9

                  XS

                  53,5

                  ZZ

                  51,2

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


title: Commission Implementing Regulation (EU) 2015/1288 of 27 July 2015 establishing the standard import values for determining the entry price of certain fruit and vegetables

text:
               28.7.2015

               EN

               Official Journal of the European Union

               L 198/16

         COMMISSION IMPLEMENTING REGULATION (EU) 2015/1288
   of 27 July 2015
   establishing the standard import values for determining the entry price of certain fruit and vegetables
   THE EUROPEAN COMMISSION,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to Regulation (EU) No 1308/2013 of the European Parliament and of the Council of 17 December 2013 establishing a common organisation of the markets in agricultural products and repealing Council Regulations (EEC) No 922/72, (EEC) No 234/79, (EC) No 1037/2001 and (EC) No 1234/2007 (1),
   Having regard to Commission Implementing Regulation (EU) No 543/2011 of 7 June 2011 laying down detailed rules for the application of Council Regulation (EC) No 1234/2007 in respect of the fruit and vegetables and processed fruit and vegetables sectors (2), and in particular Article 136(1) thereof,
   Whereas:

               (1)

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

               (2)

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

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

      This Regulation shall be binding in its entirety and directly applicable in all Member States.
      Done at Brussels, 27 July 2015.

            For the Commission,

            On behalf of the President,

         Jerzy PLEWA

            Director-General for Agriculture and Rural Development

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

      (2)  OJ L 157, 15.6.2011, p. 1.

      ANNEX

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

                  (EUR/100 kg)

                  CN code

                  Third country code (1)

                  Standard import value

                  0702 00 00

                  MA

                  165,4

                  MK

                  26,9

                  ZZ

                  96,2

                  0709 93 10

                  TR

                  120,5

                  ZZ

                  120,5

                  0805 50 10

                  AR

                  119,7

                  UY

                  134,4

                  ZA

                  141,8

                  ZZ

                  132,0

                  0806 10 10

                  EG

                  267,6

                  MA

                  237,5

                  TN

                  174,9

                  TR

                  158,2

                  US

                  286,0

                  ZA

                  115,6

                  ZZ

                  206,6

                  0808 10 80

                  AR

                  118,3

                  BR

                  113,4

                  CL

                  119,9

                  NZ

                  148,5

                  US

                  123,2

                  UY

                  170,5

                  ZA

                  117,3

                  ZZ

                  130,2

                  0808 30 90

                  AR

                  111,2

                  CL

                  138,9

                  NZ

                  153,0

                  ZA

                  120,4

                  ZZ

                  130,9

                  0809 10 00

                  TR

                  228,1

                  ZZ

                  228,1

                  0809 29 00

                  TR

                  245,4

                  US

                  487,6

                  ZZ

                  366,5

                  0809 30 10, 0809 30 90

                  MK

                  66,2

                  TR

                  202,8

                  ZZ

                  134,5

                  0809 40 05

                  BA

                  59,1

                  IL

                  124,7

                  ZZ

                  91,9

         (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) No 1111/2013 of 5 November 2013 entering a name in the register of protected designations of origin and protected geographical indications [Lietuviškas varškės sūris (PGI)]

text:
               8.11.2013

               EN

               Official Journal of the European Union

               L 298/25

         COMMISSION IMPLEMENTING REGULATION (EU) No 1111/2013
   of 5 November 2013
   entering a name in the register of protected designations of origin and protected geographical indications [Lietuviškas varškės sūris (PGI)]
   THE EUROPEAN COMMISSION,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to Regulation (EU) No 1151/2012 of the European Parliament and of the Council of 21 November 2012 on quality schemes for agricultural products and foodstuffs (1), and in particular Article 52(2) thereof,
   Whereas:

               (1)

               Pursuant to Article 50(2)(a) of Regulation (EU) No 1151/2012, Lithuania’s application to register the name ‘Lietuviškas varškės sūris’ was published in the Official Journal of the European Union
                   (2).

               (2)

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

         HAS ADOPTED THIS REGULATION:
   Article 1
   The name contained in the Annex to this Regulation is hereby entered in the register.
   Article 2
   This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.

      This Regulation shall be binding in its entirety and directly applicable in all Member States.
      Done at Brussels, 5 November 2013.

            For the Commission, On behalf of the President,
         Dacian CIOLOȘ

            Member of the Commission

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

      (2)  OJ C 57, 27.2.2013, p. 24.

      ANNEX
      Agricultural products intended for human consumption listed in Annex I to the Treaty:

         Class 1.3.   Cheeses

      LITHUANIA
      Lietuviškas varškės sūris (PGI)


title: Commission Implementing Regulation (EU) No 984/2011 of 30 September 2011 entering a name in the register of protected designations of origin and protected geographical indications [Vinagre del Condado de Huelva (PDO)]

text:
               5.10.2011

               EN

               Official Journal of the European Union

               L 260/7

         COMMISSION IMPLEMENTING REGULATION (EU) No 984/2011
   of 30 September 2011
   entering a name in the register of protected designations of origin and protected geographical indications [Vinagre del Condado de Huelva (PDO)]
   THE EUROPEAN COMMISSION,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to Council Regulation (EC) No 510/2006 of 20 March 2006 on the protection of geographical indications and designations of origin for agricultural products and foodstuffs (1), and in particular the first subparagraph of Article 7(4) thereof,
   Whereas:

               (1)

               Pursuant to the first subparagraph of Article 6(2) of Regulation (EC) No 510/2006, Spain’s application to register the name ‘Vinagre del Condado de Huelva’ was published in the Official Journal of the European Union
                   (2).

               (2)

               As no statement of objection under Article 7 of Regulation (EC) No 510/2006 has been received by the Commission, that name should therefore be entered in the register,

         HAS ADOPTED THIS REGULATION:
   Article 1
   The name contained in the Annex to this Regulation is hereby entered in the register.
   Article 2
   This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.

      This Regulation shall be binding in its entirety and directly applicable in all Member States.
      Done at Brussels, 30 September 2011.

            For the Commission, On behalf of the President,
         Dacian CIOLOȘ

            Member of the Commission

      (1)  OJ L 93, 31.3.2006, p. 12.

      (2)  OJ C 319, 24.11.2010, p. 6.

      ANNEX
      Agricultural products intended for human consumption listed in Annex I to the Treaty:

         Class 1.8.   Other products of Annex I to the Treaty (spices, etc.)

      SPAIN
      Vinagre del Condado de Huelva (PDO)


title: Commission Implementing Regulation (EU) No 226/2012 of 15 March 2012 amending Regulation (EC) No 1730/2006 as regards the conditions of use of benzoic acid (holder of authorisation Emerald Kalama Chemical BV)  Text with EEA relevance

text:
               16.3.2012

               EN

               Official Journal of the European Union

               L 77/6

         COMMISSION IMPLEMENTING REGULATION (EU) No 226/2012
   of 15 March 2012
   amending Regulation (EC) No 1730/2006 as regards the conditions of use of benzoic acid (holder of authorisation Emerald Kalama Chemical BV)
   (Text with EEA relevance)
   THE EUROPEAN COMMISSION,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to Regulation (EC) No 1831/2003 of the European Parliament and of the Council of 22 September 2003 on additives for use in animal nutrition (1), and in particular Article 13(3) thereof,
   Whereas:

               (1)

               The preparation benzoic acid, belonging to the additive category of ‘zootechnical additives’, was authorised for 10 years as a feed additive for use in weaned piglets by Commission Regulation (EC) No 1730/2006 (2) and for use in pigs for fattening by Commission Regulation (EC) No 1138/2007 (3).

               (2)

               In accordance with Article 13(3) of Regulation (EC) No 1831/2003, the holder of the authorisation has proposed changing the terms of the authorisation of the preparation benzoic acid as feed additive for weaned piglets to delete the condition regarding inclusion of that preparation in compound feed via premixture and to modify the conditions regarding complementary feedingstuffs. The application was accompanied by the relevant supporting data. The Commission forwarded that application to the European Food Safety Authority (‘the Authority’).

               (3)

               The Authority concluded in its opinion of 6 September 2011 (4) that there is no reason to continue to restrict the inclusion of the preparation benzoic acid to compound feed via premixtures. It considered the restrictions on the use of the additive in complementary feed established by Regulation (EC) No 1138/2007 as being sufficient and applicable to weaned piglets.

               (4)

               The conditions provided for in Article 5 of Regulation (EC) No 1831/2003 are satisfied.

               (5)

               Regulation (EC) No 1730/2006 should therefore be amended accordingly.

               (6)

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

         HAS ADOPTED THIS REGULATION:
   Article 1
   Annex to Regulation (EC) No 1730/2006 is replaced by the text of the Annex to this Regulation.
   Article 2
   This Regulation shall enter into force on the 20th day following its publication in the Official Journal of the European Union.

      This Regulation shall be binding in its entirety and directly applicable in all Member States.
      Done at Brussels, 15 March 2012.

            For the Commission

            The President

         José Manuel BARROSO

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

      (2)  OJ L 325, 24.11.2006, p. 9.

      (3)  OJ L 256, 2.10.2007, p. 8.

      (4)  EFSA Journal 2011; 9(9):2358.

      ANNEX

            ‘ANNEX

                        Identification number of the additive

                        Name of the holder of authorisation

                        Additive

                        Composition, chemical formula, description, analytical method

                        Species or category of animal

                        Maximum age

                        Minimum content

                        Maximum content

                        Other provisions

                        End of period of authorisation

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

                           Category of zootechnical additives. Functional group: other zootechnical additives (improvement of performance parameters: weight gain or feed gain ratio)

                        4d210

                        Emerald Kalama Chemical BV

                        Benzoic acid

                                       Additive composition

                                    Benzoic acid (≥ 99,9 %)

                                       Characterisation of the active substance

                                    Benzenecarboxylic acid, phenylcarboxylic acid, C7H6O2

                                    CAS number 65-85-0
                                    Maximum level in:

                                                Phthalic acid: ≤ 100 mg/kg

                                                Biphenyl: ≤ 100 mg/kg

                                       Analytical method
                                        (1)

                                    Quantification of benzoic acid in the feed additive: titration with sodium hydroxide (European Pharmacopeia monograph 0066)
                                    Quantification of benzoic acid in the premixture and feedingstuff: Reversed Phase Liquid chromatography with UV detection (RP-HPLC/UV) — method based on ISO9231:2008

                        Piglets
                        (weaned)

                        —

                        —

                        5 000

                                    1.

                                    The mixture of different sources of benzoic acid must not exceed the permitted maximum level in complete feedingstuff of 5 000 mg/kg of complete feed.

                                    2.

                                    Recommended minimum dose: 5 000 mg/kg of complete feed.

                                    3.

                                    Complementary feed containing benzoic acid must not be fed directly to weaned piglets, unless thoroughly mixed with other feed materials of the daily ration.

                                    4.

                                    For weaned piglets up to 25 kg.

                                    5.

                                    For safety: it is recommended to use breathing protection and gloves during handling.

                        14.12.2016

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


title: Commission Implementing Regulation (EU) No 426/2011 of 2 May 2011 amending Regulation (EC) No 889/2008 laying down detailed rules for the implementation of Council Regulation (EC) No 834/2007 on organic production and labelling of organic products with regard to organic production, labelling and control

text:
               3.5.2011

               EN

               Official Journal of the European Union

               L 113/1

         COMMISSION IMPLEMENTING REGULATION (EU) No 426/2011
   of 2 May 2011
   amending Regulation (EC) No 889/2008 laying down detailed rules for the implementation of Council Regulation (EC) No 834/2007 on organic production and labelling of organic products with regard to organic production, labelling and control
   THE EUROPEAN COMMISSION,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to Council Regulation (EC) No 834/2007 of 28 June 2007 on organic production and labelling of organic products and repealing Regulation (EEC) No 2092/91 (1) and in particular Article 28(6) thereof,
   Whereas:

               (1)

               Article 24 of Regulation (EC) No 834/2007 lays down that the organic production logo of the European Union (‘organic logo of the EU’) is one of the compulsory indications to be used as regards pre-packaged food bearing terms referring to the organic production method as referred to in Article 23(1), while the use of the logo is optional for these products imported from third countries. Consumers should be assured that organic products have been produced in compliance with the requirements set out in Regulation (EC) No 834/2007 and Commission Regulation (EC) No 889/2008 (2). To that end, the traceability of each product carrying the organic logo of the EU at all stages of production, preparation and distribution is an important factor.

               (2)

               In order to give the consumers the opportunity to inform themselves of the operators and of their products which are subject to the organic farming control system, the Member States should make available, in an appropriate manner, the relevant information on the operators subject to this system, while observing the requirements of the protection of personal data as laid down in Directive 95/46/EC of the European Parliament and of the Council of 24 October 1995 on the protection of individuals with regard to the processing of personal data and on the free movement of such data (3).

               (3)

               Regulation (EC) No 889/2008 should therefore be amended accordingly.

               (4)

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

         HAS ADOPTED THIS REGULATION:
   Article 1
   In Chapter 8 of Title IV of Regulation (EC) No 889/2008 the following Article 92a is added:

      ‘Article 92a
      Publication of information
      The Member States shall make available to the public, in an appropriate manner including publication on the Internet, the updated lists referred to in Article 28(5) of Regulation (EC) No 834/2007 containing updated documentary evidence related to each operator, as provided for in Article 29(1) of that Regulation and using the model set out in Annex XII to this Regulation. The Member States shall duly observe the requirements of the protection of personal data as laid down in Directive 95/46/EC of the European Parliament and of the Council (4).

   Article 2
   This Regulation shall enter into force on the day following its publication in the Official Journal of the European Union.
   However, Article 1 shall apply as from 1 January 2013.

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

            For the Commission

            The President

         José Manuel BARROSO

      (1)  OJ L 189, 20.7.2007, p. 1.

      (2)  OJ L 250, 18.9.2008, p. 1.

      (3)  OJ L 281, 23.11.1995, p. 31.

      (4)  OJ L 281, 23.11.1995, p. 31.’


title: Commission Implementing Regulation (EU) 2017/182 of 27 January 2017 concerning the classification of certain goods in the Combined Nomenclature

text:
                  3.2.2017

                  EN

                  Official Journal of the European Union

                  L 29/13

            COMMISSION IMPLEMENTING REGULATION (EU) 2017/182
      of 27 January 2017
      concerning the classification of certain goods in the Combined Nomenclature
      THE EUROPEAN COMMISSION,
      Having regard to the Treaty on the Functioning of the European Union,
      Having regard to Regulation (EU) No 952/2013 of the European Parliament and of the Council of 9 October 2013 laying down the Union Customs Code (1), and in particular Article 57(4) and Article 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, 27 January 2017.

               For the Commission,

               On behalf of the President,

            Stephen QUEST

               Director-General

               Directorate-General for Taxation and Customs Union

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

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

         ANNEX

                     Description of the goods

                     Classification (CN-code)

                     Reasons

                     (1)

                     (2)

                     (3)

                     Articles (so-called ‘thumb grips for a game console controller’) measuring approximately 20 mm in diameter and 6 mm in height made of elastic silicone (plastics) with an anti-slip surface. They are equipped with a self-adhesive aluminium profile, cut to the design of the support.
                     These grips are used as caps on the joysticks of a game console controller.
                     The thumb grip caps are intended to protect the game controller against the sweat, wear and tear caused by intensive use, as well as to prevent fingers from slipping off the controller, by means of their anti-slip surface.
                     See image (*1)

                     3926 90 97

                     Classification is determined by general rules 1 and 6 for the interpretation of the Combined Nomenclature and by the wording of CN codes 3926 , 3926 90  and 3926 90 97 .
                     The ‘thumb grips’ merely enhance the function of the game controller. Thus, they are neither adapting the game controller for a particular operation, nor increasing its range of operations, nor performing a particular service relative to the main function of the game controller or of the game console (see case C-152/10 Unomedical ECLI:EU:C:2011:402, paragraphs 13, 29 and 38).
                     Consequently, the classification as an accessory of video game consoles and machines of heading 9504  is excluded.
                     The article is therefore to be classified according to its constituent material (plastics) under CN code 3926 90 97  as other articles of plastics.

            (*1)  The image is purely for information.