title: Commission Implementing Regulation (EU) 2016/1922 of 20 October 2016 entering a name in the register of protected designations of origin and protected geographical indications [Poularde du Périgord (PGI)]

text:
               4.11.2016

               EN

               Official Journal of the European Union

               L 297/12

         COMMISSION IMPLEMENTING REGULATION (EU) 2016/1922
   of 20 October 2016
   entering a name in the register of protected designations of origin and protected geographical indications [Poularde du Périgord (PGI)]
   THE EUROPEAN COMMISSION,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to Regulation (EU) No 1151/2012 of the European Parliament and of the Council of 21 November 2012 on quality schemes for agricultural products and foodstuffs (1), and in particular Article 52(2) thereof,
   Whereas:

               (1)

               Pursuant to Article 50(2)(a) of Regulation (EU) No 1151/2012, France's application to register the name ‘Poularde du Périgord’ was published in the Official Journal of the European Union
                   (2).

               (2)

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

         HAS ADOPTED THIS REGULATION:
   Article 1
   The name ‘Poularde du Périgord’ (PGI) is hereby entered in the register.
   The name specified in the first paragraph denotes a product in Class 1.1. Fresh meat (and offal), as listed in Annex XI to Commission Implementing Regulation (EU) No 668/2014 (3).
   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, 20 October 2016.

            For the Commission,

            On behalf of the President,

         Phil HOGAN

            Member of the Commission

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

      (2)  OJ C 228, 24.6.2016, p. 3.

      (3)  Commission Implementing Regulation (EU) No 668/2014 of 13 June 2014 laying down rules for the application of Regulation (EU) No 1151/2012 of the European Parliament and of the Council on quality schemes for agricultural products and foodstuffs (OJ L 179, 19.6.2014, p. 36).


title: Commission Implementing Regulation (EU) No 1189/2011 of 18 November 2011 laying down detailed rules in relation to certain provisions of Council Directive 2010/24/EU concerning mutual assistance for the recovery of claims relating to taxes, duties and other measures

text:
               19.11.2011

               EN

               Official Journal of the European Union

               L 302/16

         COMMISSION IMPLEMENTING REGULATION (EU) No 1189/2011
   of 18 November 2011
   laying down detailed rules in relation to certain provisions of Council Directive 2010/24/EU concerning mutual assistance for the recovery of claims relating to taxes, duties and other measures
   THE EUROPEAN COMMISSION,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to Council Directive 2010/24/EU of 16 March 2010 concerning mutual assistance for the recovery of claims relating to taxes, duties and other measures (1), and in particular Article 26 thereof,
   Whereas:

               (1)

               Directive 2010/24/EU has substantially changed the rules concerning mutual assistance for the recovery of claims relating to taxes, duties and other measures and newly determined the implementing powers of the Commission, in relation to those laid down in Council Directive 2008/55/EC (2). Therefore, it is appropriate to replace the existing implementing rules adopted by the Commission by a new implementing Regulation.

               (2)

               In order to ensure a fast communication between the competent authorities, detailed rules should be adopted with regard to the practical arrangements and the time periods for communication between the requested and the applicant authorities.

               (3)

               In order to ensure legal certainty, it is appropriate to specify that the validity of documents is not affected by the fact that they are transmitted electronically.

               (4)

               In order to confirm that documents transmitted by post are sent by a competent authority, it is appropriate to provide specific rules with regard to this way of communication.

               (5)

               In order to ensure that appropriate data and information are transmitted, models of the standard form accompanying the request for notification and of the instrument permitting enforcement in the requested Member State should be established.

               (6)

               In order to ensure legal certainty, it is appropriate to state expressly the legal effect of the notifications made by the requested Member State at the request of the applicant Member State.

               (7)

               In order to ensure legal certainty, it is also appropriate to specify that the notification or communication of the uniform instrument permitting enforcement in the requested Member State does not have any effect on the consequences of the notification of the initial instrument permitting enforcement, and that the revised instrument permitting enforcement in the requested Member State does not have any effect on the initial claim or the initial instrument permitting enforcement.

               (8)

               Commission Regulation (EC) No 1179/2008 of 28 November 2008 laying down detailed rules for implementing certain provisions of Council Directive 2008/55/EC on mutual assistance for the recovery of claims relating to certain levies, duties, taxes and other measures (3) should be repealed.

               (9)

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

         HAS ADOPTED THIS REGULATION:
   CHAPTER I

      GENERAL PROVISIONS

   Article 1
   This Regulation lays down the detailed rules for implementing Article 5(1), Articles 8, 10, 12(1), Article 13(2), (3), (4) and (5), Articles 15, 16(1) and 21(1) of Directive 2010/24/EU, including the detailed rules on conversion, transfer of sums recovered, as well as the means by which communications between authorities may be transmitted.
   Article 2
   1.   All requests for information, notification, recovery or precautionary measures pursuant to Articles 5(1), 8, 10 and 16(1) of Directive 2010/24/EU (hereinafter ‘the requests for assistance’) and all accompanying instruments, forms and other documents, as well as any other information communicated with regard to these requests shall be sent by the CCN network, unless this is impracticable for technical reasons.
   2.   Documents transmitted in electronic form or print outs thereof shall be deemed to have the same legal effect as documents transmitted by post.
   3.   If a request cannot be transmitted by CCN network, it shall be transmitted by post. In that case the following rules shall apply:

               (a)

               the request shall be signed by an official of the applicant authority, duly authorised to make such a request;

               (b)

               the standard form accompanying the notification request, referred to in the second subparagraph of Article 8(1) of Directive 2010/24/EU (hereafter ‘the uniform notification form’) or the uniform instrument permitting enforcement in the requested Member State referred to in Article 12 of that Directive shall be signed by a duly authorized official of the applicant authority;

               (c)

               if the request is accompanied by a copy of a document other than the uniform notification form or the uniform instrument permitting enforcement in the requested Member State, the applicant authority shall certify the conformity of this copy with the original, by stating in this copy, in the official language or one of the official languages of the Member State in which it is situated, the words ‘certified a true copy’, the name of the certifying official and the date of that certification.

         For the purposes of point (b) of the first subparagraph, the Member States shall use the uniform notification form established in accordance with the model set out in Annex I to this Regulation and the uniform instrument permitting enforcement in the requested Member State established in accordance with the model set out in Annex II to this Regulation.
   4.   Where the uniform notification form or the uniform instrument permitting enforcement in the requested Member State are transmitted by electronic means, their structure and lay-out may be adapted to the requirements of the electronic communication system in order to facilitate the communication between the competent authorities, provided that the set of data and information therein is not substantially altered with regard to the models set out in Annexes I and II.
   Article 3
   1.   The applicant authority may make a request for assistance in respect of either a single claim or several claims where those are recoverable from one and the same person.
   2.   A request for information, recovery or precautionary measures may relate to any of the following persons:

               (a)

               the principal debtor or a co-debtor;

               (b)

               a person other than a (co-)debtor, liable for settlement of the taxes, duties and other measures, or for other claims relating to these taxes, duties and other measures under the law in force in the Member State in which the applicant authority is situated;

               (c)

               any third party holding assets belonging to or having debts towards one of the persons referred to in points (a) or (b).

         Article 4
   Information and other particulars communicated by the requested authority to the applicant authority pursuant to Articles 5(1), 8, 10 and 16(1) of Directive 2010/24/EU shall be conveyed in the official language or one of the official languages of the Member State of the requested authority or in another language agreed between the applicant and requested authorities.
   Article 5
   If the requested authority refuses to handle a request for assistance, it shall notify the applicant authority of the reasons for its refusal, specifying the provisions of Directive 2010/24/EU on which it relies. Such notification shall be given by the requested authority as soon as it has taken its decision and in any event within 1 month of the date of the acknowledgement of the receipt of the request.
   Article 6
   Each request for information or for recovery or precautionary measures shall indicate whether a similar request has been addressed to any other authority.
   CHAPTER II

      REQUESTS FOR INFORMATION

   Article 7
   The requested authority shall acknowledge receipt of the request for information as soon as possible and in any event within seven calendar days of such receipt.
   Upon receipt of the request the requested authority shall, where appropriate, ask the applicant authority to provide any additional information necessary. The applicant authority shall provide all additional necessary information to which it normally has access.
   Article 8
   1.   The requested authority shall transmit each item of requested information to the applicant authority as and when it is obtained.
   2.   Where, with respect to the particularity of a case, all or some of the requested information cannot be obtained within a reasonable time the requested authority shall inform the applicant authority thereof and state the reasons.
   In any event, at the end of 6 months from the date of acknowledgement of receipt of the request, the requested authority shall inform the applicant authority of the outcome of the investigations which it has conducted in order to obtain the information requested.
   On the basis of the information received from the requested authority, the applicant authority may request the requested authority to continue its investigation. That request shall be made within 2 months of the receipt of the notification of the outcome of the investigations carried out by the requested authority, and shall be treated by the requested authority in accordance with the provisions applying to the initial request.
   Article 9
   The applicant authority may, at any time, withdraw the request for information which it has sent to the requested authority. The decision to withdraw shall be transmitted to the requested authority.
   CHAPTER III

      REQUESTS FOR NOTIFICATION

   Article 10
   1.   Any request for notification shall include the original or a certified copy of each document, notification of which is requested.
   The uniform notification form accompanying the request pursuant to the second subparagraph of Article 8(1) of Directive 2010/24/EU shall be completed by or under the responsibility of the applicant authority. It shall provide information to the addressee with regard to the documents for which notification assistance has been requested.
   2.   With regard to the information mentioned in the uniform notification form, the following shall apply:

               (a)

               the amount of the claim shall be mentioned where already established;

               (b)

               the indication of the period within which notification is to be effected may be done by an indication of the date before which the applicant authority intends the notification to take place.

         Article 11
   The request for notification may relate to any person referred to in Article 3(c) of Directive 2010/24/EU who, in accordance with the law in force in the applicant Member State, is required to be informed of any document which concerns that person.
   Article 12
   1.   The requested authority shall acknowledge receipt of the request for notification as soon as possible and in any event within seven calendar days of such receipt.
   Upon receipt of the request for notification, the requested authority shall take the necessary measures to effect notification in accordance with the law in force in the Member State in which it is situated.
   If necessary, without prejudice to the final date for notification indicated in the request for notification, the requested authority shall ask the applicant authority to provide additional information.
   The applicant authority shall provide all additional information to which it normally has access.
   2.   The requested authority shall inform the applicant authority of the date of notification as soon as this has been effected, by certifying the notification in the request form returned to the applicant authority.
   Article 13
   1.   A notification made by the requested Member State in accordance with the national laws, regulations and administrative practices in force in that State, shall be deemed to have the same effect in the applicant Member State as if it had been made by the applicant Member State itself in accordance with the national laws, regulations and administrative practices in force in the applicant Member State.
   2.   A notification of a document relating to more than one type of tax, duty or other measure, shall be deemed valid if it is made by an authority of the requested Member State which is competent for at least one of the taxes, duties or other measures mentioned in the notified document, provided that it is allowed under the national law of the requested Member State.
   Article 14
   For the purposes of notification, the requested Member State may use the uniform notification form, referred to in Article 10(1) in its official language or in one of its official languages in accordance with its national law.
   CHAPTER IV

      REQUESTS FOR RECOVERY OR FOR PRECAUTIONARY MEASURES

   Article 15
   Requests for recovery or for precautionary measures shall include a declaration that the conditions laid down in Directive 2010/24/EU for initiating the mutual assistance procedure have been fulfilled.
   Article 16
   1.   The uniform instrument permitting enforcement in the requested Member State accompanying the request for recovery or for precautionary measures shall be completed by or under the responsibility of the applicant authority, on the basis of the initial instrument permitting enforcement in the applicant Member State.
   The administrative penalties, fines, fees and surcharges referred to in Article 2(2)(a) of Directive 2010/24/EU and the interest and costs referred to in Article 2(2)(c) of that Directive which, in accordance with the rules in force in the applicant Member State, may be due from the date of the initial instrument permitting enforcement until the date before the date on which the recovery request is sent, may be added in the uniform instrument permitting enforcement in the requested Member State.
   2.   A single uniform instrument permitting enforcement in the requested Member State may be issued in respect of several claims and several persons, corresponding to the initial instrument permitting enforcement in the applicant Member State.
   3.   In so far as initial instruments permitting enforcement for several claims in the applicant Member State have already been replaced by a global instrument permitting enforcement for all these claims in that Member State, the uniform instrument permitting enforcement in the requested Member State may be based on the initial instruments permitting enforcement in the applicant Member State or on that global instrument regrouping those initial instruments in the applicant Member State.
   4.   In order to enforce the claims for which recovery assistance is requested, the requested Member State may use the uniform instrument permitting enforcement in that Member State in its official language or in one of its official languages in accordance with its national law.
   Article 17
   The addressee of a request for recovery or precautionary measures may not rely on the notification or communication of the uniform instrument permitting enforcement in the requested Member State to claim a prolongation or a re-opening of the time period to contest the claim or the initial instrument permitting enforcement if that has been validly notified.
   Article 18
   1.   If the currency of the requested Member State is different from the currency of the applicant Member State, the applicant authority shall express the amount of the claim to be recovered in both currencies.
   2.   The exchange rate to be used for the purposes of the recovery assistance shall be the last exchange rate published in the Official Journal of the European Union before the date the request is sent.
   Article 19
   1.   The requested authority shall, as soon as possible or in any event within seven calendar days of receipt of the request for recovery or for precautionary measures, acknowledge the receipt of the request.
   2.   The requested authority may ask the applicant authority to provide additional information or to complete the uniform instrument permitting enforcement in the requested Member State, if required. The applicant authority shall provide all additional necessary information to which it normally has access.
   Article 20
   1.   Where, with respect to the particularity of a case, all or part of the claim cannot be recovered or precautionary measures cannot be taken within a reasonable time, the requested authority shall inform the applicant authority thereof and state the reasons.
   On the basis of the information received from the requested authority, the applicant authority may request the latter to re-open the procedure for recovery or for precautionary measures. That request shall be made within 2 months of the receipt of the notification of the outcome of that procedure, and shall be treated by the requested authority in accordance with the provisions applying to the initial request.
   2.   No later than at the end of each six-month period following the date of acknowledgement of the receipt of the request, the requested authority shall inform the applicant authority of the state of progress or the outcome of the procedure for recovery or for precautionary measures.
   Article 21
   1.   Any action contesting the claim or the instrument permitting its enforcement which is taken in the Member State of the applicant authority shall be notified to the requested authority by the applicant authority immediately after the applicant authority has been informed of such action.
   2.   If the laws, regulations and administrative practices in force in the requested Member State do not permit precautionary measures or the recovery requested under the second and third subparagraphs of Article 14(4) of Directive 2010/24/EU, the requested authority shall notify the applicant authority thereof as soon as possible and in any event within 1 month of the receipt of the notification referred to in paragraph 1.
   3.   The requested authority shall notify any action taken in the requested Member State for reimbursement of sums recovered or for compensation in relation to recovery of contested claims under the third subparagraph of Article 14(4) of Directive 2010/24/EU to the applicant authority immediately after the requested authority has been informed of such action.
   The requested authority shall as far as possible involve the applicant authority in the procedures for settling the amount to be reimbursed and the compensation due. Upon a reasoned request from the requested authority, the applicant authority shall transfer the sums reimbursed and the compensation paid within 2 months of the receipt of that request.
   Article 22
   1.   If the request for recovery or for precautionary measures becomes devoid of purpose as a result of payment of the claim or of its cancellation or for any other reason, the applicant authority shall immediately inform the requested authority so that the latter may stop any action which it has undertaken.
   2.   Where the amount of the claim which is the subject of the request for recovery or for precautionary measures is adjusted by a decision of the competent body referred to in Article 14(1) of Directive 2010/24/EU, the applicant authority shall inform the requested authority of that decision and, if recovery is requested, communicate a revised uniform instrument permitting enforcement in the requested Member State. This revised uniform instrument permitting enforcement in the requested Member State shall be made by or under the responsibility of the applicant authority, on the basis of the decision adjusting the amount of the claim.
   3.   A revised uniform instrument permitting enforcement in the requested Member State does not have any consequences with regard to the possibilities to contest the initial claim, the initial instrument permitting enforcement in the applicant Member State or the decision referred to in the preceding subparagraph.
   4.   If the adjustment referred to in paragraph 2 entails a reduction in the amount of the claim, the requested authority shall continue its action to take recovery or precautionary measures, but that action shall be limited to the amount still outstanding.
   If, at the time when the requested authority is informed of the reduction in the amount of the claim, an amount exceeding the amount still outstanding has already been recovered by it but the transfer procedure referred to in Article 23 has not yet been initiated, the requested authority shall repay the amount overpaid to the person entitled thereto.
   5.   If the adjustment referred to in paragraph 2 entails an increase in the amount of the claim, the applicant authority may address to the requested authority an additional request for recovery or for precautionary measures.
   That additional request shall, as far as possible, be dealt with by the requested authority at the same time as the initial request from the applicant authority. Where, in view of the state of progress of the existing procedure, consolidation of the additional request with the initial request is not possible, the requested authority shall comply with the additional request only if it concerns an amount not less than that referred to in Article 18(3) of Directive 2010/24/EU.
   6.   In order to convert the amount of the claim resulting from the adjustment referred to in paragraph 2 into the currency of the Member State of the requested authority, the applicant authority shall use the exchange rate used in its initial request.
   Article 23
   1.   The amounts that have to be remitted to the applicant authority, in accordance with Article 13(5) of Directive 2010/24/EU, shall be transferred to the applicant authority in the currency of the requested Member State.
   The transfer of the recovered amounts shall take place within 2 months of the date on which recovery was effected.
   However, if recovery measures applied by the requested authority are contested for a reason not falling within the responsibility of the applicant Member State, the requested authority may wait to transfer any sums recovered in relation to the applicant Member State’s claim, until the dispute is settled, if the following conditions are simultaneously fulfilled:

               (a)

               the requested authority finds it likely that the outcome of this contestation will be favorable to the party concerned, and

               (b)

               the applicant authority has not declared that it will reimburse the sums already transferred if the outcome of that contestation is favorable to the party concerned.

         If the applicant authority has made a declaration to reimburse in accordance with point (b) of the third subparagraph, it shall return the recovered amounts already transferred by the requested authority within 1 month of the receipt of the request for reimbursement. Any other compensation due shall, in that case, be borne solely by the requested authority.
   2.   The competent authorities of the Member States may agree on different arrangements for the transfer of amounts below the threshold applied in accordance with Article 18(3) of Directive 2010/24/EU.
   Article 24
   Regardless of any amounts collected by the requested authority by way of the interest referred to in Article 13(4) of Directive 2010/24/EU, a claim shall be deemed recovered in proportion to the recovery of the amount expressed in the national currency of the Member State of the requested authority, on the basis of the exchange rate referred to in Article 18(2) of this Regulation.
   CHAPTER V

      FINAL PROVISIONS

   Article 25
   Regulation (EC) No 1179/2008 is hereby repealed.
   Article 26
   This Regulation shall enter into force the 20th day following its publication in the Official Journal of the European Union.
   It shall apply from 1 January 2012.

      This Regulation shall be binding in its entirety and directly applicable in all Member States.
      Done at Brussels, 18 November 2011.

            For the Commission

            The President

         José Manuel BARROSO

      (1)  OJ L 84, 31.3.2010, p. 1.

      (2)  OJ L 150, 10.6.2008, p. 28.

      (3)  OJ L 319, 29.11.2008, p. 21.

      ANNEX I

         Uniform notification form providing information about notified document(s) (to be transmitted to the addressee of the notification)
          (1)

      This document, accompanies document(s) hereby notified by the competent authority of [name of requested Member State].
      This notification concerns documents of the competent authorities of [name of applicant Member State], which asked for notification assistance, in accordance with Article 8 of Council Directive 2010/24/EU of 16 March 2010.
      A.   IDENTIFICATION OF THE ADDRESSEE OF THE NOTIFICATION

                  1.

                  Name:

                     2.

                  Address:

                     3.

                  Date of birth:

                     4.

                  Place of birth:

            B.   PURPOSE OF THE NOTIFICATION

                  1.

                  This notification is intended:

                              

                              to inform the addressee, about the document(s) to which this information document is attached,

                              

                              to interrupt the period of limitation with regard to the claim(s) mentioned in the notified document(s),

                              

                              to confirm the addressee, about his/her obligation to pay the amounts mentioned under point C,

                        Please note that in case of non-payment, the authorities may take enforcement and/or precautionary measures to ensure the recovery of the claim(s). This may cause extra costs charged to the addressee.
                  You are the addressee of this notification, as you are considered to be:

                              

                              the principal debtor,

                              

                              a co-debtor,

                              

                              a person other than the (co-)debtor, liable for settlement of the taxes, duties and other measures, or for other claims relating to these taxes, duties and other measures, under the laws in force in the applicant State,

                              

                              a person other than the (co-)debtor, holding assets belonging to, or having debts towards, the (co-)debtor or to any other person liable,

                              

                              a third party which may become affected by enforcement measures concerning other persons,

                     (The following information will appear if the addressee of the notification is a person other than the (co-)debtor, holding assets belonging to, or having debts towards, the (co-)debtor or to any other person liable, or a third party which may become affected by enforcement measures concerning other persons: the notified documents concern claims relating to taxes and duties, for which the following person(s) is (are) liable: [name and address (known or assumed)]).

                  2.

                  The applicant authority of [name of the applicant Member State] invited the competent authorities of [name of the requested Member State] to make this notification before [date]. Please note that this date is not specifically related to any period of limitation.

            C.   DESCRIPTION OF THE NOTIFIED DOCUMENT(S)

                  1.

                  Reference number:
                  Date of establishment:

                  2.

                  Nature of the notified document:

                              

                              Tax assessment,

                              

                              Payment order,

                              

                              Decision following an administrative appeal,

                              

                              Other administrative document:

                              

                              Judgment/order of:

                              

                              Other judicial document,

                  3.

                  Name of the claim concerned (in the language of the applicant Member State):

                  4.

                  Nature of the claim:

                               a)

                              customs duties,

                               b)

                              value added tax,

                               c)

                              excise duties,

                               d)

                              tax on income or capital,

                               e)

                              tax on insurance premiums,

                               f)

                              inheritance and gift taxes,

                               g)

                              national taxes and duties on immovable property, other than the above-mentioned ones,

                               h)

                              national taxes and duties on the use or ownership of means of transport,

                               i)

                              other taxes and duties levied by or on behalf of the applicant State,

                               j)

                              taxes and duties levied by or on behalf of territorial or administrative subdivisions of the applicant State, excluding taxes and duties levied by local authorities,

                               k)

                              taxes and duties levied by or on behalf of local authorities,

                               l)

                              other tax-based claim,

                               m)

                              refunds, interventions and other measures forming part of the system of total or partial financing of the European Agricultural Guarantee Fund (EAGF) and the European Agricultural Fund for Rural Development (EAFRD), including sums to be collected in connection with these actions, and levies and other duties provided for under the common organisation of the market for the sugar sector

                     5.

                  Amount of the claim concerned, in the currency of [Name of the applicant Member State]:

                              

                                 Principal amount:

                              

                                 Administrative penalties and fines:

                              

                                 Interest up to [date]:

                              

                                 Costs up to [date]:

                              

                                 Fees for certificates and similar documents issued in connection with administrative procedures related to the claim mentioned under point 3:

                              

                                 Total amount for this claim:

                     6.

                  The amount mentioned under point 5 should be paid:

                              

                                 before:

                              

                                 within [number] calendar days following the date of this notification,

                              

                                 without any further delay,

                     This payment should be made to:

                     Reference to be used for the payment:

                     7.

                  You can reply to the document(s) that are hereby notified.

                              

                              Last day for replying:

                              

                              Time period for replying:

                     Name and address of the authority to whom a reply can be sent:

                     8.

                  Contestation possibility

                              

                                 The period for contestation of the claim or the notified document(s) has already come to its end,

                              

                                 Last day for contestation:

                              

                                 Time period for contestation:

                              

                                 Name and address of the authority where a contestation has to be submitted:

                     Please note that disputes concerning the claim, the instrument permitting enforcement or any other document originating from the authorities of [name of applicant Member State], fall within the competence of the competent bodies of [name of applicant Member State], in accordance with Article 14 of Council Directive 2010/24/EU.

                     Any such dispute is governed by the procedural and language rules applying in [name of applicant Member State].

                              

                                 Please note that the recovery may begin before the end of the contestation period.

                  9.

                  Office responsible with regard to the attached document(s)
                  Name,
                  Address,

                              

                              Telephone,

                              

                              E-mail,

                              

                              Language in which this office can be contacted,

                  10.

                  Further information about:

                              

                              the notified document(s)

                              

                              and/or the possibility to contest the obligations

                        can be obtained from:

                              

                              the office responsible with regard to the attached document(s), mentioned under point C.9.

                              

                              the following office:

         (1)  The elements put in Italic are optional.

      ANNEX II

         Uniform instrument permitting enforcement in the requested Member State
          (1)

         UNIFORM INSTRUMENT PERMITTING ENFORCEMENT OF CLAIMS COVERED BY COUNCIL DIRECTIVE 2010/24/EU
      Date of issue:
         REVISED UNIFORM INSTRUMENT PERMITTING ENFORCEMENT OF CLAIMS COVERED BY COUNCIL DIRECTIVE 2010/24/EU

         Date of issue of the original uniform instrument:

         Date of revision:

         Reason for the revision:  judgment/order of [name of the Court]  administrative decision of [date]

      Reference number:
      EU Member State where this document is issued:
      Each EU Member State can request recovery assistance from other Member States for unpaid claims referred to in Article 2 of Council Directive 2010/24/EU of 16 March 2010.
      Recovery measures taken by the requested Member State are based on:

                  

                  a uniform instrument permitting enforcement, in accordance with Article 12 of this Directive,

                  

                  a revised uniform instrument permitting enforcement, in accordance with Article 15 of this Directive (to take account of the decision of the competent body referred to in Article 14(1) of this Directive),

            This document is the [revised] uniform instrument permitting enforcement. It concerns the claim(s) mentioned below, which remain(s) unpaid in [name of applicant Member State].The initial instrument for the enforcement of this/these claim(s) has been notified in so far as required under the national law of [name of applicant Member State].
      Disputes concerning the claim(s) fall exclusively within the competence of the competent bodies of [name of applicant Member State], in accordance with Article 14 of Directive 2010/24/EU. Any such action must be brought before them in accordance with the procedural and language rules in force in [name of applicant Member State].
      DESCRIPTION OF THE CLAIM(S) AND THE PERSON(S) CONCERNED
      IDENTIFICATION OF THE CLAIM

                  1.

                  Reference:

                  2.

                  Nature of the claim:

                               a)

                              customs duties,

                               b)

                              value added tax,

                               c)

                              excise duties,

                               d)

                              tax on income or capital,

                               e)

                              tax on insurance premiums,

                               f)

                              inheritance and gift taxes,

                               g)

                              national taxes and duties on immovable property, other than the above-mentioned ones,

                               h)

                              national taxes and duties on the use or ownership of means of transport,

                               i)

                              other taxes and duties levied by or on behalf of the (applicant) State,

                               j)

                              taxes and duties levied by or on behalf of territorial or administrative subdivisions of the (applicant) State, excluding taxes and duties levied by local authorities,

                               k)

                              taxes and duties levied by or on behalf of local authorities,

                               l)

                              other tax-based claim,

                               m)

                              refunds, interventions and other measures forming part of the system of total or partial financing of the European Agricultural Guarantee Fund (EAGF) and the European Agricultural Fund for Rural Development (EAFRD), including sums to be collected in connection with these actions, and levies and other duties provided for under the common organisation of the market for the sugar sector

                  3.

                  Name of the tax/duty concerned:

                  4.

                  Period or date concerned:

                  5.

                  Date establishment of the claim:

                  6.

                  Date on which enforcement becomes possible:

                  7.

                  Amount of the claim (initially due – still due):

                              

                              principal amount:

                              

                              administrative penalties and fines:

                              

                              interest till date before the day the request is sent:

                              

                              costs till date before the day the request is sent:

                              

                              fees for certificates and similar documents issued in connection with administrative procedures related to the tax/duty concerned:

                              

                              total amount of this claim:

                  8.

                  Date of notification of the initial instrument permitting enforcement in [name of the applicant State]

                  9.

                  Office responsible for the assessment of the claim: name, address and other contact details:

                  10.

                  Further information concerning the claim or the possibilities for contesting the payment obligation can be obtained from:

                              

                              the office responsible for the assessment of the claim, mentioned under point 9,

                              

                              the office responsible for the Uniform instrument permitting enforcement: name, address and other contact details,

            IDENTIFICATION OF THE PERSON(S) CONCERNED IN THE NATIONAL INSTRUMENT(S) PERMITTING ENFORCEMENT

                  1.

                  Name

                  2.

                  Address

                  3.

                  Cause of liability:

                              

                              principal debtor,

                              

                              co-debtor,

                              

                              a person other than the (co-)debtor, liable for settlement of the taxes, duties and other measures, or for other claims relating to these taxes, duties and other measures,

         (1)  The elements put in Italic are optional.


title: Commission Implementing Regulation (EU) 2015/1060 of 2 July 2015 concerning the authorisation of betaine anhydrous and betaine hydrochloride as feed additives for all animal species (Text with EEA relevance)

text:
               3.7.2015

               EN

               Official Journal of the European Union

               L 174/3

         COMMISSION IMPLEMENTING REGULATION (EU) 2015/1060
   of 2 July 2015
   concerning the authorisation of betaine anhydrous and betaine hydrochloride 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)

               Betaine anhydrous and betaine hydrochloride 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, three applications were submitted for the re-evaluation of betaine anhydrous and betaine hydrochloride and preparations of these substances as feed additives for all animal species and, in accordance 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)

               Genetically modified sugar beet KM-ØØØH71-4 and feed produced from it were authorised to be placed on the market by Commission Decision 2007/692/EC (3). In accordance with Article 9(6) of Regulation (EC) No 1831/2003 the authorisation of betaine anhydrous produced from genetically modified sugar beet KM-ØØØH71-4 is to include the name of the holder of the authorisation ‘Trouw Nutritional International BV’ and the unique identifier attributed to the genetically modified organism (GMO).

               (5)

               The European Food Safety Authority (‘the Authority’) concluded in its opinions of 17 April 2013 and 18 April 2013 (4) that under the proposed conditions of use in feed, betaine anhydrous and betaine hydrochloride do not have adverse effects on animal health, human health or the environment.

               (6)

               The Authority further concluded that betaine anhydrous and betaine hydrochloride have the potential to be efficacious for all animal species. The Authority also 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 water submitted by the Reference Laboratory set up by Regulation (EC) No 1831/2003.

               (7)

               The assessment of betaine anhydrous and betaine hydrochloride 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. Maximum recommended contents of supplementation of betaine anhydrous and betaine hydrochloride in feedingstuffs and water for drinking should be set up.

               (8)

               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.

               (9)

               KM-ØØØH71-4 sugar beet is authorized to be used in the production of foods, food ingredients and feed for a period of 10 years from the date of the notification of Decision 2007/692/EC. That decision was notified to the authorization holders on 23 October 2007. The period of authorization of betaine anhydrous produced from KM-ØØØH71-4 sugar beet as a feed additive should not be longer than the period of authorization of KM-ØØØH71-4 sugar beet.

               (10)

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

         HAS ADOPTED THIS REGULATION:
   Article 1
   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 these substances, which are produced and labelled before 23 January 2016 in accordance with the rules applicable before 23 July 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 23 July 2016 in accordance with the rules applicable before 23 July 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 as specified in the Annex which are produced and labelled before 23 July 2017 in accordance with the rules applicable before 23 July 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, 2 July 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)  Commission Decision 2007/692/EC of 24 October 2007 authorising the placing on the market of food and feed produced from genetically modified sugar beet H7-1 (KM-ØØØH71-4) pursuant to Regulation (EC) No 1829/2003 of the European Parliament and of the Council (OJ L 283, 27.10.2007, p. 69).

      (4)  EFSA Journal 2013;11(5):3209;EFSA Journal 2013;11(5):3210;EFSA Journal 2013;11(5):3211.

      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 active substance/l of water

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

                  3a920

                  —

                  Betaine anhydrous

                     Additive composition:

                  Betaine anhydrous

                     Characterisation of the active substance

                  Betaine
                  C5H11NO2

                  CAS number: 107-43-7
                  Betaine anhydrous, produced by chemical synthesis or by extraction from sugar beet molasses or vinasses by-products of sugar production.
                  Purity criteria: betaine anhydrous (solid form) min. 97 % (on anhydrous basis). Betaine anhydrous liquid form min 47 %.

                     Method of Analysis
                      (1)

                  For the determination of betaine anhydrous in the feed additive, premixtures, feedingstuffs and water: High- Performance Liquid Chromatography method with refractive index detector (HPLC-RI).

                  All animal species

                  —

                  —

                  —

                              1.

                              Betaine anhydrous 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 premixtures, indicate the storage and stability conditions.

                              3.

                              The additive may be used in water for drinking.

                              4.

                              Recommended not to exceed supplemental levels of: 2 000 mg of betaine/kg of complete feed (with a moisture content of 12 %) or 1 000 mg of betaine/l of water for drinking for poultry, 700 mg of betaine/l of water for drinking for pigs and 250 mg of betaine/l of water for drinking for calves for rearing.

                              5.

                              If simultaneous use of betaine supplementation in feed and water for drinking, caution should be exercised no to exceed overall recommended levels, taking into account inherent levels in the feed.

                              6.

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

                  23.7.2025

                  3a921

                  Trouw Nutrition International BV

                  Betaine anhydrous produced from genetically modified sugar beet.

                     Additive composition

                  Betaine anhydrous

                     Characterisation of the active substance

                  Betaine
                  C5H11NO2

                  CAS number: 107-43-7
                  Betaine anhydrous, solid form, produced by extraction from genetically modified KM-ØØØH71-4 sugar beet.
                  Purity criteria: min. 97 % (on anhydrous basis)

                     Method of Analysis
                      (1)

                  For the determination of betaine anhydrous in the feed additive,
                     premixtures, feedingstuffs and water: High Performance Liquid Chromatography method with refractive index detector (HPLC-RI).

                  All animal species

                  —

                  —

                  —

                              1.

                              Betaine anhydrous 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 premixtures, indicate the storage and stability conditions.

                              3.

                              The additive may be used in water for drinking.

                              4.

                              Recommended not to exceed supplemental levels of: 2 000 mg of betaine/kg of complete feed (with a moisture content of 12 %) or 1 000 mg of betaine/l of water for drinking for poultry, 700 mg of betaine/l of water for drinking for pigs and 250 mg of betaine/l of water for drinking for calves for rearing.

                              5.

                              If simultaneous use of betaine supplementation in feed and water for drinking, caution should be exercised no to exceed overall recommended levels, taking into account inherent levels in the feed.

                              6.

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

                  23.10.2017

                  3a925

                  —

                  Betaine hydrochloride

                     Additive composition

                  Betaine hydrochloride.

                     Characterisation of the active substance

                  Betaine hydrochloride.
                  Chemical formula: C5H11NO2·HCl
                  CAS number: 590-46-5
                  Betaine hydrochloride, solid form, produced by chemical synthesis.
                  Purity criteria: min. 98 % (on anhydrous basis).

                     Method of Analysis
                      (1)

                              —

                              For the determination of betaine hydrochloride in the feed additive:

                                          1.

                                          Titration with perchloric acid (US Pharmacopeia 31, Betaine hydrochloride monograph.); or

                                          2.

                                          High Performance Liquid Chromatography method with refractive index detector (HPLC-RI).

                              —

                              For the determination of betaine hydrochloride in premixtures, feedingstuffs and water: High-Performance Liquid Chromatography method with refractive index detector (HPLC-RI).

                  All animal species

                  —

                  —

                  —

                              1.

                              Betaine hydrochloride 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 premixtures, indicate the storage and stability conditions.

                              3.

                              The additive may be used in water for drinking.

                              4.

                              Recommended not to exceed supplemental levels of: 2 000 mg of betaine/kg of complete feed (with a moisture content of 12 %) or 1 000 mg of betaine/l of water for drinking for poultry, 700 mg of betaine/l of water for drinking for pigs and 250 mg of betaine/l of water for drinking for calves for rearing.

                              5.

                              If simultaneous use of betaine supplementation in feed and water for drinking, caution should be exercised no to exceed overall recommended levels, taking into account inherent levels in the feed.

                              6.

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

                  23.7.2025

         (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) No 1372/2011 of 21 December 2011 concerning the non-approval of the active substance acetochlor, 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 Commission Decision 2008/934/EC  Text with EEA relevance

text:
               22.12.2011

               EN

               Official Journal of the European Union

               L 341/45

         COMMISSION IMPLEMENTING REGULATION (EU) No 1372/2011
   of 21 December 2011
   concerning the non-approval of the active substance acetochlor, 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 Commission Decision 2008/934/EC
   (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 13(2) and Article 78(2) thereof,
   Whereas:

               (1)

               In accordance with Article 80(1)(c) of Regulation (EC) No 1107/2009, Council Directive 91/414/EEC (2) is to apply, with respect to the procedure and the conditions for approval, to active substances for which completeness has been established in accordance with Article 16 of Commission Regulation (EC) No 33/2008 of 17 January 2008 laying down detailed rules for the application of Council Directive 91/414/EEC as regards a regular and an accelerated procedure for the assessment of active substances which were part of the programme of work referred to in Article 8(2) of that Directive but have not been included into its Annex I (3). Acetochlor is an active substance for which completeness has been established in accordance with that Regulation.

               (2)

               Commission Regulations (EC) No 451/2000 (4) and (EC) No 1490/2002 (5) lay down detailed rules for the implementation of the second and third stages of the programme of work referred to in Article 8(2) of Directive 91/414/EEC and establish lists of active substances to be assessed, with a view to their possible inclusion in Annex I to Directive 91/414/EEC. One of these lists included acetochlor.

               (3)

               In accordance with Article 3(2) of Commission Regulation (EC) No 1095/2007 of 20 September 2007 amending Regulation (EC) No 1490/2002 laying down further detailed rules for the implementation of the third stage of the programme of work referred to in Article 8(2) of Council Directive 91/414/EEC and Regulation (EC) No 2229/2004 laying down further detailed rules for the implementation of the fourth stage of the programme of work referred to in Article 8(2) of Council Directive 91/414/EEC (6) the notifier withdrew its support for the inclusion of that active substance in Annex I to Directive 91/414/EEC within two months from entry into force of Regulation (EC) No 1095/2007. Consequently, Commission Decision 2008/934/EC of 5 December 2008 concerning the non-inclusion of certain active substances in Annex I to Council Directive 91/414/EEC and the withdrawal of authorisations for plant protection products containing these substances (7) was adopted on the non-inclusion of acetochlor.

               (4)

               Pursuant to Article 6(2) of Directive 91/414/EEC the original notifier (hereinafter ‘the applicant’) submitted a new application requesting the accelerated procedure to be applied, as provided for in Articles 14 to 19 of Regulation (EC) No 33/2008.

               (5)

               The application was submitted to Spain which had been designated rapporteur Member State by Regulation (EC) No 1490/2002. The time period for the accelerated procedure was respected. The specification of the active substance and the supported uses are the same as were the subject of Decision 2008/934/EC. That application also complies with the remaining substantive and procedural requirements of Article 15 of Regulation (EC) No 33/2008.

               (6)

               Spain evaluated the additional data submitted by the applicant and prepared an additional report. It communicated that report to the European Food Safety Authority (hereinafter ‘the Authority’) and to the Commission on 22 April 2010. The Authority communicated the additional report to the other Member States and the applicant for comments and forwarded the comments it had received to the Commission. In accordance with Article 20(1) of Regulation (EC) No 33/2008 and at the request of the Commission, the Authority presented its conclusion on the risk assessment of acetochlor to the Commission on 18 April 2011 (8). The draft assessment report, the additional report and the conclusion of the Authority were reviewed by the Member States and the Commission within the Standing Committee on the Food Chain and Animal Health and finalised on 11 October 2011 in the format of the Commission review report for acetochlor.

               (7)

               During the evaluation of this active substance, concerns were identified. Those concerns were, in particular, the following. A potential human exposure above the acceptable daily intake has been identified. In addition, there is a potential for human exposure to the surface water metabolite t-norchloro acetochlor, the genotoxicity of which cannot be excluded. There is a high risk of groundwater contamination for several metabolites, a high risk for aquatic organisms and a high long term risk for herbivorous birds. Finally, the information available was not sufficient to conclude on the risk assessment for the groundwater contamination for metabolites t-norchloracetochlor and t-hydroxyacetochlor.

               (8)

               The Commission invited the applicant to submit its comments on the conclusion of the Authority. Furthermore, in accordance with Article 21(1) to Regulation (EC) No 33/2008, the Commission invited the applicant to submit comments on the draft review report. The applicant submitted its comments, which have been carefully examined.

               (9)

               However, despite the arguments put forward by the applicant, the concerns referred to in recital 7 could not be eliminated. Consequently, it has not been demonstrated that it may be expected that, under the proposed conditions of use, plant protection products containing acetochlor satisfy in general the requirements laid down in Article 5(1)(a) and (b) of Directive 91/414/EEC.

               (10)

               Acetochlor should therefore not be approved pursuant to Article 13(2) of Regulation (EC) No 1107/2009.

               (11)

               To provide Member States with time to withdraw authorisations for plant protection products containing acetochlor, Regulation (EC) No 1490/2002 should be derogated from.

               (12)

               For plant protection products containing acetochlor, where Member States grant any period of grace in accordance with Article 46 of Regulation (EC) No 1107/2009, this period should expire at the latest one year after the withdrawal of the respective authorisation.

               (13)

               This Regulation does not prejudice the submission of a further application for acetochlor pursuant to Article 7 of Regulation (EC) No 1107/2009.

               (14)

               In the interest of clarity, the entry for acetochlor in the Annex to Decision 2008/934/EC should be deleted.

               (15)

               It is therefore appropriate to amend Decision 2008/934/EC accordingly.

               (16)

               The Standing Committee on the Food chain and Animal Health did not deliver an opinion. An implementing act was deemed to be necessary and the chair submitted the draft implementing act to the appeal committee for further deliberation. The measures provided for in this Regulation are in accordance with the opinion of the appeal committee,

         HAS ADOPTED THIS REGULATION:
   Article 1
   Non-approval of active substance
   The active substance acetochlor is not approved.
   Article 2
   Transitional measures
   By way of derogation from Article 12(3) of Regulation (EC) No 1490/2002, Member States shall ensure that authorisations for plant protection products containing acetochlor are withdrawn by 23 June 2012.
   Article 3
   Period of grace
   Any period of grace granted by Member States in accordance with Article 46 of Regulation (EC) No 1107/2009 shall be as short as possible and shall expire 12 months after withdrawal of the respective authorisation at the latest.
   Article 4
   Amendments to Decision 2008/934/EC
   In the Annex to Decision 2008/934/EC, the entry for ‘acetochlor’ is deleted.
   Article 5
   Entry into force
   This Regulation shall enter into force on the day following its publication in the Official Journal of the European Union.

      This Regulation shall be binding in its entirety and directly applicable in all Member States.
      Done at Brussels, 21 December 2011.

            For the Commission

            The President

         José Manuel BARROSO

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

      (2)  OJ L 230, 19.8.1991, p. 1.

      (3)  OJ L 15, 18.1.2008, p. 5.

      (4)  OJ L 55, 29.2.2000, p. 25.

      (5)  OJ L 224, 21.8.2002, p. 23.

      (6)  OJ L 246, 21.9.2007, p. 19.

      (7)  OJ L 333, 11.12.2008, p. 11.

      (8)  European Food Safety Authority: ‘Conclusion on the peer review of the pesticide risk assessment of the active substance acetochlor’. EFSA Journal 2011; 9(5):2143. [109 pp.]. doi:10.2903/j.efsa.2011.2143. Available online: www.efsa.europa.eu/efsajournal.htm