title: Commission Implementing Regulation (EU) 2020/402 of 14 March 2020 making the exportation of certain products subject to the production of an export authorisation

text:
                  15.3.2020

                  EN

                  Official Journal of the European Union

                  LI 77/1

         COMMISSION IMPLEMENTING REGULATION (EU) 2020/402
         of 14 March 2020
         making the exportation of certain products subject to the production of an export authorisation
         THE EUROPEAN COMMISSION,
         Having regard to the Treaty on the Functioning of the European Union,
         Having regard to Regulation (EU) 2015/479 of the European Parliament and of the Council of 11 March 2015 on common rules for exports (1), and in particular Article 5 thereof,
         Whereas:

                     (1)

                     Since the outbreak of the epidemiological crisis caused by the coronavirus SARS-CoV-2, the disease associated with it, the COVID-19, has been spreading fast across the world, reaching also the Union’s territory. According to the European Centre for Disease Prevention and Control, the risk associated with COVID-19 infections for people in the Union is currently considered to be moderate to high, based on the probability of transmission and the impact of the disease. The virus spreads rapidly within the Union, and might have an enormous public health impact with substantial fatal outcomes in high-risk groups and significant economic and societal disruption.

                     (2)

                     In this context, the need for personal protective equipment, as detailed in Annex 1, has already increased significantly. Given its nature and the prevailing circumstances, such type of equipment is an essential product since it is necessary to prevent the further spreading of the disease, and safeguard the health of medical staff treating infected patients.

                     (3)

                     In line with Council Conclusions of the Health Ministers Council on 13 February 2020, a procurement procedure for personal protective equipment has been launched under the Joint Procurement Agreement for medical countermeasures. According to an indicative time-line and depending on the market situation, it might be finalized as of beginning of April.

                     (4)

                     The demand for medical protective equipment has been exacerbated in the last days and is expected to continue increasing significantly in the imminent future with accompanying shortages developing in several Member States. Constraints exist throughout the EU single market to meet customers demand for the relevant Personal Protective Equipment, in particular mouth protection masks. At this moment in time, there are on-going efforts to increase manufacturing capabilities. This may feed into review of the measure as necessary and as situation evolves.

                     (5)

                     Production of personal protective equipment such as mouth protection masks in the Union is currently concentrated in a limited number of Member States, namely the Czech Republic, France, Germany, and Poland. Despite the fact that increased production has been encouraged, the current level of Union production and existing stocks will not be sufficient to meet the demand within the Union. This is particularly the case as this demand rises as a result of the epidemic situation and the personal protective equipment can be exported without restriction to other parts of the world.

                     (6)

                     Some third countries have already officially decided to restrict exports of protective equipment. Others seems to have taken similar actions on a more informal basis. Some of these countries are also traditional suppliers to the Union market and this is further exerting pressure on the Union market.

                     (7)

                     In order to remedy and prevent a critical situation, it is in the Union interest that the Commission takes an immediate action of a limited duration in order to ensure that exports of personal protective equipment are subject to an authorisation in order to ensure adequacy of supply in the Union in order to meet the vital demand.

                     (8)

                     Exports of certain quantities of specific products may be authorised under specific circumstances such as to ensure assistance provided to third countries, and depending on the needs of the Member States. The administrative modalities for these authorisations should be left to the discretion of the Member States during the time of these temporary measures.

                     (9)

                     There are vital needs of protective equipment within the Union with regard to hospitals, patients, field workers, civil protection authorities. Such vital needs are constantly monitored through the Union civil protection mechanism.

                     (10)

                     Whereas this measure at present applies to personal protective equipment, as detailed in Annex 1, a need may arise to review the scope of the Annex and products covered by this Regulation.

                     (11)

                     Due to the urgency of the situation, justified by the fast spreading of the COVID-19 infection, the measures provided for in this Regulation should be taken in accordance with Article 3(3) of Regulation (EU) 2015/479.

                     (12)

                     In order to prevent speculative depletion of stocks, this implementing Regulation should enter into force on the day of its publication. In accordance with Article 5(5) of Regulation (EU) 2015/479, these measures should have a duration of six weeks,

               HAS ADOPTED THIS REGULATION:

            Article 1
            Export authorisation

               1.   An export authorisation established in accordance with the form set out in Annex II shall be required for the export outside the Union of personal protective equipment listed in Annex I, whether or not originating in the Union. Such authorisation shall be granted by the competent authorities of the Member State where the exporter is established and shall be issued in writing or by electronic means.

               2.   Without the production of such export authorisation, the exportation is prohibited.

            Article 2
            Procedural aspects

               1.   If the protective equipment is located in one or more Member States other than the one where the application for export authorisation has been made, that fact shall be indicated in the application. The competent authorities of the Member State to which the application for export authorisation has been made shall immediately consult the competent authorities of the Member State or States in question and provide the relevant information. The Member State or States consulted shall make known within 10 working days any objections it or they may have to the granting of such an authorisation, which shall bind the Member State in which the application has been made.

               2.   Member States shall process applications for export authorisations within a period of time to be determined by national law or practice, which shall not exceed 5 working days, from the date on which all required information has been provided to the competent authorities. Under exceptional circumstances and for duly justified reasons, that period may be extended by a further period of 5 working days.

               3.   In deciding whether to grant an export authorisation under this Regulation, Member States shall take into account all relevant considerations including, where appropriate, whether the export serves, inter alia:

                           —

                           to fulfil supply obligations under a joint procurement procedure in accordance with Article 5 of Decision No 1082/2013/EU of the European Parliament and of the Council of 22 October 2013 on serious cross-border threats to health (2);

                           —

                           to support concerted support actions coordinated by the Integrated Political Crisis Response Mechanism (IPCR), the European Commission or other Union institutions;

                           —

                           to respond to the requests of assistance addressed to and handled by the UPCM (Union Civil Protection Mechanism), by third countries or international organisations;

                           —

                           to support the statutory activities of support companies abroad that enjoy protection under the Geneva Convention, and in so far as they do not impair the ability to work as a national support company;

                           —

                           to support the activities of the World Health Organisation’s (WHO) Global Outbreak Alert & Response Network (GOARN);

                           —

                           to supply foreign operations of EU Member States including, military operations, international police missions and/or civilian international peacekeeping missions;

                           —

                           for the supply of EU and Member State delegations abroad.

               4.   Member States may decide to make use of electronic documents for the purpose of processing the applications for export authorisation.

            Article 3
            Final provisions
            This Regulation shall enter into force on the day of its publication in the Official Journal of the European Union and apply for a period of six weeks. It shall automatically cease to apply at the end of this six weeks period.

            This Regulation shall be binding in its entirety and directly applicable in all Member States.
            Done at Brussels, 14 March 2020.

                  For the Commission

                  The President

               Ursula VON DER LEYEN

            (1)  OJ L 83, 27.3.2015, p. 34.

            (2)  OJ L 293, 5.11.2013, p. 1.

            ANNEX I
            Protective Equipment
            The equipment listed in this Annex is in conformity with the provisions of Regulation (EU) 2016/425 (1).

                        Category

                        Description

                        CN Codes

                        Protective spectacles and visors

                                    —

                                    Protection against potentially infectious material,

                                    —

                                    Encircling the eyes and surroundings,

                                    —

                                    Compatible with different models of filtering facepiece (FFP) masks and facial masks,

                                    —

                                    Transparent lens,

                                    —

                                    Reusable (can be cleaned and disinfected) or single-use items

                        ex 9004 90 10
                        ex 9004 90 90

                        Face shields

                                    —

                                    Equipment for the protection of the facial area and associated mucous membranes (ex: eyes, nose, mouth) against potentially infectious material,

                                    —

                                    Includes a visor of transparent material,

                                    —

                                    Usually includes fixations to secure over the face (e.g.: bands, temples)

                                    —

                                    Can include a mouth-nose protection equipment as described below,

                                    —

                                    Reusable (can be cleaned and disinfected) or disposable

                        ex 3926 90 97
                        ex 9020 00 00

                        Mouth-nose-protection equipment

                                    —

                                    Masks for the protection of the wearer against potentially infectious material and for the protection of the environment against potentially infectious material spread by the wearer,

                                    —

                                    Can include a face shield as described above,

                                    —

                                    Whether or not equipped with a replaceable filter

                        ex 6307 90 98
                        ex 9020 00 00

                        Protective garments

                        Garment (e.g. gown, suit) for the protection of the wearer against potentially infectious material and for the protection of the environment against potentially infectious material spread by the wearer

                        ex 3926 20 00
                        ex 4015 90 00
                        ex 6113 00
                        ex 6114
                        ex 6210 10 10
                        6210 10 92
                        ex 6210 10 98
                        ex 6210 20 00
                        ex 6210 30 00
                        ex 6210 40 00
                        ex 6210 50 00
                        ex 6211 32 10
                        ex 6211 32 90
                        ex 6211 33 10
                        ex 6211 33 90
                        ex 6211 39 00
                        ex 6211 42 10
                        ex 6211 42 90
                        ex 6211 43 10
                        ex 6211 43 90
                        ex 6211 49 00
                        ex 9020 00 00

                        Gloves

                        Gloves for the protection of the wearer against potentially infectious material and for the protection of the environment against potentially infectious material spread by the wearer

                        ex 3926 20 00
                        4015 11 00
                        ex 4015 19 00
                        ex 6116 10 20
                        ex 6116 10 80
                        ex 6216 00 00

               (1)  Regulation (EU) 2016/425 of the European Parliament and of the Council of 9 March 2016 on personal protective equipment and repealing Council Directive 89/686/EEC (OJ L 81, 31.3.2016, p. 51).

            ANNEX II
            Model for export authorisation forms referred to in Article 1
            When granting export authorisations, Member States will strive to ensure the visibility of the nature of the authorisation on the form issued. This is an export authorisation valid in all Member States of the European Union until its expiry date.

                        EUROPEAN UNION

                        Export of personal protective equipment (Regulation (EU) 2020/402)

                                    1.

                                    Exporter
                                    (EORI number if applicable)

                                    2.

                                    Authorisation number

                                    3.

                                    Expiry date

                                    4.

                                    Issuing authority

                                    5.

                                    Destination country

                                    6.

                                    Final recipient

                                    7.

                                    Commodity code

                                    8.

                                    Quantity

                                    9.

                                    Unit

                                    10.

                                    Description of the goods

                                    11.

                                    Location

                                    7.

                                    Commodity code

                                    8.

                                    Quantity

                                    9.

                                    Unit

                                    10.

                                    Description of the goods

                                    11.

                                    Location

                                    7.

                                    Commodity code

                                    8.

                                    Quantity

                                    9.

                                    Unit

                                    10.

                                    Description of the goods

                                    11.

                                    Location

                                    7.

                                    Commodity code

                                    8.

                                    Quantity

                                    9.

                                    Unit

                                    10.

                                    Description of the goods

                                    11.

                                    Location

                                    12.

                                    Signature, place and date, stamp

               Explanatory notes to the export authorisation form

            The completion of all the boxes is mandatory except when stated otherwise.
            Boxes 7 to 11 are repeated 4 times to allow requesting an authorisation for 4 different products.

                        Box 1

                        Exporter

                        Full name and address of the exporter for whom the authorisation is issued + EORI number if applicable.

                        Box 2

                        Authorisation number

                        The authorisation number is completed by the authority issuing the export authorisation and has the following format: XXyyyy999999, where XX is the 2-letter geonomenclature code (1) of the issuing Member State, yyyy is the 4-digit year of issuance of the authorisation, 999999 is a 6-digit number unique within XXyyyy and attributed by the issuing authority.

                        Box 3

                        Expiry date

                        The issuing authority can define an expiry date for the authorisation. This expiry date cannot be later than 6 weeks after the entry into force of this regulation.
                        If no expiry date is defined by the issuing authority, the authorisation expires at the latest 6 weeks after the entry into force of this regulation.

                        Box 4

                        Issuing authority

                        Full name and address of the Member State authority that issued the export authorisation.

                        Box 5

                        Destination country

                        2-letter geonomenclature code of the country of destination of the goods for which the authorisation is issued.

                        Box 6

                        Final recipient

                        Full name and address of the final recipient of the goods, if known at the time of issuance + EORI number if applicable. If the final recipient is not known at the time of issuance, the field is left empty.

                        Box 7

                        Commodity code

                        The numerical code from the Harmonised System or the Combined Nomenclature (2) under which the goods to export are classified when the authorisation is issued.

                        Box 8

                        Quantity

                        The quantity of goods measured in the unit declared in box 9.

                        Box 9

                        Unit

                        The measurement unit in which the quantity declared in box 8 is expressed. The units to use are "P/ST" for goods counted by number of pieces (e.g. masks), and "PA" for goods counted by pairs (e.g. gloves).

                        Box 10

                        Description of the goods

                        Plain language description precise enough to allow identification the goods.

                        Box 11

                        Location

                        The geonomenclature code of the Member State where the goods are located. If the goods are located in the Member State of the issuing authority, this box must be left empty.

                        Box 12

                        Signature, stamp, place and date,

                        The signature and stamp of the issuing authority. The place and the date of issuance of the authorisation.

               (1)  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).

               (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).


title: Commission Implementing Regulation (EU) 2020/404 of 12 March 2020 amending Regulation (EC) No 594/2009 concerning the classification of certain goods in the Combined Nomenclature

text:
                  17.3.2020

                  EN

                  Official Journal of the European Union

                  L 80/1

         COMMISSION IMPLEMENTING REGULATION (EU) 2020/404
         of 12 March 2020
         amending Regulation (EC) No 594/2009 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)

                     By Commission Regulation (EC) No 594/2009 (2), a product described in the row corresponding to item 1 in the table in the Annex to that Regulation as consisting of vinylidene fluoride and hexafluoro propylene copolymer in primary form has been classified under CN code 3904 69 90.

                     (2)

                     By Commission Regulation (EU) No 861/2010 (3) CN code ‘3904 69 90 Other’ was replaced by CN codes ‘3904 69 20 Fluoroelastomer FKM’ and ‘3904 69 80 Other’ to introduce a specific CN code for fluoroelastomers FKM.

                     (3)

                     By Commission Implementing Regulation (EU) No 441/2013 (4) CN code 3904 69 90 was replaced by CN code 3904 69 80 in the Annex to Regulation (EC) No 594/2009. Thus, classification of the product described in the row corresponding to item 1 in the table in the Annex to Regulation (EC) No 594/2009 under ‘other’ was maintained contrary to the general rule that the heading which provides for the most specific description is to be preferred to headings providing a more general description.

                     (4)

                     Products such as the one described in the row corresponding to item 1 in the table set out in the Annex to Regulation (EC) No 594/2009 are to be classified in the specific CN code 3904 69 20‘Fluoroelastomers FKM’ but not in the residual subheading ‘other’.

                     (5)

                     As a consequence, the row for point 1 in the table set out in the Annex to Regulation (EC) No 594/2009 should be deleted.

                     (6)

                     It is appropriate to provide that binding tariff information issued on the basis of Regulation (EU) No 594/2009 in respect of the goods concerned by 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.

                     (7)

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

               HAS ADOPTED THIS REGULATION:

            Article 1
            Regulation (EC) No 594/2009 is amended as follows:

                        (1)

                        in Article 2, the following paragraph is added:
                        ‘Binding tariff information issued in accordance with this Regulation as amended by Implementing Regulation (EU) No 441/2013 in respect of the goods described in column (1) of point 1 of the table set out in the Annex to this Regulation in its version adopted on 8 July 2009 may continue to be invoked in accordance with Article 34(9) of Regulation (EU) No 952/2013 for a period of three months from 6 April 2020.’;

                        (2)

                        the row for point 1 in the table set out in the Annex is deleted.

            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, 12 March 2020.

                  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)  Commission Regulation (EC) No 594/2009 of 8 July 2009 concerning the classification of certain goods in the Combined Nomenclature (OJ L 178, 9.7.2009, p. 14).

            (3)  Commission Regulation (EU) No 861/2010 of 5 October 2010 amending Annex I to Council Regulation (EEC) No 2658/87 on the tariff and statistical nomenclature and on the Common Customs Tariff (OJ L 284, 29.10.2010, p. 1).

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


title: Commission Implementing Regulation (EU) 2020/405 of 16 March 2020 specifying the arrangements for, and contents of, the quality reports to be transmitted under Regulation (EU) 2018/1091 of the European Parliament and of the Council on integrated farm statistics (Text with EEA relevance)

text:
                  17.3.2020

                  EN

                  Official Journal of the European Union

                  L 80/3

         COMMISSION IMPLEMENTING REGULATION (EU) 2020/405
         of 16 March 2020
         specifying the arrangements for, and contents of, the quality reports to be transmitted under Regulation (EU) 2018/1091 of the European Parliament and of the Council on integrated farm statistics
         (Text with EEA relevance)
         THE EUROPEAN COMMISSION,
         Having regard to the Treaty on the Functioning of the European Union,
         Having regard to Regulation (EU) 2018/1091 of the European Parliament and of the Council of 18 July 2018 on integrated farm statistics and repealing Regulations (EC) No 1166/2008 and (EU) No 1337/2011 (1), and in particular Article 11(4) thereof,
         Whereas:

                     (1)

                     Article 11(4) of Regulation (EU) 2018/1091 requires the Member States to transmit to the Commission quality reports describing the statistical process for each reference year, and allows the Commission to adopt implementing acts setting out the practical arrangements for, and the contents of, those reports.

                     (2)

                     There is a need to ensure common quality reporting for the exchange of quality-related data and metadata.

                     (3)

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

               HAS ADOPTED THIS REGULATION:

            Article 1
            This Regulation lays down the practical arrangements for, and the contents of, the quality reports that Member States transmit to the Commission (Eurostat) in accordance with Regulation (EU) 2018/1091.

            Article 2
            The quality reports referred to in Article 1 shall contain information on the quality criteria and statistical concepts as set out in the Annex to this Regulation. They shall also refer to all cases of non-compliance with those quality criteria.

            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, 16 March 2020.

                  For the Commission

                  The President

               Ursula VON DER LEYEN

            (1)  OJ L 200, 7.8.2018, p. 1.

            ANNEX
            Quality reports – quality criteria and statistical concepts
            (a)
                  The quality reports must include information on all the quality criteria referred to in Article 12(1) of Regulation (EC) No 223/2009, as follows:

            1.   RELEVANCE

                        (a)

                        a description of users, their respective needs and a justification of those needs;

                        (b)

                        procedures used to measure user satisfaction and produce the statistical results;

                        (c)

                        the extent to which the required statistics are available.

                  2.   ACCURACY

                        (a)

                        an accuracy assessment that summarises the various dataset components;

                        (b)

                        a description of sampling errors;

                        (c)

                        a description of any other errors.

                  3.   TIMELINESS AND PUNCTUALITY

                        (a)

                        the time-lag between the event or phenomenon described and the data availability (timeliness);

                        (b)

                        the time-lag between the target date for data delivery and the actual delivery date (punctuality).

                  4.   ACCESSIBILITY AND CLARITY

                        (a)

                        conditions and means by which users can obtain and use the data, e.g. news releases, publications, online databases or micro data access;

                        (b)

                        conditions and means by which users can interpret the data, e.g. documentation on methodology and quality management.

                  5.   COMPARABILITY

                        (a)

                        the extent to which statistics are comparable between geographical areas;

                        (b)

                        the extent to which statistics are comparable over time.

                  6.   COHERENCE

                        (a)

                        the extent to which statistics are reconcilable with data from other sources (cross-domain coherence);

                        (b)

                        the extent to which statistics are consistent within a given dataset (internal coherence).

                  (b)
                  Member States must also report on:

            1.   QUALITY MANAGEMENT

                        (a)

                        the systems and frameworks in place to manage the quality of statistical products and processes;

                        (b)

                        their assessment of the quality of the data.

                  2.   DATA REVISION

                        (a)

                        the revision policy and, if applicable, why validated data has been revised, e.g. new data sources, new methods or other relevant information;

                        (b)

                        the dates, size and magnitude of any revisions.

                  (c)
                  In accordance with Article 11(4) of Regulation (EU) 2018/1091, the quality reports must include information on the statistical process, in particular the methodology and the sampling frame used, as follows:

            1.   STATISTICAL PRESENTATION
            The following aspects of the disseminated data, which can be displayed as tables, graphs or maps:

                        (a)

                        data description;

                        (b)

                        classification system;

                        (c)

                        sector coverage;

                        (d)

                        statistical concepts and definitions;

                        (e)

                        statistical unit;

                        (f)

                        statistical population;

                        (g)

                        reference area (geographical scope);

                        (h)

                        time coverage (length of time for which data are available);

                        (i)

                        reference period (period covered by the report);

                        (j)

                        unit of measurement.

                  2.   STATISTICAL PROCESSING
            The following aspects of all operations performed on data to derive new information:

                        (a)

                        sampling frame;

                        (b)

                        sampling design (if relevant);

                        (c)

                        source data;

                        (d)

                        frequency of data collection;

                        (e)

                        data collection mode including, if relevant, the questionnaires (in English);

                        (f)

                        data validation;

                        (g)

                        data compilation;

                        (h)

                        adjustment.

                  3.   RELEASE POLICY
            The rules for disseminating the data at national level.
            4.   FREQUENCY OF DISSEMINATION
            The frequency with which the data are disseminated at national level.
            (d)
                  In line with the statistical principles in Article 2(1) of Regulation (EC) No

                  223/2009, points (a), (e) and (f), Member States must report on:

            1.   INSTITUTIONAL MANDATE

                        (a)

                        legal acts or other agreements that assign responsibility and authority for the collection, processing and dissemination of statistics;

                        (b)

                        procedures for data sharing and coordination between data-producing entities.

                  2.   CONFIDENTIALITY

                        (a)

                        legislative measures or other formal procedures preventing any unauthorised disclosure of data that could directly or indirectly lead to the identification of a person or economic entity;

                        (b)

                        the rules applying to the treatment of micro data and aggregated data to ensure statistical confidentiality and prevent unauthorised disclosure.

                  3.   COST AND BURDEN

                        (a)

                        the cost and burden associated with the collection and production of the statistical product;

                        (b)

                        the burden on respondents;

                        (c)

                        the average duration of farm interviews (where possible and relevant depending on the data collection mode).


title: Commission Implementing Regulation (EU) 2020/410 of 12 March 2020 approving non-minor amendments to the specification for a name entered in the register of protected designations of origin and protected geographical indications ‘Queso de Valdeón’ (PGI)

text:
                  18.3.2020

                  EN

                  Official Journal of the European Union

                  L 81/1

         COMMISSION IMPLEMENTING REGULATION (EU) 2020/410
         of 12 March 2020
         approving non-minor amendments to the specification for a name entered in the register of protected designations of origin and protected geographical indications ‘Queso de Valdeón’ (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 the first subparagraph of Article 53(1) of Regulation (EU) No 1151/2012, the Commission has examined Spain’s application for the approval of amendments to the specification for the protected geographical indication ‘Queso de Valdeón’, registered under Commission Regulation (EC) No 135/2004 (2).

                     (2)

                     Since the amendments in question are not minor within the meaning of Article 53(2) of Regulation (EU) No 1151/2012, the Commission published the amendment application in the Official Journal of the European Union (3) as required by Article 50(2)(a) of that Regulation.

                     (3)

                     As no statement of opposition under Article 51 of Regulation (EU) No 1151/2012 has been received by the Commission, the amendments to the specification should be approved,

               HAS ADOPTED THIS REGULATION:

            Article 1
            The amendments to the specification published in the Official Journal of the European Union regarding the name ‘Queso de Valdeón’ (PGI) are hereby approved.

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

            This Regulation shall be binding in its entirety and directly applicable in all Member States.
            Done at Brussels, 12 March 2020.

                  For the Commission,

                  On behalf of the President,

               Janusz WOJCIECHOWSKI

                  Member of the Commission

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

            (2)  Commission Regulation (EC) No 135/2004 of 27 January 2004 supplementing the Annex to Regulation (EC) No 2400/96 on the entry of certain names in the Register of protected designations of origin and protected geographical indications (Fraise du Périgord and Queso de Valdeón) (OJ L 21, 28.1.2004, p. 9).

            (3)  OJ C 375, 6.11.2019, p. 30.


title: Commission Implementing Regulation (EU) 2020/412 of 12 March 2020 approving non-minor amendments to the specification for a name entered in the register of protected designations of origin and protected geographical indications (‘Cinta Senese’ (PDO))

text:
                  19.3.2020

                  EN

                  Official Journal of the European Union

                  L 82/1

         COMMISSION IMPLEMENTING REGULATION (EU) 2020/412
         of 12 March 2020
         approving non-minor amendments to the specification for a name entered in the register of protected designations of origin and protected geographical indications (‘Cinta Senese’ (PDO))
         THE EUROPEAN COMMISSION,
         Having regard to the Treaty on the Functioning of the European Union,
         Having regard to Regulation (EU) No 1151/2012 of the European Parliament and of the Council of 21 November 2012 on quality schemes for agricultural products and foodstuffs (1), and in particular Article 52(2) thereof,
         Whereas:

                     (1)

                     Pursuant to the first subparagraph of Article 53(1) of Regulation (EU) No 1151/2012, the Commission has examined Italy’s application for the approval of amendments to the specification for the protected designation of origin ‘Cinta Senese’, registered under Commission Implementing Regulation (EU) No 217/2012 (2).

                     (2)

                     Since the amendments in question are not minor within the meaning of Article 53(2) of Regulation (EU) No 1151/2012, the Commission published the amendment application in the Official Journal of the European Union (3) as required by Article 50(2)(a) of that Regulation.

                     (3)

                     As no statement of opposition under Article 51 of Regulation (EU) No 1151/2012 has been received by the Commission, the amendments to the specification should be approved,

               HAS ADOPTED THIS REGULATION:

            Article 1
            The amendments to the specification published in the Official Journal of the European Union regarding the name ‘Cinta Senese’ (PDO) are hereby approved.

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

            This Regulation shall be binding in its entirety and directly applicable in all Member States.
            Done at Brussels, 12 March 2020.

                  For the Commission,

                  On behalf of the President,

               Janusz WOJCIECHOWSKI

                  Member of the Commission

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

            (2)  Commission Implementing Regulation (EU) No 217/2012 of 13 March 2012 entering a name in the register of protected designations of origin and protected geographical indications (Cinta Senese (PDO)) (OJ L 75, 15.3.2012, p. 1).

            (3)  OJ C 393, 20.11.2019, p. 3.


title: Commission Implementing Regulation (EU) 2019/561 of 8 April 2019 granting Cape Verde a temporary derogation from the rules on preferential origin laid down in Delegated Regulation (EU) 2015/2446, in respect of prepared or preserved fillets of tuna

text:
                  9.4.2019

                  EN

                  Official Journal of the European Union

                  L 98/13

         COMMISSION IMPLEMENTING REGULATION (EU) 2019/561
         of 8 April 2019
         granting Cape Verde a temporary derogation from the rules on preferential origin laid down in Delegated Regulation (EU) 2015/2446, in respect of prepared or preserved fillets of tuna
         THE EUROPEAN COMMISSION,
         Having regard to the Treaty on the Functioning of the European Union,
         Having regard to Regulation (EU) No 952/2013 of the European Parliament and of the Council of 9 October 2013 laying down the Union Customs Code (1), and in particular Articles 64(6) and 66(b) thereof,
         Whereas:

                     (1)

                     Cape Verde is a country benefiting from the generalised system of preferences referred to in Regulation (EU) No 978/2012 of the European Parliament and of the Council (2) as the GSP. The rules on preferential origin for the purposes of the GSP, other than procedural rules, are laid down in Commission Delegated Regulation (EU) 2015/2446 (3).

                     (2)

                     By letter dated 22 October 2018, Cape Verde submitted a request for a prolongation of the temporary derogation from the rules on preferential origin laid down in Delegated Regulation (EU) 2015/2446, which had been granted by Commission Implementing Regulation (EU) 2017/967 (4). The request was for an annual volume of 5 000 tonnes of prepared or preserved tuna for a period pending entry into force of the new Economic Partnership Agreement (‘EPA’) between the Union and West Africa initialled on 30 June 2014. Under the derogation requested these products would be considered as originating in Cape Verde even if, despite being produced in Cape Verde, they were produced from non-originating fish.

                     (3)

                     In its request for a derogation, Cape Verde explained that the quantities of tuna that its fleet currently captures in its own waters is small and, in the absence of a derogation, the fleet available for fishing beyond its territorial waters is limited. Moreover, the tuna-fishing season is confined to four months of the year. This reduces the opportunities to catch originating tuna. Another important element is that Cape Verde has recently developed its port infrastructure. As a result, larger quantities of tuna can now be handled and the tuna-fishing industry therefore has the opportunity to grow now. Lastly, the request emphasised the difficulties that Cape Verde faces as a result of delays in the entry into force of the EPA between the Union and West Africa. It also emphasised Cape Verde's need for a derogation from the rules on preferential origin in order to compensate for the fact that it is not yet possible to rely on the cumulation rules under the EPA, given that the legal situation of this Agreement has not evolved.

                     (4)

                     The arguments in the request demonstrate that, without the derogation, the ability of the Cape Verdean fish processing industry to export the products in question to the Union under the GSP would be significantly affected. This might deter further development of the Cape Verdean fleet for small pelagic fishing and hinder future compliance by Cape Verde with the rules of origin applicable to these products.

                     (5)

                     Cape Verde should therefore be granted a temporary derogation from the requirement under the rules on preferential origin that products incorporating materials which have not been wholly obtained in the beneficiary country must have undergone sufficient working or processing in order to be considered as originating in that country. The derogation should be for an annual volume of 5 000 tonnes of prepared or preserved tuna. The duration of the derogation should be limited to a period of one year in order to assess the capacity and efforts of Cape Verde to prepare itself to comply with the rules of origin for the products concerned. If, however, the EPA enters into force before the end of that one-year period, the derogation should expire on the day immediately preceding the date on which the EPA enters into force.

                     (6)

                     The quantities set out in the Annex to this Regulation should be managed in accordance with Articles 49 to 54 of Commission Implementing Regulation (EU) 2015/2447 (5) which govern the management of tariff quotas.

                     (7)

                     The derogation should be granted on the condition that the customs authorities of Cape Verde take the necessary steps to carry out quantitative checks on exports of the products subject to derogation, and that they forward to the Commission a statement of the quantities in respect of which certificates of origin Form A have been issued pursuant to this Regulation and the serial numbers of those certificates. Should the Registered Exporter (REX) system, according to Article 79 of Implementing Regulation (EU) 2015/2447, enter into application in Cape Verde during the year 2019, the same rule should also be applicable to statements on origin made out by registered exporters.

                     (8)

                     The measures provided for in this Regulation should enter into force as soon as possible after its publication in order to take into account the situation of Cape Verde and to allow this country to use the derogation without any further delay.

                     (9)

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

               HAS ADOPTED THIS REGULATION:

            Article 1
            By way of derogation from Articles 41(b) and 45 of Delegated Regulation (EU) 2015/2446, prepared or preserved tuna of CN code 1604 14, 1604 20 and 0304 87 produced in Cape Verde from non-originating fish shall be regarded as originating in Cape Verde in accordance with Articles 2, 3 and 4 of this Regulation.

            Article 2

               1.   The derogation shall apply to products which have been both exported from Cape Verde and declared for release for free circulation in the Union during the period from 1 January 2019 until:

                           (a)

                           31 December 2019 or

                           (b)

                           if the Economic Partnership Agreement between the Union and West Africa initialled on 30 June 2014 (‘EPA’) enters into force on or before 31 December 2019, then the day immediately preceding the date of entry into force of the EPA.

               2.   The derogation shall apply to products up to the annual quantity listed in the Annex.

               3.   Application of the derogation is subject to compliance with the conditions laid down in Article 43 of Delegated Regulation (EU) 2015/2446.

            Article 3
            The quantities set out in the Annex to this Regulation shall be managed in accordance with Articles 49 to 54 of Implementing Regulation (EU) 2015/2447, which govern the management of tariff quotas.

            Article 4
            The derogation is granted on the following conditions:

                        (1)

                        The customs authorities of Cape Verde shall take the necessary steps to carry out quantitative checks on exports of the products referred to in Article 1.

                        (2)

                        The following mention shall be entered in box 4 of certificate of origin Form A issued by the competent authorities of Cape Verde pursuant to this Regulation: ‘Derogation — Commission Implementing Regulation (EU) 2019/561’. In case of application of the Registered Exporter (REX) system to Cape Verde in 2019, that mention shall be entered on the statements on origin made out by the registered exporters.

                        (3)

                        Every quarter, the competent authorities of Cape Verde shall forward to the Commission a statement of the quantities in respect of which certificates of origin and/or statements on origin have been issued or made out pursuant to this Regulation and the serial numbers of those proofs.

            Article 5
            This Regulation shall enter into force on the day following its publication in the Official Journal of the European Union.
            It shall apply from 1 January 2019.

            This Regulation shall be binding in its entirety and directly applicable in all Member States.
            Done at Brussels, 8 April 2019.

                  For the Commission

                  The President

               Jean-Claude JUNCKER

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

            (2)  Regulation (EU) No 978/2012 of the European Parliament and of the Council of 25 October 2012 applying a scheme of generalised tariff preferences and repealing Council Regulation (EC) No 732/2008 (OJ L 303, 31.10.2012, p. 1).

            (3)  Commission Delegated Regulation (EU) 2015/2446 of 28 July 2015 supplementing Regulation (EU) No 952/2013 of the European Parliament and of the Council as regards detailed rules concerning certain provisions of the Union Customs Code (OJ L 343, 29.12.2015, p. 1).

            (4)  Commission Implementing Regulation (EU) 2017/967 of 8 June 2017 granting Cape Verde a temporary derogation from the rules on preferential origin laid down in Delegated Regulation (EU) 2015/2446, in respect of prepared or preserved fillets of tuna (OJ L 146, 9.6.2017, p. 10).

            (5)  Commission Implementing Regulation (EU) 2015/2447 of 24 November 2015 laying down detailed rules for implementing certain provisions of Regulation (EU) No 952/2013 of the European Parliament and of the Council laying down the Union customs Code (OJ L 343, 29.12.2015, p. 558).

            ANNEX

                        Order No

                        CN code

                        TARIC code

                        Description of goods

                        Periods

                        Annual quantity (in tonnes net weight)

                        09.1602

                        1604 14 21 00
                        1604 14 26 90
                        1604 14 28 00
                        1604 20 70 50
                        1604 20 70 55
                        1604 14 31 90
                        1604 14 36 90
                        1604 14 38 00
                        1604 20 70 99
                        0304 87 00 90
                        1604 14 41 20
                        1604 14 46 29
                        1604 14 48 20
                        1604 20 70 45
                        0304 87 00 20
                        1604 14 41 30
                        1604 14 48 30

                        10

                        Prepared or preserved fillets and loins of skipjack (Katsuwonus pelamis)
                        Prepared or preserved fillets and loins of yellowfin tuna (Thunnus albacares)
                        Prepared or preserved fillets and loins of bigeye tuna (Thunnus obesus)
                        Prepared white tuna (Thunnus alalunga)

                        1.1.2019 to the date determined in accordance with Article 2(1)

                        5 000  tonnes


title: Commission Implementing Regulation (EU) 2019/619 of 17 April 2019 on the minimum selling price for skimmed milk powder for the 35th partial invitation to tender within the tendering procedure opened by Implementing Regulation (EU) 2016/2080

text:
                  17.4.2019

                  EN

                  Official Journal of the European Union

                  LI 106/1

         COMMISSION IMPLEMENTING REGULATION (EU) 2019/619
         of 17 April 2019
         on the minimum selling price for skimmed milk powder for the 35th partial invitation to tender within the tendering procedure opened by Implementing Regulation (EU) 2016/2080
         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) 2016/1240 of 18 May 2016 laying down rules for the application of Regulation (EU) No 1308/2013 of the European Parliament and of the Council with regard to public intervention and aid for private storage (2), and in particular Article 32 thereof,
         Whereas:

                     (1)

                     Commission Implementing Regulation (EU) 2016/2080 (3) has opened the sale of skimmed milk powder by a tendering procedure.

                     (2)

                     In the light of the tenders received for the 35th partial invitation to tender, a minimum selling price should be fixed.

                     (3)

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

               HAS ADOPTED THIS REGULATION:

            Article 1
            For the 35th partial invitation to tender for the selling of skimmed milk powder within the tendering procedure opened by Implementing Regulation (EU) 2016/2080, in respect of which the period during which tenders were to be submitted ended on 16 April 2019, the minimum selling price shall be 166,00 EUR/100 kg.

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

            This Regulation shall be binding in its entirety and directly applicable in all Member States.
            Done at Brussels, 17 April 2019.

                  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 206, 30.7.2016, p. 71.

            (3)  Commission Implementing Regulation (EU) 2016/2080 of 25 November 2016 opening the sale of skimmed milk powder by a tendering procedure (OJ L 321, 29.11.2016, p. 45).