title: Commission Implementing Regulation (EU) 2016/1423 of 25 August 2016 renewing approval of the active substance picolinafen in accordance with Regulation (EC) No 1107/2009 of the European Parliament and of the Council concerning the placing of plant protection products on the market, and amending the Annex to Commission Implementing Regulation (EU) No 540/2011 (Text with EEA relevance)

text:
                  26.8.2016

                  EN

                  Official Journal of the European Union

                  L 231/20

            COMMISSION IMPLEMENTING REGULATION (EU) 2016/1423
      of 25 August 2016
      renewing approval of the active substance picolinafen in accordance with Regulation (EC) No 1107/2009 of the European Parliament and of the Council concerning the placing of plant protection products on the market, and amending the Annex to Commission Implementing Regulation (EU) No 540/2011
      (Text with EEA relevance)
      THE EUROPEAN COMMISSION,
      Having regard to the Treaty on the Functioning of the European Union,
      Having regard to Regulation (EC) No 1107/2009 of the European Parliament and of the Council of 21 October 2009 concerning the placing of plant protection products on the market and repealing Council Directives 79/117/EEC and 91/414/EEC (1), and in particular Article 20(1) thereof,
      Whereas:

                  (1)

                  The approval of the active substance picolinafen, as set out in Part A of the Annex to Commission Implementing Regulation (EU) No 540/2011 (2), expires on 30 June 2017.

                  (2)

                  An application for the renewal of the inclusion of picolinafen in Annex I to Council Directive 91/414/EEC (3) was submitted in accordance with Article 4 of Commission Regulation (EU) No 1141/2010 (4) within the time period provided for in that Article.

                  (3)

                  The applicant submitted the supplementary dossiers required in accordance with Article 9 of Regulation (EU) No 1141/2010. The application was found to be complete by the rapporteur Member State.

                  (4)

                  The rapporteur Member State prepared a renewal assessment report in consultation with the co-rapporteur Member State and submitted it to the European Food Safety Authority (hereinafter ‘the Authority’) and the Commission on 14 May 2014.

                  (5)

                  The Authority communicated the renewal assessment report to the applicant and to the Member States for comments and forwarded the comments received to the Commission. The Authority also made the supplementary summary dossier available to the public.

                  (6)

                  On 22 October 2015 the Authority communicated to the Commission its conclusion (5) on whether picolinafen can be expected to meet the approval criteria provided for in Article 4 of Regulation (EC) No 1107/2009. The Commission presented the draft review report for picolinafen to the Standing Committee on Plants, Animals, Food and Feed on 29 January 2016.

                  (7)

                  It has been established with respect to one or more representative uses of at least one plant protection product containing the active substance that the approval criteria provided for in Article 4 of Regulation (EC) No 1107/2009 are satisfied. Those approval criteria are therefore deemed to be satisfied.

                  (8)

                  It is therefore appropriate to renew the approval of picolinafen.

                  (9)

                  The risk assessment for the renewal of the approval of picolinafen is based on a limited number of representative uses, which however do not restrict the uses for which plant protection products containing picolinafen may be authorised. It is therefore appropriate not to maintain the restriction to uses as a herbicide.

                  (10)

                  In accordance with Article 14(1) of Regulation (EC) No 1107/2009 in conjunction with Article 6 thereof and in the light of current scientific and technical knowledge, it is necessary to include certain conditions.

                  (11)

                  In accordance with Article 20(3) of Regulation (EC) No 1107/2009, in conjunction with Article 13(4) thereof, the Annex to Implementing Regulation (EU) No 540/2011 should be amended accordingly.

                  (12)

                  Commission Implementing Regulation (EU) 2016/549 (6) extended the expiry date of picolinafen until 30 June 2017 in order to allow the renewal process to be completed before the expiry of the approval of that substance. However, given that a decision on renewal has already been taken ahead of this extended expiry date, this Regulation should apply from 1 November 2016.

                  (13)

                  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
      Renewal of the approval of active substance
      The approval of the active substance picolinafen, as specified in Annex I, is renewed subject to the conditions laid down in that Annex.
      Article 2
      Amendments to Implementing Regulation (EU) No 540/2011
      The Annex to Implementing Regulation (EU) No 540/2011 is amended in accordance with Annex II to this Regulation.
      Article 3
      Entry into force and date of application
      This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.
      It shall apply from 1 November 2016.

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

               For the Commission

               The President

            Jean-Claude JUNCKER

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

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

         (3)  Council Directive 91/414/EEC of 15 July 1991 concerning the placing of plant protection products on the market (OJ L 230, 19.8.1991, p. 1).

         (4)  Commission Regulation (EU) No 1141/2010 of 7 December 2010 laying down the procedure for the renewal of the inclusion of a second group of active substances in Annex I to Council Directive 91/414/EEC and establishing the list of those substances (OJ L 322, 8.12.2010, p. 10).

         (5)  EFSA Journal 2015; 13(11):4279. Available online: www.efsa.europa.eu

         (6)  Commission Implementing Regulation (EU) 2016/549 of 8 April 2016 amending Implementing Regulation (EU) No 540/2011 as regards the extension of the approval periods of the active substances bentazone, cyhalofop butyl, diquat, famoxadone, flumioxazine, DPX KE 459 (flupyrsulfuron-methyl), metalaxyl-M, picolinafen, prosulfuron, pymetrozine, thiabendazole and thifensulfuron-methyl (OJ L 95 9.4.2016, p. 4).

         ANNEX I

                     Common Name, Identification Numbers

                     IUPAC Name

                     Purity (1)

                     Date of approval

                     Expiration of approval

                     Specific provisions

                     Picolinafen
                     CAS No 137641-05-5
                     CIPAC No 639

                     4′-fluoro-6-(α,α,α-trifluoro-m-tolyloxy)pyridine-2-carboxanilide

                     ≥ 980 g/kg

                     1 November 2016

                     30 June 2031

                     For the implementation of the uniform principles, as referred to in Article 29(6) of Regulation (EC) No 1107/2009, the conclusions of the review report on picolinafen, and in particular Appendices I and II thereof, shall be taken into account.
                     In this overall assessment Member States shall pay particular attention to:

                                 —

                                 the impurities in the technical active substance;

                                 —

                                 the protection of mammals, especially of large herbivorous mammals;

                                 —

                                 the protection of non-target terrestrial plants;

                                 —

                                 the protection of groundwater, when the substance is applied in regions with vulnerable soil and/or climatic conditions;

                                 —

                                 the protection of aquatic organisms, especially of algae.

                           Conditions of use shall include risk mitigation measures, where appropriate.

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

         ANNEX II
         The Annex to Implementing Regulation (EU) No 540/2011 is amended as follows:

                     (1)

                     in Part A, entry 38 on picolinafen is deleted;

                     (2)

                     in Part B, the following entry is added:

                                 Number

                                 Common Name, Identification Numbers

                                 IUPAC Name

                                 Purity (*)

                                 Date of approval

                                 Expiration of approval

                                 Specific provisions

                                 ‘103

                                 Picolinafen
                                 CAS No 137641-05-5
                                 CIPAC No 639

                                 4′-fluoro-6-(α,α,α-trifluoro-m-tolyloxy)pyridine-2-carboxanilide

                                 ≥ 980 g/kg

                                 1 November 2016

                                 30 June 2031

                                 For the implementation of the uniform principles, as referred to in Article 29(6) of Regulation (EC) No 1107/2009, the conclusions of the review report on picolinafen, and in particular Appendices I and II thereof, shall be taken into account.
                                 In this overall assessment Member States shall pay particular attention to:

                                             —

                                             the impurities in the technical active substance;

                                             —

                                             the protection of mammals, especially of large herbivorous mammals;

                                             —

                                             the protection of non-target terrestrial plants;

                                             —

                                             the protection of groundwater, when the substance is applied in regions with vulnerable soil and/or climatic conditions;

                                             —

                                             the protection of aquatic organisms, especially to algae.

                                       Conditions of use shall include risk mitigation measures, where appropriate.’

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


title: Commission Implementing Regulation (EU) 2015/662 of 28 April 2015 concerning the authorisation of L-carnitine and L-carnitine L-tartrate as feed additives for all animal species (Text with EEA relevance)

text:
               29.4.2015

               EN

               Official Journal of the European Union

               L 110/5

         COMMISSION IMPLEMENTING REGULATION (EU) 2015/662
   of 28 April 2015
   concerning the authorisation of L-carnitine and L-carnitine L-tartrate as feed additives for all animal species
   (Text with EEA relevance)
   THE EUROPEAN COMMISSION,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to Regulation (EC) No 1831/2003 of the European Parliament and of the Council of 22 September 2003 on additives for use in animal nutrition (1), and in particular Article 9(2) thereof,
   Whereas:

               (1)

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

               (2)

               L-carnitine and L-carnitine L-tartrate were authorised without a time limit in accordance with Directive 70/524/EEC as feed additives for all animal species. Those products were subsequently entered in the Register of feed additives as existing products, in accordance with Article 10(1) of Regulation (EC) No 1831/2003.

               (3)

               In accordance with Article 10(2) of Regulation (EC) No 1831/2003, in conjunction with Article 7 thereof, two applications were submitted for the re-evaluation of L-carnitine and its preparations and L-carnitine L-tartrate for all animal species and, in accordance with Article 7 of that Regulation, for a new use in water for drinking. The applicants requested these additives to be classified in the additive category ‘nutritional additives’. Those applications were accompanied by the particulars and documents required under Article 7(3) of Regulation (EC) No 1831/2003.

               (4)

               The European Food Safety Authority (‘the Authority’) concluded in its opinions of 24 April 2012 (3) that, under the proposed conditions of use in feed and in water for drinking, L-carnitine and L-carnitine L-tartrate do not have adverse effects on animal or human health or the environment. The Authority concluded that L-carnitine and L-carnitine L-tartrate are regarded as effective sources of L-carnitine. The Authority further concluded that no safety concerns would arise for users. The Authority does not consider that there is a need for specific requirements of post-market monitoring. It also verified the report on the method of analysis of the feed additives in feed and in water submitted by the Reference Laboratory set up by Regulation (EC) No 1831/2003.

               (5)

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

               (6)

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

               (7)

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

         HAS ADOPTED THIS REGULATION:
   Article 1
   The substances specified in the Annex, belonging to the additive category ‘nutritional additives’ and to the functional group ‘vitamins, pro-vitamins and chemically well-defined substances having similar effect’, are authorised as additives in animal nutrition subject to the conditions laid down in that Annex.
   Article 2
   1.   The substances specified in the Annex and premixtures containing those substances which are produced and labelled before 19 November 2015 in accordance with the rules applicable before 19 May 2015 may continue to be placed on the market and used until the existing stocks are exhausted.
   2.   Compound feed and feed materials containing the substances specified in the Annex which are produced and labelled before 19 November 2015 in accordance with the rules applicable before 19 May 2015 may continue to be placed on the market and used until the existing stocks are exhausted if they are intended for food producing animals.
   3.   Compound feed and feed materials containing the substances specified in the Annex which are produced and labelled before 19 May 2017 in accordance with the rules applicable before 19 May 2015 may continue to be placed on the market and used until the existing stocks are exhausted if they are intended for non-food producing animals.
   Article 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, 28 April 2015.

            For the Commission

            The President

         Jean-Claude JUNCKER

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

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

      (3)  EFSA Journal 2012;10(5):2676 and EFSA Journal 2012;10(5):2677.

      ANNEX

                  Identification number of the additive

                  Name of the holder of authorisation

                  Additive

                  Composition, chemical formula, description, analytical method

                  Species or category of animal

                  Maximum age

                  Minimum content

                  Maximum content

                  Other provisions

                  End of period of authorisation

                  mg of active substance/kg of complete feedingstuff with a moisture content of 12 % or mg of the active substance/l of water

                     Category of nutritional additives. Functional group: vitamins, provitamins and chemically well-defined substances having a similar effect

                  3a910

                  —

                  L-carnitine

                     Additive composition

                  L-carnitine

                     Active substance

                  L-carnitine
                  C7H15NO3

                  CAS No: 541-15-1
                  L-carnitine solid form produced by chemical synthesis: min. 97 %.

                     Method of Analysis
                      (1)

                  For the determination of L-carnitine in the feed additive: titration with perchloric acid (Ph Eur 6th edition, monograph 1339)
                  For the determination of L-carnitine in premixtures: ion chromatography method with electrical conductivity detection (IC-ECD) or Spectrophotometric method after enzymatic reaction with carnitine-acetyl-transferase.
                  For the determination of L-carnitine in feedingstuffs: Reversed Phase High Performance Liquid Chromatography (RP-HPLC) with fluorimetric detector or Spectrophotometric method after enzymatic reaction with carnitine-acetyl-transferase.
                  For the determination of L-carnitine in water: potentiometric titration or Spectrophotometric method after enzymatic reaction with carnitine-acetyl-transferase.

                  All animal species

                  —

                  —

                  —

                              1.

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

                              2.

                              In the directions for use of the additive and premixture, indicate the storage and stability conditions.

                              3.

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

                              4.

                              The additive may be used in water for drinking.

                  19 May 2025

                  3a911

                  —

                  L-carnitine L-tartrate

                     Additive composition

                  L-carnitine L-tartrate

                     Active substance

                  L-carnitine L-tartrate
                  C18H36N2O12

                  CAS No: 36687-82-8
                  L-carnitine L-tartrate solid form produced by chemical synthesis: min. 97 %.

                     Method of Analysis
                      (1)

                  For the determination of L-carnitine L-tartrate in the feed additive: potentiometric back-titration.
                  For the determination of L-carnitine L-tartrate (expressed as L-carnitine) in premixtures: ion chromatography method with electrical conductivity detection (IC-ECD) or Spectrophotometric method after enzymatic reaction with carnitine-acetyl-transferase.
                  For the determination of L-carnitine L-tartrate (expressed as L-carnitine) in feedingstuffs: Reversed Phase High Performance Liquid Chromatography (RP-HPLC) with fluorimetric detector or Spectrophotometric method after enzymatic reaction with carnitine-acetyl-transferase.
                  For the determination of L-carnitine L-tartrate (expressed as L-carnitine) in water: potentiometric titration or Spectrophotometric method after enzymatic reaction with carnitine-acetyl-transferase.

                  All animal species

                  —

                  —

                  —

                              1.

                              In the directions for use of the additive and premixture, indicate the storage and stability conditions.

                              2.

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

                              3.

                              The additive may be used in water for drinking.

                  19 May 2025

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


title: Commission Implementing Regulation (EU) 2015/1726 of 28 September 2015 approving 2-methylisothiazol-3(2H)-one as an existing active substance for use in biocidal products for product-type 13 (Text with EEA relevance)

text:
               29.9.2015

               EN

               Official Journal of the European Union

               L 252/14

         COMMISSION IMPLEMENTING REGULATION (EU) 2015/1726
   of 28 September 2015
   approving 2-methylisothiazol-3(2H)-one as an existing active substance for use in biocidal products for product-type 13
   (Text with EEA relevance)
   THE EUROPEAN COMMISSION,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to Regulation (EU) No 528/2012 of the European Parliament and of the Council of 22 May 2012 concerning the making available on the market and use of biocidal products (1), and in particular the third subparagraph of Article 89(1) thereof,
   Whereas:

               (1)

               Commission Delegated Regulation (EU) No 1062/2014 (2) establishes a list of existing active substances to be evaluated for their possible approval for use in biocidal products or inclusion into Annex I to Regulation (EU) No 528/2012.

               (2)

               That list includes 2-methylisothiazol-3(2H)-one.

               (3)

               2-methylisothiazol-3(2H)-one has been evaluated in accordance Article 16(2) of Directive 98/8/EC of the European Parliament and of the Council (3) for use in product-type 13, metalworking-fluid preservatives, as defined in Annex V to that Directive, which corresponds to product-type 13, as defined in Annex V to Regulation (EU) No 528/2012.

               (4)

               Slovenia was designated as evaluating competent authority and submitted the assessment report, together with its recommendations, to the Commission on 11 April 2012 in accordance with paragraphs 4 and 6 of Article 14 of Commission Regulation (EC) No 1451/2007 (4).

               (5)

               In accordance with Article 7(1)(b) of Delegated Regulation (EU) No 1062/2014, the opinion of the European Chemicals Agency was formulated on 2 October 2014 by the Biocidal Product Committee, having regard to the conclusions of the evaluating competent authority.

               (6)

               According to that opinion, biocidal products used for product-type 13 and containing 2-methylisothiazol-3(2H)-one may be expected to satisfy the requirements laid down in Article 5 of Directive 98/8/EC provided that certain conditions concerning its use are complied with.

               (7)

               It is therefore appropriate to approve 2-methylisothiazol-3(2H)-one for use in biocidal products for product-type 13 subject to compliance with the specific conditions in the Annex.

               (8)

               Since 2-methylisothiazol-3(2H)-one meets the criteria for classification as skin sensitiser sub-category 1A as defined in Annex I to Regulation (EC) No 1272/2008 of the European Parliament and of the Council (5), treated articles treated with or incorporating 2-methylisothiazol-3(2H)-one should be appropriately labelled when placed on the market.

               (9)

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

               (10)

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

         HAS ADOPTED THIS REGULATION:
   Article 1
   2-methylisothiazol-3(2H)-one is approved as an active substance for use in biocidal products for product-type 13, subject to the specifications and conditions set out in the Annex.
   Article 2
   This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.

      This Regulation shall be binding in its entirety and directly applicable in all Member States.
      Done at Brussels, 28 September 2015.

            For the Commission

            The President

         Jean-Claude JUNCKER

      (1)  OJ L 167, 27.6.2012, p. 1.

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

      (3)  Directive 98/8/EC of the European Parliament and of the Council of 16 February 1998 concerning the placing of biocidal products on the market (OJ L 123, 24.4.1998, p. 1).

      (4)  Commission Regulation (EC) No 1451/2007 of 4 December 2007 on the second phase of the 10-year work programme referred to in Article 16(2) of Directive 98/8/EC of the European Parliament and of the Council concerning the placing of biocidal products on the market (OJ L 325, 11.12.2007, p. 3).

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

      ANNEX

                  Common Name

                  IUPAC Name
                  Identification Numbers

                  Minimum degree of purity of the active substance (1)

                  Date of approval

                  Expiry date of approval

                  Product type

                  Specific conditions

                  2-methylisothiazol-3(2H)-one

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

                  95 % w/w

                  1 October 2016

                  30 September 2026

                  13

                  The product assessment shall pay particular attention to the exposures, the risks and the efficacy linked to any uses covered by an application for authorisation, but not addressed in the Union level risk assessment of the active substance.
                  The authorisations of biocidal products are subject to the following conditions:

                              (1)

                              For professional users, safe operational procedures and appropriate organisational measures shall be established. Products shall be used with appropriate personal protective equipment where exposure cannot be reduced to an acceptable level by other means.

                              (2)

                              In view of the risks to the professional users, loading of the products into metalworking fluids shall be semi-automated or automated unless it can be demonstrated that risks can be reduced to an acceptable level by other means.

                              (3)

                              In view of the risks to the professional users, labels and, where provided, safety data sheets of products shall indicate that preserved metalworking fluids shall be used in semi-automated or automated machines unless it can be demonstrated that risks can be reduced to an acceptable level by other means.

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

         (1)  The purity indicated in this column was the minimum degree of purity of the active substance used for the evaluation made in accordance with Article 16(2) of Directive 98/8/EC. The active substance in the product placed on the market can be of equal or different purity if it has been proven technically equivalent with the evaluated active substance.


title: Council Implementing Regulation (EU) 2017/628 of 3 April 2017 implementing Article 15(3) of Regulation (EU) No 1352/2014 concerning restrictive measures in view of the situation in Yemen

text:
               4.4.2017

               EN

               Official Journal of the European Union

               L 90/1

         COUNCIL IMPLEMENTING REGULATION (EU) 2017/628
   of 3 April 2017
   implementing Article 15(3) of Regulation (EU) No 1352/2014 concerning restrictive measures in view of the situation in Yemen
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to Council Regulation (EU) No 1352/2014 of 18 December 2014 concerning restrictive measures in view of the situation in Yemen (1), and in particular Article 15(3) thereof,
   Having regard to the proposal from the High Representative of the Union for Foreign Affairs and Security Policy,
   Whereas:

               (1)

               On 18 December 2014 the Council adopted Regulation (EU) No 1352/2014.

               (2)

               The United Nations Security Council Committee established pursuant to United Nations Security Council Resolution 2140 (2014) has updated the information relating to four persons subject to restrictive measures.

               (3)

               Annex I to Regulation (EU) No 1352/2014 should therefore be amended accordingly,

         HAS ADOPTED THIS REGULATION:
   Article 1
   Annex I to Regulation (EU) No 1352/2014 is amended as set out in the Annex to this Regulation.
   Article 2
   This Regulation shall enter into force on the date 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 Luxembourg, 3 April 2017.

            For the Council

            The President

         F. MOGHERINI

      (1)  OJ L 365, 19.12.2014, p. 60.

      ANNEX
      In Annex I to Regulation (EU) No 1352/2014, the entries concerning the persons listed below are replaced by the following entries:

                  1.

                     Abdullah Yahya Al Hakim (aliases: (a) Abu Ali al Hakim; (b) Abu-Ali al-Hakim; (c) Abdallah al-Hakim; (d) Abu Ali Alhakim; (e) Abdallah al-Mu'ayyad).
                  Original script:

                     Designation: Huthi group second-in-command. Address: Dahyan, Sa'dah Governorate, Yemen. Date of Birth: a) Approximately 1985; b) Between 1984 and 1986. Place of Birth: a) Dahyan, Yemen; b) Sa'dah Governorate, Yemen. Nationality: Yemen. Other information: Gender: male. INTERPOL-UN Security Council Special Notice web link: https://www.interpol.int/en/notice/search/un/5837273. Date of UN designation: 7.11.2014 (amended on 20.11.2014).
                  Additional information from the narrative summary of reasons for listing provided by the Sanctions Committee:
                  Abdullah Yahya al Hakim was designated for sanctions on 7 November 2014 pursuant to paragraphs 11 and 15 of UNSCR 2140 (2014), as meeting the designation criteria set out in paragraphs 17 and 18 of the Resolution.
                  Abdullah Yahya al Hakim has engaged in acts that threaten the peace, security, or stability of Yemen, such as acts that obstruct the implementation of the agreement of 23 November 2011, between the Government of Yemen and those in opposition to it, which provides for a peaceful transition of power in Yemen, and that obstruct the political process in Yemen.
                  In June 2014, Abdullah Yahya al Hakim reportedly held a meeting in order to plot a coup against Yemeni President Abdrabuh Mansour Hadi. Al Hakim met with military and security commanders, and tribal chieftains; leading partisan figures loyal to former Yemeni President Ali Abdullah Saleh also attended the meeting, which aimed to coordinate military efforts to take over Sana'a, Yemen's capital.
                  In a 29 August 2014 public statement, the President of the United Nations Security Council stated that the Council condemned the actions of forces commanded by Abdullah Yahya al Hakim who overran Amran, Yemen, including the Yemeni Army Brigade headquarters on 8 July 2014. Al Hakim led the July 2014 violent takeover of the Amran Governorate and was the military commander responsible for making decisions regarding ongoing conflicts in the Amran Governorate and Hamdan, Yemen.
                  As of early September 2014, Abdullah Yahya al Hakim remained in Sana'a to oversee combat operations in case fighting began. His role was to organise military operations so as to be able to topple the Yemeni government, and he was also responsible for securing and controlling all routes in and out of Sana'a.

                  2.

                     Abd Al-Khaliq Al-Houthi (aliases: (a) Abd-al-Khaliq al-Huthi; (b) Abd-al-Khaliq Badr-al-Din al Huthi; (c) 'Abd al-Khaliq Badr al-Din al-Huthi; (d) Abd al-Khaliq al-Huthi; (e) Abu-Yunus).
                  Original script:

                     Designation: Huthi military commander. Date of Birth: 1984. Nationality: Yemen. Other information: Gender: Male. INTERPOL-UN Security Council Special Notice web link: https://www.interpol.int/en/notice/search/un/5837297. Date of UN designation:7.11.2014 (amended on 20.11.2014, 26.8.2016).
                  Additional information from the narrative summary of reasons for listing provided by the Sanctions Committee:
                  Abd al-Khaliq al-Houthi was designated for sanctions on 7 November 2014 pursuant to paragraphs 11 and 15 of UNSCR 2140 (2014), as meeting the designation criteria set out in paragraphs 17 and 18 of the Resolution.
                  Abd al-Khaliq al-Houthi has engaged in acts that threaten the peace, security, or stability of Yemen, such as acts that obstruct the implementation of the agreement of 23 November 2011 between the Government of Yemen and those in opposition to it, which provides for a peaceful transition of power in Yemen, and acts that obstruct the political process in Yemen.
                  In late October 2013, Abd al-Khaliq al-Houthi led a group of fighters dressed in Yemeni military uniforms in an attack on locations in Dimaj, Yemen. The ensuing fighting resulted in multiple deaths.
                  In late September 2014, an unknown number of unidentified fighters allegedly were prepared to attack diplomatic facilities in Sana'a, Yemen, upon receiving orders from Abd al-Khaliq al-Houthi. On 30 August 2014, al-Houthi coordinated to move weapons from Amran to a protest camp in Sana'a.

                  3.

                     Ali Abdullah Saleh (alias: Ali Abdallah Salih).
                  Original script:

                     Designation: a) President of Yemen's General People's Congress party; b) Former President of the Republic of Yemen. Date of Birth: a)21.3.1945; b)21.3.1946; c)21.3.1942; d)21.3.1947. Place of Birth: a) Bayt al-Ahmar, Sana'a Governorate, Yemen; b) Sana'a, Yemen; c) Sana'a, Sanhan, Al-Rib' al-Sharqi. Nationality: Yemen. Passport no: 00016161 (Yemen). National identification no: 01010744444. Other information: Gender: Male. INTERPOL-UN Security Council Special Notice web link: https://www.interpol.int/en/notice/search/un/5837306. Date of UN designation: 7.11.2014 (amended on 20.11.2014).
                  Additional information from the narrative summary of reasons for listing provided by the Sanctions Committee:
                  Ali Abdullah Saleh was designated for sanctions on 7 November 2014 pursuant to paragraphs 11 and 15 of Resolution 2140 (2014), as meeting the designation criteria set out in paragraphs 17 and 18 of the Resolution.
                  Ali Abdullah Saleh has engaged in acts that threaten the peace, security or stability of Yemen, such as acts that obstruct the implementation of the agreement of 23 November 2011 between the Government of Yemen and those in opposition to it, which provides for a peaceful transition of power in Yemen, and acts that obstruct the political process in Yemen.
                  Per the 23 November 2011 agreement backed by the Gulf Cooperation Council, Ali Abdullah Saleh stepped down as President of Yemen after more than 30 years.
                  As of autumn 2012, Ali Abdullah Saleh had reportedly become one of the primary supporters of violent Huthi actions in northern Yemen.
                  Clashes in the south of Yemen in February 2013 were a result of the combined efforts of Saleh, AQAP and southern secessionist Ali Salim al-Bayd to cause trouble before the 18 March 2013 National Dialogue Conference in Yemen. More recently, as of September 2014, Saleh has been destabilising Yemen by using others to undermine the central government and create enough instability to threaten a coup. According to a September 2014 report by the United Nations Panel of Experts for Yemen, interlocutors alleged that Saleh supports violent actions of some Yemenis by providing them with funds and political support, as well as ensuring that GPC members continue to contribute to the destabilisation of Yemen through various means.

                  5.

                     Ahmed Ali Abdullah Saleh (alias: Ahmed Ali Abdullah Al-Ahmar)

                     Title: Former Ambassador, former Brigadier General. Date of birth:25.7.1972. Nationality: Yemeni. Passport No: a) Yemeni passport number 17979 issued under name Ahmed Ali Abdullah Saleh (referred to in the diplomatic identity number No: 31/2013/20/003140 below) b) Yemeni passport number 02117777 issued on 8.11.2005 under name Ahmed Ali Abdullah Al-Ahmar c) Yemeni passport number 06070777 issued on 3.12.2014 under name Ahmed Ali Abdullah Al-Ahmar. Address: United Arab Emirates. Other information: Has played a key role in facilitating the Houthi military expansion. Has engaged in acts that threaten the peace, security, or stability of Yemen. Ahmed Saleh is the son of the former President of the Republic of Yemen, Ali Abdullah Saleh (YEi.003). Ahmed Ali Abdullah Saleh comes from an area known as Bayt Al-Ahmar, which lies some 20 kilometres southeast of the capital, Sana'a. Diplomatic identity card No: 31/2013/20/003140, issued on 7.7.2013 by the United Arab Emirates' Ministry of Foreign Affairs under name Ahmed Ali Abdullah Saleh; current status: cancelled. INTERPOL-UN Security Council Special Notice web link: https://www.interpol.int/en/notice/search/un/5895854. Date of UN designation:14.4.2015 (amended on 16.9.2015).
                  Additional information from the narrative summary of reasons for listing provided by the Sanctions Committee:
                  Ahmed Ali Saleh has been working to undermine President Hadi's authority, thwart Hadi's attempts to reform the military, and hinder Yemen's peaceful transition to democracy. Saleh played a key role in facilitating the Houthi military expansion. As of mid-February 2013, Ahmed Ali Saleh had issued thousands of new rifles to Republican Guard brigades and unidentified tribal shaykhs. The weapons were originally procured in 2010 and reserved to purchase the loyalties of the recipients for political gain at a later date.
                  After Saleh's father, former Republic of Yemen President Ali Abdullah Saleh, stepped down as President of Yemen in 2011, Ahmed Ali Saleh retained his post as commander of Yemen's Republican Guard. A little over a year later, Saleh was dismissed by President Hadi but he retained significant influence within the Yemeni military, even after he was removed from command. Ali Abdullah Saleh was designated by the UN under UNSCR 2140 in November 2014.


title: Commission Implementing Regulation (EU) No 842/2011 of 19 August 2011 establishing standard forms for the publication of notices in the field of public procurement and repealing Regulation (EC) No 1564/2005  Text with EEA relevance

text:
               27.8.2011

               EN

               Official Journal of the European Union

               L 222/1

         COMMISSION IMPLEMENTING REGULATION (EU) No 842/2011
   of 19 August 2011
   establishing standard forms for the publication of notices in the field of public procurement and repealing Regulation (EC) No 1564/2005
   (Text with EEA relevance)
   THE EUROPEAN COMMISSION,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to Council Directive 89/665/EEC of 21 December 1989 on the coordination of the laws, regulations and administrative provisions relating to the application of review procedures to the award of public supply and public works contracts (1), and in particular Article 3a thereof,
   Having regard to Council Directive 92/13/EEC of 25 February 1992 coordinating the laws, regulations and administrative provisions relating to the application of Community rules on the procurement procedures of entities operating in the water, energy, transport and telecommunications sectors (2), and in particular Article 3a thereof,
   Having regard to Directive 2004/17/EC of the European Parliament and of the Council of 31 March 2004 coordinating the procurement procedures of entities operating in the water, energy, transport and postal services sectors (3), and in particular Articles 44(1) and 63(1) thereof,
   Having regard to Directive 2004/18/EC of the European Parliament and of the Council of 31 March 2004 on the coordination of procedures for the award of public works contracts, public supply contracts and public service contracts (4), and in particular Articles 36(1), 58(2), 64(2) and 70(1) thereof,
   Having regard to Directive 2009/81/EC of the European Parliament and the Council of 13 July 2009 on the coordination of procedures for the award of certain works contracts, supply contracts and service contracts by contracting authorities in the field of defence and security, and amending Directives 2004/17/EC and 2004/18/EC (5), and in particular Articles 32(1), 52(2) and 64 thereof,
   After consulting the Advisory Committee for Public Contracts,
   Whereas:

               (1)

               Directives 89/665/EEC and 2004/18/EC require that public supply, public works and public service should be advertised in the Official Journal of the European Union. The notices for those publications should include the information set out in those Directives.

               (2)

               Directives 92/13/EEC and 2004/17/EC require that public procurement contracts in the water, energy, transport and telecommunications sectors should be advertised in the Official Journal of the European Union. The notices for those publications should include the information set out in those Directives.

               (3)

               Directive 2009/81/EC requires that certain works contracts, supply contracts and service contracts in the field of defence and security are to be advertised in the Official Journal of the European Union. The notices for that publication should include the information set out in that Directive.

               (4)

               Commission Regulation (EC) No 1564/2005 of 7 September 2005 establishing standard forms for the publication of notices in the field of public procurement (6) sets out the standard forms provided for by Directives 2004/17/EC and 2004/18/EC and by Directives 89/665/EEC and 92/13/EEC.

               (5)

               In order to comply with Directive 2009/81/EC and to ensure the full effectiveness of Directives 89/665/EEC, 92/13/EEC, 2004/17/EC and 2004/18/EC, it is necessary to adapt and complement, the standard forms annexed to Regulation (EC) No 1564/2005. It is also appropriate to update certain elements of the standard forms in order to take into account technical progress. Given the number and extent of the necessary adjustments, Regulation (EC) No 1564/2005 should be replaced.

               (6)

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

         HAS ADOPTED THIS REGULATION:
   Article 1
   Contracting entities shall use, for the publication in the Official Journal of the European Union of the notices referred to in Articles 41 to 44 and 63 of Directive 2004/17/CE, the standard forms set out in Annexes IV to IX, XII and XIII to this Regulation.
   Article 2
   Contracting authorities shall use, for the publication in the Official Journal of the European Union of the notices referred to in Articles 35, 36, 58, 64, 69 and 70 of Directive 2004/18/EC, the standard forms set out in Annexes I, II, III and VIII to XIII to this Regulation.
   Article 3
   Contracting authorities and contracting entities shall use, for the publication in the Official Journal of the European Union of the notice referred to in Article 3a of Directives 89/665/EEC and 92/13/EEC, the standard form set out in Annex XIV to this Regulation.
   Article 4
   Contracting authorities and contracting entities shall use, for the publication in the Official Journal of the European Union of the notices referred to in Articles 30, 32, 52 et 64 of Directive 2009/81/EC, the standard forms set out in Annexes XV to XVIII to this Regulation.
   Article 5
   Regulation (EC) No 1564/2005 is repealed.
   Article 6
   This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.

      This Regulation shall be binding in its entirety and directly applicable in all Member States.
      Done at Brussels, 19 August 2011.

            For the Commission

            The President

         José Manuel BARROSO

      (1)  OJ L 395, 30.12.1989, p. 33.

      (2)  OJ L 76, 23.3.1992, p. 14.

      (3)  OJ L 134, 30.4.2004, p. 1.

      (4)  OJ L 134, 30.4.2004, p. 114.

      (5)  OJ L 216, 20.8.2009, p. 76.

      (6)  OJ L 257, 1.10.2005, p. 1.

      List of Annexes

                  Annex I:

                  :

                  Standard form 1

                  :

                  ‘Prior information notice’

                  Annex II:

                  :

                  Standard form 2

                  :

                  ‘Contract notice’

                  Annex III:

                  :

                  Standard form 3

                  :

                  ‘Contract award notice’

                  Annex IV:

                  :

                  Standard form 4

                  :

                  ‘Periodic indicative notice – Utilities’

                  Annex V:

                  :

                  Standard form 5

                  :

                  ‘Contract notice – Utilities’

                  Annex VI:

                  :

                  Standard form 6

                  :

                  ‘Contract award notice – Utilities’

                  Annex VII:

                  :

                  Standard form 7

                  :

                  ‘Qualification system – Utilities’

                  Annex VIII:

                  :

                  Standard form 8

                  :

                  ‘Notice on a buyer profile’

                  Annex IX:

                  :

                  Standard form 9

                  :

                  ‘Simplified contract notice on a dynamic purchasing system’

                  Annex X:

                  :

                  Standard form 10

                  :

                  ‘Public works concession’

                  Annex XI:

                  :

                  Standard form 11

                  :

                  ‘Contract notice - Contracts to be awarded by a concessionaire who is not a contracting authority’

                  Annex XII:

                  :

                  Standard form 12

                  :

                  ‘Design contest notice’

                  Annex XIII:

                  :

                  Standard form 13

                  :

                  ‘Results of design contest’

                  Annex XIV:

                  :

                  Standard form 15

                  :

                  ‘Voluntary ex ante transparency notice’

                  Annex XV:

                  :

                  Standard form 16

                  :

                  ‘Prior information notice – Defence and Security’

                  Annex XVI:

                  :

                  Standard form 17

                  :

                  ‘Contract notice – Defence and Security’

                  Annex XVII:

                  :

                  Standard form 18

                  :

                  ‘Contract award notice – Defence and Security’

                  Annex XVIII:

                  :

                  Standard form 19

                  :

                  ‘Subcontract notice – Defence and Security’

         ANNEX I

         ANNEX II

         ANNEX III

         ANNEX IV

         ANNEX V

         ANNEX VI

         ANNEX VII

         ANNEX VIII

         ANNEX IX

         ANNEX X

         ANNEX XI

         ANNEX XII

         ANNEX XIII

         ANNEX XIV

         ANNEX XV

         ANNEX XVI

         ANNEX XVII

         ANNEX XVIII


title: Commission Implementing Regulation (EU) No 889/2012 of 27 September 2012 amending Annex I to Regulation (EC) No 669/2009 implementing Regulation (EC) No 882/2004 of the European Parliament and of the Council as regards the increased level of official controls on imports of certain feed and food of non-animal origin  Text with EEA relevance

text:
               28.9.2012

               EN

               Official Journal of the European Union

               L 263/26

         COMMISSION IMPLEMENTING REGULATION (EU) No 889/2012
   of 27 September 2012
   amending Annex I to Regulation (EC) No 669/2009 implementing Regulation (EC) No 882/2004 of the European Parliament and of the Council as regards the increased level of official controls on imports of certain feed and food of non-animal origin
   (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 882/2004 of the European Parliament and of the Council of 29 April 2004 on official controls performed to ensure the verification of compliance with feed and food law, animal health and animal welfare rules (1), and in particular Article 15(5) thereof,
   Whereas:

               (1)

               Commission Regulation (EC) No 669/2009 (2) lays down rules concerning the increased level of official controls to be carried out on imports of feed and food of non-animal origin listed in Annex I thereto (‘the list’), at the points of entry into the territories referred to in Annex I to Regulation (EC) No 882/2004.

               (2)

               Article 2 of Regulation (EC) No 669/2009 provides that the list is to be reviewed on a regular basis, and at least quarterly, taking into account at least the sources of information referred to in that Article.

               (3)

               The occurrence and relevance of food incidents notified through the Rapid Alert System for Food and Feed (RASFF), the findings of missions to third countries carried out by the Food and Veterinary Office, as well as the quarterly reports on consignments of feed and food of non-animal origin submitted by Member States to the Commission in accordance with Article 15 of Regulation (EC) No 669/2009 indicate that the list should be amended.

               (4)

               In particular, for consignments of Brassica oleracea (‘Chinese broccoli’) from China, the information sources indicate a degree of non-compliance with the relevant safety requirements, thereby warranting the introduction of an increased level of official controls. An entry concerning those consignments should therefore be included in the list.

               (5)

               In the interest of consistency and clarity of Union legislation, it is appropriate to replace Annex I to Regulation (EC) No 669/2009 by the text in the Annex to this Regulation.

               (6)

               Regulation (EC) No 669/2009 should therefore be amended accordingly.

               (7)

               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 I to Regulation (EC) No 669/2009 is replaced by the text in the Annex to this Regulation.
   Article 2
   This Regulation shall enter into force on the third day following that of its publication in the Official Journal of the European Union.
   It shall apply from 1 October 2012.

      This Regulation shall be binding in its entirety and directly applicable in all Member States.
      Done at Brussels, 27 September 2012.

            For the Commission

            The President

         José Manuel BARROSO

      (1)  OJ L 165, 30.4.2004, p. 1.

      (2)  OJ L 194, 25.7.2009, p. 11.

      ANNEX

            ‘ANNEX I

               Feed and food of non-animal origin subject to an increased level of official controls at the designated point of entry

                        Feed and food
                        (intended use)

                        CN code (1)

                        Country of origin

                        Hazard

                        Frequency of physical and identity checks
                        (%)

                        Hazelnuts
                        (in shell or shelled)

                        0802 21 00; 0802 22 00

                        Azerbaijan (AZ)

                        Aflatoxins

                        10

                           (Feed and food)

                                    —

                                    Groundnuts (peanuts), in shell

                                    —

                                 1202 41 00

                        Brazil (BR)

                        Aflatoxins

                        10

                                    —

                                    Groundnuts (peanuts), shelled

                                    —

                                 1202 42 00

                                    —

                                    Peanut butter

                                    —

                                 2008 11 10

                                    —

                                    Groundnuts (peanuts), otherwise prepared or preserved

                                    —

                                    2008 11 91; 2008 11 96; 2008 11 98

                           (Feed and food)

                           Brassica oleracea

                        (other edible Brassica, “Chinese broccoli”) (13)

                        ex 0704 90 90

                        China (CN)

                        Pesticide residues analysed with multi-residue methods based on GC-MS and LC-MS or with single-residue methods (14)

                        10

                           (Food — fresh or chilled)

                        Dried noodles

                        ex 1902

                        China (CN)

                        Aluminium

                        10

                           (Food)

                        Pomelos

                        ex 0805 40 00

                        China (CN)

                        Pesticide residues analysed with multi-residue methods based on GC-MS and LC-MS or with single-residue methods (11)

                        20

                           (Food — fresh)

                        Tea, whether or not flavoured

                        0902

                        China (CN)

                        Pesticide residues analysed with multi-residue methods based on GC-MS and LC-MS or with single-residue methods (10)

                        10

                           (Food)

                                    —

                                    Yardlong beans
                                    (Vigna unguiculata spp. sesquipedalis)

                                    —

                                    ex 0708 20 00; ex 0710 22 00

                        Dominican Republic (DO)

                        Pesticide residues analysed with multi-residue methods based on GC-MS and LC-MS or with single-residue methods (3)

                        20

                                    —

                                    Bitter melon

                                       (Momordica charantia)

                                    —

                                    ex 0709 99 90; ex 0710 80 95

                                    —

                                    Peppers (sweet and other than sweet) (Capsicum spp.)

                                    —

                                    0709 60 10; ex 0709 60 99; 0710 80 51; ex 0710 80 59

                                    —

                                    Aubergines

                                    —

                                    0709 30 00; ex 0710 80 95

                           (Food — fresh, chilled or frozen vegetables)

                                    —

                                    Oranges (fresh or dried)

                                    —

                                    0805 10 20; 0805 10 80

                        Egypt (EG)

                        Pesticide residues analysed with multi-residue methods based on GC-MS and LC-MS or with single-residue methods (7)

                        10

                                    —

                                    Peaches (excluding nectarines)

                                    —

                                 0809 30 90

                                    —

                                    Pomegranates

                                    —

                                 ex 0810 90 75

                                    —

                                    Strawberries

                                    —

                                 0810 10 00

                           (Food — fresh fruits and vegetables)

                        Peppers (sweet and other than sweet) (Capsicum spp.)

                        0709 60 10; ex 0709 60 99; 0710 80 51; ex 0710 80 59

                        Egypt (EG)

                        Pesticide residues analysed with multi-residue methods based on GC-MS and LC-MS or with single-residue methods (12)

                        10

                           (Food — fresh, chilled or frozen)

                                    —

                                    Groundnuts (peanuts), in shell

                                    —

                                 1202 41 00

                        Ghana (GH)

                        Aflatoxins

                        50

                                    —

                                    Groundnuts (peanuts), shelled

                                    —

                                 1202 42 00

                                    —

                                    Peanut butter

                                    —

                                 2008 11 10

                           (Feed and food)

                        Curry leaves (Bergera/Murraya koenigii)

                        ex 1211 90 85

                        India (IN)

                        Pesticide residues analysed with multi-residue methods based on GC-MS and LC-MS or with single residue methods (5)

                        50

                           (Food — fresh herbs)

                                    —

                                       Capsicum annuum, whole

                                    —

                                 0904 21 10

                        India (IN)

                        Aflatoxins

                        20

                                    —

                                       Capsicum annuum, crushed or ground

                                    —

                                 ex 0904 22 00

                                    —

                                    Dried fruit of the genus Capsicum or of the genus Pimenta, whole, other than sweet peppers (Capsicum annuum)

                                    —

                                 0904 21 90

                                    —

                                    Curry (chilli products)

                                    —

                                 0910 91 05

                                    —

                                    Nutmeg

                                       (Myristica fragrans)

                                    —

                                    0908 11 00, 0908 12 00

                                    —

                                    Mace

                                       (Myristica fragrans)

                                    —

                                    0908 21 00, 0908 22 00

                                    —

                                    Ginger

                                       (Zingiber officinale)

                                    —

                                    0910 11 00, 0910 12 00

                                    —

                                       Curcuma longa (turmeric)

                                    —

                                 0910 30 00

                           (Food — dried spices)

                                    —

                                    Groundnuts (peanuts), in shell

                                    —

                                 1202 41 00

                        India (IN)

                        Aflatoxins

                        20

                                    —

                                    Groundnuts (peanuts), in shell

                                    —

                                 1202 42 00

                                    —

                                    Peanut butter

                                    —

                                 2008 11 10

                                    —

                                    Groundnuts (peanuts), otherwise prepared or preserved

                                    —

                                    2008 11 91; 2008 11 96; 2008 11 98

                           (Feed and food)

                        Feed additives and premixtures

                        ex 2309; 2917 19 90; ex 2817 00 00; ex 2820 90 10; ex 2820 90 90; ex 2821 10 00; ex 2825 50 00; ex 2833 21 00; ex 2833 25 00; ex 2833 29 20; ex 2833 29 80; ex 2835; ex 2836; ex 2839; 2936

                        India (IN)

                        Cadmium and lead

                        10

                           (Feed)

                        Okra

                        ex 0709 99 90

                        India (IN)

                        Pesticide residues analysed with multi-residue methods based on GC-MS and LC-MS or with single-residue methods (2)

                        50

                           (Food — fresh)

                        Nutmeg

                           (Myristica fragrans)

                                    —

                                    0908 11 00, 0908 12 00

                        Indonesia (ID)

                        Aflatoxins

                        20

                        Mace

                           (Myristica fragrans)

                                    —

                                    0908 21 00, 0908 22 00

                           (Food — dried spices)

                        Watermelon (Egusi, Citrullus lanatus) seeds and derived products

                        ex 1207 70 00; ex 1106 30 90; ex 2008 99 99

                        Nigeria (NG)

                        Aflatoxins

                        50

                           (Food)

                                    —

                                       Capsicum annuum, whole

                                    —

                                 0904 21 10

                        Peru (PE)

                        Aflatoxins and Ochratoxin A

                        10

                                    —

                                       Capsicum annuum, crushed or ground

                                    —

                                 ex 0904 22 00

                                    —

                                    Dried fruit of the genus Capsicum or of the genus Pimenta, whole, other than sweet peppers (Capsicum annuum)

                                    —

                                 0904 21 90

                           (Food — dried spice)

                        Peppers (other than sweet) (Capsicum spp.)

                        ex 0709 60 99

                        Thailand (TH)

                        Pesticide residues analysed with multi-residue methods based on GC-MS and LC-MS or with single-residue methods (9)

                        10

                           (Food — fresh)

                                    —

                                    Coriander leaves

                                    —

                                 ex 0709 99 90

                        Thailand (TH)

                        Salmonella (6)

                        10

                                    —

                                    Basil (holy, sweet)

                                    —

                                 ex 1211 90 85

                                    —

                                    Mint

                                    —

                                 ex 1211 90 85

                           (Food — fresh herbs)

                                    —

                                    Coriander leaves

                                    —

                                 ex 0709 99 90

                        Thailand (TH)

                        Pesticide residues analysed with multi-residue methods based on GC-MS and LC-MS or with single-residue methods (4)

                        20

                                    —

                                    Basil (holy, sweet)

                                    —

                                 ex 1211 90 85

                           (Food — fresh herbs)

                                    —

                                    Yardlong beans
                                    (Vigna unguiculata spp. sesquipedalis)

                                    —

                                    ex 0708 20 00; ex 0710 22 00

                        Thailand (TH)

                        Pesticide residues analysed with multi-residue methods based on GC-MS and LC-MS or with single-residue methods (4)

                        50

                                    —

                                    Aubergines

                                    —

                                    0709 30 00; ex 0710 80 95

                                    —

                                    Brassica vegetables

                                    —

                                    0704; ex 0710 80 95

                           (Food — fresh, chilled or frozen vegetables)

                                    —

                                    Sweet peppers (Capsicum annuum)

                                    —

                                    0709 60 10; 0710 80 51

                        Turkey (TR)

                        Pesticide residues analysed with multi-residue methods based on GC-MS and LC-MS or with single-residue methods (8)

                        10

                                    —

                                    Tomatoes

                                    —

                                    0702 00 00; 0710 80 70

                           (Food — fresh, chilled or frozen vegetables)

                        Dried grapes (vine fruit)

                        0806 20

                        Uzbekistan (UZ)

                        Ochratoxin A

                        50

                           (Food)

                                    —

                                    Groundnuts (peanuts), in shell

                                    —

                                 1202 41 00

                        South Africa (ZA)

                        Aflatoxins

                        10

                                    —

                                    Groundnuts (peanuts), shelled

                                    —

                                 1202 42 00

                                    —

                                    Peanut butter

                                    —

                                 2008 11 10

                                    —

                                    Groundnuts (peanuts), otherwise prepared or preserved

                                    —

                                    2008 11 91; 2008 11 96; 2008 11 98

                           (Feed and food)

         (1)  Where only certain products under any CN code are required to be examined and no specific subdivision under that code exists in the goods nomenclature, the CN code is marked “ex” (for example, ex 1006 30: only Basmati rice for direct human consumption is included).

         (2)  In particular residues of: Acephate, Methamidophos, Triazophos, Endosulfan, Monocrotophos, Methomyl, Thiodicarb, Diafenthiuron, Thiamethoxam, Fipronil, Oxamyl, Acetamiprid, Indoxacarb, Mandipropamid.

         (3)  In particular residues of: Amitraz, Acephate, Aldicarb, Benomyl, Carbendazim, Chlorfenapyr, Chlorpyrifos, CS2 (Dithiocarbamates), Diafenthiuron, Diazinon, Dichlorvos, Dicofol, Dimethoate, Endosulfan, Fenamidone, Imidacloprid, Malathion, Methamidophos, Methiocarb, Methomyl, Monocrotophos, Omethoate, Oxamyl, Profenofos, Propiconazole, Thiabendazol, Thiacloprid.

         (4)  In particular residues of: Acephate, Carbaryl, Carbendazim, Carbofuran, Chlorpyriphos, Chlorpyriphos-methyl, Dimethoate, Ethion, Malathion, Metalaxyl, Methamidophos, Methomyl, Monocrotophos, Omethoate, Prophenophos, Prothiophos, Quinalphos, Triadimefon, Triazophos, Dicrotophos, EPN, Triforine.

         (5)  In particular residues of: Triazophos, Oxydemeton-methyl, Chlorpyriphos, Acetamiprid, Thiamethoxam, Clothianidin, Methamidophos, Acephate, Propargite, Monocrotophos.

         (6)  Reference method EN/ISO 6579 or a method validated against it as referred to in Article 5 of Commission Regulation (EC) No 2073/2005 (OJ L 338, 22.12.2005, p. 1).

         (7)  In particular residues of: Carbendazim, Cyfluthrin Cyprodinil, Diazinon, Dimethoate, Ethion, Fenitrothion, Fenpropathrin, Fludioxonil, Hexaflumuron, Lambda-cyhalothrin, Methiocarb, Methomyl, Omethoate, Oxamyl, Phenthoate, Thiophanate-methyl.

         (8)  In particular residues of: Methomyl, Oxamyl, Carbendazim, Clofentezine, Diafenthiuron, Dimethoate, Formetanate, Malathion, Procymidone, Tetradifon, Thiophanate-methyl.

         (9)  In particular residues of: Carbofuran, Methomyl, Omethoate, Dimethoate, Triazophos, Malathion, Profenofos, Prothiofos, Ethion, Carbendazim, Triforine, Procymidone, Formetanate.

         (10)  In particular residues of: Buprofezin; Imidacloprid; Fenvalerate and Esfenvalerate (Sum of RS & SR isomers); Profenofos; Trifluralin; Triazophos; Triadimefon and Triadimenol (sum of triadimefon and triadimenol), Cypermethrin (cypermethrin including other mixtures of constituent isomers (sum of isomers)).

         (11)  In particular residues of: Triazofos, Triadimefon and Triadimenol (sum of triadimefon and triadimenol), Parathion-methyl, Fenthoate, Methidathion.

         (12)  In particular residues of: Carbofuran (sum), Chlorpyrifos, Cypermethrin (sum), Cyproconazole, Dicofol (sum), Difenoconazole, Dinotefuran, Ethion, Flusilazole, Folpet, Prochloraz, Profenofos, Propiconazole, Thiophanate-methyl and Triforine.

         (13)  Species of Brassica oleracea L. convar. Botrytis (L) Alef var. Italica Plenck, cultivar alboglabra. Also know as “Kai Lan”, “Gai Lan”, “Gailan”, “Kailan”, “Chinese bare Jielan”.

         (14)  In particular residues of: Chlorfenapyr, Fipronil, Carbendazim, Acetamiprid, Dimethomorph and Propiconazole.’


title: Commission Implementing Regulation (EU) 2017/1167 of 26 June 2017 concerning the classification of certain goods in the Combined Nomenclature

text:
                  1.7.2017

                  EN

                  Official Journal of the European Union

                  L 170/50

            COMMISSION IMPLEMENTING REGULATION (EU) 2017/1167
      of 26 June 2017
      concerning the classification of certain goods in the Combined Nomenclature
      THE EUROPEAN COMMISSION,
      Having regard to the Treaty on the Functionig 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 3 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 3 months from the date of entry into force of this Regulation.
      Article 3
      This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.

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

                     A knitted brassière (61 % nylon, 20 % elastane, 12 % cotton, 7 % viscose), with adjustable broad padded shoulder straps, centrally positioned over the breasts, with shaped cups and elastication at the back part of the base.
                     There is an embroidered design on the shoulder straps and cups and a decorative bow at the centre front.
                     The article is closed by means of an adjustable ‘hook and eye fastening’.
                     The brassière has a lining in the cups, with side openings for the insertion of padding for the enhancement of breasts (aesthetic purposes) or for the insertion of breast forms following a mastectomy.
                     See images (*1).

                     6212 10 90

                     Classification is determined by general rules 1 and 6 for the interpretation of the Combined Nomenclature and by the wording of CN codes 6212 , 6212 10  and 6212 10 90 .
                     The article has the objective characteristics (the form and the construction) of a brassière of heading 6212 , which includes brassières of all kinds (see also the Harmonised System Explanatory Notes to heading 6212 , second paragraph (1)).
                     Although the article can also be worn by women following a mastectomy, classification under heading 9021  as an orthopaedic appliance or as a part or accessory of an artificial part of the body is excluded because, at the time of importation, the objective characteristics of the product are those of a brassière of heading 6212  and do not give any indication of the final use (for aesthetic or medical purposes).
                     The side openings do not make the brassière a product of heading 9021  as they can serve both for the insertion of breast forms following a mastectomy and for the insertion of padding for the enhancement of breasts (aesthetic purposes). Similarly, the broad shoulder straps, centrally positioned over the breasts are a common feature for bigger cup brassières of heading 6212 .
                     Therefore, the article is to be classified under CN code 6212 10 90  as a brassière.

            (*1)  The images are purely for information.


title: Commission Implementing Regulation (EU) No 573/2012 of 28 June 2012 establishing the standard import values for determining the entry price of certain fruit and vegetables

text:
               29.6.2012

               EN

               Official Journal of the European Union

               L 169/53

         COMMISSION IMPLEMENTING REGULATION (EU) No 573/2012
   of 28 June 2012
   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, 28 June 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 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

                  TR

                  52,3

                  ZZ

                  52,3

                  0707 00 05

                  TR

                  103,2

                  ZZ

                  103,2

                  0709 93 10

                  TR

                  105,9

                  ZZ

                  105,9

                  0805 50 10

                  AR

                  86,8

                  UY

                  89,3

                  ZA

                  113,3

                  ZZ

                  96,5

                  0808 10 80

                  AR

                  111,4

                  BR

                  93,3

                  CL

                  99,4

                  NZ

                  121,0

                  US

                  121,2

                  UY

                  57,1

                  ZA

                  94,7

                  ZZ

                  99,7

                  0809 10 00

                  TR

                  188,4

                  ZZ

                  188,4

                  0809 29 00

                  TR

                  430,8

                  ZZ

                  430,8

         (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) No 916/2011 of 13 September 2011 amending the representative prices and additional import duties for certain products in the sugar sector fixed by Regulation (EU) No 867/2010 for the 2010/11 marketing year

text:
               14.9.2011

               EN

               Official Journal of the European Union

               L 237/19

         COMMISSION IMPLEMENTING REGULATION (EU) No 916/2011
   of 13 September 2011
   amending the representative prices and additional import duties for certain products in the sugar sector fixed by Regulation (EU) No 867/2010 for the 2010/11 marketing year
   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 951/2006 of 30 June 2006 laying down detailed rules for the implementation of Council Regulation (EC) No 318/2006 as regards trade with third countries in the sugar sector (2), and in particular Article 36(2), second subparagraph, second sentence thereof,
   Whereas:

               (1)

               The representative prices and additional duties applicable to imports of white sugar, raw sugar and certain syrups for the 2010/11 marketing year are fixed by Commission Regulation (EU) No 867/2010 (3). These prices and duties have been last amended by Commission Implementing Regulation (EU) No 913/2011 (4).

               (2)

               The data currently available to the Commission indicate that those amounts should be amended in accordance with the rules and procedures laid down in Regulation (EC) No 951/2006,

         HAS ADOPTED THIS REGULATION:
   Article 1
   The representative prices and additional duties applicable to imports of the products referred to in Article 36 of Regulation (EC) No 951/2006, as fixed by Regulation (EU) No 867/2010 for the 2010/11 marketing year, are hereby amended as set out in the Annex hereto.
   Article 2
   This Regulation shall enter into force on 14 September 2011.

      This Regulation shall be binding in its entirety and directly applicable in all Member States.
      Done at Brussels, 13 September 2011.

            For the Commission, On behalf of the President,

         José Manuel SILVA RODRÍGUEZ

            Director-General for Agriculture and Rural Development

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

      (2)  OJ L 178, 1.7.2006, p. 24.

      (3)  OJ L 259, 1.10.2010, p. 3.

      (4)  OJ L 236, 13.9.2011, p. 4.

      ANNEX

         Amended representative prices and additional import duties applicable to white sugar, raw sugar and products covered by CN code 1702 90 95 from 14 September 2011

                  (EUR)

                  CN code

                  Representative price per 100 kg net of the product concerned

                  Additional duty per 100 kg net of the product concerned

                  1701 11 10 (1)

                  50,94

                  0,00

                  1701 11 90 (1)

                  50,94

                  0,00

                  1701 12 10 (1)

                  50,94

                  0,00

                  1701 12 90 (1)

                  50,94

                  0,00

                  1701 91 00 (2)

                  56,75

                  0,44

                  1701 99 10 (2)

                  56,75

                  0,00

                  1701 99 90 (2)

                  56,75

                  0,00

                  1702 90 95 (3)

                  0,57

                  0,18

         (1)  For the standard quality defined in point III of Annex IV to Regulation (EC) No 1234/2007.

         (2)  For the standard quality defined in point II of Annex IV to Regulation (EC) No 1234/2007.

         (3)  Per 1 % sucrose content.